Same Sex Marriage Bill

By: Haolat Mustapha

Gay couple

On May 30, 2013, the bill on the prohibition of gay marriages and the recognition of civil unions was passed for second reading by the House of Representatives. On Tuesday, July 2, it was read on the floor of the House for the third time before it would be harmonised with its version from the red chamber for the President’s assent. The bill was unanimously supported by members of the House of Representatives and all Nigerians alike, and that does not exclude our biggest menace, the Boko Haram extremists – at least we now have a point of intersection. Nigerians who refused to share in the joy of the passage of the bill remained oblivious for obvious reasons. It is news only to aliens that the West was vexed with this commendable piece of legislation but it is one of those defining moments of our moral consciousness, even damning the idle threats issued by the West. One writer remarked that “the same-sex marriage prohibition law represents a case of black awakening in a white world”, which I find quite agreeable as it constitutes a minus to Western aggrandisement and imperialism. However, the same writer further said that “the proposed law was made into watertight compartment” as if it is a flawless bill. A lacuna exists in every law hence the need for periodic review of laws. The bill seems watertight because the most common sentiments of Nigeria – religion, ethnicity and regionalism – inherently condemn same sex marriage. As such, it only has a repetition of an unwritten indigenously innate law contained in the psyche of almost all Nigerian societies. The big question then is, how watertight is the bill?
The genesis of the bill could be traced to January 18, 2007 when the Federal Executive Council under President Olusegun Obasanjo approved the “Same Sex (Prohibition) Bill 2006”, prohibiting same sex marriages and sent it to the National Assembly for urgent action. Since then, the bill had been panel beaten in different phases until its present stage. Initially, the penalty for offenders attracted a minimum of five years imprisonment for offenders but under the present bill, the punishment is more grave: Any individual involved in gay marriage will face a 14-year jail term, without any option of fine. The bill also slams a 10-year jail term without an option of fine on members of gay associations, gay clubs, and all persons who engage in gay processions. Another strong portion of the bill stipulates that any person or group that witnesses, abets and aids same sex marriage shall be liable on conviction to a term of 10 years’ imprisonment. The bill also provides that same sex marriage certificates issued in foreign countries shall be void in Nigeria.
While we applaud the lawmakers as they make a deliberate effort at salvaging their ever-losing grip on public trust, it is also worthy of note to examine the loopholes embedded in the bill so that perhaps one day as it is being reviewed, our little contributions may be found useful.
The first thing to note is that the bill puts emphasis on same sex marriage and not same sex act – lesbianism and homosexuality – itself. This is a case of cutting a tree from the top. In my own opinion, the focus should be on the very act itself and not the marriage because the act leads to the marriage. If we care to check the record in our boys’ and girls’ boarding secondary schools exclusively for example, we will be utterly disappointed by the increasing spate of homosexuality and lesbianism among these young ones. For those adolescents, the worst punishment that could be meted out to them is a few strokes of the cane, expulsion from the school and, maybe, a little scolding from their loving parents. After that life goes on. Fortunately for them, the West African Examinations Council, National Examination Council and the Joint Admissions and Matriculation Board have no barrier for gay candidates and the higher institutions have no “samesexometer” to scan and identify gay people in the course of their admissions, so the higher institutions permeate the transition of the sexual behaviour and the sodomy continues. The bill does not provide adequate penalty for adolescents involved in the act itself.
Secondly, Nigerians are so cunning that they could cohabit for donkey years and be involved in gay practice without getting married. How can you, as a lawyer, prosecute such a person without any evidence of marriage such as wedding cards, photos or marriage certificates? Note that no dowry was paid and parental consent was not sought, yet the couple may be enjoying the full benefits of married people. These kinds of people may meander their way through the gay marriage legislation without getting trapped.
Thirdly, penalties for initiators of gay practice like some “aunties” and “uncles” are not fully captured in the law. Sometimes, going to the root of a matter could prove to be a more expedient means of tackling it. A friend of mine narrowly missed becoming a victim of such “uncle friend” who was very nice and generous to him but when my friend decoded the man’s intention, he forfeited the man’s luxuries and disappeared from his radar. Now, there are many helpless male and female Nigerians out there who have been pawned by poverty into the hands of those gay “uncles” and “aunties” yet no form of legal punishment, which at least should be more than a 25-year jail term, is prescribed for them. The Bible says, it is better for one to tie a millstone around his neck and cast himself into a deep sea than cause these little ones (helpless Nigerians) to sin( be involved in homosexuality or lesbianism). Some other religions would readily prescribe capital punishment on such people. If all skeletons were to be let loose from their closets, you would definitely be amazed at the staggering number of young people who have been abused through gay practice and the offenders walk around freely on the streets. Some of them are venerated in public places and it seems as if the law is light years away from catching up with them. Paedophiles also take advantage of the loop because there is no special provision for them within the law.
No stone should be left unturned in ensuring the rejuvenation of moral sanctity among our people even though the rate of illicit sexual behaviour is accelerating, the tempo can be minimised by fortifying laws such as the prohibition of gay marriage; it should be more encompassing so that we can reassure ourselves that we have not lost our senses completely. We are a people with an enviable heritage and we must not allow all our relics to be swept away by the western winds.

