Confusion In Kaduna Over Proposed Ban on Sales, Consumption Of Alcohol
Sabon Gari area of Zaria in Kaduna State was on Thursday thrown into confusion over a proposed bill to ban the sale and consumption of alcohol.
The hearing of the proposed bill took place at the Sabon Gari Local Government Area secretariat where emotion flew .
Sabon Gari is a settlement for non indigenes.
The Sabon Gari Local Government Area had in a letter dated October 21 , 2019 , invited hotel owners and liquor sellers for the public hearing.
At the hearing on Thursday , the hotel owners, through their lawyer, Mr Daniel Peter , noted that local governments in Nigeria have the powers to license , regulate and control sale of liquor , but he argued that they lack power to prohibit sale of liquor or legislate to prohibit consumption of beer .
He noted that sections 5 and 6 of the said bill clearly prohibited the sale and consumption of alcohol, adding that it was outside the legislative powers of local governments .
He argued that the sections were clearly stated in the fourth schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and “ therefore ultra vires and not within the legislative competence of LGs . ”
He noted that Section 7 of the proposed bill which talked about prostitution had been legislated by the Kaduna State House of Assembly in Section 169 of the Kaduna State Penal Code which he said was applicable and enforceable in Sabon Gari LG based on its constitutional powers.
However, the hoteliers recommended that “ the proposed bill should in fact be on licensing , regulation and control of the sale of liquor as clearly stated in the Constitution of the Federal Republic of Nigeria 1999 (as amended) and not to prohibit sale and consumption of alcohol. ”
They said Sabon Gari should be guided by its legislative powers conferred by the constitution and not arrogate unto itself extra powers outside the provisions of the law .
“ That in exercising its constitutional powers of control in this regards , sale of alcohol can be exempted in open.
“ That all persons who sell alcohol within the local government must belong to Liquor Association within the local government for easy identification, regulation and control.
“ That the local government should only give licence for sale of alcohol or liquor to persons approved by Liquor Association within the local government so as to ensure easy/ proper regulation and control . ”
Also, pushing for the suspension of the bill at the hearing , a local liquor seller also known as ‘ Burukutu ’ , Richard Sankai, said the sale of the drink had in no small measures assisted widows among others to take care of their families.
Meanwhile , the Jama’ atu Nasril Islam and the Christian Association of Nigeria in Zaria said no religious body advocated or preached sale and consumption of liquor but urged the council to thread with caution in handling the proposed bill in accordance with the constitution of the country .