By; Sani Aliyu, Zaria.
The Jama’atu Izalatil Bid’ah Wa Iqamatis Sunnah (JIBWIS) Kaduna State branch has emphasized the need for Kaduna State House of Assembly to exercise its law making powers within the constitutional limits.
This was contain in a memorandum submitted to the Kaduna State House of Assembly on a bill for law to substitute the state religious preaching law 1984 which was signed by Dr. Nuhu Tahir Tajuddeen, state Chairman and Muhammad Gimba Alfa State Secretary and made available to New Nigerian in Zaria on Thursday.
The organization said as people’s representatives, the lawmakers should continue to make laws for peace, order and good governance of Kaduna state as constitutionally required under section 4(7) of the 1999 constitution (as Amended).
According to the paper, to tackle and allay the fear of the state Governor on the Gausiyya and similar misguided sects as possible offshoot of Boko Haram or Maitatsine, the Council of Ulama on the basis of the Holy Qur’an and the sunnah of Prophet Muhammad (SAW) said it can handle such issues appropriately.
“While we register our organisation’s sincere appreciation for this opportunity to contribute in the lawmaking process, we also wish to appeal for consideration of this addendum”.
“The bill is truly incongruous with the provision and may therefore, lacks validity for enforcement even if it is passed into law by the state Assembly and assent to by the state Governor”.
The organisation arguments is ably supported by section 1(3) of same constitution which provides thus: “If any law is inconsistent with the provision of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void”.
The memo submitted on 26th February, 2016, has stated that clause 5, sub – clause (1)-(3)of the proposed bill empowers religious bodies established under clause 4(a) and (b) of same bill to issue preaching license subject to approval of ministerial committee.
This clause appears to be inconsistent with section 38 of the 1999 constitution (as Amended) which grants right to freedom of thought, conscience and religion.