IJAKADI FESTIVAL

By: Haolat Mustapha

A cultural tradition of offa people in Kwara State. This tradition is enacted during the moremi festival. A festival in honour of Moremi, an offa woman who became the queen of king Oranmiyan of ile-Ife and who single handedly rescued the Ife people from their enemies.
  Ijakadi is a form of mock wrestling bout between the olofa of offa and his second in command (ESSA), while the whole town cheers them on and take sides. In this colorful drama, traditional drums, colorful dresses, various singing/dancing groups and displaying hunters add to the pomp and pageantry. Although, olofa usually wins the duel. This is to remind the people that olofa remains the indisputable authority of the town. But unrepentant "ESSA" would always find an excuse for his defeats thus "suku loyomi" meaning "it was the corn chaff that fell me not the olofa". This usually attract a thunderous ovation from the crowd with the slogan "kabiyesi o"
Ijakadi as we are told is in remembrance of the duel between the two illustrious sons of offa who engaged each other in a fierce wrestling over a tuber of yam in the farmyard where nobody was around to separate them.
Thus this led to the yam cutting exercise (lare) during the Ijakadi festival. Where the odofa will be blindfolded and expected to cut a tuber of yam into two equal parts.
All offa sons and daughters from home and abroad are always eager to witness this festival. The festival which takes place once every December has become a meeting point for indigenes and their friends.
The word Ijakadi has a big influence on an average offa man, hence the term "Ijakadi l'oro offa".

CREMATION:Lagos Passes Law

Act of cremation

By: Haolat Mustapha

Sequel to the signing of a bill on cremation into law in Lagos State by Gov. Fashola, it is imperative to shed light on how the Yoruba culture views cremation.                                                                  In the Yoruba culture, human beings are respected whether alive or dead. The two dominant religions (Islam and Christianity) prohibit cremation, as it is seen as being disrespectful to the dead body. To buttress this with a Quranic verse, Allah says "Then He causes him to die, and  places him in his grave." (Abasa 80:21)  The patriarchs of the Christian faith Abraham, Moses, Jacob, and Jesus Christ were also buried. It is said in the Bible that "From the dust we were made and to the dust we shall return." Cremation is alien to the Yoruba culture. The Yorubas are still use to the burial system in which their dead ones are interred, amidst ceremonies, especially if the deceased was an elder.
                To Indians, this is their way of life. They prefer to cremate their dead ones and the burnt remains will be kept in a bottle. I can still remember the wife of an Indian man that worked in Okin biscuit, offa. When she died, her body was cremated and the remains sent to India.
                The bill on cremation though voluntary, was opposed by the citizens of the state. Even from the general point of view, I am not sure that the law makers took the culture of people into consideration before coming up with the bill.
                Lagos is a Yoruba state. The Yorubas hold dearly the memory of their departed family members, that is why, you are not even allowed to sit on a grave. The bodies of the dead are treated with respect. Three things are revered in Yorubaland, they are naming ceremony, marriage and burial rites.
                Thus cremation is so alien to our culture and religious belief. I even believe that burying the dead is more environmental friendly than burning the dead. Cremation is not only inhuman, it is barbaric.