Last week, two issues caught my attention vis-a-vis Section 42 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), which prohibits discrimination on the basis of ethnic group, place of origin, sex, religion or political opinion – President Biden’s LGBTQI foreign policy, and stereotyping Fulanis/Fulani Herdsmen as criminals.
President Biden’s LGBTQI Foreign Policy
Last week, I watched the Anchors of our Arise ‘Morning Show’, briefly discuss the issue of Gay Rights vis-a-vis President Biden’s new foreign policy to, inter alia, protect the rights of LGBTQI (Lesbian Gay Bisexual Transgender Queer Intersex) abroad, and consider financial sanctions and visa restrictions on foreign governments (like ours) who not only oppose this practice, but have legislation in place criminalising same sex relationships. This is obviously a way to pressurise those of us who have criminalised same sex relationships and the like, to rescind our decision. In Nigeria for example, not only are such relationships believed to be alien to our culture, sodomy, unnatural offences and indecent practices between males have always been offences under the Criminal Code Act, Penal Code Act; and now, the Same Sex Marriage (Prohibition) Act 2014 (SSMPA) which is more specific and extensive.
This makes for an interesting argument. The members of the National Assembly (NASS) are the representatives of the Nigerian people. Therefore, when they enact a law, it is inferred that the law represents the desire of majority of their constituents. If this is so, this translates to the fact that majority of Nigerians are opposed to same sex relationships. As the saying goes, majority, and not everybody, carries the vote. Ergo, the first question to ask, is whether the preferences of the minority and that of a foreign State, America, takes precedence over that of the majority of Nigerians?
And while Section 17(2)(a) of the Constitution mandates equality of rights, obligations and opportunities for all Nigerian citizens which obviously includes those with same sex or unusual preferences, Section 42 of the same Constitution does not prohibit discrimination on the basis of sexual orientation or preferences, that is, LGBTQI is not one of the categories listed in Section 42 for non-discrimination. A community reading of Sections 17(2)(a), 37, 40 & 42(1)(a) of the Constitution seems to make laws like the SSMPA which seek to restrict an individual’s right to equality, freedom of privacy and association, null and void ab initio, but can we ignore the fact that in accordance with Section 45 of the Constitution, the SSMPA may be the law enacted to derogate from any fundamental rights provisions that may seem to permit same sex relationships, on the ground of public morality?
Whatever the case, the constitutionality or otherwise of the SSMPA and similar laws are seen by many as our Nigerian internal affairs, and nobody else’s; and that since same sex practices and the like are repugnant to our culture (which is obviously vastly different from the culture of America and other western civilisation countries), it is our prerogative to make laws which are suitable for our own purposes.
A query which also arises is that, as a sovereign nation, is America in the position to dictate to Nigeria which laws are acceptable or not? There exists the accepted principle of International Law of Sovereignty, which gives a country total authority over all its laws and activities within its geographical territory. Could it be that President Biden’s administration is observing this principle in the breach, by seeking to force African countries to go against their cultural norms and accept theirs? Or do you believe that President Biden is right, and that it is a fundamental human right for a person to choose whom they love, no matter their sex, and therefore it is discriminatory by virtue of Section 42 to deprive the LGBTQI the same rights as others? Some believe that this particular freedom is not at large, and must end somewhere, just as Section 45 of the Constitution derogates from the freedoms guaranteed us based on certain parameters. In Hungary, Finland and Romania, Bestiality or Zoophilia (having sexual relations with an animal) is legal. Will they impose sanctions on countries who do not accept this unholy and disgusting practice, or have sanctions been imposed on them by other countries for legalising same? Has America been sanctioned by African nations, for its unfair and sometimes brutal treatment of African Americans? No. My dear colleagues, please, share your opinion on this matter. Is it discriminatory and contrary to Section 42 of the Constitution, not to accord those with same sex or other preferences the same rights as heterosexuals?
