Criminality and the Ozoro Fertility Festival
A number of women and girls were reportedly sexually assaulted, in the guise of an archaic ‘Ozoro Fertility’ Festival in Delta State. Many asked that, if the Festival was really a traditional one where their ancestors and their gods were invoked on behalf of childless women, why the violence? Where was the Police? Where were the Community Leaders? Should such customs/festivals which have the propensity to become violent and a fertile ground for crimes, particularly those as heinous as rape and sexual assault, be prohibited? Prof Ernest Ojukwu, SAN; Dr Mudiaga Odje; Okechukwu Nwanguma; Emmanuel Nnadozie Onwubiko and Uju Peace Okeke, visit the troubling issues in what many now refer to as the ‘Festival of Shame’
Time is Now to do Away With Repugnant Traditional Practices
Professor Earnest Ojukwu, SAN
It is sad that at this time of our advancement, we still have cultures that perpetuate abuse of human rights to the extent of using rape as a tool of festivals. In some Abuja communities, twins are still being killed; babies whose mothers died while breastfeeding them are buried with the corpse of the mothers; children that develop the upper tooth before the lower one, killed, etc.
We have our constitutional protections from our fundamental rights provisions of the Constitution, and many criminal laws that make these acts serious crimes. So, it means that we have not done enough education, re-education and reorientation. Our civil society organisations have done a lot of work but, the Governments at different levels of Nigeria have done little or nothing to support the efforts of the NGOs. One platform that can be invested in and used for this as a massive project, is the Legal Aid Council of Nigeria.
One of the three themes of the Legal Aid Act, is the Community Legal Services. The objective of this community legal services, is providing outreach and legal empowerment to vulnerable groups, particularly through legal education and advice in rural or underserved communities.
There is a complete failure of Government, with respect to activating this community legal empowerment.
Professor Earnest Ojukwu, SAN, former Deputy Director General of the Nigerian Law School
Ozoro Fertility Festival, Public Decency and the Rule of Law
Dr Akpo Mudiaga Odje
Introduction
Over the years of the world’s evolution, culture and traditions have formed the foundation of human lives and even in some animals too, as anthropologist and behavioural social sciences teach us.
Indeed, as a culture in fluidity, it is expected to permeate itself and like an amoeba, in perpetually changing features. This unique quality of cultures, traditions, festivals and customary laws, was highlighted and crystallised in the notorious case of Rotibi v Savage under the Nigerian legal system. No wonder the first African life time Grammy awardee 2026, Fela Anikulakpo Kuti, in one of his satirical musical blasts titled “Teacher Don Teach Me Nonsense”, asked rhetorically to wit:
“Who be Government teacher?
And, he appositely answered thus :
“Culture and Tradition”
That is the testimonial and axiomatic fact that cultures and traditions define our societies, nay governments.
Cultures and Traditions Must Not Go Against Good Conscience, Equity or Public Policy
Notwithstanding the impact and guide of cultures and traditions in defining our society, same must however, be continually subjected to pass through the crucible of the repugnancy doctrine, before such a culture or tradition can be accepted and enforced by Government.
In other words, if any culture or tradition retains acts of barbarism or promotes harmful practices, and advertises violence, such will not be recognised, nor enforced by Government, and will face immediate expunction.
Our post-independence legal system which is made up of the common law and equity, provide safeguards and sanctions which have been entrenched therein, against unjust and cruel cultures and traditions, especially of pre- colonial times.
And, as a consequence, that imported legal system introduced the repugnancy doctrine, through which any culture or tradition must first pass through, in order to be recognised by the Government.
By and large, the repugnancy doctrine became an instrument by which our otherwise peaceful and progressive cultures, festivals and traditions were thrown away through colonial prejudices.
Perhaps, this is the aspect of the repugnancy doctrine that prompted the Nigerian legal system law Lord, Professor Park, to posit thus:
“The repugnancy doctrine, like it’s counterpart, the public policy, can be likened to an unruly horse which will take its rider to a place he knows not where”.
