₦airaland Forum

The Senate, Yerima And The Child’s Right By Ayo Turton
July 19, 2013 - 15:27 — siteadmin
By Ayo Turton
The social media - Twitter, Facebook, different yahoogroups and what-have-you are all buzzing, my in-boxes on all my email accounts have been busy, text messages have not been spared, it has gone spiral that the Nigerian Senate has passed a law that made it right to sexually abuse our minors through forced and premature marriages. Some say the law relating to marriageable age in our Constitution has been removed. Petitions are flying right, left and center to the United Nations, Human Rights organizations across the world and anyone that may care to listen, all requiring me to sign in on the petitions, when I could not ignore the deafening intrusions again and when the name of that guy that bought a baby girl from Egypt for a wife (I mean he is old enough to be her ancestor) keep popping up in all the messages, I decided to get off my butt and get involved and informed.
But then it took me just a few phone calls and a quick check on the content of our Constitution to discover that it is just a storm in a tea cup. It turned out that what happened on the floor of the Senate has absolutely nothing to do with a child’s right or marriageable age.
Now what really happened; a Senate Committee made recommendations for the amendment of Sections 26 and 29 of the Constitution that dealt with Citizenship and Renunciation of Citizenship respectively.
Section 26 of the 1999 Constitution states as follows:
26. (1) Subject to the provisions of section 28 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that -
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and
(c) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.
(2) the provisions of this section shall apply to-
(a) any woman who is or has been married to a citizen of Nigeria; or
(b) every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.
For gender balance, the word “woman” @ section 26 (2) (a) was recommended for removal to cover “men” as well, the amendment passed without an incident.
It was recommended that Section 29 (4) (b) of the Constitution be removed as infringing the right of a child because it purportedly remove the maturity age for a child to marry, I do not think so.
Here is what Section 29 of the Constitution says:
(1) Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.
(2) The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.
(3) The President may withhold the registration of any declaration made under subsection (1) of this section if-
(a) the declaration is made during any war in which Nigeria is physically involved; or
(b) in his opinion, it is otherwise contrary to public policy.
(4) For the purposes of subsection (1) of this section.
(a) "full age" means the age of eighteen years and above;
(b) any woman who is married shall be deemed to be of full age.
The clause that is really causing this unnecessary hullabaloo is Section 29 (4) (b). That clause has always been part of our laws, but the Senate moved to remove it as infringing on child's right by making every married woman an adult. At the taking of the vote for the first time, they got two-third to remove it from the Constitution. But Yerima stood up and whipped up religious sentiment by galvanizing his Muslim brothers who ignorantly believed him into action. When the peace was threatened, David Mark, the Senate President capitulates and asked that the vote be taken again, at this point they were no longer able to garner two-third votes to remove the provision from the Constitution, so it remains.
Now to the legal issue:
Section 29 (4) CLEARLY states: "for the purposes of subsection 1"
Section 29 subsection (1) CLEARLY states: "Any citizen of Nigeria of full age WHO WISHES TO RENOUNCE HIS NIGERIAN CITIZENSHIP (emphasis mine) shall make a declaration in the prescribed manner for the renunciation".
This is called "narrow definition” Subsection (1) narrowly defined under what circumstances the definitions stated at clauses (a) and (b) would be applicable.
Therefore clauses (a) and (b) of section 29 (4) are only relevant to "renunciation of citizenship" alone.
What made this clearer and should leave no one in doubt is the fact that clause 29 (4) (a) re-emphasized that “full age” shall be 18, but if you are already married, for the purposes of renunciation of citizenship you shall be automatically qualified to do so even if you are not 18 yet. Because you are deemed of "full age" for renunciation reason based on the unambiguous definition given by subsection 29 (1) In any case S. 29 (4) (b) is referring to someone already married not about-to-marry.
As a matter of fact, if you ask me, the Constitution as it is, threatens Yerima status than support it. He is married to a baby-girl from Egypt. If that girl suddenly realizes that she has been forced into a marriage with a man old enough to be her ancestor, she can independently renounce her citizenship and take the next train to Egypt.
But then, we should seize on this opportunity to pressurize our Senators to make express laws against child’s marriage and abuses. The statistics with regards to cases of Vesico-Vagina Fistula (VVF) in the part of the country where childhood marriage is practiced is not encouraging at all. Let us properly redirect our anger to achieve the desired result, because it is apparent that even the Senate is lost on this, if they think that removing S.29 (4) (b) would take care of a child’s right, they have got another think coming, they need to consult their lawyers more.
That section is more useful for a foreign child that has been forced into a marriage than it can benefit anybody when removed.
Ayo Turton is a US-based lawyer.

