Congratulations
I must say hearty congratulations to my Chairman, Publisher, Prince Nduka Obaigbena (the Duke), on the well deserved honour of Commander of the Order of Niger (CON) bestowed on him by President Buhari last Tuesday. Keep making us proud, Duke.
Secret Societies
Last week, I discussed the fact that we pay no mind to our Vice Presidential and Deputy Gubernatorial candidates. Another matter that never comes up, is whether a candidate is a member of a secret society. Secret societies or secret cults or unlawful societies are already a menace in tertiary institutions, and different States have their own laws prohibiting the membership of same in Higher Institutions, and generally. For instance, in Gbenga Stephen v State (2013) LPELR-20178 (SC) per Peter-Odili JSC, the Supreme Court held that Section 11 of the Secret Cult and Secret Societies in Higher Institutions (Prohibition) Law No. 6 of Kwara State 2004 prescribes a ten year term of imprisonment and N50,000 fine upon being found guilty of contravening Sections 6(1), 7 & 9 of the Law. If University Secret Societies are anything to go by, nothing good comes out of them – they may pose more of a danger or threat to society, than anything good emanating from them. So, it is therefore, especially troubling, that many who could be in positions of authority in the land, can be members of secret societies. Activities that are clandestine, are usually activities that right thinking members of society will frown upon.
Definition of a Secret Society
Sections 66(1)(g), 107(1)(g), 137(1)(h) & 182(1)(h) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution) disqualify anyone who is a member of a secret society from running for the various elective offices – National Assembly, State House of Assembly, President, Vice President, Governor and Deputy Governor. In fact, Section 38(4) of the Constitution prohibits us all from forming, taking part in the activity or being a member of a secret society.
In Reg. Trustees of AMORC v Awoniyi 1994 7 N.W.L.R. Part 355 Page 154 at 178 per Wali JSC, ‘secret society’ was defined as “a society or association not being solely a cultural or religious body that uses secret signs, oaths, rites or symbols (a) whose meetings or other activities are held in secret; and whose members are under oath, obligation or other threat to promote the interest of its members, or to aid one another under all circumstances without due regard to merit, fair play or justice”. Also see PPA v PDP & Ors (2009) LPELR-4865 (CA) per Ariwoola JCA (now CJN). This definition is just one leg of the three-part definition of ‘secret society’ stated in Section 318 of the Constitution, which inter alia has other elements of a secret society including the fact that the names of the members of the society are kept secret, and membership of such society is “incompatible with the function or dignity of any public office under this Constitution…..”. Also see Odon v Barigha-Amange (No.2) 2010 12 N.W.L.R. Part 1207 Page 13 at 54 per Garba JCA (as he then was).
Despite the fact that the Constitution outrightly outlaws membership of secret societies for all in Nigeria, particularly making aspirants for elective positions ineligible for the positions by virtue of such membership, there have always been strong accusations against senior government officials/politicians, mostly in Southern Nigeria, of being members of secret societies like the Ogboni Confraternity, Okija Secret Society, Free Masons, AMORC (Ancient Mystical Order Rosae Crucis aka Rosicrucian Order) to mention but a few. So many different stories have made the rounds, of allegations of politicians in higher positions going to the extent of taking their appointees to the secret shrines of their cults, to swear oaths of allegiance to them (apart from signing undated resignation letters). See the case of Reg. Trustees of AMORC v Awoniyi (Supra).
Proof of Membership of a Secret Society
However, in order to prove that a person is a member of a secret society, it behoves the Petitioner firstly, to prove with evidence that the society comes within the definition of a secret society as provided in Section 318 of the Constitution to qualify as same. In Orji v PDP 2009 14 N.W.L.R. Part 1161 Page 310 at 401, the Court of Appeal per Ogunbiyi JCA (as she then was) held that the Petition in that case did not contain facts to the effect that the membership of the Okija Secret Society is incompatible with the dignity and function of public office, that it was not known to the public at large, that the names of its members were kept secret and its activities also held in secret; and as such, as pleaded in the Petition, the facts of the Okija Secret Society were not in tandem with the Section 318 definition of a secret society. This is not to say that Okija is not a secret society; it is simply that the Petitioner failed to discharge the burden of proving that it is, in this instance.