The Ozoro Festival Particularly in Focus
Recently, we were astounded from the reports emanating from Ozoro, a hitherto sleepy town in Delta State. It was disclosed that a festival of fertility was celebrated, by a quarter of a section of the community. And, usually during such festivities, movements by women are also restricted, for the sake of the efficacy and spiritual success of the event. In this regard, during the festival, some females were allegedly molested and assaulted. Some reports even alleged raping of ladies, during the festival.
Unique Features of Culture and Traditions
As adumbrated above, every culture and tradition has its own features and guidelines. These, they say, are inherent, necessary restrictions, to guarantee the expected positive outcome of the festival of culture or tradition.
Accordingly, the Ozoro people during the said festival, usually and over the years restricted movement of women, to ensure good outcomes for their people who need children and want to make a family.
No doubt, childlessness is a traumatic condition, both medically and psychologically. Such persons are viewed by society as cursed, or being punished for the sins of their ancestors. So, such festivities as in the Ozoro option, are carried out to appeal to and/or appease the gods and our ancestors, to come to the rescue of such childless persons in the community.
The Chief Priest sends out the template to celebrate such festivals and also sets out the restrictions arising therefrom. The sequence above, shows how such cultures and traditions are innocuous and particularly geared towards the betterment of society.
Needless to accentuate further, that such festivals are good for humanity and promote spectacular care for the often neglected childless persons of society.
Was the Ozoro Festival Against Good Conscience, Equity and Public Policy?
In the light of the preceding postulations, the lucid answer to the above caption is naturally in the negative. The Ozoro festival, in as much as it is focused on promoting fertility for childless people, is a very welcome and highly equitable culture and tradition. The primary aim is to show love, and offer hope to the childless. And, above all, to also take pragmatic cultural and traditional steps towards redressing and addressing such afflictions, and reversing stereo typism by society against the childless.
Police Interim Investigation and Report on the Ozoro Festival
As expected from a social media age, this festival drew a multitude of concern and unstopping comments, most especially and understandably too, from the womenfolk in Nigeria.
The First Lady of Nigeria, Senator Oluremi Tinubu, strongly condemned the said assaults against ladies during the festival as conveyed vide the media. And, she called for an immediate investigation into the matter, and prosecution of the culprits.
The Police has now declared that “No One Was Raped”, impliedly since none came forward, and that arrests have been made in respect of the assaults.
This report suggests that the Ozoro festival was indeed, peaceful and civilised, but same was unfortunately hijacked by the bad boys as it were. These findings find historical support, as there have been no such despicable incidents ever reported in the past many celebrations of the Ozoro festival since time beyond human memory.
Where and When Did the Ozoro Festival Go Wrong
The inability of the organisers of the Ozoro festival to properly synchronise security most especially, is where and when the Ozoro festival got its bad name and also got it wrong. The organisers of the Ozoro festival ought to have first arranged a proactive security architecture, from regular security to its vigilantes. This would have effectively curtailed the infiltrators, who came into Ozoro festival to cause the lamentable situation that occurred. This is because no sane Ozoro person would embark on disrupting a festival designed primarily for their common good, and even that of his childless brethren, as they are all in that together.
Public Decency and the Rule of Law
No doubt, the law already has an avalanche of robust regulations, both in civil and criminal jurisdictions, all sanctioning acts of public indecency or breach of the public peace and order. The acts of the infiltrators as arrested, violate both jurisdictions of the law, so, their victims are hereby strongly advised to press charges.
Indeed, our Constitution also guarantees our respective rights to life and privacy at all times. No one should therefore, be allowed to violate our laws with magisterial arrogance and left scot-free.
Role of Government and Law Enforcement Agencies in Public Celebration of Cultures and Traditions
Indeed, Government at all levels have at least one agency or department dealing with traditional matters and chieftaincy affairs. The kings working with the said Governments, are also the custodians of our culture and traditions. So, there is thus, a very significant attention being given to our cultures and traditions, which warrants periodic monitoring from Government at all levels.
