THE ALMAJIRI SYSTEM AND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

Over 200 million people, many tribes and religions, countless cultures and traditions; we are free to practice whatever way of life we choose. However, the Constitution is supposed to be the rallying point, where we can strike a balance in order to ensure that we do not abuse our happiness and freedom. In other words, traditions are harmless until they are found to be contrary to natural justice, equity and good conscience. Sadly, with the way certain practices are carried out by some groups of people in Nigeria, the questions that readily come to mind are: is the Constitution really the Grundnorm? Are some religious/traditional practices greater than the provisions of the Constitution? One of such practices is ALMAJIRI practiced in northern Nigeria.

 

Is Almajiri a bad practice?

The word “Almajiri” is derived from the Arabic phrase “Al muhajirun”, meaning “an emigrant”. It usually refers to an emigrant who moves from his home to stay with a popular teacher in the quest for Islamic knowledge. Originally, the Almajiri practice is not a bad thing. Out of numerous examples, Aliko Dangote’s great-grandfather was an Almajiri, and at the time he died, he was the wealthiest man in West Africa. Read the story here.

Unfortunately, the Almajiri practice has since outlived its purpose and has become a system for child begging, exposing children to risks and vices such as recruitment into terrorist groups, sexual and physical abuse, death etc. The pupils who were supposed to be trained to become Islamic scholars have now had to struggle to cater for themselves. What is the future of a nation with grossly abused children?


Is the Almajiri practice child abuse?

When the Nigerian government ratified the Child’s Rights Convention and African Children’s Charte, and enacted the Child Rights Act, they by implication, took up the responsibility of ensuring that these laws are implemented in a uniform manner by discouraging religious and cultural practices that are inconsistent with the law. Sadly, the government has failed to protect children while preserving barbaric religious practices.  Shouldn’t every tradition pass the repugnancy test to ensure that it is not contrary to natural justice, equity and good conscience?

Statistics by UNICEF show that Almajiri children make up about 81% of the over 10 million out of school children in Nigeria. These children are being denied the full protection of the law in a bid to ‘preserve’ religion. The system also makes nonsense of the fundamental rights provisions enshrined in the Constitution. Do not forget that the Constitution is supposed to be the supreme and most powerful law that governs the nation.

So, it is clear that the way Almajiri is practiced today amounts to child abuse

 

Does the Almajiri system oust the provisions of the Constitution?

Section 1(1) and (3) of the Constitution of the Federal Republic of Nigeria clearly states as follows:

1(1)    This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(3)       If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

           From the above provisions, it is clear that any other law, religion or traditional practice that attempts to oust the provision of the Constitution is null and void.

           The Constitution in Sections 33 – 43 also makes provisions for the fundamental rights of every citizen of Nigeria. Particularly, section 34 provides for the right to dignity of the human person. Consequently, every citizen of Nigeria (INCLUDING CHILDREN) has a right to dignity of his person. Accordingly:

  a.      no person shall be subject to torture or to inhuman or degrading treatment;

  b.      no person shall he held in slavery or servitude; and  

  c.      no person shall be required to perform forced or compulsory labour.

 

           Compelling children to beg on the streets and exposing them to harm is an abuse of their fundamental right, especially their right to dignity. Therefore, it is my opinion that the Almajiri ousts the provision of the Nigerian Constitution.

 

           What are the possible solutions?

           The first step should be a Constitutional amendment. Various laws define the age of a child differently for various purposes. There should be one definition and age for a child in the Constitution, that will leave no lacuna for other laws that may attempt to contradict that of the definition by the Constitution.

           There have to be awareness campaigns to drive home the need for a change. Everyone, especially religious and traditional stakeholders, need to understand that this change is not meant to destroy religion, but to advance it to meet up with civilization and drive positive change that will bring development. We cannot hope for development when we are rearing beggars. The danger this practice holds for us in the future is unprecedented.

States that are yet to domesticate the Child Rights Act and other laws that are meant for the protection of children have to be encouraged to do so, and the federal government must play its role by ensuring that there is a uniform protection for children across Nigeria, regardless of their tribes and religion.

The Almajiri system has deviated from its original purpose and this presents Nigeria in a bad light. The purpose of the system should be restored, the government should play its role, and THE BEST INTEREST OF CHILDREN MUST BE A PARAMOUNT CONSIDERATION IN ALL ACTIONS, if we must secure the future of our nation.



Comments

Post a Comment

Popular posts from this blog

SOME COMMON TERMINOLOGIES IN HUMAN RIGHT

RIGHT TO LIFE IN NIGERIA; CAPITAL PUNISHMENT AND EUTHANASIA.

Freedom of Thought, Conscience and Religion.