Re: DISTILLING THE CONTROVERSY ON THE RECENT KANO STATE GOVERNMENT'S ESTABLISHMENT AND iNAUGURATION OF THE COMMITTEE TO PROFILE NGOs AND DONOR ORGANISATIONS IN KANO STATE. By Tijjani Sarki

 Re: DISTILLING THE CONTROVERSY ON THE RECENT KANO STATE GOVERNMENT'S ESTABLISHMENT AND iNAUGURATION OF THE COMMITTEE TO PROFILE NGOs AND DONOR ORGANISATIONS IN KANO STATE. 

By Tijjani Sarki


It is essential to address the concerns raised regarding the recent profiling of NGOs, CBOs, and donor agencies in Kano State, especially in relation to the provisions of the Companies and Allied Matters Act (CAMA) cited by the writer. While much of the discussion has focused on the constitutional validity of these actions, it is important to note that the core purpose of the profiling process is to ensure transparency and accountability—principles that are fundamental to sound governance both at the state and national levels.


The provisions of CAMA, particularly those concerning accountability, are directly relevant to the actions being undertaken by the Kano State Government. The state's initiative is focused on ensuring that NGOs, CBOs, and donor agencies operate transparently, align with their stated objectives, and remain compliant with legal requirements. This is not an overreach or unnecessary control but a necessary and responsible measure aimed at preventing the misuse of organizations that could destabilize the state, as evidenced by criminal activities such as human trafficking.


The writer raises the possibility of legal challenges to the Kano profiling process, drawing comparisons with the unconstitutional provisions of CAMA. However, it is essential to clarify that while the state's actions involve oversight, they are not as intrusive or arbitrary as the powers granted by CAMA that were struck down by the courts. The Kano State Government’s profiling efforts are designed to support federal agencies and ensure compliance with national laws, including the Nigerian constitution. This is not about restricting the freedom of association or assembly but about creating a more structured and accountable environment for organizations operating in the state.


It is also important to remember that this initiative is not a new one. Profiling and registration of NGOs and CBOs have been ongoing in Kano State for years, even under the administration of Mallam Shekarau, when similar efforts were made to promote transparency and accountability in the sector. These previous measures were designed to prevent the proliferation of organizations that could be used for illicit purposes, and the current profiling process is a natural continuation of these efforts.


The comparison between the Kano profiling process and the  CAMA provisions misses the broader context and purpose of the state's initiative. Unlike the broad powers struck down in CAMA, the Kano profiling process focuses on providing oversight to protect the interests of the state, its people, and legitimate NGOs. The goal is not to suppress freedoms but to ensure that organizations are operating responsibly, ethically, and in compliance with the law.


Those opposed to the profiling process should reconsider their position. The benefits of proper oversight far outweigh any concerns about potential interference. This is not about stifling legitimate organizations but about preventing misuse and ensuring that the sector operates with integrity. The state must take proactive steps to safeguard against destabilizing activities carried out by illicit networks masquerading as NGOs or CBOs.


In conclusion, while it is vital to respect fundamental rights, it is equally critical to uphold accountability and transparency in the operation of organizations that play a crucial role in the state's development. The Kano profiling process, within the legal framework, is a necessary step toward maintaining order, preventing misuse, and ensuring that NGOs and CBOs fulfill their intended roles. On a lighter note, it is also worth mentioning that Kano is not the first state to undertake such an exercise. In fact, those who may be threatened by this process are often those with something to hide.


Tijjani Sarki

Vice President, Human Rights Watch and Youth Empowerment Foundation

23/02/2025

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