Nigerian Youths Must Stand Focused and United

With the recent unfortunate attacks made by the radical Islamist group popularly known as “Boko Haram” and the unending Muslim-Christian clashes in Jos, Plateau State, I find it very necessary to write this short piece in order to make a clarion call to my fellow great Nigerian Youths to avoid sentiment and bigotry, and stand focused and united, so that together we can take our beloved country, Nigeria, to a greater level.

But before I go any further, as a Muslim, I would like to put it categorically clear here that the ongoing acts of the Extremist Group known as “Boko Haram” are unislamic. Islam does not condone violence. The Arabic word “Islam” was derived from the root word “Salaam” which means “Peace and Safety”. As such, committing suicide by a Muslim or killing other innocent people (by him) without due cause, is prohibited and, of course, one of the greatest sins in Islam.

However, being a regular reader of some of the Nigerian Newspapers, particularly Vanguard Newspaper (online version), I must say that I am not encouraged by the way some unenlightened Nigerian Youths are blindly reacting to the issue of “Boko Haram”, which will not in any way solve the “Boko Haram” problem, but rather create another problem for Nigeria, which would be much bigger than the “Boko Haram” problem itself. No one is disputing the fact that the “Boko Haram” problem is a critical one which has to be addressed as a matter of urgency. But still we must be very careful in addressing it, because the problem is a complex one and there is more in it than we can superficially see. As a student and also a development worker, I find time and conducted a wider research on the ideology behind “Boko Haram”, including its origin and root causes, as well as its membership and activities. My research paid more attention on the root causes, because I strongly believe that the “Boko Haram” problem can only be solved if some of its root causes are identified and addressed. And after my research, I jumped into the conclusion that it is bad leadership and social injustices of our corrupt leaders that give birth to “Boko Haram”. It is indeed the same bad leadership that gives birth to all other evils and menaces, such as the Niger Delta Militancy and the ongoing Jos Crisis, which are always pulling our nation backward.

Similarly, it is also sad how our corrupt politicians, who are responsible for the emergence of “Boko Haram” are at the same time capitalizing on it to create confusion and bring disunity among Nigerians in order to achieve their personal political aims. These corrupt politicians have the fear that once poor Nigerians are enlightened and united, then the next thing they would do is to challenge them (politicians) and go against their long standing injustices. In order to prevent this challenge, these politicians continue to use their “Divide and Rule” system, by usually formulating and fuelling ethnic and religious crises which usually resulted into disharmony and disunity among the poor Nigerians.

At this juncture therefore, I would like to call on my fellow Nigerian Youths, who constitute more than 70% of the country’s population to kindly put aside our ethnic and religious differences and come together on one platform so as to rebuild our great country Nigeria. Sentiment, emotion and bigotry will not take us anywhere. It will only give our exploiters the chance to continue exploiting us and looting our national treasury. We must stop killing each other and destroying each other’s homes and properties all in the name of religion. Rather, we must come together and fight corruption. We must fight the present neo-liberal economic policies of our government, which have further impoverished our people, immensely increased youth unemployment and increased astronomically the cost of living for the ordinary citizens. We must start projecting towards rebuilding Another Nigeria, which is quite possible. Another Nigeria where there will be total rule of law, equity, justice and fairness for all. Another Nigeria where there will be good educational system, effective medical care, constant power supply, portable drinking water, employment opportunities for all and other infrastructural facilities for the betterment of the ordinary citizens. Another Nigeria where government will be answerable, accountable and responsive to its people.

Finally, for us to get this Another Nigeria of our dream, we must start the movement today and right now. We can start today from our community levels, by educating and enlightening those our friends, brothers and sisters on how they can actively participate towards achieving this other Nigeria, especially by using their votes wisely during elections. And we must always put it at the back of our mind that unless and until positive, responsive and effective leadership is obtained in Nigeria, we can never see an end to these epidemics, like “Boko Haram” and the rest. Let me close with the following words to my great Nigerian Youths, please, DO NOT ANTAGONISE, BUT RATHER ORGANISE!

Long Live Nigeria!

  

Long Live Nigerian Youths!

Yusha’u Sani Yankuzo

Faculty of Law,

Bayero University, Kano

yankuzo2000@yahoo.com

www.yankuzo2000.blogspot.com

08033477704

08055558250

  

State of Human Rights in Kano State

The governments’ transition from military to civilian rule in 1999 after almost 30 years of military dominance undoubtedly, ushered in hope and relief to most Nigerians that government under a democratic dispensation would effectively address the issue of human rights abuses that were prevalent during the military regimes. However, such hopes/belief now appear debatable following over a decade of democratic governance in Nigeria regarding the nation’s human rights record.

Nigeria under democratic government has severally banned gatherings, which it considers have political, ethnic or religious nature. There have been bans on processions, rallies, demonstrations and meetings in public places on a case-by-case basis.

In January, 2009, the Kano State Hisbah Board ordered the Voice of Widows, Divorcees and Orphans of Nigeria (VOWAN) a non-governmental organization concerned with the welfare of widows and divorcees, to refrain from staging a rally in Kano, referring to the intended rally as ‘un-islamic’ since it has never been witnessed in the Hausa community for women to be on the streets in the name of protest.

