BANNING OF IMN BY KDSG: Femi Falana, SAN Opens-Up
When the army killed three of the children of Sheik Ibraheem Elzakzaky the leader of the Shiites in 2014 Mr. Nasiru El Rufai paid a condolence visit to him in his residence in Zaria. He also visited the house to seek the support of the Shiites during the campaign for the governorship election in 2015.
And when he won the election Mr. El Rufai sent his sister to thank the Sheik. But following the military attack on the Shiites in December 2015 the kaduna state government provided logistics for the mass burial of the 348 citizens who were massacred by the armed troops.
The Kaduna state government also demised the house of the Sheik and other properties of the Shiites. Even though the government has not issued a white paper on the
report of the Garba Judicial Commission of Inquiry which probed the military attack Governor El Rufai has announced the proscription of the Islamic movement in Nigeria.
Scores of people were killed last week by the army and the policy under the pretext of enforcing the proscription.
With the assistance of the rampaging troops youths are reported to have set fire on the properties of the many members of the Movement. In justifying the ban of the movement the Kaduna state government is said to have relied on the provision of Section 45 of the Constitution.
With respect, a state government has no power to proscribe any society in Nigeria. In Peace Corps v Inspector-General of Police (2012) the federal high court held that the proscription of the plaintiff without a court order could not be justified in law. Therefore, the purported ban of the movement without a court order is illegal and unconstitutional. It is hoped that the federal government will restrain the Kaduna state from plunging the country to
another religious war.
-Femi Falana (SAN)
When the army killed three of the children of Sheik Ibraheem Elzakzaky the leader of the Shiites in 2014 Mr. Nasiru El Rufai paid a condolence visit to him in his residence in Zaria. He also visited the house to seek the support of the Shiites during the campaign for the governorship election in 2015.
And when he won the election Mr. El Rufai sent his sister to thank the Sheik. But following the military attack on the Shiites in December 2015 the kaduna state government provided logistics for the mass burial of the 348 citizens who were massacred by the armed troops.
The Kaduna state government also demised the house of the Sheik and other properties of the Shiites. Even though the government has not issued a white paper on the
report of the Garba Judicial Commission of Inquiry which probed the military attack Governor El Rufai has announced the proscription of the Islamic movement in Nigeria.
Scores of people were killed last week by the army and the policy under the pretext of enforcing the proscription.
With the assistance of the rampaging troops youths are reported to have set fire on the properties of the many members of the Movement. In justifying the ban of the movement the Kaduna state government is said to have relied on the provision of Section 45 of the Constitution.
With respect, a state government has no power to proscribe any society in Nigeria. In Peace Corps v Inspector-General of Police (2012) the federal high court held that the proscription of the plaintiff without a court order could not be justified in law. Therefore, the purported ban of the movement without a court order is illegal and unconstitutional. It is hoped that the federal government will restrain the Kaduna state from plunging the country to
another religious war.
-Femi Falana (SAN)
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