The Governments by themselves, and acting in conjunction with the kings, ought to ensure that public celebration of cultures and traditions by way of festivals are conducted peacefully, and under the stern watch of law enforcement agents. The local government chairmen and their presidents general, should be held prima facie responsible whenever violence erupts in the celebration of such cultural festivals in their domains.
Government Should Prosecute Perpetrators of the Assault and Violence at the Ozoro Festival
The only duty the Government owes the citizenry at this moment of our collective shame, is to prosecute the culprits and promoters of the violence during the Ozoro festival. That will indeed, act effectively as a deterrent to anyone planning a future occurrence or recurrence. The Government should strive and ensure it gets credible evidence and people, to firmly prosecute these apparent agent provocateurs.
Conclusion
The Ozoro festival has brought to the fore again, the extreme dangers through inertia, that the Government and elders of society expose ourselves to and communities too, by allowing our youths to solely organise and celebrate our otherwise peaceful and progressive festivals; and yet, we expecte decency and public order to rule in such festivals.
A Cultural and Traditional Festival Maybe “Good”, but Nevertheless Still “Badly” Celebrated as in the time long reassuring “Ozoro Fertility Festival”.
Prince (Dr) Akpo Mudiaga Odje, LLD; LLM (Merit) (London); BL. Member, British Council; Constitutional Lawyer
Ozoro: When Culture Becomes Cover for Crime – A Call for Justice and Moral Clarity
Okechukwu Nwanguma
Reports emerging from Ozoro in Delta State of a so-called “festival”, during which women and girls were sexually assaulted in broad daylight are not only shocking – they are a national disgrace. That such acts could occur in 2026, under the guise of tradition, raises urgent questions about our values, our institutions, and our collective humanity.
Let us be clear from the outset: rape is not culture. Sexual violence is a crime under Nigerian law, a grave violation of human rights, and an assault on human dignity. No tradition, no matter how old, can justify or excuse it.
The accounts – particularly involving female students – point to a deeply troubling environment, where impunity thrives. Victims are left not only with physical harm, but also enduring psychological trauma: fear, shame, anxiety, depression, and in some cases, lifelong emotional scars. The silence or normalisation of such abuse compounds the injury, sending a dangerous message that women’s bodies are expendable in the name of cultural expression.
This is unacceptable.
What must be done to the Perpetrators?
Those responsible – whether direct perpetrators, enablers, or those who failed to act – must be identified, arrested, and prosecuted in accordance with the law. Sexual assault is criminalised under statutes such as the Violence Against Persons (Prohibition) Act and relevant State laws. Accountability must be swift and transparent. Anything less, would reinforce a culture of impunity.
What is the Role of Government and Law Enforcement?
The primary duty of the State, is the protection of life and dignity. The Delta State Government and law enforcement agencies must:
– Launch an immediate, independent investigation into the incident;
– Provide protection and support for victims, including medical care, psychosocial services, and legal assistance;
– Ensure that perpetrators are brought to justice without interference;
– Review and regulate public festivals, to ensure they do not become platforms for abuse.
The failure to anticipate and prevent such an occurrence, also calls into question the adequacy of policing and intelligence in the area. Where there were warning signs, they were clearly ignored.
Why Must Such Customs be Abolished ?
Culture is not static. It evolves with society’s moral and legal standards. Practices that degrade, dehumanise, or endanger members of the community – especially women and girls – have no place in any modern society governed by the rule of law.
To defend such acts as “tradition” is to weaponise culture against the vulnerable. It is to place impunity above justice and silence above truth.
Nigeria cannot claim to uphold human rights while tolerating spaces where violence against women is ritualised or ignored.
A Call to Conscience
This moment demands more than outrage – it demands action. Community leaders, traditional rulers, youth groups, civil society, and the media must speak with one voice: this must never happen again.
