Shari'ah Implementation in Kano State Under the Leadership of Mallam Ibrahim Shekarau

By

Ibrahim Ado-Kurawa

majekarofi@yahoo.com

* This is a chapter from a book titled: Shari’ah Implementation in Nigeria

Kano State is the most populous state in Northern Nigeria . When the state under the leadership of Governor Rabiu Musa Kwankwaso of the Peoples Democratic Party (PDP) was forced by popular demand to follow the Zamfara State example of reforming the legal system to incorporate certain aspects of Shari’ah Criminal Law as interpreted by the Maliki School of Islamic Law there was widespread apprehension by those who do not support the Shari’ah. Some sections of the society were satisfied with the formal introduction of the reforms of the legal system even though there were no structures and the will to implement the reforms. The relationship between the government and the larger segment of the society deteriorated, especially with the fact that many workers were denied their benefits. Mallam Ibrahim Shekarau who was a permanent secretary in the state civil service was victimized by the administration of Governor Rabiu Musa Kwankwaso for attending Islamic activities that have relations with the agitation for Shari’ah. He eventually retired from the civil service after his demotion from a permanent secretary to a schoolteacher. He joined the private sector before plunging into partisan politics. The agitation for proper implementation of the Shari’ah grew as time went on. The government became very unpopular and it lost the April 19, 2003 elections. Mallam Ibrahim Shekarau who has been closely associated with Islamic and general civil society activities won the election under the banner of the All Nigeria Peoples Party (ANPP), which became popular as a result of the entry of General Muhammadu Buhari into partisan politics.

In his inaugural speech Mallam Ibrahim Shekarau stated that:

One of the major tasks ahead of this Government therefore, is to satisfy the yearning of the people of Kano , to truly run their affairs on the basis of Shari’ah. We shall prove to the whole world that Shari’ah is the most suitable legal system for mankind, and it goes beyond caning or amputation of arms. I assure the people of Kano that all Governmental issues and affairs will be treated on the dictates of Allah (SWT) and the teachings of His Prophet Muhammad  (SAW).  Reward and punishment within this Government will be based on the dictates of Shari’ah.

This chapter will explore the gains and challenges of Shari’ah implementation in Kano State under the leadership of Mallam Ibrahim Shekarau. It is broadly divided into social obligations, institutional reforms and challenges. The section on fulfillment of social obligations includes the efforts made by Mallam Ibrahim Shekarau’s administration in comparison to the federal government that has been engaged in retrenchment of workers without meaningful success in its anti-corruption program. While the section on institutional reforms includes the progress made in establishing institutions that will ensure smooth implementation of the Shari’ah. 

CONTENTS

Social Obligations. 2

Institutional Reforms. 11

The Judiciary. 12

Newly Established Shari’ah Implementation Bodies. 13

The Bureaucracy. 14

Islamic Educational System.. 15

The Challenges. 16

Social Obligations

Governments are expected to be both transparent and accountable. Transparency means openness and following due process in governance. While accountability means government must be answerable to the people with structures that guarantee rule of law, in this case the judiciary and legislative arms must be effective and there must be regular elections. In other words to earn the description of accountable a government must be democratic and a dictatorship is not an accountable government. Sometimes a government could show some elements of superficial transparency even though it is not accountable especially in dictatorships such as Angola [1] and semi-dictatorship such as the Federal Government of Nigeria. The governments of both countries depend on oil revenue that is centrally shared and not domestic taxation. This has allowed blatant mismanagement of public treasury. In Nigeria attempt to boost revenue by raising domestic price of petroleum product has been resisted by the Nigeria Labor Congress, which is aware that revenue from that form of taxation will not be used for public interest. Had it been most of the revenue of the state in Nigeria is from direct taxation, people would have resisted and called for accountability. There is now superficial accountability by the Federal Government by publishing the amount of funds released to the states. There is even a supposed misunderstanding between some states and the Federal Government. Mrs Nenandi Usman the Honorable Minister of State for Finance was reported to have said:

The states have been a source of worry for us lately, not just at the ministerial level, but also at the federal level as a whole. If we look at the way the money is shared by the Federation Accounts Allocation meeting, the federal government gets about 48 per cent. If you compare that with 52 per cent, which states and local governments get, then you’ll agree with me that whatever policies and measures we put in place at the federal government level to make our way straight, pursue transparency and accountability, if the states and local governments do not care for our measures it means we have failed….But if you look at the states that get so much, you can hardly see anything to show for it[2].

These allegations coming from a minister of the federation are quite serious. But how accountable and transparent has the federal government been? The story of the Auditor General of the Federation who blew the whistle is still fresh in our minds. Transparency International and other bodies elevated Nigeria to the second most corrupt country in the world. And above all their report did not exonerate the federal government instead it stated that there is more corruption in the presidency than in any other arm of the government. Under Abacha’s regime Nigeria was the 27^th most corrupt country. Imagine the shift. Some senior officials of the federal administration have committed corrupt practices and gone free hence Sam Nda-Isaiah called on the Commonwealth leaders to invoke the name of one of them whenever the President talks about his anti-corruption charade “and watch how he reacts”[3]. Nigeria will remain in the list of the most corrupt countries because for example the British government handed over some amount of money seized from a Nigerian to the government on the condition that the money would be handed over to Economic and Financial Crimes Commission but the money was not handed over[4]. Several hundreds of billions of naira have also been missing from the NNPC[5]. It is also surprising that the honorable minister is claiming that there is nothing to show in the states to justify the amount of money allocated to the states and that some state governors are transferring money outside Nigeria but what about the allegations against the Federal Government? Why can’t the federal government cleanse itself?