Okorocha

Do the Presidency and the PDP sychophants need all this show of force or let me say show of shame. Instead of the ruling party to sit down and think of how they will solve the myriads of problem facing our country, they are busy running after a governor over a perceived ambition that has never been shown in the public. If the Presidency and the PDP had let alone Governor Rotimi Amaechi, he wouldn't have been made more relevant than this. All this persecution, oppression and victimisation on Rotimi Amaechi will only make him more popular and as a result, they will turn him to an hero by circustance. They should learn from Rashidi Ladoja's case. Ladoja was made an hero in Ibadan due to the treatment the then President, OBJ and the Late Alh Lamidi Adedibu meted on him unjustly. Today, Ladoja has a more electoral value in the SouthWest than Obasanjo. I stand to be corrected.
President Jonathan should think before he leaps.

JONATHAN JOHNSON?
So this man don become the AIG! If you can remember vividly, this man was the Commissioner of Police in Oyo State during the time of Ladoja. He was the one that provided the police cover for those who illegally impeach Ladoja. People used to call him "jonathan Adedibu" then because of the dirty jobs people believed he was doing for Adedibu then.
So Amaechi should beware of him o

Good for them. It shows that nobody is above the government. I support the same military onslaught and air bombing for any militant in the niger delta that flex musscle again after the amnesty has been given to them

And you people were castigation Rauf Aregbesola of Osun State for employing private security guards for himself.

This is how to identify religious hypocrites. They put religion on everything and if you check their secret, it is full of dirt

Some pple here believe that Nigerian politics is physics or chemistry. Nigeria needs a President that has integrity to fight corruption. If Maruwa is chosen, he would not be diference from GEJ because those corrupt politcians and civil servants e.g directors and permanent secretaries are those to continue thier looting business. Anybody including an slowpoke can rule Nigeria better but if corruption is not fought, even Bill Clinton cannot perform a miracle in Nigeria. It is not that Jonathan no get sense to rule but he chose to give corruption a reign and the effect of it is telling on his government. On the ticket, the success of APC is between the North and the South West. Most SE states are for PDP with the exception of Imo, Okorocha. No party in this condition would field a region that can only deliver just one state where the six southwest state is sure for them with the present PDP crisis and the marginalisation of Yorubas in the GEJ government.

Why all these noise about El-Rufai tweet. El-Rufai only RE-TWEETED what somebody wrote and he has appologised for that. I can see that Doyin Okupe has been given an office in CAN's leadership.

DON'T CRUCIFY ME OOO.
NIGERIA 1 MALI 2

WHEN IT IS THE TURN OF CORRUPTION RIVALRY, THEY SHOULD PLEASE INVITE NIGERIA. I PROMISE, WE WILL BEAT THEM ALL.

I dont know why some pple are so daft like this. Reuben Abatti pointed an accussing finger at Buhari over the 2011 Post Election violence and Buhari went to court. Now the Presidency is begging Buhari for settlement out of court over this because they have no fact linking Buhari to it as evident from the Lemo Panel Report. Now another educated illiterate nairalander is repeating the same blunder his master in Aso Rock committed that is making him to beg Buhari now.