There must be a clear and enforceable line: no cultural practice can override the law or violate human dignity.
If we fail to act decisively, we risk normalising barbarity under the cloak of culture. But if we respond with courage and clarity, we can reaffirm a fundamental principle: that every Nigerian – regardless of gender – has the right to safety, dignity, and justice.
The time to act is now.
Okechukwu Nwanguma, Executive Director, RULAAC
Condemning Sexual Violence Disguised As Culture In Ozoro, Delta State
Sabastine Anyia
The reported incidents surrounding the so-called Ozoro Festival in Delta State, where women and girls were subjected to sexual assault and rape under the guise of tradition, represent a profound moral, legal, and societal failure. How did we get here as a society? Such acts are criminal and fundamentally incompatible with the values of human dignity and the rule of law that Nigeria claims to uphold.
There is no cultural justification for violence, especially sexual violence. Any practice, regardless of its historical roots, that encourages the violation of human beings must be unequivocally condemned and abolished.
Culture is often invoked as a shield to protect harmful practices from scrutiny. However, culture is not static. Culture evolves with society’s understanding of justice and human rights. Practices such as female genital mutilation, child marriage, and other harmful traditions have rightly been challenged and outlawed in many cases.
Sexual violence masquerading as tradition is not culture but is in fact, utter criminality. It is a distortion of communal values and a betrayal of the very people culture is meant to protect. No society that values human life and dignity can permit such acts to persist under any label or tag.
The impact of sexual violence extends far beyond the physical. The victims, many of whom are reportedly students and young women face severe psychological trauma, including post-traumatic stress disorder (PTSD), depression, anxiety, and long-term emotional scars which can disrupt their education, careers, relationships, and overall quality of life.
Moreover, such incidents create an environment of fear and insecurity, especially for women and girls.
The public spaces become unsafe for them. To them, violence against them seem normalised and so, society as they know it begins to fracture.
Under Nigerian law, rape and sexual assault are serious criminal offenses punishable by significant prison terms. The Violence Against Persons Act and various state laws provide clear frameworks for prosecuting such crimes.
Perpetrators of these heinous acts must be Identified, arrested, Prosecuted and Given penalties commensurate with the gravity of their crimes.
There must be no room for impunity. Failure to act decisively sends a dangerous message that such behavior is tolerated and thus further encourages this damning act.
To prevent the recurrence of such atrocities, a multi-pronged approach is essential. Traditional rulers, community leaders, and law enforcers must be engaged to reject and publicly denounce these practices. Cultural reform must come from within as well as from legal frameworks. Communities must be educated about human rights, consent, and the legal consequences of sexual violence. Universities and local institutions must ensure the safety of their students and collaborate with authorities in preventing such incidents. We must establish safe reporting channels, witness protection systems, and survivor-centered justice processes. Creation of oversight bodies to monitor festivals and public gatherings, ensuring compliance with human rights standards should be considered.
The continued existence of practices that enable sexual violence is an indictment of our collective conscience. Traditions that harm, degrade, or dehumanize have no place in a just society and abolition of these practices is as moral as it is legal.
The events reported in Ozoro must serve as a turning point. Silence, denial, or cultural relativism cannot be allowed to obscure the truth. Sexual violence will always be a crime, regardless of context.
The Nigerian Bar Association, Human Rights Institute pledges to take a leading role in advocating for justice, supporting victims, and pushing for systemic reforms. The fruitful steps we take against horror stories like this will be testament to the kind of society Nigeria chooses to be.
Sabastine Anyia, 1st Vice President, Nigerian Bar Association; Chairman, NBA Human Rights Institute
Ozoro’s Sexual Violence, an Assault on Human Dignity
Emmanuel Nnadozie Onwubiko
Right to Dignity of the Human Person
Experts say that at the heart of human rights, is the belief that everybody should be treated equally and with dignity – no matter what their circumstances. This means that nobody should be tortured, or treated in an inhuman or degrading way. It also means that nobody has the right to ‘own’ another person, or to force them to work under threat of punishment. And, it means that everybody should have access to public services, and the right to be treated fairly by those services. This applies to all public services, including the criminal justice system. For example, if you are arrested and charged, you should not be treated with prejudice and your trial should be fair. This right is one of the most intrinsic rights of a man, and can be seen as the determinant of personhood.