There is hardly anything to show of federal projects in most states including Kano , which was a PDP state for four years. For example, the Federal Government through out the four years did not give Mallam Aminu Kano Teaching Hospital up to one million naira for capital projects out of the five hundred million budgeted while it gave two billion naira to a similar hospital in the South West. Above all, the federal government has been engaged in frivolous projects that have consumed money and it has been condemned by international agencies for that form of corruption. Every international financial organization has condemned the corrupt manner in which the Abuja Stadium was built at the cost of N100 billion when it could have been built at N19 billion. The amount spent on that Stadium was more than the entire amount spent on the PTF (Petroleum Trust Fund) Nigeria ’s most successful public project. It is also more than the amount spent on capital projects in the universities in the entire five years of the present federal administration. The President is more concerned for his personal comfort while traveling than the welfare of a large proportion of Nigerians despite the fact that his foreign trips have yielded only 30,000 jobs for Nigerians[6]. He demanded for ten billion naira for the Presidential jet. One newsmagazine combined the corruption involved in the aircraft deals and others which showed that what the states are doing is nothing compared to the Presidency and the federal government generally. The News reported that:

Although the President's recalcitrance on his profligacy is legendary, he may have capitulated on the jet bid, if temporarily, according to reports last week. Last year, Obasanjo wasted over N60 billion on the All-Africa Games, which Nigeria hosted in October. Government also spent over N5 billion hosting the Commonwealth meeting even as the living standard of Nigerians deteriorated. But the uproar over the request for funds to buy a new presidential jet has become so worrisome appears to have jolted the President's confidence. An Aso Rock source said the President was embarassed by the scandal as the messy details over the BBJ-1 became public knowledge[7].

Also Colonel Abubakar Umar a former friend of the President who is described as a nationalist by the South Western press observed the level of corruption at the Federal level:

"There is therefore very little evidence of how a total revenue of about N3.5 trillion has been spent in the first term. There is however ample evidence to show that most of it has found its way out of the economy. Otherwise, how can one explain the deplorable and worsening state of our infrastructure inspite of the colossal sums released for its rehabilitation? Over N300 billion was supposedly spent on road maintenance yet there is not a single road that has been rehabilitated, including the one leading to Ota. Over 2 billion US dollars has been spent on NEPA yet power outages have worsened nationwide except perhaps in Abuja [8].

The Federal Government has not shown compassion to workers and other Nigerians by failing to tackle corruption and putting the blame for financial crunch on the large number of workers in the federal service hence it has shown unwavering commitment to reducing the size of the federal workforce. For example it has shown determination to sack 10000 drivers whose combined cost is below the amount spent on a presidential adviser. It has been reported that there is an imminent purge in the Federal Civil Service hence one commentator observed that:

Attempts by the Federal Government to drastically reduce the staff strength of its workers have expectedly, drawn condemnation from the Nigeria Labour Congress (NLC). The Federal Government, following a directive from President Olusegun Obasanjo, has started compiling the lists of personnel to be affected by the purge, using old age, declining productivity, indiscipline and lack of requisite qualifications as criteria. The Nigerian National Petroleum Corporation (NNPC) has begun the exercise with the sacking of about 1,388 of its 14,000 workers.

According to reports, the corporation is to downsize by shedding about 4,212 workers. A massive purge is also reportedly being contemplated by the Nigerian Ports Authority which, according to reports might have to sack 8,000 of its 12,000 workforce. Indeed, if reports are anything to go by, about 107, 265 of the workers in the Federal Government's ministries and parastatals will be rendered jobless, by the time the exercise is completed.

Without doubt, this news is depressing, especially in a country with a contrasting economy like ours, and one in which the government is the largest employer of labour. The mass purge, coming at this point in time will further swell the ranks of unemployed Nigerians which even now is at near breaking point. The problem is worsened by the fact that once a single person is thrown out of jobs in our kind of environment where the extended family system is deep rooted, at least four more members of the family, apart from the nuclear family members, are going to suffer the consequence. This is what the NLC rightly described as "collateral impact" I appreciate the position of the NLC and share the congress concern for its members. As a matter of fact, my support for most of the congres’s actions under its current leadership is unflinching[9].    

One of the major principles of Shari’ah is social welfare of the greatest number and justice to everyone, which includes job security and good working environment. Shari’ah cannot be implemented without a well-motivated civil service system, whose members are denied their rights. It is a well-known fact that the civil service under the previous administration in Kano State did not have cordial relationship with the government. Those who retired were not given their benefits. Mallam Ibrahim Shekarau in his characteristic modesty has stated that he does not want to even state the commitments the state administration under his leadership has fulfilled towards paying the arrears of the civil service benefits that were not fulfilled by the previous administration. But it is necessary to narrate this achievement especially as members of the previous administration have been on the offensive attacking Mallam Ibrahim Shekarau that he is not implementing the Shari’ah. This is because they are blind to the fact that it is part of Shari’ah implementation to give pensioners and workers their rights that have been denied. The denial of this right to federal workers and others has led to various crimes. It has even been reported that military pensioners have threatened to kill the Honorable Minister of Defense who was the former governor of Kano state where he also had problems with pensioners:

A group of military pensioners protesting the non-payment of their benefits have threatened to assassinate the Minister of Defence, Dr. Rabiu Musa Kwakwanso, if they were not paid.
Also, six men believed to be hired assassins yesterday swooped on the Abuja house of Chief Nicholas Ukachukwu who is contesting in court the Anambra South Senatorial seat. The assassins murdered a policeman on duty at the residence and wounded a private security guard.
The pensioners in their death threat to the minister of defence, entitled: "Operation Wipe Out" warned that unless their benefits were paid, they would dispatch all those they felt were involved in the non-payment of their entitlements to "heaven" before the year ends.
"We will gun down Rabiu if he remains there as from 1-7-2004 if the whole arrears with the increment of 25 percent plus the new increment with effect from 1-1-2004 are not paid before then", they said[10].

