A statement by El-Rufai’s Special Assistant for Media and Publicity,
Samuel Aruwan, said: "The Kaduna State Government has issued an Order
declaring the Islamic Movement in Nigeria (IMN) an unlawful society.
This action is taken in the exercise of the government’s duty to
preserve peace and security in the state, and to ensure that all persons
and organisations are guided by lawful conductand with due allegiance
to the Nigerian state and its Constitution."
Below is the full text of the Kaduna State government’s order: Kaduna declares Islamic Movement in Nigeria an unlawful society
The
Kaduna State Government has issued an Order declaring the Islamic
Movement in Nigeria (IMN) an unlawful society. This action is taken in
the exercise of the government’s duty to preserve peace and security in
the state, and to ensure that all persons and organisations are guided
by lawful conduct and with due allegiance to the Nigerian state and its
Constitution. The Kaduna stateexecutive council approved the making of
this order following deliberations at its meeting of Thursday, 06
October 2016.
The Order, which has been signed by the Governor,
draws on powers vested by the Constitution and the laws of Kaduna State.
Section 45 (1) of the Constitution categorically vests in the Governor
the powers to take such measures and actions as are necessary for the
promotion and protection of:
Section 97A of the Penal Code (Cap
110, Laws of Kaduna State, 1991) empowers the Governorto declare as an
unlawful society any organisation whose activities are dangerous to the
security and good governance of the state.
The Judicial
Commission of Inquiry into the Zaria Clashes of 12-14 December 2015
found that the IMN is not a registered organisation, that it has a
paramilitary wing and that its members do not recognise or respect the
laws of the country and the duly constituted authorities that have the
responsibility to secure and administer the country.
The Order noted
that “these acts, if allowed to go unchecked will constitute danger to
the peace, tranquility, harmonious coexistence and good governance of
Kaduna State”.
The Declaration Order, which comes into effect on
Friday, 7 October 2016, provides for the prosecution of persons that may
be in breach of its provisions under the laws of Kaduna State:
"Whoever
manages, or is a member of the said Society under any appellation or
mutation with the propensity of causing the breakdown of law and order,
or operates in a manner dangerous to the good governance of the State
shall, from commencement of this order, be prosecuted in accordance with
the Laws of Kaduna State."
Sections 97A and 97B of the Penal
Code prescribe a penalty of imprisonment for seven years or a fine or
both for any person convicted for belonging to an unlawful society.
The
Kaduna State Government reaffirms its vigorous commitment to upholding
the right of citizens to practice the religion of their choice. These
are rights fully protected by Sections 38 and 40 of the Constitution.
Such
rights to freedom of thought and worship must however be exercised in
ways that do not infringe on the rights of others, and should not
subject other people to distress and inconvenience. |
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