CHALLENGES OF HAJJ OPERATION IN NIGERIA By Prof Is-haq Olanrewaju Oloyede Vice Chancellor, University of Ilorin. Ilorin A Key Note Address Presented at the Second National Conference on Hajj Organized by WAFF Road Mosque Forum (WRMF) Held at Arewa House Conference Centre, Kaduna from 24-26 July 2009. CHALLENGES OF HAJJ OPERATION IN NIGERIA Preamble It gives me a great pleasure to address this important gathering on an important pillar of our religion, Hajj. It is however unfortunate that I cannot physically present this paper due to numerous official assignments at home such as the Senate meeting holding on Thursday 23 July 2009 and a meeting with the officials of Federal Ministry of Education scheduled for Friday 24 July 2009. I sincerely apologise for the absence and wish you a fruitful deliberation at the conference. Introduction Hajj as we all know is a pillar in Islam. Its obligation is established on the authorities of the Qur’an, Hadith and Ijmac. In the Qur’an Allah says: Pilgrimage thereto is a duty men owe to Allah. Those who can afford the journey: But if any deny faith, Allah stands not in need of any of His creatures (Qur’an 3:97). In the Hadith, the Prophet (SAW) is reported to have said that: Allah has made the observance of Hajj obligatory on you, so observe it. (Related by Muslim) There is unanimity of the Muslim Jurists on the obligation of Hajj at least once in a life time of a qualified Muslim. As a religious duty it has rules that guide its observance. We will in this address focus on the challenges facing Hajj operation in Nigeria and recommend measures to ameliorate if not control them. To do this, the address is divided into the four parts excluding the introduction and the conclusion. The first part discusses the requirements of Hajj. In part two, Hajj operation in Nigeria is examined. Challenges facing Hajj operation in Nigeria are dealt with in part three. The fourth part recommends a four point agenda towards ensuring a hitch free Hajj operation in Nigeria. Requirements of Hajj For Hajj to be acceptable by Allah, certain requirements must be fulfilled. Some of these requirements have been laid down in the Qur’an and others in the Hadith and yet a few in the Ijmac. In the Qur’an for instance, the verse quoted at the beginning of this address mentions capability-al- istita’ as a condition without which Hajj does not become obligatory on a worshipper. The capability referred to in the verse according to leading exegetes means provision for expenses covering the exercise on one hand and safety and security of the pilgrims throughout the trip on the other. In another verse which appears to be a follow up to (Qur’an 3:97), adequate provision is emphasized and piety (right conduct) is described as the best of such provision. The verse reads thus: And take a provision (with) you for the journey, but the best provision is (piety) right conduct. So fear me o ye that are wise. (Qur’an 2:197). The piety or right conduct implies the observance of the rules of Hajj solely for the sake of Allah and according to its rules. When this is done, the Prophet (SAW) is reported to have assured pilgrims with these qualifications of Allah’s forgiveness and admission into the Paradise. Muslim Jurists have also added maturity, physical and mental fitness as well as freedom as other requirements of Hajj. Fulfillment of these requirements makes Hajj obligatory on a Muslim and failure to perform it thereafter is a sinful act according to the unanimity of the Muslim Jurists. Hajj Operation in Nigeria Hajj operation in Nigeria has a long history. There was evidence that prominent Muslim leaders in the pre-colonial Kanem Borno, Hausa land and later the Sokoto Caliphate observed the rites of Hajj and made adequate provisions for the welfare of pilgrims from their domains in the holy land. However, since independence till date what used to be a hitch free operation in the pre-colonial times are now faced with several challenges. The operation has experienced perennial hiccups which have had adverse effects on the observance of Hajj on one hand and dented the image of the Nigerian nation on the other. To ensure a hitch free Hajj, Commissions, Committees, Directorates and Boards were inaugurated both at the national and state levels and saddled with this onerous task. Such Commissions, Committees, Directorates and Boards have been backed up by enabling legislation to ensure legitimacy and clearly define their mandates. Despite these supports especially from the government, Hajj operation in Nigeria apart from the 2008 Hajj which was adjudged the best in the recent times by President Umaru Musa Yar’adua has been characterized by undue hardship and difficulties suffered by Nigerian pilgrims. In fact, the sadness, anger and frustration caused by the failure of Hajj operations in Nigeria cannot be quantified. Inability of the various government agencies to achieve successful