The report added that the Federal House Committee on Defense called a meeting of all stakeholders to discuss the seriousness of the pension crisis, it summoned the national Chairman of the Nigerian Legion and some influential retired officers, the letter noted:

"We are in receipt of several petitions and threats from your state branches and various groups of ex-military officers and soldiers in respect of the above subject matter. We as representatives of Nigerians feel concerned about the plight of these groups of Nigerians who have spent their youthful age in service to our motherland and now suffering at their old age when they most needed to be catered for.
"We also appreciate the fact that these group of Nigerians also form part of Nigerians that queue in the rain and in the sun to give us their mandate to be in the National Assembly. Conscious of our responsibility, we are inviting you for an important meeting where this problem would be tabled with a view to finding permanent solution to it," Oke's letter stated[11].

The Punch of June 28^th 2004 also reported that tight security has been beefed up to protect the Honorable Minister of Defense “following the death threat on him by a group of military pensioners. An aide of the former Kano State governor told our correspondent on Sunday that the threat by the pensioners was not “taken for granted””. It should be noted that the pensioners have been leading a miserable life because the state has no concern or sympathy for them and as if they were not human beings when they came to Abuja and camped at the defense ministry they were packed and dumped at a camp in Kwara State . Thisday vividly reported this inhuman act of the federal authorities on June 29, 2004 :

Military pensioners dumped in a make shift refugee camp in Ganmo, an outskirts settlement in Ilorin , the Kwara State , capital have disappeared from the site.
The pensioners numbering about 250 had been dumped at the open space by people suspected to be military authorities last week for constituting a nuisance at the Military Pensions Board, Abuja , where they had gone for the arrears of their pension. THISDAY sources in the area disclosed that the pensioners dumped at the wee hours when nobody could interrogate those who brought them. However, following the pensioners protestations, the Kwara State Government, according to sources dispatched a team to the dump site to evaluate the situation and report. Deputy Governor,Chief Joel Ogundeji who later visited the dump site sympathised with the military pensioners and assured them of government assistance pending their relocation. The government later made an undisclosed amount available to the military pensioners to facilitate their return trips to their respective families. Some of the ex-military men had protested the manner of their relocation to Ganmo, stating that if their views had been sought, they could have elected to return to their bases rather than being made to face bleak future in the state. One of the ex-servicemen, Mr. Samson Echo had pleaded with the state government to come to their aid by helping them to get back to their families.
Echo said their trip to Abuja was borne out of the radio announcement inviting them to Abuja for the arrears of their entitlements for 2001 and 2002 including arrears of monthly pensions ranging between six to twelve months". He however regretted that rather than being paid, they were forcefully taken away from Abuja to Ganmo.

This could only happen in a country like Nigeria where the central government has no value for human life and has been trying to push its citizens to the wall. This is very dangerous and some have been pushed that far The Punch of June 28, 2004 quoted the aide of the minister of defense as saying on those behind the threat on the minister:

That there was strong suspicion that retired generals who had been complaining bitterly about non-payment of their benefits might be behind the threat.
Some of the generals, he said, were “retired when they least expected.
“You meet these retired generals in Kaduna , Enugu , and Ibadan going cap in hand. Some of them lived above their means when they were in service. Some have no house, no functional car. They are complaining bitterly and openly about non-payment of their monthly entitlement. I will not be surprised if it is discovered that they are behind the threat.”

The generals could not be taken and dumped at site in a state neighboring the Federal Capital Territory therefore tension will continue until they are paid their due. The Kano State Government under the leadership of Mallam Ibrahim Shekarau has a different vision of life from the PDP led federal government that has no value for human life but outward religious and bogus projects to deceive the public.

Kano State Government under the leadership of Mallam Ibrahim Shekarau fulfilled its pledge of paying the arrears of retired pensions, which was quite much. This is in line with the principle of Shari’ah that demands the fulfillment of obligations since the pensioners and other retirees have served the state therefore they must be paid. It is one of the ways of motivating serving workers to work hard and follow the dictates of the Shari’ah. Some of the pensioners have not been paid their benefits since 1979. Hence the government paid four hundred million seven hundred thousand eight hundred and fifty six Naira twenty nine Kobo (N485,700,856:29) from August, 2003 to February 2004 in respect of first batch of pension arrears/gratuities and death benefits that accumulated from 1979 to June 2003 to 3,901 pensioners. The government also paid two hundred fifty nine million for accumulated pension arrears/gratuity to 1,519 local government staff between August 2003 and early 2004. The government has so far paid one hundred and thirteen million four hundred and sixty six thousand one hundred and seventy one naira sixty five kobo (N113,466,171: 65) from the total of nine hundred and fourteen million seven hundred and ninety seven million nine hundred and ninety million naira eighty two kobo (N914,979,990: 82) being the arrears of 150%, 30% and 90% (relative to state minimum wage) pension increment to a total of 17,079 pensioners under the arrangement quarterly payment is being made until full settlement is completed by the last quarter of 2005. The second batch of gratuity schedule of one hundred and fifty million five hundred and fifty thousand (N152,550,439:00) has also been settled. Similarly over forty million naira (N40,000,000) was paid by the government for various other benefits and entitlements in less than one year. What should be noted is that most of these payments if not all amounting to over eight hundred million naira (N800,000,000) equivalent of about five per cent of the revenue of the state in less than one year was paid to people who have been denied their rights, some of them for over twenty years but majority were those denied in the last four years of the PDP rule in Kano State. There is no way a state can claim it is implementing Shari’ah when it has denied over twenty thousand families their rights, which was what the last PDP administration in Kano State did. And Mallam Ibrahim Shekarau’s administration addressed this injustice in less than one year as part of its Shari’ah implementation program.

