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The cross dressing bill is dead on arrival by Inibehe Effiong

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The House of Representatives is considering a bill to prohibit and criminalize cross-dressing in Nigeria. It’s astonishing that our legislators are majoring in frivolity and dissipating legislative time on the mundane.
It’s neither necessary nor expedient. I’m flummoxed by the silliness and incongruity of this Bill. It is indeed distasteful, that at a time when the country’s existence is under excruciating crisis, our so-called leaders are seeking to legislate a dress code for Nigerians. If the Bill isn’t seeking to legislate on the dress code of Nigerians, what then is its purport?
First, it is impossible in this modern era, especially in a country that is supposed to be a secular and liberal democracy, for a law to define dressing by gender without ambiguity. Dressing in this age has become very versatile and flexible. To attempt to determine by legislation, what type of cloth a man and a woman should or should not wear, is the height of legislative misadventure and redundancy. It is not doable. The ambiguity will be too obvious.
Second, even if male and female dresses are capable of precise and definite definition and classification, can this Bill be validly brought within the legislative competence of the National Assembly? Should Nigeria have a federal law that regulates dressing for all Nigerians?
Only members of the Armed Forces and other security agencies can be made subject to a uniform national dress code. The NYSC can also do this. Likewise related agencies. Employers can also determine the dress code of their employees. Religious houses can also set their dress code.
The National Assembly cannot legally regulate dressing or prohibit cross dressing. I can’t see how this Bill qualifies under the enumerated legislative powers of the National Assembly under the Exclusive or Concurrent Lists under the Second Schedule to the 1999 Constitution.
Third, “cross dressing” is a form of artistic expression. It is a mode of dressing adopted by entertainers. Irrespective of our differing views about the likes of Bobrisky, James Brown, Denrele and others, we cannot deny the fact that they are entertainers of some sort. To therefore attempt to deprive them of their chosen career which isn’t harmful to anyone is unacceptable.
A country like Nigeria with cultural, religious and ideological diversity, should be more tolerant and accommodating of people who choose to express themselves differently.
Fourth, Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) guarantees the fundamental right to freedom of expression. Expression is not circumscribed to spoken or written words. People can express themselves in words, dressing and so on. This Bill if passed, will be subjected to serious constitutional challenge in court. I will not hesitate to test its validity in court in the public interest.
Fifth, this Bill is unwarranted and unnecessary. Cross dressing is still a very rare phenomenon in Nigeria.
How many cross dressers do we have in Nigeria? Can the sponsor of this Bill mention 20 known cross dressers in the country?. There is no cross dressing epidemic in the country. This Bill is seeking a cure a disease that is non-existent. Cross dressing isn’t harmful. Is it?
Sixth, this Bill is another sinister attempt to distract Nigerians from the palpable failures of this regime. We are currently witnessing the unabated slaughter of Nigerians without any serious effort by the government to address it. The economy is comatose. Inflation is rising. Our universities are currently shut. It is rather upsetting that rather than focus on these and other pressing national issues, our legislators are finding time to entertain themselves with a trivial Bill that will neither help their worsening image nor solve our problems.
I call on the sponsor(s) of this Bill to withdraw it and attend to important issues. This Bill is an attempt to introduce the primitive Taliban ideology into Nigeria. It is dead on arrival.
Inibehe Effiong is a Legal Practitioner based in Lagos.

Strictly Personal

All eyes in Africa are on Kenya’s bid for a reset, By Joachim Buwembo

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Whoever impregnated Angela Rayner and caused her to drop out of school at the tender age of 16 with no qualifications might be disappointed that we aren’t asking who her baba mtoto (child’s father) is; whether he became a president, king or a vagabond somewhere, since the girl ‘whose leg he broke’ is now UK’s second most powerful person, 28 years since he ‘stole her goat’.

Angela’s rise to such heights after the adversity should be a lesson to countries which, six decades after independence, still have millions of citizens wallowing in poverty and denied basic human dignity, while the elite shamelessly flaunt obscene luxury on their hungry, twisted faces.

After independence, African countries also suffered their adolescent setbacks in the form of military coups. Uganda’s military rule lasted eight years, Kenya’s about eight hours on August 1, 1982, while Tanzania’s didn’t materialise and its first defence chief became an ambassador somewhere.

What we learn from Angela Rayner is that when you’re derailed, it doesn’t matter who derailed you, because nobody wants to know. What matters is that you pick yourself up, not just to march on, but to stand up and shine.To incessantly blame our colonial and slave-trading ‘derailers’ while we treat our fellow citizens worse than the colonialists did only invites the world to laugh. Have you ever read of a colonial officer demanding a bribe from a local before providing the service due?

African countries today need to press ‘reset’. A state operates by written policies, plans, strategies and prescribed penalties with gazetted prisons for those who break the rules.  This is far more power than teenage Angela had, so a reset state should take less time to become prosperous than the 28 years it took her to get to the top after derailing.

So it’s realistic for countries to operate on five-year planning and electoral cycles, so a state that fails to implement a programme in five years has something wrong with it. It needs a reset.