Following proof that a society qualifies as a secret society, in order to have an individual disqualified from running for elective office, the Petitioner must then prove that such a person is a member of the said secret society. This may be difficult to do, and it could be an uphill task to gather evidence in support of the allegation, since by virtue of its designation and nature, everything about the society is secret! While however, some secret societies do not hide the fact that they exist, many others do.
Criminal Offence
Being a member of a secret cult is an offence, punishable with imprisonment. See for example, Section 40-43 of the Criminal Law of Lagos State which provide for offences bordering on unlawful societies and cultism generally. Section 138 of the Evidence Act places a burden of proof beyond reasonable doubt in criminal matters; it may be tough to discharge this burden of proof, in the case of proof of membership of a group whose membership and activities are clandestine. See Odon v Barigha-Amange (No.2)(Supra).
Dangers of a Secret Society
The fact that a secret society is there to promote the interest of its members under all circumstances, reminds me of a part of the Closed Door Dialogue held by the Aig-Imoukhuede Foundation last Tuesday which I attended, where at least two of the Speakers, President Obasanjo and Professor Stefan Dercon of Oxford University, both asserted that there cannot really be any significant national growth or development in a country where individual interest, or in the context of this discourse, a secret society, the group’s interest, overrides everything else, even if it is detrimental to the nation. The selfish essence of secret societies therefore, also goes against the spirit of the Constitution which is meant to promote equity, equality, fairness, inclusivity and unity.
What also readily comes to mind is that, in protecting or promoting the interest of its members, many of the secret society’s activities will be discriminatory, contrary to Section 42 of Constitution, giving its members unmerited advantages based on their membership of the society, sometimes even criminal, like aiding and abetting a crime, or accessory before, during or after the fact. For example, if a member kills someone, and his fellow members happen to be placed in high positions in the legal profession, Police and the Judiciary, their common goal would be to get the offending member off the hook at all costs, even if he’s guilty, and even though murder is a heinous crime which is punishable by the death sentence or life imprisonment in Nigeria.
Another drawback of secret societies is that the promotion of their members is akin to partiality, nepotism, ethnicity, tribalism and the like, which has been one of the causes of regression in Nigeria – the sacrifice of merit on the altar of these anti-progressive elements; again since the secret society will promote its members “under all circumstances without due regard to merit, justice and fair play”, square or useless pegs will always end up in round holes, as long as the unlawful society is able to spread its tentacles and insert its members into vantage positions all over the place.
Conclusion
At the aforementioned Dialogue, President Obasanjo asked why Nigeria has not got it right. Aside from identifying lack of leadership as one of the reasons for our failure, he asked three pertinent questions, one of them being what the focal point or core goals of our nation is, because it is important to have identifiable goals that must be reached, to achieve national development. He asked: “What is our national objective, that we can all chorus in a simple statement?”. My answer to that question is that, our national focal point or objectives are encapsulated in Chapter II of the Constitution, the Fundamental Objectives and Directive Principles of State Policy, and the role of the three arms of Government, is to ensure that these goals are achieved. The bottom line is that, having members of secret societies in top government positions or elective offices is at variance with these core national values and goals, particularly Sections 16(1)(b) & 17(2)(a) which emphasise the happiness of every citizen and the equality of rights respectively, for secret society members, if they are elected into office, Chapter II of the Constitution will take a back seat to the interest of their group and members.
Above all, secret society members have no regard for the law, as even membership of same is not just unconstitutional, but a criminal offence, let alone some of their clandestine activities. Therefore, having them running the affairs of the country, is not the best. Unfortunately, proving membership of these unlawful societies within the boundaries of the burden of proof in criminal matters, is more than an onerous task.
P.S. Collection of Permanent Voter’s Cards
Nigerians, please, collect your Permanent Voter’s Cards (PVC). INEC’s statistics show that the South West has the highest number of uncollected PVCs – over three million. South South and North Central come in second, with over one million each; South East about 850,000, North West almost 750,000 while the North East has only 370,000 uncollected PVCs. Exercising our civic duty by voting, is the only chance we have to show our strength and try to effect the changes we desire, by electing those who we believe can do the job, especially now that, with the reform of the Electoral Act and the technology that INEC has introduced, more than ever before, there’s a higher likelihood that our votes will count.