The Fulanis and Stereotyping
The second issue is that of the kidnapping, rape and other forms of violence which formerly encompassed Benue State, but have gradually spread widely to other parts of the country including the South West, so much so that, last year, the South West Governors were constrained to take the initiative and form their Àmòtèkun to fight insecurity and protect their people; and this year, Governor Akeredolu of Ondo State was further constrained to issue an ultimatum that all occupants of Ondo State forest reserves who are predominantly Herdsmen grazing their cattle, register with the State Government or vacate the forests, which have been identified as the hotbed of criminal activities in the State, and indeed, in forests in most other States. I interviewed someone who narrated his ordeal of when he was kidnapped by Fulanis in broad day light in the Southern part of Nigeria, and taken deep inside the forest by his Abductors. He said that he met other captives there, one even killed in his presence. What struck him he said, was that the point of his abduction was only a few metres away from an Army checkpoint! He was beaten while he was in captivity for four days, and released after a N15 million ransom was paid. He told me that to date, he is still traumatised by the memories of his ordeal.
Instead of facing the issue of the Herdsmen crisis with the farmers, the destruction of their crops by Herders in order to nourish their cattle, destruction of homes and property, kidnapping, rape, and murder of innocent Nigerians, and how to eradicate these heinous criminal activities – people, including the Government (that should be taking affirmative action against these criminals), seem to have taken their eyes off the ball, and are more concerned about not stereotyping Fulanis/all Fulani Herdsmen as violent criminals. Hitherto, the lackadaisical attitude of Government in handling the Herders, further gave them the impetus to carry on with their dastardly activities with criminals seizing the opportunity to get a piece of the action, and this is now fast spiralling out of control into full-blown ethnic violence, with local communities reacting against the Herders and resorting to self-help to protect themselves.
The definition of the word stereotype which best suits this discourse, is that of Wikipedia which states thus: “In social psychology, a stereotype is an over-generalised belief about a particular category of people. It is an expectation that people have about every person of a particular group”. Going from the foregoing definition, it is obvious that only an ignoramus would believe that all Fulanis or all Herdsmen are violent criminals. However, good or bad, stereotyping is not a new concept which started recently with the Fulanis because of the Herdsmen crisis; it has been in the world from time immemorial. African American men, for example, have always been stereotyped as being criminals, especially by the American Police, because of the bad eggs amongst them.
When the lists of Nigerian drug pushers arrested in Saudi Arabia are published periodically, majority of those on those lists are Yoruba. Fact. Does that make all Yorubas who go to Saudi Arabia on religious tourism drug pushers? Of course not. Does it make the Saudis more suspicious of Yorubas and Nigerians in general? Possibly! Similarly, Igbos and Bendelites are famous for fraudulent activities better known as ‘419’ and ‘Yahoo Yahoo’. Fact. Does it make the Americans more suspicious of them and Nigerians in general? Yes. Similarly, if Herdsmen are being identified in the various parts of country outside their habitat, as the culprits responsible for destroying farms in order to graze their cattle, and then lately, kidnapping people for ransom and raping our sisters, it is not unusual for those people to identify them by their tribe, trade, religion or whatever singles them out easily, because they are non-indigenes of these areas of attack. What is the big deal? If Igbos and Yorubas can be stereotyped as Fraudsters and drug pushers, when we know that majority of us are law abiding people, what’s so special about stereotyping Fulani Herders as criminals, if a good number of them have resorted to engaging in crime these days? If the attack by the Fulanis/Herders has not happened multiple or enough times, and it was just a one-off incident, surely they would not have developed this reputation.
