Why El-Rufai is Misunderstood – By Arnold A. Alalibo

Posted by admin Arnold Alalibo, Articles, Columnists, Kaduna, NNP Columnists, State News Tuesday, May 17th, 2016

By Arnold A. Alalibo | NNP | May 17, 2016 – The Kaduna State governor, Mallam Nasir Ahmad El-Rufai, relishes controversy. Lately, he was slammed the “death” penalty by the founder of Omega Fire Ministries, Apostle Johnson Suleiman, for a bill he initiated to regulate religious activities in his state. The bill awaits public hearing and final presentation for third reading in the state Assembly.

Titled: “A Bill for a Law to Substitute the Kaduna State Religious Preaching Law 1984”, the bill is said to be a replication of the 1984 law enacted by the military with modifications. Following protracted religious conflicts in the state, the military administrations at the time enacted the law to check the activities of radical preachers who had been accused of sparking off crises with their utterances.

Kaduna is a cosmopolitan state. Since its creation, it has witnessed one form of violent conflict or the other with heavy casualties, thus making it one of the most volatile and vulnerable states in the country. The conflicts range from boundary and land disputes, religious crises, political violence, ethnic clashes, chieftaincy tussles etc.

Some of the violent clashes that had engulfed the state include the Maitatsine riot of 1980, the 1987 Kafanchan crisis, 1992 Zango Kataf crisis, 2000 Sharia conflict, post presidential election violence in 2011 and the recent Shi’ite/army clash that would have resulted in a bigger crisis but for the state government’s intervention.

The state government has consistently defended the proposed law, claiming that it does not have ulterior motives neither does it contravene Section 45(1) of the 1999 Constitution; rather it seeks to ensure that religious preaching and activities in the state are conducted in apple pie order for public bid and safety. But who cares to listen when everyone is up in arms?

However, critics of the bill have pointed to its inconsistency with Sections 38 and 39 of the Constitution which protect the rights of citizens to freedom of thought, conscience and religion. What is being suggested here is that the bill restricts preaching and would therefore limit conversion. Its opponents also allege that it will transfer the leadership of the religions to the board it seeks to create.

Now, how does this bill look like? First, it proposes the establishment of regulatory bodies for the two major religious groups. It also proposes the establishment of two committees, one from Jama’atau Nasir Islam (JNI) for the Muslims and the other from the Christian Association of Nigeria (CAN). It recommends the establishment of an inter-faith ministerial committee to supervise both the JNI and CAN.

The two committees will issue licenses approved by the ministerial committee to preachers which is renewable annually, while a visiting preacher will be issued license to cover the period he will preach. Similar committees will be replicated in the local government areas. Both JNI and CAN are empowered by the bill to keep records of all churches and mosques and the data of preachers.

Other proposals by the bill include restriction on the playing of all communication gadgets containing religious recordings to one’s house, the church, mosques and other designated places of worship. The bill further prohibits the playing of cassettes that use abusive language against any person, religious organizations or their leaders.
Furthermore, it makes it an offence for anyone to preach without license, play a religious cassette or uses a loud speaker after 8pm in public places; use a loud speaker for religious purposes other than inside a mosque or church and surrounding areas outside the prescribed prayer times.

Abuse of religious books, inciting disturbances of public peace, abuse or use of any derogatory term in describing any religion or the carrying of weapons of any description in places of worship or to any other place with a view to causing any disturbances are equally offensive. The bill makes all infractions punishable by a term not exceeding two years imprisonment or a fine of N200, 000 or both.

This executive bill by the state government has generated great controversy among leaders of the two major religions (Christianity and Islam) in the state as well as stakeholders who are split on the propriety or otherwise of the proposed law. While it is being upbraided in some quarters, others have applauded it as a step in the proper direction.

El-Rufai’s bill is not new. Many countries have enacted laws to regulate religious activities in line with their peculiar circumstances. Even beyond our shores, France’s leading Muslim body, the French Council for the Muslim Religion (CFCM), announced, in the wake of the last terrorists’ attacks that, Imams would have to be licensed after their theological knowledge is tested particularly for their “tolerance” and “openness”.

What is wrong with El-Rufai’s bill and why is it vilified? Have those who criticize the draft legislation bothered to peruse it and point out the sections that are offensive to the governor as he has always demanded? While some of the provisions of the bill are unacceptable, I think the governor has a responsibility to protect those he governs. And one way to actualize it is to enact a law to check dangerous religious activities in his state. I disagree with those who claim that the bill will infringe on their fundamental rights. Such rights are not absolute and that is why the state can regulate them to accommodate others’ rights.

Finally, and I think this is very important. I don’t question the governor’s intention, but since laws are about people, El-Rufai must listen to dissenters from the bill and take their views seriously. This means he has to consult more widely, meet with critics and representatives of all religions in the state, and return with a more acceptable bill. Why El-Rufai has been so misunderstood is because he has projected his intention well above good approach. This must change if his bill must have a dint of a fighting chance.

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