The same government of Jonathan that appointed Ribadu is the same government that appointed Oronsaye into the committee to frustrate the effort of Ribadu. That probe of Petroleum Sector Jonathan did was not to sincerely to sanitise the sector but was a done to divert attantion away from the subsidy removal. Oronsanye and some others were planted there to scuttle the work of that committee.
This is the reason Buhari said than he wont serve in any capacity umder corrupt PDP government.

Thei problem with Nigerians is the abuse of everything. The law has been there since but Saudi Government waived. The essence of that law is to prevent unholy relationship between the pilgrims for opposite sex but Nigerians have shown their colour. Right from the airport in Lagos here, you see a lot of funny things. Fornication is the order of the day especially among those sponsored by politicians. I work in the airport and i see a lot of shameful conducts among the Nigerian pilgrims. They also carry this stupidity to Saudi Arabia. They have this slang "alarafa mi" that is my "pilgrim love". The Saudi Authority hear this, they see this and they have to put a stop to it by enforcing the law down rules.

The same SSS that accused The Osun State Governor of seceding over the " Osun Anthem" is now keeping mum on this Bayelsa Flag.
Nigerian SSS, an eye-service and a complete partisan security agency.
AND WHERE ARE THOSE EDUCATED ILLITERATES ON NAIRALAND SPEWING RUBBISH AGAINST AREGBESOLA THAT TIME?

Jimoh Ibrahim is about to collapse AIR NIGERIA. Let the FG take the airline over from him.

Bros, dont leave uk now. Give yourself like five year to perfect your coming back. Try to look for what you can be taking into uk from from naija and what you can bring into naija to sell. As you come home and go back to do buy and selling. You can become something there and pray to God b4 you start anything.
Or you can get a trailer truck with that money and look for somebody who is very good in handling transport business in Apapa to partner with. Just give out like 60% of the capital and let the person contribute like 40% and you write down the deeds of your patnership. And try to be an active partner in the business so that you yourself can know the nity grity of the business. There is money in the business. I have a brother doing it.

AGBEROS, TOUTS ARE OPERATING UNDER THE NURTW WHICH IS PRESENT NATIONWIDE. EVEN JONATHAN HELD MEETING WITH THEIR NATIONAL ESCOS BEFORE THE 2011 ELECTION. SO IN A NUTSHEL, TOUTS POPULARLY KNOWN AS AGBEROS ARE NOT PECULIAR TO LAGOS ALONE.

Kai!
THE INSECURITY HAS JUST CLAIMED "ONE HUMAN BEING".
FG WILL ACT NOW.

Dome people with rat brain sha.
Jonathan said boko haram has infilterated in government which id PDP government. A PDP Senator, Senator Ndume was arrested in connection with Boko Haram. Senator Ndume claimed that the Vice President is aware of his relationship with boko haram. Kabiru Sokoto was arrested in Bauchi State Governors Lodge which is a PDP State. National Security Adviser openly said Boko Haram is PDP.
And yet some fools are stil blaming Buhari for Boko Haram. Is Buhari a PDP member?
I dont even know how they passed exams in school?

I have thought about it before , NAIRALAND HANDLERS are suspected PDP tools.

"Surely when the elites among them steal or commit a crime, they pardon them but when the weak ones commit the same offence, they enforce the law and punish them; if Fatimah my daughter steals, I will cut her hand"
(PROPHET MUHAMED, P.B.O.H)

It has been the practice of GEJ and his wife to be closing down the air space whenever they are travelling at least an hour to their departure. I work in the airport and I see what is happening there.
This inhuman practice must stop.

This story was reoorted by Thisday which is a PDP paper. Why can't he link Justice Slami to it likewise Tribune.

[quote author=silica]Are u not contradicting yourself? You start by saying u dont want blame trading and then u go on to blame the president? El-rufai is everywhere shouting blue murder speaking grammer on twitter facebook and newspapers, yet he cant ensure security in his home town. Instead he is actually sponsoring its destruction and u are here sounding off.
Yepa

"eedi ti ndi won"
Good, Jonathan will be the end looser in this political game. You know that for everything these rogues in the national assembly do including the pdp primary and passing a bill or budget, money do exchane hands from the exevutive to them in the name of "lobbying". With this Farouk's case now, they will be afraid to collect any bribe from the executive so as not to be gien a farouk treatment.
THE COLD WAR BETWEEN THE EXECUTIVE AND THE LEGISLATURE HAS JUST BEGUN.