Governor of Bauchi State
To compound it all, the Governor of Bauchi State confirmed that many of the Herdsmen carry AK 47 weapons, ostensibly to protect themselves from cattle rustlers, since Government is not protecting them. In that same spirit of self-defence, should we all then bear arms, because of the insecurity that has pervaded our nation, as the Governor of Taraba State suggested? I think not. If that were to happen, Nigeria would become worse than the ‘wild,wild West’. I’m sure that the state of insecurity would not be this bad, if the Herdsmen had no access to weapons. The Governor of Bauchi then went on to conclude that the forests of Nigeria belong to all, and we can move about therein freely, citing citizenship provisions like Sections 23-25 of the Constitution as the basis of his assertion. Assuming that the Governor of Bauchi’s assertion that the Nigerian forests belongs to all Nigerians to do as they please therein is true (Section 1 of the Land Use Act 1978 says otherwise), Section 24(c) & (d) of the Constitution mandates every citizen to respect the dignity and legitimate interests of other citizens, and make positive contributions to the (host) communities where they reside, while Section 25 defines who a Nigerian citizen is. If it is true as many have been claiming, that the Fulani Herdsmen perpetrating these crimes are non-Nigerian Fulanis, they certainly do not possess the rights donated by the said Sections 23-25 of the Constitution to Nigerians; and on the other hand, if these Herdsmen are Nigerians, such rights donated by the Constitution do not give anyone the right to commit crimes, and in so doing, traumatise and brutalise others in the name of grazing cattle. The Governor is reminded that Section 41 of the Constitution grants every Nigerian, and not just the Herdsmen, the right to freedom of movement. This right has been greatly curtailed, for fear of attacks by criminals.
Discouragement of Stereotyping
The panacea to discouraging the wrongful stereotyping of the Fulanis as a people, is not by shoving the origins and history of the Fulanis as a peaceful, nomadic people down the throats of Nigerians on social media, or shouting the qualities of the Fulanis from the rooftops – we all have favourable histories and folktales! It rubs those who are victims of their criminality the wrong way, giving an impression that contrary to Section 42(1) of the Constitution, Government is according the Herdsmen special privileges, while ignoring their own plight, especially if the Government Spokespersons who should be denouncing violence and criminality, are the loudest voices in the objection to stereotyping. The fact that President Buhari has finally mandated the law enforcement agencies to clamp down on those found perpetrating these criminal activities, whoever they may be, is a step in the right direction. Most of us, including the Fulanis are peaceful and law abiding people, but we all have bad eggs amongst us. It is for Government to take decisive action against the erring Herdsmen or whoever the perpetrators of these heinous crimes are, and show concern for all equally, as Section 42 of the Constitution mandates. The primary purpose of Government is not the protection of people’s reputation, but the security and welfare of all the people (Section 14(2)(b) of the Constitution).
Government has made it clear that we should diversify our economy; that instead of concentrating only on oil, particularly as the revenue therefrom has been dwindling, agriculture which used to be the bedrock of our economy before the discovery of oil, must be promoted. Section 16 of the Constitution provides for the economic objectives of Government which includes harnessing Nigeria’s resources, promoting a self-reliant economy and national prosperity. How can our agricultural potential be achieved and maximised for our collective benefit, when farms in most parts of the country have become no-go areas for fear of kidnapping, rape and killing? At the rate we are going, if steps are not taken to fight this criminality, we run the risk of experiencing food shortages as a nation if farmers cannot access their farms anymore, let alone being in a position to harvest produce for export to other countries. The bottom line is that, just as meat is important, food is also equally as important! One cannot be the opportunity cost of the other, as that would be against the interest of all. In any event, everybody has the right to carry on their lawful business.
Conclusion
It is time for all to join hands and fight these criminals to a stand still, whoever they may be. Ethnic sentiments and sensibilities should be the least of our worries right now, as the inability of farmers to access their farms, or people to move freely from one place to another, or even live in their homes because of the fear of being attacked, is already resulting in dire consequences against us as a nation. Today, Edo women say they no longer go to their farms anymore for fear of being raped; Ondo farmers say they are jobless and hungry because their crops have been eaten by grazing cattle; Benue farmers too are suffering the same fate. Whoever the perpetrators of these dastardly crimes are – whether Yoruba, Efik, Urhobo, foreign or Nigerian Fulanis, Government/law enforcement need to deal with them decisively, to avoid Nigeria descending into a state of total insecurity and chaos. We want to attract FDI? How can? In a place where security cannot be guaranteed, foreigners are more likely to disinvest and leave. A word they say, is enough for the wise.