In Kano State reported incidences of torture perpetrated by workers in government hospitals who use torture as a form of treatment for mentally retarded patients at the Dawanau Psychiatric Hospital. There were four reported cases of torture on patients of the clinic. On 29^th March, 2010 victims had evidences of severely bruised bodies, jaws and arms. Others like Dahiru Aminu, had his testicles smashed by one of the wardens attached to the clinic.

CASES OF DOMESTIC VIOLENCE

Like in other parts of the country, most women violations in Kano State occur in the private circle of family and homes where the violations are confined to the bedrooms. The violence is often invisible; difficult to observe and measure because it is not readily attested to by statistical data. Women hardly confess that they are assaulted by their spouses as such matters are considered to be private problems of the family concerned. Women in this region are not encourage to discuss their family issues in public.

Furthermore, in this part of the country, women who are a victim of domestic violence who lay complaints and pursues legal remedy against their husbands’ risk a break-up of the marriage or generate insecurity. The husband may also deny or withdraw his economic support from her. The effect of this is that the women would normally resort to the informal justice system that operates within the community, which could be the extended family, the village head, or the community head to seek redress for violations of their rights even when it borders on criminality.

At this level however, the women are often castigated for making a domestic issue public and coupled with the inherent discriminatory practices that encourage the subjugation of women to men, they are left with no choice than remain silent. Women and girls are subjected to multiple forms of violence in their homes. In Northern Nigeria and in Kano for example, the most common forms identified includes wife battering ranging from rape, verbal abuse, denial of financial resources, denial of food, child/forced marriage, sexual violence and torture.

SPECIFIC CASES OF DOMESTIC VIOLENCE

Jamila, 37, owns and manages a food restaurant where she raises income to support her family. This business became necessary as the husband, Alh. Audu, could not provide food for her and their four children. Alh Audu is reputed for always beating Jamila on grounds of merely suspecting her of having illicit affairs with her customers. A similar incident of brutal attack and beating of Jamila by her husband occurred on 22^nd July, 2010, involving the use of knife and extreme force on her body; including Jamila’s private part. This resulted in grievous bodily harm including fractures on her left leg, broken left arm and different scars as a result of the injuries sustained in the course of the attack. Alh. Audu has been charged to court while Jamila is currently receiving treatment at the Murtala Specialist Hospital, Kano.

Amina, 19, was forced into marriage at the tender age of 15 years to a 40 years old Mallam Ibrahim. The marriage was said to be an arrangement between Amina’s parents and the family of mallam Ibrahim owing to both families long standing relationship. The marriage is blessed with 2 female children who are out of school. Mallam Ibrahim believes that it’s a waste of time and investment in sending a woman to school since they are regarded as products for sale and sooner or later will be sold off.  Amina is also not educated as her father did not send her to school and the husband would not either.

Amina says her husband treats her with utter disrespect and she does not matter in the relationship. She is never asked her opinions on domestic issues, but to just take orders from her husband. Her ordeal is further compounded by the frequent beatings she receives from her husband particularly when she demands for food or money for up keep. Mallam Ibrahim usually returns home late at night and drunk every day and has consciously abandoned Amina and their children to fend for themselves or starve to death. Amina’s parents refused to intervene in the matter which they considered was a private family affair and had insisted that Amina should not disclose her sore relationship with the husband to anybody. They also did not support Amina’s decision to file for divorce so as to save their face since they had unilaterally married her off without her consent; thereby compelling Amina to remain in the marriage against all odds and irrespective of the fact that Mallam Ibrahim eventually took a second wife.

Amina says her condition is unbearable but fears to push the matter further being a Muslim and her faith frowns at revealing her marital disharmony. Amina believes her life would have been better if she had gone to school and not married off so early to a man she never loved. She has decided to live in silence through her marriage under her oppressive husband and hoping that Allah will intervene in her case.

Adamu and Farida, 22, have been living together in courstship which led to her being pregnant. When Adamu discovered that Farida was pregnant, he made no hesitation to deny same; alleging that Farida has been sleeping around with other men. He became unnecessarily hostile to Farida and beats her occasionally. Farida’s parents have who got her pregnant. When Farida was reporting this incidence to KAHRN, she confirmed that Adamu was responsible for the pregnancy.

Fatima, 27, was raped and assaulted by a police officer who was said to be Fatima’s boyfriend. The alleged offender also confiscated some of her house hold items including electronics. Fatima was yet to make any formal report as at time our partners got to know of the incidence.

INHERITANCE

Another form of violation against women that was reported was on denial of inheritance rights by family members of deceased husbands. There were however, few of such cases perhaps due to the right of inheritance accepted women under the Qur’an which in most communities in Kano State are to a large extent implemented.

Halima, 35, was married to late Mohammed for 15 years before his demise 3 years ago. Halima has 6 children who are all females. Her late husband owns a house and provision store. The late husband’s brother did not allow Halima to inherit or enjoy any of the late husband’s properties for the mere reason that she had no male child.