A basic reset course for African leaders and economists should include:

1. Mindset change: Albert Einstein teaches us that no problem can be solved from the same level of consciousness that created it. For example, if you are in debt, seeking or accepting more debt is using the same level of thinking that put you there. If you don’t like Einstein’s genius, you can even try an animal in the bush that falls into a hole and stops digging. Our economists are certainly better than a beast in the bush.

2. Stealing is wrong: African leaders and civil servants need to revisit their catechism or madarasa – stealing public resources is as immoral as rape.

3. Justifying wrong doesn’t make it right: Using legalese and putting sinful benefits in the budget is immoral and can incite the deprived to destroy everything.

4. Take inventory of your resources and plan to use them: If Kenya, for example, has a railway line running from Mombasa to Nairobi, is it prudent to borrow $3.6 billion to build a highway parallel to it before paying off and electrifying the railway?

If Uganda is groaning under a $2 billion annual petrol import bill, does it make sense to beg Kenya for access to import more fuel, when Kampala is already manufacturing and marketing electric buses, while failing to use hundreds of megawatts it generates, yet the country has to pay for the unused power?

If Tanzania… okay, TZ has entered the 21st Century with its electric trains soon to be operating between Dar es Salaam and Morogoro. Ethiopia, too, has connected Addis Ababa to the port of Djibouti with a 753-kilometre electric railway,  and moves hundreds of thousands of passengers in Addis every day by electric train.

5. Protect the environment: We don’t own it, we borrowed it from our parents to preserve it for our children. Who doesn’t know that the future of the planet is at stake?

6. Do monitoring and evaluation: Otherwise you may keep doing the same thing that does not work and hope for better results, as a sage defined lunacy.

7. Don’t blame the victims of your incompetence: This is basic fairness.

We could go on, but how boring! Who doesn’t know these mundane points? We are not holding our breath for Angela’s performance, because if she fails, she will be easily replaced. Africa’s eyes should now be on Kenya to see how they manage an abrupt change without the mass bloodshed that often accompanies revolutions.

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Strictly Personal

The post-budget crisis in Kenya might be good for Africa, after all, By Joachim Buwembo

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The surging crisis that is being witnessed in Kenya could end up being a good thing for Africa if the regional leaders could step back and examine the situation clinically with cool-headed interest. Maybe there is a hand of God in the whole affair. For, how do explain the flare not having started in harder-pressed countries such as Zambia, Mozambique and Ghana?

As fate would have it, it happened in East Africa, the region that is supposed to provide the next leadership of the African Union Commission, in a process that is about to start. And, what is the most serious crisis looming on Africa’s horizon? It is Debt of course.

Even the UN has warned the entire world that Africa’s debt situation is now a crisis. As at now, three or four countries are not facing debt trouble — and that is only for now.

There is one country, though, that is virtually debt-free, having just been freed from debt due to circumstances: Somalia. And it is the newest member of the East African Community. Somalia has recently had virtually all its foreign debt written off in recognition of the challenges it has been facing in nearly four decades.

Why is this important? Because debt is the choicest weapon of neocolonialists. There is no sweeter way to steal wealth than to have its owners deliver it to you, begging you, on all fours, to take it away from them, as you quietly thank the devil, who has impaired their judgement to think that you are their saviour.

So?

So, the economic integration Africa has embarked on will, over the next five or so years, go through are a make-or-break stage, and it must be led by a member that is debt-free. For, there is no surer weapon to subjugate and control a society than through debt.

A government or a country’s political leadership can talk tough and big until their creditor whispers something then the lion suddenly becomes a sheep. Positions agreed on earlier with comrades are sheepishly abandoned. Scheduled official trips get inexplicably cancelled.

Debt is that bad. In African capitals, presidents have received calls from Washington, Paris or London to cancel trips and they did, so because of debt vulnerability.

In our villages, men have lost wives to guys they hate most because of debt. At the state level, governments have lost command over their own institutions because of debt. The management of Africa’s economic transition, as may be agreed upon jointly by the continental leaders, needs to be implemented by a member without crippling foreign debt so they do not get instructions from elsewhere.

The other related threat to African states is armed conflict, often internal and not interstate. Somalia has been going through this for decades and it is to the credit of African intervention that statehood was restored to the country.

This is the biggest prize Africa has won since it defeated colonialism in (mostly) the 1960s decade. The product is the new Somalia and, to restore all other countries’ hope, the newly restored state should play a lead role in spreading stability and confidence across Africa.

One day, South Sudan, too, should qualify to play a lead role on the continent.

What has been happening in Kenya can happen in any other African country. And it can be worse. We have seen once promising countries with strong economies and armies, such as Libya, being ravaged into near-Stone Age in a very short time. Angry, youthful energy can be destructive, and opportunistic neocolonialists can make it inadvertently facilitate their intentions.

Containing prolonged or repetitive civil uprisings can be economically draining, both directly in deploying security forces and also by paralysing economic activity.

African countries also need to become one another’s economic insurance. By jointly managing trade routes with their transport infrastructure, energy sources and electricity distribution grids, and generally pursuing coordinated industrialisation strategies in observance of regional and national comparative advantages, they will sooner than later reduce insecurity, even as the borders remain porous.

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