Tag: Shiites

The clash between members of the Islamic Movement of Nigeria (IMN), otherwise known as Shiites, and security forces in Abuja earlier in the week, leading to loss of lives and destruction of properties further blight our democracy. Across the democratic world, the right to a peaceful assembly and protest are fundamental ethos of democracy, and the 1999 constitution (as amended) fully provides for these rights, of course, as long as it is peaceful.

Section 40 provides: “every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.” By this provision the gathering of members of IMN is constitutional, same with their desire “to manifest and propagate his (their) religion or belief in worship, teaching, practice and observance,” which is guaranteed by section 38.

The reason for their gathering, to press the Federal Government to release their incarcerated leader, Sheik Ibrahim El-Zakzaky, is also legitimate. On this page, we have joined our voice to demand for the release of El-Zakzaky, after the court granted him bail. We restate that the continued detention of the Shiite leader is a violent abuse of the fundamental rights of the detainee under the extant laws of our country, particularly the provisions of sections 34, 35 and 36 of the constitution.

But having said that, El-Zakzaky should be released without further delay; his followers are entitled to protest his continued unlawful incarceration. We are worried that by the way members of Shiites (IMN) carry out their protests, they fall into the narrative of the Sunni Moslems that they are lawless. While fundamentalism per say is not unlawful, a practice of it that leads to violence and which fails to recognise the secular laws of the country is unlawful.

Perhaps because the Shiites are historically associated with Iran and parts of Iraq which are viewed by dominant western media as violent, and considering that amongst Muslims in Nigeria, their sect is ultra-minority, they are treated with disdain. Perhaps those historical exigencies put them perpetually in conflict with the dominant Sunni sect in Nigeria, and as such they are primarily targeted, we don’t know. But whatever may be the underlining challenges, we urge the Federal Government to deal with the sect dispassionately in accordance with the law.

To that extent, the Federal Government should release the Shiite leader as ordered by the court, unless it is able to secure a legitimate order of a superior court to continue the detention. As a democratic government premised on the rule of law, the government cannot give itself out as one that does not obey the laws of the land. The provision of section 6(6)(b) of the constitution which gives the law court the preeminent position to determine “any question as to the civil rights and obligations” of citizens in any dispute with the government is sacrosanct to the practice of rule of law.

So, of what value is the continued detention of El-Zakzaky to the security of Nigeria? Is the unlawful detention not giving his members a genuine excuse to further compound the dire insecurity across the country? According to the police, the members turned violent and were attacking passersby and smashing vehicles. We condemn that, despite the unlawful detention of their leader and the effort by the security agencies to prevent them from protesting.

While fundamental rights must be exercised lawfully, those exercising governmental powers must observe the rule of law. That is the balance that sustains democracy.