Democracy in Action: The London Example and the Hisbah Ban

Babandi Gumel

bagumel@btinternet.com

I am not a Constitutional lawyer nor trying to defend the Kano State Government in its dispute on one of it’s Policing bodies the Hisbah duly established by the State Assembly in 20003 now banned by the Federal Government recently and the matter is with the High Court. Imagine the Mayor of London elected by the people was banned only for comments which he made by an unelected body how would Londoners react... Well he was not banned however he was suspended for 30 days for comments seen as Anti-Semitic which he also refused to apologise. Anyhow one day before the ban came into effect on the 1st of March the Mayor decided to take the matter to the High Court challenging the decision taken by the unelected body which wanted to punish him and the Court decided accordingly in his favour. In the end the so called suspension was frozen pending a judicial review so he is back in Office. The Mayor who is doing a wonderful job for the Londoners is praised by every one for his concern in crime reduction in the Capital. As from next Month the Safer Neighbourhoods Team currently operating in London with the aim of tackling crimes and other Anti-Social behaviour would be increased. So an extra police constable and police community support officer will be added over the next twelve months bringing each team up to the full strength of six persons for all Safer Neighbourhoods Team by 2007. Safer Neighbourhood teams which work closely with their local community targeting crime and other anti-social vices is becoming more and more popular among the Londoners who now feel safer where they live. In the last few years the London Metropolitan Police has changed significantly in the way it deals with crime and local communities.  So this means each of the London’s 625 wards will have community policing teams two years earlier than April 2008 deadline originally promised. The increase of neighbourhood policing in London forms part of Mayor Ken Livingstone’s budget proposal for the 2006/2007 financial year giving extra funding to protect the Londoners from crime and anti-social behaviour which have been reducing over the past few years.

The example of Mayor Ken Livingstone who enjoys support from most Londoners is like that of Shekarau in Kano who enjoys similar support on the recent ban on Hisbah the community police working with the  police command in Kano.

As we know the Mayor was only suspended for 30 days and the suspension was even frozen by High Court pending final decision to be taken later. As for the Hisbah unfortunately it was completely banned and not suspended like Ken. The Federal Government which according to constitutional lawyers has no right to ban the Body which is seen as unlawful. Given the fact that the Organisation was duly established by a State Assembly in a resolution passed by the House and yet the same body was disbanded and it’s Head and his Assistant arrested and is still in custody makes every one question the validity of this so called ban described as unconstitutional. The London’s Metropolitan Police is working hand in hand with the community police community support officers and now they are going to be even more strengthened because of the good work they are doing .Not only Londoners appreciate such good work even one of America’s top police chief the former New York Police Chief Bill Bratton now in Charge of LA Police Department California on a visit to London described the Neighbourhood Team as exciting initiative which he said “I m some what envious”. “For me to have the same ratio I would need to have force of 15,000” he said. At the moment he concluded he has just 9000 working in Los Angeles. So the safer Neighbourhood Teams working in London consist of three police officers and four community support officers.

In my previous article titled the Police and Hisba ban: let the courts decide I mentioned the duties the community support officers were undertaking which is almost similar to the jobs carried by Hisbah established by the Kano State Government among others to strengthen the police in tackling crimes and other anti-social behaviour which is drastically dropping since the formation of the Body which should be applauded. Unfortunately instead of complementing the effort of the State Government and the commendable activities of the Hisbah the Inspector General and the Minister of Information all came out in the Media to make serious allegations against the His bah which led to its banning and arrest of its Commander General and his Assistant who are still in the police custody. The State Government denied the charges made against the Body and wisely decided to take the matter forward. Since The Hisbah was duly established by the State house of Assembly no individual or group have the right to ban the Organisation duly constituted by the State Assem bly now formally banned in a broadcast which is unconstitutional. What a coincidence the Mayor of London was merely suspended for only 30 days even before the suspension took effect the Court decided in favour of the Mayor to freeze the suspension pending the outcome of his appeal and yet the Hisbah formally and legally established by elected Assembly is now banned and its leaders arrested and no body can do anything. So while the Mayor who was suspended challenged the suspension and the Court decided to put it on halt here an Organisation duly constituted was banned virtually abolished and its leaders arrested without charge and yet the banning cannot be put on halt pending the Appeal by the State Government. So in effect the analogy that could be given is while London police and the community police support officers are working together to tackle crime in London the Nigeria Police in Kano instead of working together with the community support Officers in the name of Hisbah they wo uld rather see them as direct or indirect challenge and therefore virtual enemies who should be confronted forcefully with all the might at their disposal so in London we see democracy in action while in Kano is only acting rather than seeing it in action. Only when the Hisbah is reinstated and it leaders released pending appeal then we can be sure that democracy in now in action like London on the suspension of the Mayor which he challenged and won a temporary injunction. As Londoners love their Mayor Ken Livingstone equally the Kanawa and Muslims as well as all good and descent Nigerian citizens love Shekarau for his foresight transparency accountability and sincerity of action. The formation of Hisbah like the formation of Police community support Officers currently supported by majority of the people in Kano and its unfortunate banning would be an affront to our nascent democracy so again please let the courts decide and we should not allow anybody to dictate simply because he disagrees with it .It is our responsibilities to see justice prevail in all matters.

 

Wa Akhiri Daawana Anil Hamdu Lillahi Rabbil Alameen.