Article 1 of the Universal Declaration of Human Rights provides:
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience, and should act towards one another in a spirit of brotherhood”.
The concept of human dignity and personhood, transcends the limitation of national constitutional provisions.
Section 34 of the 1999 constitution provides:
“Every individual is entitled to respect for the dignity of his person and accordingly –
No person shall be subjected to torture or to inhuman or degrading treatment.
No person shall be held in slavery or servitude; and
No person shall be required to perform forced or compulsory labour”.
With the above-mentioned facts and laws in mind, we can deduce that the disturbing events that unfolded in Ozoro, Delta State, on March 19, 2026, have shaken Nigeria’s conscience and forced a difficult but necessary national conversation. What was meant to be a celebration of cultural heritag reportedly descended into a chaotic scene of harassment, assault, and alleged sexual violence against women and girls (many of them students) under the guise of tradition. The very phrase now widely used to describe the incident, a “rape festival”, is as chilling as it is symbolic of a deeper societal failure.
Accounts from the community suggest that what occurred was not merely a spontaneous breakdown of order, but a systemic collapse of safeguards. Eyewitness reports indicate that women were chased, stripped, molested, and in some cases, allegedly raped in broad daylight, as mobs operated with impunity in an environment that blurred the line between festivity and criminality. The brazenness of these acts, carried out in public spaces, has heightened outrage and exposed glaring gaps in governance, security, and cultural accountability.
Yet, in the aftermath, conflicting narratives have emerged. While media investigations and public testimonies paint a grim picture of coordinated abuse, the Police have stated that no formal rape complaints have been recorded, even as they acknowledge incidents of sexual assault and confirm multiple arrests. This divergence is not unusual in cases of sexual violence in Nigeria, where stigma, fear of reprisal, and distrust of institutions often silence victims before they can come forward. The absence of official reports, therefore, cannot be simplistically interpreted as the absence of crime.
At the heart of this tragedy lies a fundamental question: how could such an environment be created in the first place? The answer appears to be a convergence of negligence, cultural ambiguity, and opportunistic criminality. Investigations suggest that the festival lacked proper authorisation, public communication, and security coordination. Without clear guidelines or prior notice, women and girls (including those unfamiliar with local customs) went about their daily activities, only to find themselves suddenly vulnerable in a hostile setting. In such a vacuum, criminal elements found fertile ground to operate.
The invocation of culture as a defence in this context, is both dangerous and dishonest. Culture, in its truest sense, is a repository of values, identity, and communal dignity. It is meant to preserve the collective ethos of a people, not to degrade it. To suggest that any tradition permits the violation of women, is to fundamentally misrepresent culture itself. Even community leaders and Government officials in Delta State have been unequivocal in their condemnation, stressing that no cultural practice can justify harassment or assault.
This raises a broader issue that extends beyond Ozoro: the urgent need to interrogate and, where necessary, reform or abolish harmful traditional practices. Societies evolve, and so must their customs. Practices that may have once held symbolic or ritualistic significance must be reevaluated, in light of contemporary human rights standards. Where a tradition becomes a vehicle for abuse, it forfeits any moral legitimacy it might have claimed.
The psychological toll of the Ozoro incident, cannot be overstated. For the victims (many of them young women and students) the trauma is likely to endure far beyond the physical experience. Sexual violence inflicts deep emotional scars, including anxiety, depression, and post-traumatic stress. It erodes a person’s sense of safety, dignity, and belonging. In a society where victim-blaming remains prevalent, the burden becomes even heavier, as survivors must navigate not only their trauma, but also societal judgement.
