By Emmanuel Onwubiko
In
section 147(1) of the 1999 constitution, the offices of ministers of the
government of the federation are created by law as may be established by the
president.
The
entire section 147 provides that:” (1) There shall be such offices of Ministers
of the Government of the Federation as may be established by the President. (2)
Any appointment to the office of Minister of the Government of the Federation
shall, if the nomination of any person to such office is confirmed by the
Senate, be made by the President. (3) Any appointment under subsection (2) of
this section by the President shall be in conformity with the provisions of
section 14(3) of this Constitution:- provided that in giving effect to the
provisions aforesaid the President shall appoint at least one Minister from
each State, who shall be an indigene of such State.
To
further highlight the strategic place of a cabinet level minister that section
of the grund norm further stated as follows: (4) Where a member of the National
Assembly or of a House of Assembly is appointed as Minister of the Government
of the Federation, he shall be deemed to have resigned his membership of the
National Assembly or of the House of Assembly on his taking the oath of office
as Minister. (5) No person shall be appointed as a Minister of the Government
of the Federation unless he is qualified for election as a member of the House
of Representatives. (6) An appointment to any of the offices aforesaid shall be
deemed to have been made where no return has been received from the Senate
within twenty-one working days of the receipt of nomination by the Senate.”
Then
section 148(1) (2) states that: “(1) The President may, in his discretion,
assign to the Vice-President or any Minister of the Government of the
Federation responsibility for any business of the Government of the Federation,
including the administration of any department of government. (2) The President
shall hold regular meetings with the Vice-President and all the Ministers of
the Government of the Federation for the purposes of - (a) determining the
general direction of domestic and foreign policies of the Government of the
Federation; (b) co-ordinating the activities of the President, the
Vice-President and the Ministers of the Government of the Federation in the
discharge of their executive responsibilities; and (c) advising the President
generally in discharge of his executive functions other than those functions
with respect to which he is required by this Constitution to seek the advice or
act on the recommendation of any other person or body.”
The
import of the above stated legal provisions is to highlight the imperative
essence of the cabinet level offices of ministers of the federation of Nigeria.
A nation with dead woods as ministers is as good as dead. A nation with
ministers who got their jobs based on political patronage and not merits is a
dysfunctional nation. The last scenario is playing out in virtually all facets
of our political life. One ministerial level position has gained notoriety for
crass incompetence and inertia.
Incidentally, the ministry has a name that is anachronistic given that
the concept behind the naming of the ministry is no longer tenable. I mean the
ministry for Women affairs. What women affairs you may ask?
One
of those ministries as stated earlier is that which is known as ministry of
women affairs which as I write is headed by a politician of Plateau state
origin who was once the deputy governor of her state by name Mrs. Pauline
Tallen.
However,
not much impacts have been made by that ministry in the area of mainstreaming
of respect for the child right law in the governance structure of Nigeria just
as there is a lacuna regarding the role of the ministry of women affairs to
confront the demon of trafficking in children and girls and the rapidly
expanding frontiers of sexual violations of children of all genders by adult
predatory rapists. There are no milestones identifiable as a brand of the
current ministry for Women affairs.
The
minister of women affairs operate as if her position in government is
ceremonial and not that created by law to assist the president to effectively
implement policies and carry out projects to advance the human rights of women
and children.
The
general state of laxity on the part of that ministry has compelled the question
of what is the place of affairs of girls in the context of a women affairs
ministry.
Also,
why is the ministry of women affairs not in the forefront of waging advocacy
campaigns to improve the extant near moribund laws against rape which the male
dominated National Assembly will rather hurriedly approve #37 billion to
renovate their offices than to amend and unify all relevant laws to wage a
determined war against rapists?
The
near absence of any form of passion on the part of officials of the Federal
ministry of Women Affairs to fashion out effective legal frameworks to battle
the rising scourge of sexual violations of the Nigerian child, made me think
that Nigeria needs a ministry for family values and family affairs and not this
bogus name of women affairs which totally lacks the girl’s right contents.
Let
us quote from the book of Michelle Obama titled “Becoming” in which she wrote
thus: “AS SOON AS I ALLOWED MYSELF TO FEEL ANYTHING for Barack, the feelings
came rushing – a toppling blast of lust, gratitude, fulfillment, wonder. Any
worries I’d been harboring about my life and career and even about Barack
himself seemed to fall away with that first kiss, replaced by a driving need to
know him better, to explore and experience everything about him as fast as I
could.”