While the Federal Government of Nigeria and other states were retrenching workers without any consideration of the social implication, Kano State under the leadership of Mallam Ibrahim Shekarau considered providing employment as fard kifayah (literally, the obligations of sufficiency), which constitutes all the socially obligatory duties that must be performed by the Ummah and society under all circumstances until a sufficient level is reached[12]. It is the core principle embodied in Islamic doctrine that has implication for employment creation. This has made it incumbent upon the society to perform certain socially obligatory duties, without which it cannot survive. This principle also entails that whatever is necessary to carry out these obligations is also, by deduction socially obligatory. “Hence, the availability of such institutions and programs that help build and sustain a growing economy and help increase health, skills and productivity of the populace - clinics, hospitals, schools, universities, libraries, vocational training programs, adult education programs, etc- become fard kifayah”[13]. Therefore the state government under the leadership of Mallam Ibrahim Shekarau has provided jobs for five thousand workers in less than one year[14]. Seventeen thousand jobs will also be facilitated in the next four years under the plans of the Guidance and Counseling Department[15].

Also with the principle of fard kifayyah as a guide, the state government under Mallam Ibrahim Shekarau decided to provide useful employment to the largest possible number of those willing to accept the minimum wage of N5000. Two thousand of such individuals were offered job of town cleaning under the Refuse Management and Sanitation Board[16]. The cumulative four year salaries of these workers is less than the amount spent on the renovation of a building by a previous administration which is even yet to be occupied. Therefore the action of the state government is based on both normative and rational principles.

There is no way the society can progress without education and the Shari’ah cannot even flourish without solid education hence the administration of Mallam Ibrahim Shekarau gives priority to employing more teachers. The previous administration had retrenched many teachers who were on contract despite their experience of teaching for several years. The administration recruited one thousand one hundred and forty five new teaching staff for secondary schools and science and technical schools. The inspectorate unit of the state ministry of education was strengthened with new vehicles for inspection at the zonal levels, no such facility has ever been provided in the last decade. The feeding of secondary school pupils has been improved by increasing the amount spent “from thirty to fifty naira per student per meal” in all the boarding schools. And during the Ramadan the students feeding was greatly improved leading to students of such schools to offer special prayers for Mallam Ibrahim Shekarau[17]. Similarly Aminu Kano School of Islamic Legal Studies, the core institution for future Shari’ah Court employees received the desired attention from the State Government and new courses including for the first time degree programs were approved for the school. This was done to enhance the quality of students that would become main implementers of the Shari’ah Law in the state. As part of its contribution to the smooth Shari’ah implementation, the school held seminars and training workshops on modern businesses and Shari’ah interpretations, operations and modalities of Hisba.

Provision of efficient health care delivery system is an obligation of the state, hence Kano State Government under the leadership of Mallam Ibrahim Shekarau mapped out plans to meet this obligation. Kano State has been suffering for lack of health personnel because of poor incentive, hence the government decided to employ two thousand workers in the health sector and also improve the pay package. Two hundred and seventy of such health officers have so far been employed. Murtala Muhammed Specialist Hospital , the largest in northern Nigeria is undergoing expansion program with an additional ward the kind of which has not been undertaken in the last two decades.  

When Mallam Ibrahim Shekarau assumed the administration of the state, he promised to restore the culture of tolerance by the leadership as a departure from the era of recklessness and arrogance. Hence there is an atmosphere of freedom, whereby workers and the citizenry are not intimidated for expressing their opinions. The government has made several efforts at imbibing the culture of transparency and accountability. The Governor visits Local Government Areas and interacts with the people under a newly initiated program of Dandalin Tattaunawa. It is also on the record that he has done more live telephone interview than any other governor in this short period of the administration.

