The Federal High Court in Abuja has declared that the destruction of beer bottles and alcoholic beverages in parts of the country, particularly in the northern region, amounts to economic sabotage. The court’s decision was delivered following a legal suit filed by activist Sesugh Akume against the Attorney-General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC).
The suit, marked FHC/ABJ/CS/275/2021, challenges the frequent seizures and destruction of alcoholic beverages by Hisbah, the Islamic police force, which is particularly active in Kano State. Hisbah’s actions are part of the state’s broader efforts to enforce Sharia law, which prohibits the consumption of alcohol among Muslims.
In recent years, Kano State has been at the forefront of these activities. In 2022 alone, Kano Hisbah destroyed over three million bottles of assorted beer, citing the need to address issues such as drug abuse, intoxication, and other social vices. These actions have sparked controversy, particularly among those who see them as infringing on the rights of non-Muslims and businesses involved in the production and sale of alcoholic beverages.
The ruling, delivered by Justice Emeka Nwite on May 20, marked a turning point in the legal landscape surrounding these actions. Justice Nwite held that the EFCC has a responsibility to prevent, investigate, and prosecute acts that constitute economic sabotage, including the destruction and wastage of alcoholic beverages. The court emphasized that such actions not only harm the economy but also violate established procedures for dealing with goods that are subject to taxation.
The judgment was based on the argument presented by Sesugh Akume, who contended that the destruction of beer by the Kano State Government represents a significant loss of revenue for the country. Alcoholic beverages are subject to value-added tax (VAT), which is collected by the federal government and shared among the states and local governments, including Kano. By seizing and destroying these products, the state government is effectively reducing the amount of VAT revenue available for distribution.
In the certified true copy (CTC) of the judgment, which was reviewed by TheCable on Friday, Justice Nwite outlined the implications of this ruling. He stated that economic sabotage is a serious offense that should not be tolerated in Nigeria, and that the EFCC has a duty to put an end to any activities that undermine the nation’s economy.
“It is the contention of the applicant that the 2nd respondent (i.e., EFCC) ought to investigate the common act of Kano State Government in seizing, breaking, and extravagantly pouring away the liquid content of bottles, which forms part of the value-added tax being shared by the federal government between it, the state(s) of the federation, and the local government [system] inclusive of Kano state,” Justice Nwite stated in his ruling.
He further elaborated that, while the EFCC is bound to act against economic sabotage, it must do so in accordance with the law and established procedures. This means that any measures taken by the EFCC must be within the framework of the law, ensuring that the rights of all parties involved are respected.
“This case (possibly) for the very first time in Nigeria establishes that breaking bottles of alcoholic beverages and wasting its content is an act of economic sabotage (along with its consequences) and further establishes the duty of the EFCC to prevent, investigate, and prosecute such actions,” the judge concluded.
However, the ruling is also likely to spark further debate and potential legal challenges, particularly from those who support Hisbah’s actions as a necessary part of maintaining moral and religious order in their communities. The intersection of religious laws and national economic interests is a complex issue in Nigeria, where the population is divided along religious lines, with the predominantly Muslim North and the predominantly Christian South often having differing perspectives on issues such as alcohol consumption.