Jummai, 38, is a petty trader with 5 children. She lost her husband two years ago and has been fending for the children single handedly since then. Jummai was denied inheritance of her late husband’s property by the relatives to the husband. The community head later intervened in the matter and helped to resolve same. Jummai has since moved into her matrimonial home with her children.

HIV – STATUS DISCRIMINATION   

Mary, 33, is a mother of 6 children but was sent out of her matrimonial home by her husband when she was tested positive to HIV. All efforts made at convincing the husband to bring her back to the home proved abortive.

Jummai, 38, stigmatized by her co-tenants and people in her work place following rumor by neighbors that she is HIV positive. She was consequently dreaded and avoided by the people around her.

CHILD ABUSE

On 15^th June, 2010, 15 year old Hafsatu Amadu, from Kwankwaso town, Kano State, ran away from her parental home to avoid being forced into marrying an old man about the age of her father. The matter was referred to the Hisbah Board were Hafsatu was accommodated as the father refused to heed to any intervention to send Hafsatu to school.

On 8^th January, 2010, in Kano State, 9-year old Hadi Bala, an Almajiri was seriously whipped by his teacher, Mallam Garba for bringing a poor turn-over of money he made from begging. The incident is one of the regular of such cases previously suffered by Bala.

In Kano State, there was the case of a 15-year old Fatima who was taken by a woman trafficker to Sagamu in Ogun State to hawk food. Fatima was often sexually harassed whenever she went out to sell food. When the situation became unbearable for her, she ran away from Sagamu to Kano State to the house of the ward head.

UNLAWFUL ARREST AND DETENTION

In Kano State, there has been a sour relationship between Hausa movie practitioners and the kano State government. There were spate of arrests of computer down load operators and prominent industry figures on charge of alleged indecency and failure to register new films. The board was instituted in 2001 after the implementation of Islamic Sharia law as a compromise measure between the filmmakers and the government.

The censor board uses the Hisbah group as watch-dogs to enforce compliance with the institution’s regulations. The Hisbah Board in connivance with the police, raided shops and in most cases forcefully arrested and detained persons linked to the film industry and alleged to be involved in producing ostensibly illicit and immoral materials, or for refusing to register their new products with the censor board. The censor board operates a mobile court and suspects were summarily sentenced to jail terms or given options of fine without being afforded a fair hearing or the opportunity of defending themselves.

September, 2007, an actor, musician, and director, Adam Zang, was arrested and sentenced to three months imprisonment with a fine of N1000 for releasing a music video CD without first submitting same to the Kano State censor board. On 22^nd March, 2008, a popular actress, Zainab Umar, and her friend were forcefully arrested by the Hisbah group and detained for 20 hours in the Hisbah headquarters for ‘living in a houses without suitable relation. “In October, 2008, Rabiu Musa and his colleague Lawal Kaura were arrested and sentenced to two months in prison. On 4^th June, 2009, a singer, Aminu Ala was arrested and detained for three days before he was released on bail by the police. He was alleged to have released a song without the approval of the censor board. On 13^th January, 2010, Auwalu Yahaya was arrested by the police in Kano State and detained for nine days and also denied medication.

Apart from the prison sentences, the police and the Hisbah Group used other acts of intimidation against studios and lower profile film industry workers to the effect that each participant in the industry gets full registration with the censor board. Many youths in the film and related entertainment industry get arrested, detained and sentenced to various prison terms and fines. On 23^rd June, 2010, Muhammad Adam and 6 other persons were arrested, detained and made to pay fines for various charges by the censor board mobile court on this account.

January, 2010, sale Babangida, a detainee in Kurmawa prison was re-arrested before leaving the court room upon his discharge. The police justify these re-arrest on grounds that discharges do not amount to acquittals not minding that the discharges are often borne out of lack of diligent prosecution.

ASSAULT

Sometime early last year 2010, April, to be specific three air force personnel acting under the instruction of one Flt. Lt. Umar of the 303 training school Air Force Base Kano beat to a state of coma Mr. Adebayo a spray painter in Kofar Ruwa just for not finishing spray painting the latter’s car as promised. When Mr. Adebayo’s union, Nigeria Automobile Technicians Association (NATA) Complained to the 303 Commandant Audu Danbaki he only apologized that’s all. Mr. Adebayo was later left with the responsibility of treating himself. See photograph.   

Yusha’u Sani Yankuzo

Faculty of Law,

Bayero University, Kano

yankuzo2000@yahoo.com

08033477704

08055558250

Youth Position Paper on Electoral Reform in Nigeria

YOUTH POSITION PAPER ON CONSTITUTIONAL / ELECTORAL REFORM IN NIGERIA

YOUTH MEMORANDUM ON ELECTORAL REFORM IN NIGERIA, SUBMITTED TO THE SENATE COMMITTEE ON CONSTITUTIONAL REVIEW AT A NORTH-WEST PUBLIC HEARING HELD ON THE 14^TH AND 15^TH DECEMBER, 2009 AT SANI ABACHA STADIUM (INDOOR HALL), KOFAR MATA, KANO

Protocols:

On behalf of the United Action for Democracy, UAD (North-West Zone) and Youth Coalition on Electoral Reform, North-West Wing, it is my pleasure to present the Youth Memorandum on the Constitutional & Electoral Reform to the Senate Committee on Constitutional Review. This paper is an attempt to capture and communicate the position of Nigerian youth on the Constitutional/Electoral Reform in Nigeria.   

