Is Kano Regressing to the 14th Century?

Alleged KSHA Bill to Prohibit Women Drivers

The ethnic and religious divisions, secessionist agitations, calls for restructuring and devolution of powers has reached a crescendo; this is coupled with unprecedented insecurity we are experiencing, economic chaos and religious bitterness – the situation in the country is absolutely discouraging, to say the least. So, when last week, a message trended on social media, claiming that the Kano State House of Assembly (KSHA) (with the approval of the Kano State Government and the Kano State Sharia Commission) was drafting a Bill to prohibit women in Kano State from driving, because according to the report, “allowing women driving in the State represents the darkest moments in our lives as Muslims”, I wondered how anyone, in 2021, unless they belong to the dark ages, could come up with such a regressive thought or Bill. Tah! Already, in Africa, Nigeria has an extremely high rate of female gender marginalisation, with only 4.47% female Legislators (Federal – 21 out of 469) according to PLAC, as opposed to Rwanda’s 49.85% and South Africa’s 42.04% female representation in Parliament. And, instead of implementing affirmative action to change this negative narrative, some people stand accused of trying to drag us back to the Classical era of Confucianism in China, where the role of a woman didn’t extend beyond taking care of her family and her household, and submitting to the male folk.

A Bad Idea

Like many, I, of course, hoped that it was fake news. And, thankfully, the Kano State Government has debunked the claim, dismissing it as false. Or could it be that the KSHA actually contemplated such a law, but aborted the plan when they felt the pulse of the people and saw that it didn’t go down well with them? Who knows? I rightfully rejected the idea on several levels. For one, even Saudi Arabia, the home of the religion of Islam who it was claimed that the KSHA was fashioning their new Bill upon, lifted the ban on female drivers in 2018!

We have a saying in Yoruba that goes something like this: “È ni ti afè sun jè, to fi epo para” – “a person that we want to roast and eat, who rubbed palm on his body”! The palm oil is the accelerant, which will make the roasting even faster. Let me explain – for example, a person whose employer is looking for an excuse to sack him, is then caught embezzling his employer’s funds. The embezzlement will be the accelerant to a definite sack – there will be no more need to look for an excuse. This is exactly the case of Nigeria, and many of those in positions of power, who are hell bent on escalating the mounting pressure in Nigeria, and destroying our dear country totally – not only are they rubbing the accelerant on themselves, they are spreading it all over the country. Nigeria seems closer to the brink than it has ever been since the 1967 Civil War; sometimes, it seems that just a little accelerant will let it go up in flames (I pray not); and yet, the KSHA was alleged to have been coming up with a Bill that would clearly make a bad situation worse, divide the Nigerians even more, and further fuel the cries for secession on religious grounds, adding to the separatist cries on ethnic grounds.

Unconstitutionality

The Bill would have been plainly unconstitutional. But, it comes as no surprise that some myopic people would think of hatching such a plot, because when you mar the Legislature (both Federal and State) with people who either have little or no qualifications, and/or who neither understand their role as law makers or law making itself, and how crucial it is for the peace and order of a good society, this is what you get. See Section 4(2) & (7) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) which mandates inter alia that, the Legislature ‘shall’ (not may) make laws for the peace, order and good government of the Federation and States, respectively. See the case of Ugwu v Ararume 2007 12 N.W.L.R. Part 1048 Page 367 at 441-442 per Tobi JSC on the use of the word ‘shall’ in a statutory provision, meaning that something must be done, that is, it is mandatory.

The KSHA, on the contrary, allegedly wakes up and decides to promulgate a law that will not only cause disorderliness in Kano, but will infringe on the fundamental rights of Muslim women in Kano, and women in Kano State in general. I submit that such a retrogressive law to ban women from driving in Kano would have been a bad law, ultra vires the KSHA, and also unconstitutional.

Section 10 of the Constitution is quite clear – “The Government of the Federation or of a State shall not adopt any religion as State Religion”. It is bad enough that the Northern States have contravened this provision and adopted Sharia Law, even to the extent of unlawfully granting the Sharia courts criminal jurisdiction which the Constitution certainly does not bestow on them – See Sections 262 and 277 of the Constitution which only endows the Sharia courts with civil jurisdiction on Islamic Personal Law, with a caveat that all parties to the proceedings must be Muslims who have requested that their matter be heard in accordance with Islamic Personal Law.

From the foregoing provisions, it is clear that being a Muslim is a prerequisite for individuals to be subject to Islamic Personal Law; however, it is not enough – Muslims must give their consent to be subject to Sharia law. And yet, a State Legislature would imagine that it is proper for them to enact a law based on religion, binding people that do not even belong to that religion? To tell the truth (and let the devil be ashamed), it was a pleasant surprise that Kano State Government denied the allegation – I doubt that anyone would have been particularly shocked, if KSHA had actually attempted to enact such a law. If their Sharia Court which does not have criminal jurisdiction can sentence Musician, Yahaya Sharif Aminu to death for blasphemy (contrary to Quran 33:49 and 4:141 which enjoin Muslims to ignore blasphemers, not kill them), what’s a little matter of banning women from driving? See the cases of AGF v Abubakar 2007 8 N.W.L.R. Part 1035 Page 199 at 290 and Madukuolu v Nkemdilim 1962 2 S.C.L.N.R. 341.