Mallam Ibrahim Shekarau has attended Hannu da yawa live phone in program of the Radio Nigeria Kaduna twice in one year while some other governors have not attended the program even once in five years because of their fear of being taken to task by the listeners[18].  During one of such programs a caller challenged Mallam Ibrahim Shekarau that the previous administration was implementing the Shari’ah before he came to power and that his administration has not convicted any criminal based on the punishments prescribed by the Shari’ah. Mallam Ibrahim Shekarau stated that the first thing his administration did was to give those who have been denied their rights their due. Thousands of Kano state staff were denied their retirement benefits by the previous administration in fact the governor stated that he does not want to talk about it but since somebody called in and asked what has he done about the Shari’ah he must speak on it because Shari’ah is about justice. And since those who have served the state were denied their benefits by an administration that claimed to have launched the Shari’ah. It is the responsibility of his administration to give those people their rights and pay them their benefits. The caller narrated some ayats (verses of the Qur’an) and invoked the governor to fear Allah and establish the Shari’ah because in their previous administration they were able to enforce and reduce crime while the present government has not. The Governor replied that he does not wish to speak about the previous administration but since the caller referred to that period a reference must be made. During the previous administration there was no legal instrument of proper implementation of the Shari’ah and at one time the Deputy Governor led yan daba (hooligans) to attack people in hotels to “enforce” the Shari’ah that was their notion of the Shari’ah. Whenever people complained about lukewarm attitude of the Shari’ah they organized mobs to attack and “enforce” it. This according to Mallam Ibrahim Shekarau is not the way to implement the Shari’ah therefore when he assumed office he decided to make the enabling environment by establishing institutions for that purpose. During the previous administration there were no such bodies but committees to placate agitators. But now there is Zakat Commission, Hisbah Board and Shari’ah Commission. The police, State Security Service and other relevant bodies have representation on the Hisbah board, which never existed in the past. There is now an enabling law unlike in the past that it was left to voluntary organizations and other mob groups. The governor emphasized that Shari’ah is not only about hudud (punishments) but totality of life. He noted that laws have now been made in Kano State against prostitution and the state government is making arrangement to rehabilitate the women who have abandoned that provision through counseling and other forms of assistance.

According to the governor Shari’ah implementation must be at all levels especially the state administration, which was why the state had to settle all responsibilities as much as possible including liabilities of contractors incurred during the previous administration. That administration dismissed and retrenched over one thousand teachers of secondary schools who were on contract, hence his administration had to recruit some two thousand teachers of secondary schools. Teachers are important for education, which is crucial for proper implementation of Shari’ah. Some other workers were demoted unjustifiably and the present administration reinstated them, all these are part of Shari’ah implementation at the level of the state. One other caller emphasized that it was not Shari’ah implementation for the governor or any official to go about catching criminals, even a court official cannot do that, but it is his responsibility to execute judgment brought before him diligently. He even appealed to the governor to be patient to different set of people who have differing opinions on various issues, some will commend while others view otherwise. 

  Mallam Ibrahim Shekarau is one of the few governors that provided Public Avenue for people to criticize his administration while others have been noted for making attempts to victimize those that criticize by calling on their employers to dismiss them. There have been several attempts by the members of the opposition party to instigate people against the government, but so far they have failed. Despite their decimal performance in Shari’ah implementation while they were in power the members of the PDP have been claiming that the administration of Mallam Ibrahim Shekarau is not implementing the Shari’ah. There are also members of his party the ANPP who are also aggrieved and are trying to use the Shari’ah issue. One of the commonest complainants in Kano against the Government of Mallam Ibrahim Shekarau is that ANPP as a party has been abandoned. This took another dimension when a presenter of BBC news bulletin stated that it has been one year since the inception of Mallam Ibrahim Shekarau’s administration that has promised to run its affairs according to the Shari’ah and that in this period, members of the party have been complaining against injustice. For many listeners what would be expected was to hear specific cases of denial of justice in the interview that will follow. But what happened was that the obscure speaker was complaining that the governor did not give members of the party political appointments instead others were appointed, he even cited examples of some people who are not even members of the party but masterminds of the PSP (Peoples Solidarity Party). What this showed was that the BBC or its presenter are more interested in propaganda that would in the end will result in the tarnishing of the image of the Shari’ah, since there was no connection whatsoever between an obscure person’s failure to secure political appointment and the implementation of the Shari’ah[19].

Mallam Ibrahim Shekarau’s administration has made all efforts to be equitable to all sections of the society including the non-indigenes who have acknowledged his contributions in writing. Sabon Gari has now been given its own share of development projects in form of providing water and above all rehabilitation of roads. These roads rehabilitation that has been done under this administration has not been done by any previous administration in more than two decades hence even the Sabon Gari based local newsletter acknowledged the efforts of the administration.

Despite all the pressures from the opposition backed by the ruling party at the federal level and other fringe elements of the ANPP the public have not responded to their call against the administration of Mallam Ibrahim Shekarau. One of the reasons for the failure is the efforts the administration has put in giving people their rights and the modest life of the governor himself as observed by Michael Joseph in the PM News posted on March 25, 2003 in an essay titled ‘Governor Shekarau’s uncommon position’ noted that:

Not long ago, Governor Ibrahim Shekarau of Kano State won my heart with his sheer candour. He had criticised his colleagues who have found a new sport in the acquisition of bullet-proof vehicles for their personal protection against the new wave of killings across the country.

Addressing members of the Association of Advertising Practitioners of Nigeria on a courtesy call on him on Friday, 12 March, 2004 , he had declared: "Every minute, robbery is committed across the country. No single life is worth more than the other, we are the same before God.

"I believe it will be better if those saddled with the responsibility of governance put in place the necessary infrastructure, equip the police and provide means of cushioning the effect of the economic downturn." I know nothing of Shekarau's political pedigree -whether he is to the left or right of the ideological divide; neither can I claim to know much about his administration's welfare programmes, as I live far away in Lagos. What I do know, however, is that he has made a honest statement, one that is uncommon with the present crop of rulers….

Like Governor Shekarau observed, rather than these public functionaries pursuing people-friendly policies and programmes, they have resorted to spending confounding sums of money purchasing bullet-proof cars for their selfish protection.

These elected governors and other privileged government officials neither found it reckless nor ungodly lavishing between N40m and N60m of the people's money on a single vehicle, when several cheaper projects are left untouched, that could have calmed the people's restiveness…

I wish all government functionaries would reason like the Kano State governor on the dangerous state of insecurity in Nigeria .