Nigerian youths celebrate the initiative taken by the President, His Excellency, Alhaji Umaru Musa Yar’adua to inaugurate the Electoral Reform Committee (ERC) and the bold step taken by the National Assembly to review the constitution at the instance of Executive bills being forwarded to it. We commend the Committee for requesting the general public to submit memoranda and for organizing hearings. Thus, this effort sets the ball rolling towards entrenching electoral justice in Nigeria. Participation by young people is crucial because if young people do not participate, both the process and the final document will be useless and irrelevant to democratic renewal that is so badly needed in the country. It is necessary that young people not only participate in the process but also should have easy access to the process and the final constitution; understand it and use it in the defence of their individual and collective rights

Overview:Bad elections have great consequences for this nation. At best it gives birth to a weak government which inflicts distress upon the people. Unfortunately, the people as whole pay the price, most especially young people, left on margins, neglected and forgotten in poverty and misery. Our civil life cannot be complete if the ideas and opinions of young people are missing from campaigns and grassroots effort to change policy. The process must take on board the involvement of young people at all levels in debating freely the content of the constitution and Electoral reform. Youths should be worked with and not worked for. Youths should be seen and heard at the same time

The youths of this generation stand on the threshold of remarkable history. With over 68% of Nigeria’s population as youth, we occupy the largest block. We are called the leaders of tomorrow but with the way the leaders of today are carrying on, tomorrow is already compromised and if nothing is done to ARREST the situation NOW, there will be no tomorrow for us to lead. And that has informed the formation of our coalition to push issues on political reforms to the front burner of national engagement.

While many governments and social institutions are struggling with the idea of youth participation and other even questioning its usefulness, some governments have evidently taken good initiatives to promote youth participation. Under the provisions of the National Youth Statute of 1993 and the Parliamentary Act of 1995, five young people between the ages of 18 – 30 are elected to the national government in Uganda. The law also states that one of the five should be a female representative, representing the interests of young women. This provides a powerful platform for the young to raise their concerns and influence policy at all levels. The government of Germany made a landmark provision which sits a young person in the National parliament to represent and protect the interest of young persons in the country. At the point of that landmark pronouncement, an 18 year old young female got the nomination.

As a coalition, having critically examined the state of affairs in the country, we consider credible electoral system as the only foundation upon which the pillars of good governance can be erected if we are to arrive at the beautiful edifice of sustainable development in the Nigeria of our dream. In support of a credible electoral reform and constitutional reform as the lynch-pin for participatory democracy, we the youths propose action on three broad spectrum, namely Independence and efficient electoral management body, increased youth participation in democratic processes, constitutional and legal framework.

About the Youth Memorandum on Electoral Reforms in Nigeria: This memorandum would address strategic issues as identified by young people at the different youth roundtables and dialogue forums organized at different zones across the country:

1. Mainstreaming Youth in electoral and political processes: On the average, youths represent a mere 5% of all elected legislators worldwide and we remain underrepresented in most national and international administrative structures. Yet youths constitute the largest block of our population. Section 40 of the 1999 Constitution confers upon all citizens the right to democratic governance and Section 77 (2) states that every citizen in Nigeria who has attained the age of 18 residing in Nigeria at the time of registration of voters for purposes of election shall be entitled to be registered as a voter for that election. By virtue of Section 77 (2) and Section 65 (1) (a) & (b) youths can only vote and not be voted until they attain they ages of 30 years for House of Representatives and 35 years for Senate. Young people have much to contribute to the democratic process. With their vital experience and activism, they can engage positively in constructive debate on development in the polity. Their personal knowledge of what it means to grow up and live in Nigeria – enduring practical everyday problems of which politicians with a steady income may have no experience – allows young people to make decision-makers aware of the implications that their decisions have on the lives of citizens: and specifically, the future of our democracy.

2. Addressing the issue of Partial Franchise: Franchise is the right to vote and be voted for. Unfortunately, franchise is only a right to vote in Nigeria as one is free to vote only when such is 18 and above. The complementary part of being qualified to be voted for is delayed till a certain age. In the spirit of social justice, this should be properly contextualized. Once you are eligible to vote, you should be eligible to be voted for.

We posit that franchise be protected from a constitutional point of view with a provision that allows the voter to be voted for. The intellect involved in making a choice of vote approves the right of being voted for. Besides, the scourge of HIV/AIDS, natural disasters, conflicts and other exigent situations has contributed an interesting perspective to the whole issue of democratic deepening and franchise. Youth (around age 18) have been forced in several circumstances to assume leadership and control of communities, owing to death or invalidity of seniors. These emergency leader-youths definitely deserve to be protected by law to seek leadership of their constituencies through elections.

