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“The Essentials of Good Government and the Obligations of Leadership”
----By The Shehu Uthman Dan Fodio, 1807

Arewa constitution-1807 

March 07, 2007

  • The Caliph is appointed to safeguard the rule of law. He is appointed with a specific mandate to uphold the rule of law, to ensure justice and equality in such a way that the citizen gets his entitlements and the property and well-being of orphans, the infirm, the insane and so on, are safeguarded.
  • Each Caliph must do his utmost and exercise power in the fear of Allah. If he is upright his work will show complete lack of self interest. He is not appointed to oppress his subjects. What he must do is lead them as far as religion and their material well-being are concerned and thank Allah for having the opportunity to do so.
  • The caliph must not neglect his appearance which should be simple but dignified. He should be calm and kind, encouraging goodness and abhorring evil and wickedness. He should wear the correct male attire and should not try to make himself look attractive as women do. He should not waste public funds, he should not wear any gold or silver nor should he wear clothes made of expensive materials. It is demeaning to do so. The Caliph must not pay lavish regard to fine clothes, horses or luxurious standards of housing.
  • The Caliph must be on his guard and refuse to listen to mischief-makers. He should keep his voice low and watch what he says. He must never lie and never break a promise. If he makes a law he must ensure it is kept. His actions must never differ from his words, for if they do, his people will lose respect for him.
  • There is no more a dangerous situation than when the Caliph is no longer easily accessible to his people. The Caliph must make himself accessible to ordinary men and women even children, every day. He must not rely on the competence of his officials. It is quite likely that it is about his officials that people wish to complain: He must therefore listen to them. If he doesn’t then he can be compared to a herdsman who, rather than guarding his herd, holds the cow (in this case, the people) by the horns to help the thief (his officials) steal the milk (his people’s wealth).
  • In public the Caliph must show the same degree of familiarity with all the people. When people greet him he should not smile on some and not on others, or chat with some and not with others, because he is in no position to know whether or not those whom he is greeting are complainants or wrong-doers.
  • The Caliph must not only be upright, but he must let his uprightness shine before him as visible proof. Uprightness is giving a man the wages, compensation and respect due him. Uprightness is being generous, not from the public purse but from one’s own pocket. Uprightness is refusing to accept presents of any kind. Uprightness is being fair in settling disputes, refusing to take sides.
  • The Caliph must always be vigilant, whether in the office or on tour, he must be prepared for any eventuality or test of endurance. He must be watchful and hunt down corrupt officials; just as a cat cannot be allowed custody of mice, so corrupt officials cannot be given custody of the Caliph’s subjects. The Caliph has to root out oppressors. He must be completely fearless, a man of principle who will stand by his principles whatever the consequences. To rule, the Caliph has to be firm and strong, giving courage to others by his example.
  • The Caliph must be on guard all the time and not be deceived by first appearances. For example the chances are that envoys who come with gifts are really spies. The wise man will turn them away with their gifts. It is madness even to accommodate such envoys. The senders are just waiting to see what advantage they can get from the situation.
  • Good government is the stopping of oppression (forbidden by the Shari’a [Islamic Law]) and the promotion of uprightness which roots out tyranny and protects the public against wrong-doers. It is obligatory according to Shari’a, for the Caliph to prescribe rules and regulations in strict conformity with the Shari’a to ensure the smooth running of the administration. The Caliph must organize an effective administration for the benefit of his people. To this end he must appoint competent civil servants in a variety of capacities, judges, advisers, doctors, revenue collectors, police officers.
  • The Caliph must make frequent assessment of his officials: their assets before appointment will be probed and constant checks made into their work. Reprimands will be given to those who fail to maintain high standards and oppressors will be dismissed. Any unexplained wealth will be confiscated. The Caliph must protect his subjects from rapacious officials, like a herdsman protects his flock from hungry lions.
  • No appointment is properly made without completion of the following three conditions:

1.      The Caliph (or appointing body) must ensure the man to be appointed is qualified. If he is not qualified he should not be appointed. If it is necessary to make appointment before all the relevant information is available, the man should be given a temporary appointment subject to confirmation.

2.      The person to be appointed must be given a clear description of his duties and the limits of his authority must be defined. Failure to do so negates the appointment.

3.       The official awaiting appointment must be given his assignment in advance and its territorial limits must be defined.

It is forbidden for any appointment to be made on the basis of personal preference or favoritism.

·        The chief adviser to the Caliph is the Waziri [Chief Minister]. He has full executive powers. He must be like a father to the Caliph, ever ready to remind him of his responsibilities, bringing things to his attention, reminding him of things he has forgotten about. He should advise the Caliph on all matters and confirm to him correct procedures. The Waziri cannot appoint an heir or regent to the Caliph, he may not resign from office nor depose anyone appointed by the Caliph. Otherwise he has full powers.

·        The Waziri must be truthful, upright, of excellent character, understanding and compassionate. It is a terrible misfortune for both the people and the Caliph if the Chief Executive is not a man of excellence. The Waziri must look to Allah constantly and know that Allah is watching over his actions

·        Regional Emirs have full powers and their responsibilities are the same as those of the Caliph under whom they work, namely, the general well-being of the people. An Emir must not think that he owns the place he governs and thus use it as his personal property. To do this is gross misuse of authority. The Public Complaints Commissioners are appointed to check oppression and their functions are wider than those of judges. For instance they can investigate the malpractices of officials who are difficult for a judge to deal with, so they have to have more power than judges. Rulers like to weaken the powers of judges in order to oppress the poor and suppress complaints.

·        Rulers must seek every means of increasing the people’s prosperity. Legal sources of revenue are taxes on wealth, farms, animals and minerals. Payments made to the rulers in exchange for titles and positions are illegal. Allah has forbidden rulers to accept any money given to them in exchange for appointments in civil service or in the judiciary, for they lead to irreligious practices, bribery and oppression of the poor. The man who pays for his title will extort what he has paid from the poor. Bribes are forbidden: this means when there is any dispute, no presents may be given to the arbiter (whether Caliph, judge or civil servant) either before or after judgement is made. Accepting presents is forbidden and detracts from the uprightness of any person in authority.

·        The special tax [Zakat] levied on behalf of the very poor must be collected and distributed as alms. Those whose needs are greatest will get first. The Caliph must see that aid is properly distributed in accordance with actual needs, so that what is not required in place ‘A’ can be transferred to place ‘B’ where the need is greater.

·         The Caliph must draw up his budget. The top priority is defence, then wages of judges, teachers, Ladans [those who call the faithful to prayers], civil servants, then the distribution of extra gift is to the poor, each receiving according to his need. Any surplus can be left in the Treasury for use in emergencies or for building mosques, repayment of loans, assistance to those wishing to marry, and pilgrims.

 


 




 
 
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