Section 42(1)(a) of the Constitution prohibits citizens of a particular community being subject to disabilities that those in other communities are not subject to, whether by virtue of the practical application of any law in force or any executive or administrative action of Government. It would therefore, be discrimination to prohibit women in Kano from driving based on their sex (and religion – a ‘double whammy’!), while women in other parts of the country, and indeed, men are allowed to drive. It is trite that in Nigeria, whether male or female, as long as one has attained the age of 18 which is the minimum driving age, an individual can go through the approved process to obtain a Driving licence, and any such individual, once the conditions have been fulfilled, will then be eligible to drive.

Conclusion

I conclude by saying that, it is obvious that the separatist agitation can be direct like the activities of Nnamdi Kanu/IPOB and Sunday Igboho, and also indirect, like the call for restructuring or imposition of Sharia law in States inhabited by people of different religions, and coming up with religious rules that seek to bind those who do not belong to that religion. Is it not a subtle way of saying, we are going to do it our way, irrespective of whether it’s a breach of your fundamental rights, or its fair to you or not; and if you can’t abide with our religious rules, leave our State? Just like 18 is the minimum driving age for all in Nigeria, I believe it is the age at which an individual is legally permitted to consume alcohol beverages (whatever the religion). With the adoption of Sharia Law in the Northern States, some Christian Southerners who had lived up North for the better part of their lives, were constrained to relocate back to the South.

Last week, I asked Government to look into some of the causes of the secessionist agitations and address them. I dare say that religion is one of them; and the sooner the Federal Government goes back to strict compliance with Section 10 of the Constitution and keeps religion in the Church, Mosque and homes where they belong, the better things will be for Nigeria and Nigerians. Interestingly, the same people who seek to display these fake appearances of holiness, are the most hypocritical (‘Munafuki’) and corrupt.

Lawlessness by those in positions of authority and their institutions or agencies, is another cause for concern. Someone sent me a news report stating that one Adamu Yusuf was sentenced to one year imprisonment or a fine of N20,000 by a Sharia Court in Kano, for committing the offence of ‘wandering’. The conviction is unconstitutional, null and void ab initio. Apart from the fact that the Sharia Court lacks criminal jurisdiction, wandering was abolished as an offence as far back as 1989. By virtue of Section 36(12) of the Constitution, no person shall be convicted of an offence unknown to law. Wandering is unknown to law, how then, could Mr Yusuf be convicted for it?

Government needs to lead by example – they themselves need to convince the citizens that they want ‘One Nigeria’. As we say in law, ‘he who alleges, must prove’. Does having the heads of the majority of the security agencies hail from only one part of the divide for example, portray inclusion and ‘One Nigeria? I think not. There should be equitable distribution of power to the best candidates, selected from the various parts of the country. It is therefore, the height of ‘Munafuki’ to expect the people to want ‘One Nigeria’, when it is little more than empty talk/a theoretical concept to the Federal Government, that seems to only be paying lip service to the idea!

Dear Editor

Re: Kanu, Igboho and Unresolved Issues

Dear Editor,

I appreciate your capability and capacity for research. You are truly working hard. Well done, Editor. Dictatorship and injustice do not last forever.

SAN,
Abuja

Dear Editor,

I concur with your conclusion on this issue. Are you trying to teach me Law in my old age? I will soon graduate in law studies from Onikepo Braithwaite University! Right?

Mrs O,
Lagos

Dear Editor,

I do enjoy your writings. Sharp, crispy, pungently power packed, intelligent and reader friendly. Best wishes Editor.

Prof,
Osun State

Dear Editor,

A very detailed and informative presentation.

SAN,
Lagos

Dear Editor,

Need I pay tuition on this refresher lecture on International Law?

Very audacious.

SAN,
Abuja

Dear Editor,

Another well-written and balanced article, well done. Love your final sentence “I firmly believe that it is not too late for Government to right some of these wrongs, and douse the mounting tension in the country. I urge them to.”
I pray the Government will hear/listen. Amen.

Y.A.,
London, UK

Dear Editor,

A succinct and well delivered article. True word – we urge the Government to right the many wrongs.

F.A.,
Lagos

Dear Editor,

I thank you for examining these two cases, and the analysis applied vis-a-vis the rule of law and reciprocity. For now, we only have one side to the story regarding the circumstances of their arrests. More importantly, I agree totally that there are underlying issues which are festering and need to be addressed, applying justice, equity and fairness. Suppression is not a solution! Well done.

Y.F.,
Lagos

Dear Editor,

A well written, lucid and articulate delivery as usual. Well done.

D.A.,
Mali

Dear Editor,

A very interesting read, with very valid points and questions.

G.E.O.,
Lagos

Dear Editor,

Re: Amnesty, Criminality and Rule of Law

Salam Alaikum. An Absolutely brilliant article. Now that some leading Igbo intelligentsia like Soludo and Chimamanda Adichie are subtly calling for Kanu’s release like lizards emerging from wall cracks, where were they when he was inciting murder and arson? I pray they were not aiding and abetting these very serious crimes. As Samuel Johnson said, “patriotism is the last refuge of the scoundrel”. Oh, of course, l totally agree that the bandits in the North should be “wiped out”!

Dr A.A.R.,
Lagos