3. Poverty eradication as an electoral reform component: The socio-economic environment within which elections are conducted cannot be divorced from the outcome of those elections. In Nigeria, poverty is a known socio-economic challenge plaguing the majority of the population. Poverty compromises the capacity of the electorate to pursue and promote credible, free and fair elections in the country. It is an absolute fact that Nigeria’s electoral demographic is mostly made up of young people. Within the framework of electoral reform, the Nigerian government at all levels must take adequate measures to alleviate poverty which has contributed extensively to compromising the credibility of elections and electoral outcomes in Nigeria. Since poverty affects the capacity of the electorate to promote, uphold and pursue credible elections and the electorate is largely youth, it is instructive to focus on poverty alleviation in a bid to enhance electorates’ capacity to ensure electoral credibility in Nigeria.

4. Affirmative action for increased youth policy participation in government: Given that 68% Nigeria’s population is made up of young people between the ages of 18 & 35 and coupled with the fact that young people deserve increased policy participation, we firmly posit that the Nigerian Constitution should guarantee the youth participations at all levels of  government . The same goes for nomination as Ministers, Ambassadors, Special Assistants and Special Advisers where we recommend that, at least, 10% of these portfolios should be dedicated to young people.

5. Youth Electoral Support (YES) Fund: The Federal government through INEC should be mandated by a constitutional provision to set-up a Youth Electoral Support (YES) Fund. The YES Fund should be statutorily funded through a contribution of 5% of INECs statutory allocation from the Consolidated Revenue Fund at federal level and 5% of Special SIEC Fund at state levels. The YES Fund should serve as a financial resource pool for youth political aspirants to draw from to meet the costs of seeking elective offices in Nigeria. The Constitutional or Electoral Act provision should equally mandate the Political Parties to contribute 5% of their yearly income towards this YES Fund both at state and federal levels

Definition of youth: We submit that the Constitution should include a clause definition of youth. For the purpose of this submission, youth should be defined as anyone between the ages of 18 and 35.

Our Position and Recommendations:

1.       Independent Candidacy: Section 65 (2) (b), S106, S131, and S177 of the 1999 Constitution should be amended to make provision for an individual to run as an independent candidate. One means by which the political space can be opened is to accommodate independent candidature. It is our opinion that qualified persons who do not wish to join any political party for ideological or personal reasons, should have the right to run for elections as independent candidates. This contributes to enhancing the deepening of our democracy.

2.       Independence and Composition of Independent National Electoral Commission – INEC:The building block of any democracy is credible free and fair elections. The electorate must believe in the sanctity of their votes. Needless to say that Nigeria’s elections have always been marred with a lot of irregularities and electoral malpractices. This unappealing situation is attributed to the fact that Electoral Management Bodies have not been independent of the incumbent government. Electoral Management Bodies (EMB) such as INEC are constitutionally required to serve as unbiased umpires. There can’t be free and fair elections if institutions charged with the constitutional authority to organize elections are not impartial and independent. The institutional design and set up will determine whether the Electoral Management Bodies (EMB) will act independently or not during elections. We subscribe to the popular view as recommended by the electoral reform committee that the most proficient approach to secure impartiality and independence of INEC is to remove the INEC from direct executive control. In other words, the power to appoint the electoral commission chairman must be removed from the presidency. The President is adjudged to be the leader of a ruling party, therefore vesting him with powers to appoint the chairman of the commission does not conform to the doctrines of fairness and equity. It is argued that this does not guarantee non – partisanship of the commission and its independence.

3.       Appointment Process: We strongly support the electoral reform committee’s on the   appointment of the Chairman of the electoral commission that the National Judicial Council (Which is the only arm of government that is non-partisan and trained to be impartial) be responsible for receiving applications from the general public, shortlist candidates and forward same to the council of state and to the senate for confirmation.

4.       Composition of INEC Board (Youths must have a slot on the board): The electoral reform committee recommendation and the executive bill failed to include youth representatives on the board of the electoral commission. It amounts to absolute neglect of the youths. The board should be constituted to reflect various interests in the society. Democracy is about numbers. Youths constitute a larger percentage of our population and so cannot be neglected. We have power in our numbers therefore our interest must be reflected on INEC board. In addition to the recommendations already made, we demand that there should be youth representatives on the board of the electoral commission.

5.       The power to appoint the Chairman of INEC should be removed from the Presidency: The position of the Chairman of the Commission should be advertised. The National Judicial Institute shall consider the applications, shortlist candidates and forward same to the council of state and to the senate for confirmation. The commission is among the federal executive bodies established pursuant to Section 153 (1) of the 1999 Constitution. Therefore we propose that Section 153 of the constitution should be amended to remove INEC from direct executive control.

6.       The composition of INEC board should include at least 1 youth representative between the ages of 18 to 35.

7.       Section 155 of the 1999 Constitution should be amended to provide that the tenure of office of the Chairman and members of the board of INEC shall be five years from the date of appointment, renewable only once.