Particularly troubling, is the impact on students of Delta State University, Ozoro, who were reportedly among those affected. Universities are meant to be spaces of learning, growth, and security. When students become targets of violence in their own academic environment, it represents a profound institutional failure. It also raises questions about the preparedness of educational institutions, to respond to crises and protect their communities.
Accountability must therefore, be comprehensive and uncompromising. The arrest of suspects is a necessary first step, but it is only the beginning. Perpetrators must be thoroughly investigated and prosecuted, in accordance with the law. Justice must not only be done, but must be seen to be done, in order to restore public confidence and deter future violations. The temptation to downplay or reframe the incident to protect communal reputation, must be resisted. Silence and denial only embolden perpetrators, and perpetuate cycles of abuse.
However, focusing solely on individual perpetrators risks overlooking the systemic failures that enabled the incident. Where were the security agencies? Why was there no prior intelligence, or preventive deployment? How did an event of such scale occur without official oversight? These questions point to lapses in governance that must be urgently addressed.
The role of Government and law enforcement agencies, is critical in this regard. Beyond reactive measures, there must be proactive frameworks for regulating public gatherings, particularly those with cultural or traditional significance. Clear guidelines, mandatory approvals, and coordinated security presence should be non-negotiable. Community leaders, too, must take responsibility for ensuring that cultural events are conducted in a manner that upholds the dignity and safety of all participants.
Equally important, is the need for robust victim support systems. Survivors of sexual violence require access to medical care, psychological counselling, and legal assistance. The State must create an environment in which victims feel safe to report incidents without fear of stigma or retaliation. Public awareness campaigns, community engagement, and educational programmes can play a vital role in changing societal attitudes and encouraging reporting.
The Ozoro incident, also underscores the broader challenge of gender-based violence in Nigeria. It is not an isolated occurrence, but part of a larger pattern of systemic inequality and societal tolerance for abuse. Addressing this requires a multifaceted approach that includes legal reform, institutional strengthening, and cultural reorientation. Laws must be enforced consistently, institutions must be held accountable, and societal norms must evolve to prioritise respect and equality.
One of the most troubling aspects of the Ozoro case, is the ease with which criminal behaviour was allegedly cloaked in the language of tradition. This tactic is not new, but its consequences are particularly stark in this instance. When culture is weaponised in this way, it not only harms victims, but also undermines the integrity of the culture itself. It creates a dangerous precedent in which any act, no matter how reprehensible, can be justified under the guise of heritage.
This is why the call to abolish or reform such practices is not an attack on culture, but a defence of it. True cultural preservation involves safeguarding the values that define a community – values such as respect, dignity, and justice. Practices that contradict these principles must be challenged and, if necessary, discarded.
Conclusion
The national outrage that has followed the Ozoro incident, is both justified and necessary. Public pressure has historically, been a catalyst for change, and it must be sustained in this case. Civil society organisations, the media, and ordinary citizens all have a role to play in demanding accountability and advocating for reform. The risk, as always, is that outrage will fade and the status quo will reassert itself.
What must not be forgotten is that behind the headlines and debates, are real human beings whose lives have been irrevocably affected. Their experiences, must remain at the centre of this conversation. Justice for them is not merely a legal imperative, but a moral one.
Ultimately, the Ozoro incident is a stark reminder of the work that remains to be done, in building a society that truly respects and protects the rights of all its members. It is a call to action for Government, communities, and individuals alike, to confront uncomfortable truths and to commit to meaningful change.
If there is any silver lining to this tragedy, it lies in the opportunity it presents for reflection and reform. Nigeria must seize this moment to strengthen its institutions, challenge harmful practices, and reaffirm its commitment to human dignity. Anything less would be a disservice, not only to the victims of Ozoro, but to the nation as a whole.
The question is not whether such incidents should be condemned; they already have been. The real question, is whether that condemnation will translate into lasting change. The answer will determine whether Ozoro becomes a turning point, or just another entry in a long and troubling history.
