Tuesday, January 21, 2014

The Rule of Law, beyond our bias or prejudice -- A Nigerian case study.




"We are closed-minded about at least one thing, there is no man without bias or prejudice" -- Ademola Adesina --20/01/2014.

Without clinging too much on any arguments or topic, I will like to make clear some points, issues and debated opinions that are associated with laws, rules and doctrines guiding the conducts of humans in different parts of the world as defined by the laws of the land. I recently read a very sane argument in response to a topical issue (that I will try as much as I can to avoid) currently turning, twisting and distracting Nigeria from the reality of her situation and I have decided to first, redefine this comment and use it as a yardstick for my arguments.
  • §  Human rights are a subset of the permission granted by the law of the society in any given society and as derived or defined by the laws guarding such society, the norms, culture and tradition of the society as provided for by the constitution or institutions guarding the commonwealth of society.
  • §  The laws governs and stay supreme in every society, therefore crime, and associated punishments are defined by the legal system, as defined by the LEGISLATIVE, and in the absence of provision for such in the constitution or laws of the land, a supreme office or majority vote defines  the consequences of such in democratic manner
  • §  Laws, crime and punishments therefore differ from state to state. A crime in state A, is not necessarily a crime in state C. Neither are fines, or sentences. A good example of this application of the law is the legal and Judicial system in the United States of America. While it is legal to carry a firearm and display it in some states, it is totally illegal in other states, some states adopt the jury system while in others, the judges decides. Based on this, your rights differ has you travel from state A-Z, meaning your rights are subjective to the dictates of the Rule of Law in every society, and this rights are defined by the "Rulership" or Leadership of the society as stipulated in the law.
  • §  If the law says, "SMILING" is a crime, and thy punishment is "FROG JUMPS" for breaking that law, It is wisdom to conform, or relocate until such a time that the law is reviewed to accommodate smiling, or your views or personal judgement become popular enough to effect a change in the Rule of Law guiding the society.
Thanks to Daginie a commenter for providing me with the blue print.

A few days ago, BBC reporter Jon Sopel explains how explained with excitement how Sheikh Mohammed bin Rashid Al Maktoum, the Prime Minister and Vice President of the United Arab Emirates, and constitutional monarch of Dubai had the aviation system of Dubai shutdown for close to an hour because he was having an interview, the BBC correspondent called it "Power" but I bet if it was Goodluck Ebele Jonathan that did the same in Nigeria, the BBC reporter Jon Sopel would have simply tagged it "Abuse of Power" in glittering words.

It is a crime for couples, married, single, dating, honey mooning etc to show public display of affection in the UAE (straight or gay), this rules are not written in "Neon Signs" at any airport or seaport in Dubai, Doha, Qatar or any other part of the UAE, and your nationality or naivety is not an excuse for breaking it. The same goes for homosexuality, alcoholism, brigandry, prostitution and others, with each of this crimes attracting not less than 10 years imprisonment. Imagine touching your spouse' cheek in a mall and getting arrested for it. I have read and heard of cases of European nationals, Americans and other citizens of the world being caught and punished for this acts but I am yet to read of any sanctions, threats or demands from this cock sucking imperialist concerning the "Laws of The Land" in this Middle East countries, but instead, Dubai was recently awarded the right to host the world at the "2020 World Expo" despite the fact that it is an antigay, anti-drinking, anti-prostituion etc... society. I heard Canada just called off the state visit of GEJ for reasons I will assume, and I've read about threats of sanction and comments from government and people across Europe and America…. Aren't we all just hypocrites?

I am waiting to hear the world famous excuses of my case study, UAE being an Islamic region. Only a fool will bring up this argument on the ground that Nigeria is a secular state. If Sharia is practiced in Nigeria and the government of the country spend tax payers money to send pilgrims to Israel and Saudi Arabia every year, then I will argue that Nigeria is rather a religious entity and should be guided by the tenets of her belief system at one point or the other.