Some utterances here make me remember my neighbour's son, Victor who hails from Anambra. Whenever he wants to wake his papa up in the morning, he will use his left leg to kick his father say "papa, wake up now o".
SO I WONT BE SURPRISE IF THE KINSMEN OF THAT BASTARD OPEN HIS MOUTH TO ABUSE THE YORUBAS HERE.
OMO TI O NIRAN.

Some utterances here make me remember my neighbour's son, Victor who hails from Anambra. Whenever he wants to wake his papa up in the morning, he will use his left leg to kick his father say "papa, wake up now o".
SO I WONT BE SURPRISE IF THE KINSMEN OF THAT BASTARD OPEN HIS MOUTH TO ABUSE THE YPRUBAS HERE.
OMO TI O NIRAN.

Some pple here are educated illitrates. I wonder why they always call Tinubu a thief here? Do you think if Tinubu had stolen money in Lagos State, PDP and OBJ who has his godson in power now would have been so lenient or helpless to send EFCC after him considering how Tinubu remains the major headache of PDP SouthWest. Dont just open your mouth and start accusing pple anyhow just because they are not political inline with your Niger Delta man.
Now let me tell you something, 2015 will be another game plan. If you like go and bring your 90% vote figure from southsouth and south east states, the way you did in 2011. North will counter it with 150% figure. If you bring 1.5 million votes from Abia, North will give you 4 million votes from Sokoto. You can't outrig the North lailai. This is what they know best since 1960 and mind you a notherner is INEC Chairman.
I laugh, with Tinubu from the south west, millions of votes will be delivered.
It will be rigging for rigging.

I dont know why Nigerians hate truth. They love pple deceiving them. Ghana killed some pple who were corrupt and today, Ghana is getting it. Corruption attracts dealth penalty in China, Singapore, Malaysia, Indonesia etc and those countries are moving forward. Dont let the peanut your brother who is aong those stealing Nigeria money blindfold you. We need to eliminate some corrupt pple in Nigeria. They have been stealing since 1960 and they are not ready to change. Death is the answer to them. Even if my father is among those corrupt pple, he should be eliminated. I dont care. The point is that NIGERIA MUST BE SANITISED.

We can blame the crash on
1. Regulatory authority
2. The Airline
3. The Passengers
First, if the NCAA Inspectors are doing their job, the level of airworthiness of each aiarcraft would have been ascertained. But do we see? When brown envelope exchange hands, then everything is ok and the lives of innocent passengers are left to the hand of luck.
Secondly, most of the airlines are all about money. They are after the number of turn around flight they will make in a day without taken into consideration the wear and tear of the aircraft. Virgin Nigeria is better. That is why it is the only local flight i can reccommend to anybody. If there is little problem, virgin nigeria prefers to cancel the flight or delay it to rectify it and to be 100% sure that the flight will be safe. That is why you can see virgin nigeria cancels flights or delay flights than other airlines but passengers themselves are not helping the matter. You will see passengers shouting hell and fire if the flight is delayed for safety even after the cause of the delay might have been explained to them. Let me share this with you, there was a day we were told that the Abuja visibility was not favourable. When other airlines delayed or cancelled their flights, Dana was the first airline to take off despite the warning followed by Aero. And the passengers almost beat us when we explain to them that despite the partial clearance given to us, we would not take off until 100% visibility was received.

From 1999 to 2003 only Lagos and other Alliance for Democracy States celebrated Abiola and June 12 in which they declared a public holiday for the MKO when PDP did not recognise him. But when PDP took over South West in 2003, the PDP Governors cancelled the recognition and the June 12 public holiday. Now, because they want to score a cheat political point, they are now naming UNILAG after Abiola. Well, June 12 is a week ahead now, we will see how they will honour it?