8.       Section 84 of the 1999 Constitution should be amended to give the effect that the recurrent expenditure of INEC shall be a first line charge on a Consolidated Revenue Fund of the Federation. This includes salaries and allowances of the members of the commission.

9.       There is a great need to reform the legal and constitutional framework governing elections in Nigeria. Because, electoral offenders are celebrated, occupy public offices and go ahead with their daily lives without fear of being prosecuted. The Electoral Act 2006 should be reviewed to contain provisions that provide severe punishment for electoral offenders. The law should criminalize most of the electoral malpractices that undermine the credibility of elections.

10.     Language: Language is a veritable tool for communication. There is no gainsaying that the language of the 1999 Constitution is too technical for an average Nigerian to read and understand. The constitution as ground norm of any given society is meant to be understood by every citizen for effective implementation and enforcement of citizens’ rights. We posit that the Committee must take into consideration, the language and terminologies to be employed in drafting a new constitution. The market woman, the petty trader, the cobbler on the street, the security guard, the messenger, the road-side mechanic, undergraduate and the graduate should pick up the constitution, read and understand it.

11.     Party registration: Section 222 of the constitution and the electoral act 2006 should be amended to remove from INEC the power to register and monitor political parties. The powers should be vested in a new body to be known as Political Parties Registration and Regulatory Commission.

12.     Electoral offences: Section 174 (c) of the 1999 Constitution should be amended such that the constitutional power of nolle prosequi vested in the Attorney-General of the Federation or of a state does not apply to electoral offences.

13.     The Electoral Act 2006 should be amended to establish the Electoral Offences Commission. The Commission shall coordinate, enforce and prosecute all electoral offences.

14.     The composition of the Commission shall have members who are of unquestionable character and non-partisan.

15.     There shall be a youth representative on the board and the chairman shall be appointed by the National Judicial Council subject to confirmation by the Senate.

16.     Determination of electoral disputes: Section 285 of 1999 constitution should be amended to specify the period for considering petitions as follows: the determination of cases by tribunals should take four months and appeals should take a further 2 months, a total of 6 months.

17.     Section 149 of the Electoral Act 2006 should be repealed. No elected person should assume office until the case against him/her in the tribunal or court is disposed of.

18.     Sections 132 (2) and 178 (2) of the 1999 Constitution should be amended to appoint a single date for presidential and gubernatorial elections which should be held at least six months before the expiration of the term of the current holders of office. In that way, victories in earlier elections do not influence other elections.

19.     Cross Carpeting: Section 68 (1) (g) 1999 constitution prohibits cross carpeting for members of the Senate and House of Representatives. There exists a lacuna in Sections 135 and S180 1999 Constitution the import of which does not prohibit cross carpeting for the President and Governor. S135 and S180 should be amended to make cross carpeting a ground for removal of office for the President and Governors.

20.     Section 65 (1) (a) should be amended to reduce the age limit to 30 years for Senate. Section 65 (1) (b) and Section 106 (b) should be amended to reduce the age requirement to 25 years for House of Representatives and state houses of assembly.

21.     Section 65 (2) (a), Section 106 (c), S131 (d) and S177 (d) should be substituted by elevating the education qualification to a university certificate or its equivalent.

22.     Proportional Representation: Section 49 of 1999 Constitution should be amended to ensure that 30% of party lists under the proposed proportional representation system are reserved for women, 10% for youth and 5% for physically challenged persons without prejudice to their right to also compete for representation under the First – Past-The-Post-System.

23.     Section 49 and Section 91 of the 1999 Constitution should be amended to make provision for a permanent seat for Youth.

24.     Chapter 2 and Chapter 4 of the 1999 Constitution should be harmonized to make all the rights contained therein justiciable and enforceable. Chapter II of the constitution contains fundamental objectives and directive principles of state policy. This is to the effect that the violation of rights contained under Chapter II cannot give rise to a cause of action.

Conclusion:For us, the fundamental reason for electoral reform is to restore the electoral sovereignty back to the people – the voters reform should therefore be tailored to establish confidence of the masses in electoral processes of the country. Ordinary people like youths suffer the most from votes theft and mandate denial as they are being ‘robbed’ of their rights of selecting whom they want to lead them. It has to be stated here emphatically that the power of vote has to be restored to the people.

The votes must simply count! We think that other stakeholders will be interested to share power between and among them at the expense of the common man. We will be watching to see if the benchmarks to establish proper reforms would be accepted both by this committee and the government at the end of the hearing and the entire review process.

We will be looking forward to see if the youthful sovereignty will be realized through this reform process by having young people placed on the composition of INEC and by fully restoring the youth franchise.