“Maybe
because he was due back at Harvard in a month, we wasted no time being casual.
Not quite ready to have a boyfriend sleeping under the same roof as my parents,
I began spending nights at Barack’s apartment, a cramped, second-floor walk-up
above a storefront on a noisy section of Fifty-Third Street. The guy who
normally lived there was a University of Chicago Law student and he’d furnished
it like any good student would, with mismatched garage-sale finds. There was a
small table, a couple of rickety chairs, and a queen-sized mattress on the
floor. Piles of Barack’s books and newspapers covered the open surfaces and a
good deal of the floor. He hung his suit jackets on the backs of the kitchen
chairs and kept very little in the fridge. It wasn’t homey, but now that I
viewed everything through the lens of our fast-moving romance, it felt like
home.”
I am
as passionate as she (Michelle Obama) is to demand that the ministry of women
affairs embrace the issues of girl’s rights in a much more devoted way like a
maiden who has just fallen in love with her would-be spouse as espoused in the Michelle Obama’s book.
Of
course, the passion to demand accountability from the ministry of women affairs
was sparked off by the regularity of the occurrences of the worst and most
depraved kinds of sexual violations of Nigerian children to an extent that the
only feasible panacea is to introduce chemical castration as a legal penalty
for rapists.
Reading
through the press daily, will present the grave degree of sexual violations and
molestation of children by lawless adults who are emboldened by the presence of
officials in the policing institution who are at home with impunity and are
willing to compromise any investigative activity that treats the case of rape
of children once the accused person can buy his way out. The snail speed
justice system in Nigeria is another obstacle to tackling vicious cases of RAPE
of children. The list of culprits of this crime against humanity is expanding
but the lists of cases that are prosecuted in the courts of law are few and far
between. Nevertheless, the pressrun overwhelming percentage of cases of sexual
violations of children daily. Thousands of more cases are not usually brought
to the media domain due to poverty of many families and many other inhibiting
factors.
On
June 26, 2019, it was reported that a 65 year-old man, Bayo Akinwete, was
dragged before an Ado Ekiti Magistrate’s Court for allegedly raping his
5-year-old daughter (name withheld) severally.
The
court, presided over by Mrs. Kehinde Awosika, also heard that Akinwete gave the
small girl alcoholic drink to intoxicate her and perpetrate the crime.
Police
prosecutor, Insp. Monica Ikebuilo, told the court that Akinwete allegedly
committed the offence on June 18, 2019 in Olorunsogo area of Ado-Ekiti within
the Magisterial District.
According
to the prosecutor, the victim told the police that she and her 9-year-old
sister were living with their father, while their mother had abandoned them
with him.
The
prosecutor disclosed that the victim said that there was a day, her father gave
her an alcoholic drink to drink, saying when she woke up, she saw her father on
top of her.
Ikebuilo
added that the victim told her interrogators that it was not the first time her
father would sexually assault her, saying “he has been doing the act for some
time”.
She
said that the victim stated that their father would tell her younger sister to
hold and massage his manhood.
The
prosecutor said the victim reported her father to their neighbour who promptly
reported the case to the police.
Ikebuilo
said the offence contravened Section 31 of the Child Right Law of Ekiti State,
2012.
The
plea of the accused was not taken.
On
July 19th this year, came another damaging report that a 37-year-old guard,
Wasiu Orilonise, has publicly confessed that he raped his 15-year-old daughter
for verification of her virginity and protection.
Wasiu,
who appeared in Oyo State Magistrates’ Court sitting in Ibadan, however,
appealed to the court to forgive him as he did that only to confirm if her
daughter was still a virgin.
The
prosecutor, Mr Sunday Ogunremi, told the court that the accused had, sometime
in December 2018 at Omo village, Agbofieti, Ibadan, in the Ibadan Magisterial
District, raped the victim without her consent.
Ogunremi
said the offence was contrary to and punishable under Section 34, sub-sections
1 and 2 of the Child Rights Law of Oyo State of Nigeria, 2006.
The
plea of the accused was, however, not taken during the arraignment.