Hajj operations in the country is caused by a number of challenges. Some of which will be discussed with a view to finding lasting solutions to them and ensuring a hitch free Hajj operation. Challenges of Hajj Operation in Nigeria. A catalogue of challenges militating against smooth Hajj operations in Nigeria has been identified. These challenges in our view can be broadly categorized as follows: (i) Spiritual (ii) Material (iii) Health (iv) Planning/structure Each of these challenges will be discussed below. Spiritual Challenge Absence of piety in virtually all stakeholders in Hajj operations has been generally identified as a great challenge. The officials, carriers and even pilgrims have demonstrated through their acts that piety has been thrown into the dustbin. They do not match their words with actions and grossly demonstrate insincerity and dishonesty in the discharge of their respective roles in Hajj operation. Most officials responsible for the spiritual growth of the pilgrims popularly referred to as Hajj Guides for instance see their appointments as an avenue to amass wealth and status symbol. Some of them abandon the pilgrims when they are needed most both at home and in the holy land. They jettison the spiritual wellbeing of the pilgrims and are hardly seen by pilgrims to guide them in the observance of the rites of Hajj. Indeed the pilgrims are left to wander as strayed animals in the holy land. While the Hajj guides engage in other frivolous activities other than duties statutorily assigned to them. The pilgrims also commit spiritual blunders by their failure to observe the rites of Hajj as prescribed but rather engage in worldly frivolities of making golden teeth, unrestricted intermingling with members of the opposite sex. In fact some of them are reported to have taken their concubines to the holy land under the guise of being their wives and perform all forms of indecent acts while there. We also have it on a credible source that some pilgrims from Nigeria go atop Mount cArafah on cArafah day to defecate having been having assured by some unscrupulous ‘scholars’ that doing so will enrich or increase their wealth if they are already rich. Material Challenge Crave for materialism is another challenge to Hajj operation in Nigeria. Like the spiritual challenge, both the officials and pilgrims have a fair deal in this challenge. Some officials for instance see their appointment to serve on Hajj committee as a means of material growth. As such they grab as much as they could from the funds under their care. Some also go to the extent of defrauding the pilgrims totally or partially. Totally, by collecting fares from pilgrims and refusing to remit them to the appropriate agencies but provide them with fake receipts and travelling documents, thus denying the intending pilgrims access to perform Hajj. Partially, by providing registered pilgrims with sub standard facilities such as bags, uniforms, accommodation and transportation both at home and in the holy land and short change in the release of BTA to pilgrims in the Holy land. Such officials usually abscond in the case of perpetrators of total defraud and deny access to complaining pilgrims in the case of those who partially defraud the pilgrims. Some officials in the second category even had a gut to abuse and even threaten to deal ruthlessly with pilgrims who dare complain. Another manifestation of material challenge is the phenomenon of excess baggage. This act is perpetrated by both the pilgrims and the officials who purchased both the useful and useless goods under the guise of gifts to friends, families and relations on return from Hajj. Through the connivance of officials, some pilgrims get the excess baggage cleared after offering some material and other gratifications. There are also challenges associated with the issuance of traveling documents like passports, visa and yellow cards. The procurement of these materials has been marred with corruption perpetrated by the officials and pilgrims alike. Cases of removal of pictures of some pilgrims for others and production of fake travelling documents have been reported. A prominent Islamic scholar of blessed memory of high spiritual standing confessed that highly placed officials of the State at the Federal level insisted that he must go on Hajj in a year even if it would involve removal of somebody else’s picture in a passport and replacing it with his own. His uncompromising refusal of this gesture prevented the officials from executing their impious act. Health Challenge To cater for the health needs of the pilgrims, medical corps consisting of medical and paramedical personnel usually accompany pilgrims at the expense of the States or Nation. In most cases these health personnel, hardly attend to the needs of the pilgrims under their care but pay attention to the officials. In fact some of the ambulances meant for the conveyer of the