Muslim Lawyers to Seek the ‘Justiciability’ of Chapter II of the Constitution

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The Muslim Lawyers Association of Nigeria (MULAN) have expressed its resolve to partner with any organisations willing, ready and focused on working towards the legalization of the Fundamental Objectives and Directive Principles of State Policy as contained in the 1999 constitution noting that its non-justiciability is counter-productive.

MULAN made this assertion in a communique issues by the Association at the conclusion of its 11th Annual National Conference Held between 5th and 8th of July 2018 at the Coronation Hall, Government House Kano.

The Conference which was declared opened by the Executive Governor of Kano State ably represented by the Attorney General of Kano State, Ibrahim Mukhtar, had Hon. Justice Ibrahim Tanko of the Supreme Court delivered the keynote address on the theme of the conference: “National Security, Human Rights and Developmental Challenges in the 21st Century Nigeria.”

The 11th AGM being a baton changing conference for the leadership of the Association called on Muslim Lawyers to rise up to the challenge of ensuring peaceful co-existence of all Nigerians and obedience to the rule of law. Thought provoking and incisive papers where delivered by scholars on thematic issues, generating discussions and thoughts on moving Nigeria forward.

To this end the association resolved to team up with other organisations willing, ready and focused on working towards the legalization of the Fundamental Objectives and Directive Principles of State Policy as contained in the 1999 constitution.

MULAN in the Communique observed that

  1. killings of innocent citizens all over Nigeria, has become alarming, making more urgent the need by the Federal Government to invest more resources in curbing the wastage of innocent lives and bring the persons and organisations fuelling, supporting and funding these crises, to book.
  2. The increase in tempo of the federal government social intervention programmes, the provision of interest-free loans to SMEs, the oversubscription of the Sukuk bond and actual disbursement of Sukuk funds to finance infrastructural development in the country is a testimony of the growing confidence reposed in and inherent in Islamic finance.
  3. There is the need for government to eradicate poverty, promote sustainable development, integrate Africa into the world economy and accelerate empowerment of women, uphold human rights and provide effective conflict resolution, without these the nation will not be conducive for investment and growth.
  4. Good governance is about the advancement of humanity which we all share as Nigerians, the need for Nigerians to jettison primordial sentiments and focus on the quest of working together to move the nation forward remains fundamental.
  5. The Association notes that the basic, fundamental principles and policies which can guarantee safety, promote unity and accelerate the development of Nigeria as a nation has been made non justiciable. If the nation is to fast-track its progress and development a lot more effort must be put into the justiciability of the provisions of Chapter 2 of the 1999 constitution.
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Following the above observation, the Association recommended as follows:

  1. MULAN calls on the Government at all levels, to do all that is necessary to make life easier for Nigerians and to improve and develop the Economy. The federal government must take bold steps to curb the crises and killings all over the country.
  1. The issue of non-justiciability of Chapter 2 of the Constitution of the Federal Republic of Nigeria, 1999 as amended is counterproductive. The Judiciary must engage in judicial activism in their interpretation of the provision of this Chapter with a view to giving life to the intendment of the drafters of this part of the Constitution which is the provision, among others, of basic social amenities for the citizenry. Waiting for the National Assembly to amend the Constitution to make Chapter 2 justiciable is an exercise in futility.
  2. Human life is and remains sacred. All Nigerians must take the collective responsibility to eschew ethno-religious sentiments and work together towards a prosperous nation.
  1. Muslim Lawyers are implored to imbibe and exhibit the principles of integrity, accountability and Justice in moving the Nigerian Bar Association (NBA), MULAN and the Nation forward.
  1. Nigerian as a nation needs a centralised digital information system if we are to effectively counter cybercrime, kidnappings, killings and other criminal activities currently bedeviling the country. There is the need for digital cyber crime database.
  1. The Government should call all religious organisations in Nigeria against hate speech. Any religious leaders that instigate its followers should be made to face the law.
  1. There is the need for the e-registration of cyber cafes in the country. This will serve as an electronic cyber backbone for monitoring traffic. The legal profession needs to be e-literate, there is the need for a continuous learning and reform to take advantage of electronic technology.
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MULAN also selected new executives during the conference. They are:

  1. F. A. R. Adeleke – President
  2. Mohammed Ahmad Lamin – 1st Vice Pres.
  3. Kasim O. Odedeji – 2nd Vice Pres.
  4. Ismaila Alasa Momodu-Gen. Sec
  5. Bala Ibrahim Danja – 1st Asst. Sec.
  6. Mustapha Haruna – 2nd Asst. Sec.
  7. Adeleke Mohammed Akeem- Treasurer
  8. Mohammed Isa – Fins Sec.
  9. Musa Adam – Asst. Fin Sec.
  10. Abu Alhassan – PRO
  11. Bilyamin – Auditor.

Among the dignitaries that graced the conference were: Justice N. S. Umar the Ag. Chief Judge of Kano, Hon. Justice Abdullahi Waiya, the Grand Kadi of Kano State and the Mutawallin Kano who represented the Royal Father of the day, His Highness Muhammadu Sanusi II, Emir of Kano.

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