When
the Chief Magistrate, Mr Taiwo Olaniran, sought to know what pushed him into
defiling his biological daughter, Orilonise said since he lost his wife a few
years ago, he had been taking care of the victim and her siblings.
Around
September of this year, the news has it that Justice Muslim Hassan of a Federal
High Court in Lagos on Friday sentenced a 58-year old farmer, Yesiru Onajobi,
to a jail term of 10 years for rape and defilement of his teenage daughter.
The
Judge, who noted the rising wave of rape in the society, ordered that the
convict would serve 10 years imprisonment without option of fine.
The
News Agency of Nigeria reports that the convict, a resident of Bogije St.,
Ibeju, in Lekki Lagos, was charged to court in 2011 on a two-count charge of
having carnal knowledge of his 13-year-old daughter.
He
was prosecuted by The National Agency for the Prohibition of Traffic in Persons
(NAPTIP).
The
Prosecutor, (NAPTIP), had told the court that after the death of Onaboji’s
wife, he took custody of his only daughter who is a twin, while her brother was
with relatives.
The
convict was said to have engaged in repeated sexual adventures with his
daughter, with whom he shared the same bed and restrained her movement or
interaction with neighbors.
Moses
Okechukwu a 28-year-old man, was arraigned before a Badagry Chief Magistrates’
Court in Lagos State for allegedly raping a 13-year-old girl around July of
this year.
Okechukwu,
whose address was not disclosed, is facing a three-count charge of rape, sexual
assault and trying to escape arrest, to which he pleaded not guilty.
ASP.
Akpan Nkem, the Prosecutor, told the court that the defendant committed the
offences on July 15, at No. 2, Chukwuma Close, Jakande, Ajangbadi, Lagos.
According
to Nkem, Okechukwu forcefully had sexual intercourse with the girl without her
consent.
“The
defendant forcefully penetrated the girl’s private part without her consent.
“He
also assaulted one Chukwuemeka Okereke while trying to escape arrest,” the
prosecutor said.
Ikem
said that the offences contravened Sections 168, 258 and 170 of the Criminal
Laws of Lagos State, 2011.
Mr
Patrick Adekomiya, the Chief Magistrate, admitted the defendant to bail in the
sum of N500,000 with two sureties in like sum.
Then
came yet another story in the same year that an Ikeja High Court, sentenced to
13 years’ imprisonment, a 22-year-old baker, Lawal Kamoru, who led a four-man
gang that defiled a 14-year-old girl.
The
News Agency of Nigeria (NAN) reports that Justice Raliatu Adebiyi found Kamoru
guilty and convicted him on a one-count charge of defilement, contrary to
Section 137 of the Criminal Law of Lagos State, 2011.
Adebiyi
held that the age of the victim and the psychological trauma she experienced
were considered while sentencing the baker.
“The
defendant is hereby sentenced to 13 years’ in prison custody,” she said.
State
counsel, Mrs O. R. Ahmed Muili, had told the court that the convict and three
others (now at large) took turns to defile the teenager in an uncompleted
building on Feb. 1, 2014, on Oluwanisola Street, Ilaje, Bariga, Lagos State.
NAN
reports that the victim while giving evidence during the trial, said that she
and her younger sister (name withheld), were on their way home from a church
vigil at 5.00a.m when the crime occurred.
She
said they were accosted by the convict and his accomplices who commanded them
to kneel down, adding that the four men took turns to rape her inside an
uncompleted building.
The
teenager identified the convict as the leader of the gang.
“I
was returning from church with my younger sister at about 5.00a.m when they
stopped us and ordered us to kneel down.
“On
sighting some people coming on our direction, they ordered us to get up and
go,” she said.
Can
I call on the Women Affairs Minister to set up a DOMESTIC AND GENDER VIOLENCE
DEPARTMENT so early warning system is put in place to capture data of cases of
sexual violations of children. The idea by NAPTIP to set up a national data
bank of sex offenders should be sustained and the Federal and state offices of
women affairs should embrace the scheme and support it.
*Emmanuel
Onwubiko is the Head of the Human Rights Writers Association of Nigeria
(HURIWA) and blogs @ www.huriwanigeria.com;www.huriwa.blogspot.com;
www.thenigerianinsidernews.com; www.emmanuelonwubiko.com.