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Mar 2 14 tweets 4 min read
Not sure I had the prescient mind of the sage to have known or predicted the outcome. I merely made my prediction on the basis of what I thought was missing: lack of attention of women groups to this issue.
The result of yesterday raises other issues. I'll summarise them
The problem here goes back to 2014. When the dominant section of our women's movement climbed on the partisan bed, it was bound to get lost in the anti-women politics that began to take root from 2015. The women's movement is still lost in the politics of itself.
The bills on women were in the public space for almost a year, question is: what did the movement do, in terms of lobbying, clarifying and identifying new approaches to enhance its cause. Nothing I presume. Nothing.
You don't cry when the head is off, my people say in Edo
I saw the bills in advance, while working with one of the largest partisan groups in the House. I drew attention to the discriminatory provisions of Section 26 of the Constitution 1999 which clearly exclude women from conferring citizenship on husbands
A better approach I advised was to amend Section 26 (2) (a) or Section 14 of the Interpretation Act without necessary causing a fuss or raising the suspicion of patriarchal politicians in NASS. Well, while it was accepted that my advice would address the problem, it came too late
I think @solomonapenja and @amasonic tried to get round the problem posed by Section 26 (2) (a) in their quoted tweet yesterday; but the premise of their tweet was flawed as it didn't take account of the jurisprudence on interpretation. I will explain.
If you look at Section 26(2) (a) and (b), you'll see that the drafters of the Constitution clearly intended to discriminate against women by the use of "any woman" (in S.26 (2) (a)) and "every person" (in S.26(2)(b)).
If the drafters had used "every person" in S.26(2)(a)
the canon of interpretation which relies on gender neutrality would have been used to give meaning to the very problematic and discriminatory section.
But, @solomonapenja and @amasonic canvased a position that doesn't provide any solution to the problem; it problematizes it
Their view that Section 14 of the Interpretation Act can be used to go round the problem in my view doesn't take account of the Masculine Rule in which Section 14 is founded. They suggest that where the feminine gender is used in an Act, it includes the masculine gender or males
My response to them is this: no, it doesn't because Section 14 of the Interpretation Act is not founded on the Two-Way Rule of Interpretation. If it does, the Interpretation Act would have stated that where reference is made to a woman, it includes man or vice versa

Or:
Where reference is made to a woman it includes man; or where reference is made to a man it includes woman.
I admit as they did that Section 26 (2)(a) hasn't come for interpretation by our courts, my view is that we can find jurisprudential guidance from the old English decision
of R v Crosswaite (1867) 17 ICLR 463 and the brilliant work of the legal scholar, Elmer Dreidger, 'Are Statutes Written Only for Men?'.

Going forward, all womens groups have to do is to propose an amendment of Section 26 (2)(a) by removing "any woman" and inserting "any person"
Or in the alternative, propose an amendment of Section 14 of the Interpretation Act to take account of the Two-Way Rule of interpretation of statutes.

The problem with struggle in our country is that there's so much passion and no rigour of scholarship. Illiteracy abounds
Good morning from the sanctum sanctorum of the shrine

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More from @AbdulMahmud01

Mar 1
Three bills on affirmative action for women, bills on Abuja mayoralty and appointment of minister from FCT may invariably be setting constitutional landmines for the future.
The G.O explains.
When the public policy on affirmative action is elevated to a constitutional imprimatur, without timelines for achieving the purpose of affirmative active, which is adequate representation of the disadvantaged group, you're setting up the backdoor path to mediocrity.
We've seen how the backdoor path leads to mediocrity with the quota system, first introduced as a public policy by the Constituent Assembly, 1977. Wthout timelines, we've forever implemented the quota system. The disadvantaged groups haven't improved
Read 4 tweets
Feb 10
High time we begun to ask what the Chinese are doing in the backyards of our country. Even in the remotest areas where there's no evidence of governance.
Here: they're doing illegal mining, deforestation, or hunting our endangered wild life species.
They collaborate with local traditional institutions, state officials and local police that provide cover and protection to them. In some remote parts of Toto in Nasarawa, they have huge mining camps that are heavily protected by the local police.
Where they're not digging our earth, they are seizing farm lands in states like Jigawa and Kano. In others like Imo state, they set up manufacturing companies as covers. In truth, they are into criminal deforestation and hunting in our wild.
Read 5 tweets
Feb 10
No basis for "giving a thoughtful answer" to the second question because both rights don't enjoy same sense of equality and proportionality. We are advansing our responses as if there's an equation of human rights and animal rights in this Kurt/Cat saga. There isn't.
We should distinguish human rights from animal rights. Did Kurt have the human rights to kick a cat whose rights are protected by such laws as Cruelty to Animals Act UK and Animals Welfare Act UK? No. So, how does his rights now equate animal rights?
We miss the boat when we cite other examples that have no specific bearing on the Kurt/Cat saga. There are specific laws which guide the way we treat animals, even here in our country. Though Kurt is in breach of those laws, criminal proceedings haven't been filed against him
Read 4 tweets
Feb 10
The kick on the cat has rightly sparked reactions that pit two cultural relatives against themselves: 1. How can we love our pets and place them above the cultural relatives of those who insist on man's dominion? 2. Are animal rights more important than human rights?
I don't intend to weigh into the correctness of both relatives than to insist we appreciate the cultural boundaries of both relatives. In societies where care for animal pets such as cats and dogs evokes human emotions of love, empathy and compassion, the "outsider"
must learn to live by the rules of those societies. Respect for animal becomes an ethical issue. Same way that these societies cannot impose their deontological practices of love for pets on those who consider animals as utilitarian and can be disposed off
Read 6 tweets
Feb 9
Edo North is in the grip of kidnappers. Between Ibillo on the tip of the north-west to Agenebode on the north-east tip, there are no safe havens for the locals. Sad thing is that there are two military bases - in Auchi and Agenebode- and kidnappings occur unabated.
The low valleys, stretching from Obeh River, near Fugar, to the Highlands of the Three Ibies; and the vast forests stretching from South Ibie through Ekperi to villages on River Niger have become wilderness for kidnappers. Every victim points to Fulani herdsmen.
They've taken over the forests, perpetuating grievous attacks on the locals. Women are raped in their farms and men are snatched from homes for ransom.
If the State, backed by its enormous power, is interested in addressing the menaces of these criminal herdsmen, it would.
Read 6 tweets
Feb 8
Absolutely. My friend and classmate, Victor, was killed by a reckless driver on Sapele - Ogorode Road in 1977. I was a witness. The road had split my primary school, Wesley Primary into two. We were on the one-half playing football when commotion began.
We wrestled the boys who seized our ball to the ground and ran. I threw the ball to Victor, who dashed across the road to main school. He didn't look. He was killed instantly. I fled home, weeping.
Police turned up that day and measured the scene. Came around and spoke with me.
I was 9 years old. Victor, an only son at the time, was my best friend.
I still have pictures of that moment in my memory.
Driver was guiltless. Tyres marks showed he wasn't speeding. He stopped and fled with the child to the hospital. Reported himself to the police later
Read 4 tweets

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