sick pilgrims are turned to hide outs for the officials who roam the streets of the holy land in pursuant of their own needs at the expense of the purpose those vehicles are meant to discharge. Of equal importance are the unsanitary conditions in which pilgrims find themselves right from the transit camp through their sojourn in the holy land. Our experiences in the unsanitary conditions are gathered from what we saw at the various Hajj camps in Nigeria and Nigerian Pilgrims’ tents and residences in the holy land. Because of the lack of, or inadequate sanitation outbreak of diseases has claimed lives of innocent pilgrims. Overcrowding of the abodes of pilgrims with inappropriate ventilation is another health challenge faced over the years. Structure or Planning as a Challenge Planning as observed earlier constitutes one of the requirements of Hajj. However this important requirement has either been ill-done or not done at all. Consequently, lack of or inadequate planning has been the major bane of Hajj operation in Nigeria. In fact it is the foundation of all the challenges discussed above. The ill planning is manifested in the appointment of incompetent officials, allowance of unqualified pilgrims, approval of in effective air lines to air lift pilgrims, exceeding the set limits or standards, consulate problems, acquisition or procurement of travelling documents etc. Quite a number of pilgrim officials lack the appropriate expertise to justify their appointment. They have been chosen because of factors other than competence and expertise. As such, they hardly provide expected expertise and competence in the discharge of their duties. Similarly, some pilgrims allowed to perform the Hajj are incompetent. Their incompetence may be due to lack of inadequate provisions or religious zeal or other ulterior motives other than spiritual. It is this group of pilgrims that commits all forms of atrocities before and during Hajj. In fact some of them have seen Hajj as an escape route to stay in the holy land as illegal immigrants. Allowance of incompetent airlines to airlift the pilgrims in the past has caused delays in the departure and arrival of the pilgrims to and fro the holy lands. As a result of the delay caused by the incompetent airline operators, most pilgrims were forced to dispose their wares at give away prices to be able to feed at the transit points. In fact, crime of theft of goods and money is generally reported in those transit camps or points. Exceeding the limits in terms of allocated numbers of pilgrims to the country and arrival at and departure from the holy land was also a major challenge in the past. Through these acts, most intending pilgrims could not perform the Hajj and had to return home disappointedly. All these challenges in our view are products of corruption perpetrated at a tripartite level of officials of Hajj Commission, pilgrims and government agencies like the Customs, Federal Ministry of Foreign affairs, immigration, Federal Airports Authority of Nigeria (FAAN) etc. Any attempt at ensuring a hitch free Hajj operation must of necessity address these sectors. Towards a Hitch Free Hajj Operation in Nigeria. In the realization of the effects of the above challenges to Hajj operations in Nigeria and the need for a hitch free Hajj a number of measures have been taken by government and stakeholders in Hajj administration in Nigeria. One of such measures is the repeal of the Nigerian Pilgrims Commission Act of 1999 and its replacement by the National Hajj Commission of Nigeria (NAHCON) Act of 2006. The repeal and replacement led to dissolution of Nigerian Pilgrims Commission and constitution of the National Hajj Commission of Nigeria which is charged with the responsibility of licensing, regulating, performing oversight and undertaking supervisory functions over agencies and other bodies. The establishment of the Commission was a demonstration of government’s determination to reform pilgrimage administration in Nigeria in order to enhance and safeguard the welfare of the pilgrims by eliminating undue hardship and difficulties experienced by the pilgrims while performing their religious obligations. NAHCON Chairman, Malam Muhammad Musa Bello has used every available opportunity to intimate stakeholders and major players, of the need to reform the conduct of the exercise and inject new ideas towards ensuring a successful Hajj operation especially as it affects choice of airlines, tour operators, visa arrangements, departure arrangements, and accommodations in the holy land and the general conduct of Nigerian pilgrims during the exercise. To attain these objectives, a number of steps were taken by the Commission to address these naughty areas. For example, the Commission wants all the Hajj affairs management authorities namely State Pilgrims Welfare Boards and Agencies and other major stakeholders to act timely on key Hajj operational activities