Signed by:

1. Yusha’u Sani Yankuzo

08033477704, 08055558250

yankuzo2000@yahoo.com

2. Rabi’u Umar Maska

07033828272

rabiu.umaska@gmail.com

3. Musa Abdullahi Sufi

08054724860, 07064873753

sufigeog@yahoo.com

Stop Regionalizing Yar'adua's Sickness and the Presidency

It is quite unfortunate that some Nigerians are always ignoring the truth and out of their selfish interest acting and reacting on religious and regional sentiments over the condition of Yar’adua’s health and the status of Jonathan as acting President of Nigeria. As far as I am concerned, at this critical moment, having Christian or Muslim leader should not be an Agenda to Nigeria. What Nigeria is in dire need is a good leader who will move this country forward, even if he doesn’t have a religion at all, not to mention the part of the country where he comes from. I am a Muslim, from Northern Nigeria, who believes in the Holy Qur’an and the Hadeeths (Prophetic Traditions), but I won’t mind having a Christian or even pagan  President coming from any part of this country provided he is physically fit, and will lead and serve my beloved country Nigeria well. Besides, what mechanism is the “so called Shugabannin Arewa” (meaning Northern leaders) putting in place towards the development of Arewa and its people? For instance, what are they contributing towards the promotion of “Education” and reduction of “Poverty” in the region?  Very soon the truth shall be clear to all those acting on regional sentiments. Please, let us believe in “One Nigeria one People”.

Yusha’u Sani Yankuzo

Faculty of Law

Bayero University, Kano

Yankuzo2000@yahoo.com

08033477704

08055558250

Northern Elites Zoning is not an Issue to Nigerians!

The ongoing debate on the desirability and constitutionality or otherwise of the “Zoning System” in Nigeria has become an order of the day in the country’s news. There is a great deal of diverse opinions from several Nigerians on whether “PDP Zoning Arrangement” should continue to be respected or not. However, the question one may ask here is, is “Zoning” in line with the Constitution of the Federal Republic of Nigeria (1999)? Or is “Zoning” one of the principles of true democracy? Anyway, that should be by the way, because as far as I am concerned, the ongoing debate is another means (added to other thousand means) that the present PDP Government is using in diverting the attention of Millions of suffering Nigerians from the unfulfilled and undelivered promises made to them. Let’s take 7-Points Agenda (which I always referred to as “7-Points Hidden Agenda”) as an example. What is currently happening in the power, education and health sectors among others? What achievement did Nigerians witness so far (From 2007 to date)? Are these systems improving or worsening? Then, what are the ways forward? But, instead of PDP Government and other “Pro-Zoning” agitators addressing and asking questions on these critical issues, they are all focusing their attention and wasting their energy on carrying out debates on “Zoning” and campaigns for 2011 Presidential Office, which has little meaning and importance to majority of the Nigerian populace.  

On the other hand, as a Northerner or rather Northern Youth let me discuss “Zoning” and its impact to the Northern Region. It is obvious that some Northern Politicians who are “Pro-Zoning” are now using “Zoning” as a tool in campaigning for 2011 Presidential Office. Some of them have ruled this nation before but it is glaring that they left behind little or no legacy even for the North they are claiming and using. Likewise, when we look at the history of previous leadership Nigeria had from Independence to date (both Military and Civil), we find out that Northern Region produced majority of the leaders the country had. Yet, the Region is still far behind in terms of economic, educational and social development among others compared to its counterpart in the country. Then in this case, what did the Region benefit from this leadership of its own “so called” indigenes?

Therefore, based on the above, I think with the number of non-stop and uninterrupted years Nigeria spent practicing democracy, it is high time for Nigerians to start practicing democracy proper. What our Dear country Nigeria is in dire need is a good leader who will move the country forward, regardless of his/her sex, age, religion, ethnicity or tribe. Hence, with “Zoning” or no “Zoning” Nigerians should start giving priority on the credibility, integrity and capability of any candidate they would vote into political office come 2011 General Election.   

Yusha’u Sani Yankuzo

Faculty of Law,

Bayero University, Kano

yankuzo2000@yahoo.com

08033477704, 08055558250 

Nigeria @ 50: Celebrating a Failed State

In the next few hours, Nigeria will be marking its 50 Years of Independence from Colonial Rule. As such, a huge amount of money (which could be otherwise utilized to address some of its critical problems) has been budgeted under the guise of celebrating the fiesta, which has already commenced. But, if I may ask, what are Nigerians celebrating? Are we celebrating abject poverty, hunger, deprivation, deadly diseases, total darkness, corruption, total insecurity, high level of illiteracy, high rate of unemployment, gross human rights abuse, high profile killings, jungle justice, electoral malpractices, kidnapping etc or what?

While I am of the strong opinion that now that Nigeria is celebrating its 50 Years of Independence from colonial rule (of the Colonial Masters), Nigerians should also mourn 50 years of mysterious dictatorship and misrule of our Indigenous Rulers.

Yusha’u Sani Yankuzo

Faculty of Law,

Bayero University, Kano

yankuzo2000@yahoo.com

08033477704, 08055558250 

Jungle Justice under Islamic Law

Jungle Justice under Islamic Law

Jungle justice has been repeatedly happening day in day out in many Muslim communities in Nigeria. In fact, the act has become popular not only among Muslim communities but in the Nigerian society in general. Only a few months ago, to be precise, on March 15, 2010, a taxi driver called Umaru Mohammed alias Marau-Marau was mercilessly killed and burnt to ashes in Kano by some youths, majority of whom were identified as commercial motorcycle operators, on the allegation that the deceased had kidnapped three school children.

