FULL TEXT ORDER DECLARING THE ISLAMIC MOVEMENT IN NIGERIA AN UNLAWFUL SOCIETY.
KDS.L.N No ……. 2016
ISLAMIC MOVEMENT IN NIGERIA (UNLAWFUL SOCIETY)
1. Sections 38 and 40 of the 1999 Constitution of the Federal Republic of Nigeria, have guaranteed the right to freedom of thought, conscience and religion and also the right to the freedom of association and peaceful assembly to all citizens respectively.
2. Section 45 (1) of the said Constitution however categorically vests in the Governor, powers to take such measures and actions as are necessary for the promotion and protection of:
i. public safety, public order, public morality or public health; or
ii. the rights and freedom of all persons in Kaduna State.
3. The Judicial Commission of Inquiry into the clashes between the group with the appellation ‘’Islamic Movement in Nigeria’’ (IMN) and the Nigerian Army in Zaria between Saturday 12th and Monday 14th December 2015, found as facts inter alia that:
i. The Islamic Movement in Nigeria is an unregistered society and recommended that immediate steps be taken by the Kaduna State Government to proscribe it.
ii. The members of the movement have over the years engaged in acts of aggression and violence against individuals and communities resulting in clashes with security agencies which culminated in the recent deaths of at least 347 persons.
iii. The Movement has constituted itself into a parallel government with a uniformed paramilitary wing in complete disregard to the Constitution and Laws of Nigeria.
4. The Movement has overtly continued with unlawful processions, obstruction of public highways, unauthorized occupation of public facilities including schools without regard to the rights of other citizens and the public peace and order of the State.
5. These acts, if allowed to go unchecked will constitute danger to the peace, tranquility, harmonious coexistence and good governance of Kaduna State.
5. After due consultation with the members of the State Executive Council, and having exhaustively deliberated and reviewed the activities of the movement, I Nasir Ahmad el-Rufa’i, OFR, Governor of Kaduna State, in the exercise of the powers conferred on me by Section 97A of the Penal Code Law, CAP 110 Laws of Kaduna State 1991, Section 5(2) of the 1999 Constitution of the Federal Republic of Nigeria and all other laws enabling me in that behalf, hereby make the following Order:-
6. (1) This Order shall be cited as the Islamic Movement in Nigeria (Unlawful Society) Declaration Order, No…………………….. Of 2016.
(2) This Order shall come into operation on the 7th day of October, 2016.
(3) From the date of the commencement of this Order, the Society that bears the name, style, guise or nomenclature of the “Islamic Movement in Nigeria”, is hereby declared an Unlawful Society in Kaduna State.
(4) 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.
Dated at Kaduna this 7th Day of October 2016
Nasir Ahmad el-Rufai, OFR