such as securing good houses for the pilgrims which conform to the Saudi accommodation standards as well as ensure that allocation of such houses to the pilgrims are made strictly based on flight schedule for smooth Hajj operation. The need also for effective and efficient communication at all levels and among the various stakeholders and to ensure strict compliance to airlift contractual provisions regarding the rights and obligations of the parties involved cannot be over emphasized. There is no doubt that efforts of NAHCON for the first time yielded fruition by successfully carrying out 2008 Hajj operation with meagre problems in comparison with the operations in the past as we already observed. Though NAHCON achievement was not total as earlier observed there are still areas that need to be properly monitored to consolidate the gains of the past and ensure a hitch free Hajj operation in the future. These areas are presented in a four point agenda as follows: One, opinion upheld in some quarters that membership of NAHCON should be dissolved because it has not totally succeeded in our view is hasty. We therefore recommend that the Commission be given a five year appraisal period from the time of its constitution to be able to determine whether it has actually performed or failed in its statutory functions. Within this time frame, the Commission would be able to know its strength and pursue it and identify its failure and make amends. The period will also provide objectives observers opportunities to suggest measures aimed at ensuring hitch free Hajj operation to the Commission. The suggestions when received by the Commission should be carefully studied with a view to implementing the beneficial aspect. Two, the Hajj commission should step out of the Box. By this, the Commission should borrow a leaf from success stories of Hajj operations in some Muslim countries and integrate them into Pilgrimage administration in Nigeria. Three, Federal Government of Nigeria should as a matter of necessity provide appropriate logistics to facilitate smooth Hajj operation as the yearly exercise involves a sizeable number of the nation’s population. Undue influence on the choice of flight operator should stop. NAHCON should be independent in the choice of flight operators and those chosen should be liable for their conduct summarily. Four, there is need for radical shift from the attitude of the Nigerian Muslim Ummah in the sources of Hajj fund. A good number of Nigerians have in the past relied on government or private sponsorship to the holy land to perform Hajj rites. This in our opinion is faulty because individual pilgrims should be responsible for the entire cost of the trip and not rely on anybody’s benevolence which in most cases do not cater for the entire needs of journey. The insufficient funds arising from such sponsorship have often led the sponsored pilgrims to engage in irreligious acts some of which have been mentioned. Conclusion There is no doubt that Hajj operation in Nigeria has existed since the pre-colonial days and recorded tremendous successes. Since the nation’s independence, and subsequent involvement of the State in Hajj operations, serious challenges which have hampered a hitch free Hajj have been experienced and remained perennial. In fact the challenges have mostly defied solutions. The establishment of NAHCON and determination of its members in surmounting the hercullian tasks of Hajj operations in Nigeria recorded appreciable success in the 2008 Hajj though not total. To ensure a hitch free Hajj in the country a four (4) point agenda is offered for consideration and subsequent implementations by the stake holders in Hajj operations in Nigeria. Through careful implementation of these recommendations, the spiritual reward of Hajj echoed in the following Hadith will be got by all the stakeholders who in most cases qualify as pilgrims because they also observe Hajj rites Whoever performs Hajj without illicit sexual conduct, observance of vices and unnecessary disputations would return as sinless as the day he was delivered by his mother. I thank you for your attention. References Ali A.Y, The Holy Qur’an: English Translation of the Meanings and Commentary, King Fahd Holy Qur’an Printing Complex, Al-Madinah Al-Munawarah, n.d Ismail M.B, Al-Fiqhu’l Wadih, Vol.1, Daru’l Mannar, Cairo, 1997. “Moving to Sanitize Hajj Operations”- Available at http://www.leadershipnyou.com. Accessed on Tuesday 21 July, 2009 Nigeria Pilgrims Commission Act Cap. 321, Laws of the Federation of Nigeria, 1990. National Hajj Commission of Nigeria (NAHCON) (Establishment) Act 2006. Sambo Pamela ”Nigeria: NTDC Partners Hajj Commission on Hajj Operation” Available at http://allafrica.com accessed on Tuesday 21 July 2009. Yusha’u Muhammad J,“Salvaging Hajj Operations in Nigeria: The Samanja Approach” available at http://www.amanaonline.com accessed on Tuesday, 21 July, 2009.