But a comprehensive police investigation report revealed that the deceased, (a gentle and easy going taxi driver during his life-time) was not a kidnapper but only had a traffic disagreement with some motorcyclists at a junction along BUK Road, and the motorcyclists got annoyed with his action and chased him. When he was forced to stop at Kofar Na’isa by the motorcyclists, he alighted from his cab and started fighting them back. Noticing that the motorcyclists were trying to overpower him, he rushed into his car and zoomed off again. Unrelenting, the motorcyclists kept chasing him and started yelling that he was a kidnapper. When they yelled at him he panicked and increased speed in search of safety. The motorcyclists chased him further until he reached the residence of the owner of the taxi located at Gadon Kaya Area. On reaching there, he rushed into the house and hide. But the motorcyclists mobilized other youths in the area telling them that Marau-Marau was a kidnapper. The youths immediately went into action and despite the deceased’s pleas, they brought him out from the house and started hitting him with sticks, iron rods and heavy stones until he died. When he died, they drenched his car and his body with petrol and set them ablaze.

The Position of Islam in Respect of the Above Case:

(1)  On the Effect of Rumors in Terms of Punishment in Islam: Islam condemns rumour mongering and punishes rumour mongering in like manner. See Chapter 49 Verse 6-12 of the Holy Qur’an, where Allah (SWT) says:

“O ye who believe! If a wicked person comes to you with any news, ascertain the truth, lets ye harm people unwittingly, and afterwards becomes full of repentance for what ye have done…”

       

Allah (S.W.T.) warns Muslims in the above verse that if anybody comes to you with any critical news/information that may cause loss of life and property or destruction of human beings, then try to scrutinize this news, so that you may not afflict a community or somebody with injuries, and you end up regretting what you have done, because you acted upon rumours. Therefore, rumour mongering is totally illegal and unlawful in Islam 

(2)  On Who can Impose Punishment under Islamic Law: According to Islamic Law, if a Muslim commits a criminal offence (that may render him to be killed) and another common Muslim meets him; apprehend him and kills him, then he too should be killed. But minority scholars hold a contrary view and insist that he should be given a severe punishment that will become lesson for others not to do what he did, because he did what is not his duty to do.

The Islamic Law Court is the one that has a right to punish any offender who commits any offence, not for an individual or a community to take the law into their hands. If Islam opens a door for every body to go and punish whoever commits an offence, people may go about spreading rumours; they may go about punishing each other under the guise of Islam, whereas the conflicts between them might be a resource based, economic or political problems. That is why even during the lifetime of the Holy Prophet (SAW) it is only in his hand that somebody can be killed, because, He (the Prophet) is the Chief Judge. Therefore, no one can go and kill another without command or an order from an Islamic judge.

Only the Islamic Law Court that has the resources, personnel and structure to determine whether a person alleged to have committed any offence had actually committed that offence. Only the Courts has the abilities and means to make these confirmations because of their specialist training in the field. But for an individual, no matter how versed in Islam, no matter how knowledgeable in the Qur’an and Hadith, he is not permitted to take the law into his hands. The law is for the court, only, to handle.

(3)  On Whether Islam Recognizes Right to Fair Hearing: Islam recognizes Right to Fair Hearing and Justice more than any other religion in the word. Thus, the Glorious Book in Chapter 4 Verse 58 Allah cautions all Muslim, especially those in position of authority, thus:

“Allah commands you to make over the trusts to those who are worthy, and when you judge between people, you judge with justice and fairness; surely Allah admonishes you with what is excellent. Allah is seeing, hearing.”

       

        Also narrated Ali Ibn Abi Thalib (RA), the messenger of Allah (PBUH) said:

“When two men bring a case before you, do not decide in favour of the first, till you hear what the other has to say, then you will know how to judge”. Reported by Ahmad, Abu Da ’ud and At- Thirmidhi. See Bulugh Al-Maram, Chapter 14, Hadith 1193.

       

Therefore, no matter what offence a Muslim is alleged to have committed, he is entitle to Fair Hearing (to defend himself) not just to be punished quickly merely on the allegation made against him. Because, even Satan (the accused) was given the chance to defend himself (Qur’an 38:71-76)      

  

(4)  On Whether Islam Allows for Jungle Justice: Islam does not allow for jungle justice, because it will lead to killing innocent lives and destruction of the properties of innocent persons. Islam does not allow people to do what they like and take laws into their hands. See Qur’an 4:49, 4:65, 6:57, 12:40 & 43:10.

The previous Qur’anic Verses and many more, are but guidelines on the position of Islam against Jungle Justice. Details are in Fiqhu books. Books like: Fiqhus-sunnah, Subulussalam, Naylul Awtaar, Mukh’tasar Alkhaleel, Thamarud-daany and in short every Fiqhu book, irrespective of the school of law, carries these details, under a chapter called “Hudud”.  

Yusha’u Sani Yankuzo

LLB II,

Faculty of Law,

Bayero University, Kano

yankuzo2000@yahoo.com

08033477704, 08055558250