Comrade Emmanuel Nnadozie Onwubiko, former National Commissioner, National Human Rights Commission of Nigeria; Founder, Human Rights Writers Association Of Nigeria (HURIWA)
Ozoro Festival and Alleged Assault in Delta State
Uju Peace Okeke
Introduction
Culture is commonly described as a people’s way of life. People here, implies men, women, and children. This indicates that every society has a culture that covers almost every aspect of life, making it authoritative. It sets a people apart from others, and cannot be said to be an archaic concept. It is passed down from generation to another, through socialisation.
Participating in Culture is a Human Right
Culture is globally recognised by human rights general and specific hard and soft laws, at the global and African regional levels. The elevation of cultural participation to human rights shows the importance of culture. The starting point is the Universal Declaration of Human Rights (UDHR) in Article 22, acknowledging everyone’s right to social and cultural rights and to freely participate in the cultural life of the community in Article 27(1). The International Covenant on Economic Social and Cultural Rights (ICESCR) safeguards peoples’ right to pursue their cultural development in Article 1, and the right of everyone to take part in cultural life in Article 15. The International Covenant on Civil and Political Rights (ICCPR) guarantees peoples’ right to pursue their cultural development in Article 1, while Article 27 protects peoples’ right to enjoy their own culture. The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) recognises in the seventh and eleventh paragraphs of its preamble, that discrimination against women is an obstacle to their participation in cultural life. Article 1 acknowledges cultural field as one of the life spheres where women should live a discrimination-free life, while Article 3 urges States Parties to take measures to ensure full development and advancement of women in cultural field. Article 5 enjoins States to modify cultural patterns that drive prejudices of either superiority or inferiority of a particular sex. Article 13 (c) guarantees women the right to participate in all aspects of cultural life.
The Convention on the Rights of the Child (CRC) in the last paragraph of the preamble took into consideration the importance of traditional and cultural values in the child’s development. Article 17 urges the mass media to disseminate information of cultural benefits to children. In removing a child from family environment in his best interest, article 20 insists that the cultural background should be taken into consideration. Article 23 stipulates that provisions made for children with disabilities should take into consideration, their cultural development. Article 29 maintains that education of the child shall be directed to the development and respect for the child’s cultural identity. Article 30 guarantees children from minorities the right to enjoy own culture. By Article 31, the child shall freely participate in cultural life.
At the African region, the African Charter on Human and Peoples’ Rights (African Charter) in the fourth paragraph of its preamble, took historical tradition and the value of African values into consideration while paragraph 10 asserts that Africa attaches traditional importance to the protection of human and people’s rights. Article 17 guarantees individuals, right to participate in cultural life, and the protection of traditional values. Article 22 guarantees people right to cultural development, and 29(7) imposes on individuals the duty of preserving positive African culture in the spirit of consultation and tolerance.
Article 2 of Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol) enjoins States to modify cultural patterns of conduct, so as to eliminate cultural and traditional practices that affect women. Article 4 calls for the promotion of peace through the elimination of cultural beliefs that stereotype women. Article 10, in protecting right to peace, called for the maintenance of peace culture. And, Article 17 safeguards right to live in positive cultural context, and participate in the development of cultural policies.
The African Charter on the Rights and Welfare of the Child (African Children’s Charter) in paragraph 3 of its preamble, acknowledges the peculiar cultural and traditional circumstances of African children that make their situations critical, and paragraph 6 takes into consideration the African cultural heritage. Article 1(3) discourages the practice of any cultural practice, that is inconsistent with the provisions of the Charter. Article 11, in guaranteeing them right to education, insists that it shall be directed towards the preservation of African traditional values and culture. Article 12 safeguards the right to freely participate in cultural life. Article 13 guarantees handicapped children, right to cultural development. Article 21 protects children from harmful cultural practices, while Article 31 imposes on them the duty of strengthening African cultural values.