Well, Your Excellency, Governor Shekarau, you have said all there is to say and they cannot feign ignorance of the import of your statement. May the good Lord touch their hearts, and awaken their consciousness to the seriousness of this wise counsel while there is still time.

Institutional Reforms

For Shari’ah to be properly implemented certain structures were established by Mallam Ibrahim Shekarau’s administration while existing structures were undergoing reform programs. The institutions that require reforms are the Judiciary and the Islamic educational system. The government also established for the first time three bodies, the Shari’ah Commission the Zakat and Hubusi Commission and the Hisbah Commission for proper implementation of the Shari’ah. These bodies were also given legal backing. The government also has a societal re-orientation program with the aim of refocusing the society to high goals.

The Shari’ah Implementation Advisory Committee, which was established before the formation of the three bodies has also been maintained because it includes members of the three bodies as well as others. The committee has been useful in drafting laws that are in conformity with the Shari’ah and the constitution. It has also been serving as a body for arbitration of disputes because of the caliber of the Ulama who are members. And above all it has been useful in uniting different shades of opinion within the Ulama and this has been useful in maintaining social harmony in the society to the dismay of the opponents of Mallam Ibrahim Shekarau who were unable to do that during the period of PDP administration in the state.

Many sections of the society have expressed their willingness to implement the Shari’ah without anybody enforcing it on them because of the reforms being carried out by Mallam Ibrahim Shekarau’s administration. For example, Hausa film producers are self-conscious of the Shari’ah and the need to maintain high morale standards acceptable to the society under the current dispensation. Therefore, one of the participants at a Freedom Radio program on Hausa films on Tuesday 26^th Rabi Ul-Thani 1425 (June 15, 2004) observed that the producers do not allow actress to intermingle with unauthorized persons during film production assignments and immediately after such assignments they are encouraged to go back to their homes. Even at the recording studio along Zoo Road such high standards are maintained and she called on the State Hisbah Board to recognize the effort of the proprietor of the studio. The actions of the actors, producers and proprietors were done at their free will without any enforcement by the Hisbah or any group, thus signifying that Shari’ah is well received by the people especially from this program in an independent radio station not owned by the state government.

The Judiciary

The Judiciary is the arm of the government that is constitutionally assigned the task of making judgments for proper implementation of the law. For proper implementation of the Shari’ah, the judiciary must be well equipped in terms of human and material resources to fulfill this obligation. This cannot be achieved without the cooperation from the other two tiers of government, the executive and the legislature. Since the assumption of office by Mallam Ibrahim Shekarau there has been harmonious relationship between these arms of government, which ensured a smooth transition in the Shari’ah Court of Appeal with the appointment of a new Grand Kadi.

The Judiciary is now assuming a more impressive role by engaging in capacity building for serving and newly appointed Shari’ah Court Judges. The training department of the Shari’ah Court of Appeal has begun organizing workshops and Seminars for these judges. The reservoir of learned people are now adequately utilized. For example, in the last seminar Hon. Justice Abubakar Bashir Wali the first lawyer learned in Islamic Law and Supreme Court Justice from Kano State was engaged as a resource person, so also was Hon. Shaykh Idris Kuliya Alkali, an alumnus of Al-Azhar and the former Grand Kadi of Kano State Shari’ah Court of Appeal. The Muftis whose responsibilities include advising Shari’ah Court Judges are also now fully engaged.

These positive developments have also led to greater efficiency in the Judiciary leading to quick dispensation of justice in many cases. With the introduction of Shari’ah reforms in 2000 the number of Area Court Judges who were converted to Shari’ah Court Judges was reduced from one hundred to sixty five after screening as recommended by the Shari’ah Implementation Committee. This led to crowding of cases in courts. Therefore when the administration of Mallam Ibrahim Shekarau assumed office in line with its commitment to the Shari’ah and human development, nineteen new judges were appointed, which was an increase of about thirty per cent. It is expected that the successes achieved in speedy dispensation of justice would be consolidated and improved upon. In the year 1424-1425 (2003) Kano State Shari’ah Courts received 110,224 cases of which 82,668 were civil cases and over 80% or 72,334 cases have been dispensed. Twenty seven thousand five hundred and fifty six of the 110,224 cases were criminal cases and over 70% or 19,200 have been dispensed[20]. This was achieved through the determination of the judges who put in extra efforts in the discharge of their duties because they consider it a religious obligation for reward in the hereafter.

Newly Established Shari’ah Implementation Bodies

Kano State Government under the leadership of Mallam Ibrahim Shekarau not only re-established the Shari’ah Implementation Committee but also formally established three bodies as earlier promised (during the inauguration) for the proper implementation of the Shari’ah. The bodies are the Shari’ah Commission under the chairmanship of Shaykh Ibrahim Umar Kabo, Alhaji Sani Tofa as Director General with two permanent commissioners, Shaykh Umar Sani Fage and Shaykh Ibrahim Shehu Maihula, the Zakat and Hubusi Commission under the Chairmanship of Professor Sani Zahradeen, Alhaji Kabiru Sani Hanga as Director General, with Shaykh Adamu Gwaram and Shaykh Yahya Tanko as permanent commissioners and the Hisbah Board under the Chairmanship of Alhaji Abdullahi Dutse, Alhaji Sanusi Muhammad Kani as Director General with Shaykh Yahya Faruk Chedi as Commander and Mallam Ahmed Shu’aibu and Mallam Abubakar Rabo as Deputy Commanders. All the three bodies are in the stage of preparation to take off but they have had significant impact on the society’s approach to Shari’ah because of the public confidence in the permanent and none permanent members of the bodies.