The deceptive gospel of equality and oneness is preached from Abeokuta to Zaria, and a cloud of the non-existent unity shrouds us, a brain child of such gospel is the Unity Schools. The laws that preaches this equality and unity exhibits the highest level of inequality in this so called Unity Schools. 

A child from Yobe with a score of "5" in the entrance examination stands a better chance of gaining admission into a Nigerian Unity School than one from Akwa Ibom with a score of "150" and the one from Badagry is even doomed because he/she must score "250" to beat the competition from Yobe and Akwa Ibom because the law says so. I'm yet to see Nigerians come out en masse online and on ground to decry this illegality and anomaly in the name of educational opportunity imbalance, but here they are with the rest of the world discussing gay rights. Aren't we all just religious bigots hiding under the mask of human rights. Correct me if I am wrong, which of this two situations should be fought tooth and nail by both the local and international community, the Equal Right To Education or the Right To Pick A Sexual Partner, male or female which is supposed to be a totally private affair? Aren't we just so miserable?

A friend once wrote on his Facebook wall a few years ago when Barack Obama became the first American president to concede to homosexual rights, she said 
"In 1993 when I got to the USA, homosexuality was illegal and a taboo, over time it got less attention and in recent years became acceptable with a lot of people still frowning at it. Now it is legal, I better head back to Nigeria before this Nigga makes it compulsory, I love my shit hole tight"
In the USA, it is illegal to show anybody drinking alcoholic beverage in its advert even though alcohol consumption is legal, it is illegal to smoke in public in some countries while Smoking Point are built for smokers in others, I've even read about "Quickie Points" installed in public parks in France, while a "Propaganda of nontraditional sexual relations" an anti-gay bill was recently passed into law in July 2013 by Vladimir Putin in Russia, this will not stop Mother Russia from hosting the Winter Olympics.

Prostitution and Marijuana has been legal in the Netherlands for decades but I heard MJ is now legal in Colorado alone in the whole of the USA, while prostitution is still totally illegal. I'm of the opinion that prostitution should be legal all over the word, "it's our body we can so what we want to" like Miley Cirus said, we shouldn't require a license to sell it like they do in Netherland, and should be able to frolic as we like in the malls and beaches of Dubai.

We must all learn to dump the cloak of mediocrity and hypocrisy, put on the garments or wisdom and reality and learn to live and abide by the Rule of Law as stipulated by constituted authourity. If the Nigerian laws says smiling is a crime, you'd better learn how to frown permanently until you can influence it through participation, instead shouting and pointing to another country where the law says it is legal to smile, but if the shouting will keep you frowning, keep shouting, else relocate. 

The human right of Nigerians is defined by Nigerian law and will not be changed by ranting of the crown or the wailing of the northern continent. If indeed Nigeria is a member of an international body that nominates a particular way of life, she's also member of the commonwealth nations, so I ask a similar question Japheth Omojuwa asked in one of his recent posts, "Why should I require a visa to visit any Common Wealth state, or transit visa when going through their borders or pay thrice the tuition when I choose to study in the United Kingdom?" The answer is simple, the UK law supersedes any commonwealth law, putting her interest before the interest of others, therefore the same applies to Nigeria as a nation in the best interest of her people. Our spiritual mandate Nigeria is to subdue the earth, that's why my father gave birth to six and his brothers did more, same reason our goat headed senators supported teenage marriage and it became law. Get used to us, it is in our nature to be productive and fruitful. Selah!

Nigeria as a state is independent and posses the power and right to define her human right. The people have voted, elected or selected their rulers or leaders constitutionally either by hook or crook and have accepted the Constitution that places our legislators in a position to make laws and decide the polity, rights and rules of the Nigerian state, and therefore they are duty bound to live by the laws enacted by the legislative until such is ammended. Remember, I am bias and the Rule of Law is always wearing a mask, Full Stop.
 

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