On the soft laws, Article 4 of the United Nations Declaration on the Elimination of Violence against Women (UNDEVAW), called for the modification of cultural patterns, in order to eliminate prejudice that culminates in violence against women while the Convention on Ending Violence against Women and Girls (AUCEVAWG) in Article 4, called for the participation of people from different cultural institutions in coordinating related VAW preventive programs.
Culture in Nigeria, Ozoro Cultural Festival
Coming home to Nigeria, having ratified the foregoing treaties, the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) recognises culture as Section 17(3) safeguards adequate facilities for cultural life; Section 21 protects, preserves and promotes the Nigerian cultures which enhance human dignity, and encourage the development of studies that enhance cultural values.
Flowing from the foregoing, it follows that the cultural festival of the Ozoro people and indeed, every part of Nigeria, is well grounded. However, the common ground from the treaties and the CFRN, is that they all insist on positive culture. This implies a cultural environment that promotes trust, social harmony, individual wellbeing, partnership, a strong sense of high self-esteem, identity and belonging. If culture is the way of life of a people, it is expected to unite these people giving them a similar worldview, by offering members of the cultural group a sense of security in anchoring them to their ancestry. Where people feel loved and supported, it is easier to shape morals, consciences and social concord. Consequently, the culture of Ozoro people cannot work against the women folk, part of whom have it as a way of life, otherwise, it becomes gender-based violence (GBV) prohibited by the Violence against Person’s (Prohibition) (VAPP) Act.
Even if this was the previous practice of negative culture, the current realities require its change. This is possible because, culture is not stationary, but ever changing. Change being the only constant thing on earth, it follows that any group which fails to move with the times, will be left behind. A striking example involving the change of bad culture is the killing or abandonment of twins in the pre-colonial times, which has given way to their celebration. This change may have been difficult, but with the benefit of hindsight, it is clear that it was a wise decision. A cultural shift will require the involvement of the Government, custodians and practitioners of the culture. Federal and State Governments, cannot be speaking from two sides of the same mouth. Nigerian Government has ratified treaties on positive culture imposing the duties of respect, protect and fulfil. Duty to respect means that the Nigerian State must, through actions and inactions, refrain from interfering with the enjoyment of positive culture by women and other groups. Duty to protect means that Nigeria should protect Nigerian women and girls, individually and collectively, from private or public third parties, whether known or unknown, that will impede their enjoyment of positive cultural environment. Duty to fulfil is a positive obligation of performance, ensuring enjoyment of this right by Nigerian women by putting in place legislative, financial and other measures in achieving this goal. The guaranteeing of positive culture in the CFRN as well as the enacting of VAPP Act prohibiting harmful traditional practices evidences legislative measure. This Federal law was localised by Delta State in 2020. The implication is that, any culture that works against women whether in Ozoro or any other part of Nigeria is an anomaly, and belongs to the Nigerian societal dustbin. It follows that nobody should be allowed to perpetrate crime, under the guise of any culture.
It behooves Ozoro traditional and cultural leaders as cultural gatekeepers, to comply with the CFRN on cultural matters. They will do this through leveraging on the social authority to supervise cultural festivals and ceremonies, and lead their people in unlearning women discriminatory cultural practices and relearning women empowering ones. As transformation agents, they should through leadership, organise their people to engage in positive reinterpretation of social norms.
Recommendation
The Nigeria Police should investigate the allegations of Ozoro cultural festival assault, and prosecute anyone who is on the wrong side of the law. The Government at the Federal and State levels, should be seen condemning negative culture and promoting positive culture through the National Orientation Agency (NOA) and similar agencies.
What happened in Ozoro should be called out, where Police investigation confirms its veracity. The Ozoro traditional and cultural gatekeepers are expected to call out the perpetrators by naming and shaming them, otherwise their community will be known as a culturally backward society, as the alleged acts will become the mirror through which Ozoro will be viewed.
Uju Peace Okeke, Lecturer, Faculty of Law, University of Nigeria Nsukka, Enugu Campus (UNEC)