The Shari’ah Commission has been very active in advocacy and mediation programs, this is because of the observation so far made that most people are not aware of their obligations under the Shari’ah and they tend to concentrate more criminal aspect of Shari’ah. The commission has organized meetings with hoteliers and dialogued with them on the prohibition of prostitution in the state based on all moral values, this was even before the law on such prohibition was signed. Many of the hoteliers responded. This strategy was adopted because it is considered since it is based on persuasion rather than enforcement. The commission has also visited villages and markets and came up with the program of enlightening traders on the obligations of the Shari’ah with regard to sale of commodities. The commission has also been engaged in coordinating ifta, enquiries on the rulings of Shari’ah directed to it by various bodies and organizations in the state and beyond.

The Zakat and Hubsi Board, has been able to build on the previous experiences of the Kano State Zakat Committee. It has done extensive advocacy work on persuading people and institutions to send their Zakat to the commission for proper disbursement. The commission has also fine-tuned the modalities for the collection of the Zakat from various individuals. It is also compiling the list of individuals who would be beneficiaries. It has finalized plans for the first disbursement to beneficiaries as stipulated by the Shari’ah.

The State Hisbah Board has been engaged in several activities in less than one year of its existence. The activities of various Hisbah groups are now under one umbrella. The modalities for Hisbah operations have now been worked out and plans have reached advanced stage in recruiting permanent Hisbah Corps with uniforms. The board has also conducted series of enlightenment campaigns. One of the areas that witnessed intense activity is the arbiter role assigned to the board. Many wards, who left, their guardians on alleged attempt at forced marriage have been returned to their homes and married to the spouses of their choice. Some of these wards are not even indigenes of Kano , but they have been returned to their states by the board. This is a significant role considering the fact that it is one of the major reasons why some women go into prostitution and become social liabilities. Some women have also been convinced by the board to stop the trade and they have been returned to their states ( Kaduna and Niger States ) and have married. Some other women were found in the state and were returned to their countries of origin Chad , Niger and Central African Republic . There were cases of some girls illegally drafted into Hausa Film without the permission of their guardians they were taken by the board and returned to their guardians in Kano state, while another was returned to Illela in Sokoto State . The board has been engaged in providing assistance during ceremonies and also to various categories of weak people. It has also participated in helping pilgrims.

The Hisbah Board has also been effective in crime prevention despite its limited material and intelligence resources. The board helped the law enforcement agents to apprehend a notorious gang engaged in alleged theft and rape in the city. The board also prevented the occurrence of gang violence at Kofar Mata when it helped in stopping a gang party. It should be noted that gangsters have been the major cause of breech of peace in Kano city for several years. The board also helped in stopping communal violence in the village of Gwanda as a result of the activities of one “non-indigene” in the area. It quickly alerted the authorities concerned and violence was averted. Several attempts at perpetrating immoral activities, which provide refuge for criminals were prevented peacefully by the board at some of the hotels and resorts in the state. Similarly the board has helped the agencies responsible for the apprehension of dealers of drugs and narcotics. The board has also helped in apprehending some individuals who impersonated as members of a federal agency.

It is not possible to narrate all the details of the achievements of the Hisbah Board but it is necessary to emphasize that such achievements would not have been possible without the cooperation of the law enforcement agents whose representatives are also part of the Hisbah Board. This has only been possible because Mallam Ibrahim Shekarau was aware that such a board could only be successful with full cooperation of the agencies and the high caliber non-permanent members of the board who have wide experiences in life including Alhaji Mahe Bashir Wali mni, a retired Deputy Inspector General of Police. 

The Bureaucracy

The bureaucracy in this respect the civil service is very crucial for Shari’ah implementation. Hence the state government under the leadership of Mallam Ibrahim Shekarau embarked on reform programs geared towards enhancing their capacity apart from the improved welfare package. For example, workshops have been held for various cadres of the civil service but perhaps the most important was the retreat for permanent secretaries, heads of extra ministerial organizations and chief executive of parastatals. It was the first time that the cream of the state civil service was brought under one umbrella to discuss issues of good governance and the ways of improving service delivery. Mallam Ibrahim Shekarau before the retreat discussed with these category of top-level executives as well as directors in the state civil service, where he gave them the opportunity to criticize and make contributions to the reform program. He gave them immunity and there was a frank discussion. He also attended the retreat at Bauchi where he participated in one of the sessions and also emphasized to the participants that they should be frank and say the truth on any issues they feel strongly about.

As usual Mallam Ibrahim Shekarau marched words with action in his bureaucratic reform program by establishing the Project Monitoring and Evaluation Bureau by elevating the monitoring department of the Ministry of Budget and Planning. This is the first time such an organ of the bureaucracy is properly equipped to monitor government projects and it is headed by a well trained permanent secretary who is an alumnus of the National Institute of Policy and Strategic Studies. Mallam Ibrahim Shekarau attaches importance to this bureau hence he stated in his foundation budget that:

To ensure that all Government initiatives are being executed according to plan, we consider it necessary to evaluate and monitor, on a continuing basis, not only our physical projects, but also our programs. In order to effectively realize this objective, the Project Monitoring Department of the Ministry of Planning and Budget has been upgraded to the status of a Bureau.

Mr. Speaker, Honourable Members, I am sure you will agree with me that evaluating and monitoring the programmes contained in this maiden budget could not effectively be undertaken without competent professionals, specialized in the various sectors.

Consequently, the Bureau would be injected with requisite professionals from within the Civil Service to carry out regular monitoring duty. Also in areas requiring specialized attention, Government has resolved to engage the services of professionals outside the Civil Service to complement existing staff. 

Mr. Speaker Honourable members, I want to clearly state here that the Bureau has been empowered to monitor and evaluate all programs and projects involving the State Government.

Allow me to use this opportunity to call on ministries, departments, directorates and commissions to ensure that they submit their monthly, quarterly and annual reports/returns to the Ministry of Planning and Budget and the Project Monitoring Bureau in good time. The purpose is to enable the Government to keep tract of the status of projects and programs as well as the financial positions of project executing organizations. This way any deviation can be early detected and quickly rectified. 

The reports of the Bureau serve as a mirror for government activities and are a testimony of the government’s commitment to transparency and accountability.

Islamic Educational System

Mallam Ibrahim Shekarau made a pledge to improve the service delivery of Islamic Schools in the state. This will only be possible by building on the positive contributions of previous administration. The Office of the Special Adviser, Education and Information Technology carried out several activities geared towards improving the quality of Islamic Education throughout the state. This is in line with the administration’s objective of proper implementation of the Shari’ah, hence this office in the last one year conducted a census of almost all the over twenty thousand Qur’anic and Islamiyya Schools in the state. The results are now subjected to studies before the mapping out of the intervention strategies for these schools with the aim of reducing the hardship of the pupils and the teachers. Series of advocacy programs were also conducted by this office with the aim of involving all the stakeholders in Islamic Education. There were also workshops conducted for the teachers of Qur’anic Schools in various zones of the state covering all the local government areas. The office also provided support to some schools that were destroyed during the last rainy season.

The main aim of the programs and projects undertaken by the Office of the Special Adviser on Education and Information Technology is to raise the status of Qur’anic schools by affording them the recognition they deserve and eventually eliminate begging by pupils of such schools. Graduates of such schools are to be absorbed into advanced schools and eventually the service of the state hence eliminating the policy of exclusion that was entrenched by the colonialists[21]. The projects of this office are expected to be achieved through interventions as well as learning from the experiences of other societies with similar systems, hence a tour was organized for some of the Qur’anic teachers to Sudan . The major success of the advocacy program is that the teachers have for the first time appreciated government efforts for finding solutions to the problems facing such schools and teachers.

The Challenges

The greatest challenge is the high expectation of the populace for a morally more sound society with less vices and this cannot be achieved in a period of just one year. It has to be a complete societal re-orientation program not based on any partisan political gain. And there is progress in this respect especially with the matured statements that were recently made by a very senior member of the previous administration who regretted the manner they treated the Shari’ah. This is a clear indication of the failure of the secularist propaganda that spread, the falsehood that the Shari’ah is political and would wane and they even claim in some newspapers that they have been vindicated. This brings us to another challenge of the secularists who enjoy the patronage of the print and electronic news media. They have no concern for the yearnings of the people but the destruction of the public aspect of Islam and some of them have knowledge of Arabic, which they use to deceive people into believing in their destructive project. They capitalize on the adultery cases and some of the challenges facing the Zamfara State government to deceive people that they are true believers in Shari’ah and have been vindicated when in the actual sense their goal is the propagation of falsehood that the Shari’ah is not workable but their materialist nationalist project. Their project is also not perfect and has not yielded results in one hundred years since the creation of Nigeria by their patrons the British that they want the Shari’ah project to fulfill in less than five years. The secularist’s challenge will continue but they would fail inshaAllah as they have always failed in all Muslim countries.

One of challenges is that of harmonizing between the understanding and actions of various segments of the society and state involved in the implementation of the Shari’ah reforms. Some of the Western educated elites have different approach on issues to those of the Ulama who are closer to the people and have a wider constituency. These differences of approach must be harmonized because they could cause unnecessary rifts and delay the expected out comes of reform measures. There is also the need for proper coordination of the activities of the newly established Shari’ah implementation bodies with a view of keeping all those involved in the formulation and implementation of policies properly informed. This is more than necessary because many of those involved were active participants of civil society and not bureaucrats.

The development of understanding of the Shari’ah was truncated by the imposition of the penal code in 1960 and systematic destruction of the Islamic educational system that began with colonization. The aim of the colonialists was to demolish the Islamic identity and create any hybrid that would allow for the perpetuation of their hegemony hence a deliberately secular education was introduced in northern Nigeria , which produced students who were not prepared to be ideologically inclined. They “trusted the British and were friendly with them for they depended on them even on matters that affected the Sharia”[22]. They were religious at the personal level but always regarded Islamic ideals of organizing the society as secondary to Western ideas. The educational system they designed excluded products of Islamic schools from the state structure. And produced their own half-baked Islamic intelligentsia hence many of the products of Shari’ah Law degrees cannot properly interpret Islamic Legal texts. Common law graduates are considered ill prepared because of their lack of proficiency in English language[23] that they have studied for twelve years before joining law faculties. What more of graduates of combined common law and Shari’ah degrees who never had the opportunity of studying Arabic for twelve years before joining the law faculties? Such products, who, are expected to implement the Shari’ah are not very prepared for that task it is therefore a major challenge to train them for this important work for the success of the reform program. This is one of the responsibilities that must be quickly addressed by the Kano State Shari’ah Commission.