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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

This is chaos, not governance, and we must stop it, By Tee Ngugi

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The following are stories that have dominated mainstream media in recent times. Fake fertiliser and attempts by powerful politicians to kill the story. A nation of bribes, government ministries and corporations where the vice is so routine that it has the semblance of policy. Irregular spending of billions in Nairobi County.

 

Billions are spent in all countries on domestic and foreign travel. Grabbing of land belonging to state corporations, was a scam reminiscent of the Kanu era when even public toilets would be grabbed. Crisis in the health and education sectors.

 

Tribalism in hiring for state jobs. Return of construction in riparian lands and natural waterways. Relocation of major businesses because of high cost of power and heavy taxation. A tax regime that is so punitive, it squeezes life out of small businesses. Etc, ad nauseam.

 

To be fair, these stories of thievery, mismanagement, negligence, incompetence and greed have been present in all administrations since independence.

 

However, instead of the cynically-named “mama mboga” government reversing this gradual slide towards state failure, it is fuelling it.

 

Alternately, it’s campaigning for 2027 or gallivanting all over the world, evoking the legend of Emperor Nero playing the violin as Rome burned.

 

A government is run based on strict adherence to policies and laws. It appoints the most competent personnel, irrespective of tribe, to run efficient departments which have clear-cut goals.

 

It aligns education to its national vision. Its strategies to achieve food security should be driven by the best brains and guided by innovative policies. It enacts policies that attract investment and incentivize building of businesses. It treats any kind of thievery or negligence as sabotage.

 

Government is not a political party. Government officials should have nothing to do with political party matters. They should be so engaged in their government duties that they literally would not have time for party issues. Government jobs should not be used to reward girlfriends and cronies.

 

Government is exhausting work undertaken because of a passion to transform lives, not for the trappings of power. Government is not endless campaigning to win the next election. To his credit, Mwai Kibaki left party matters alone until he had to run for re-election.

 

We have corrupted the meaning of government. We have parliamentarians beholden to their tribes, not to ideas.

 

We have incompetent and corrupt judges. We have a civil service where you bribe to be served. Police take bribes to allow death traps on our roads. We have urban planners who plan nothing except how to line their pockets. We have regulatory agencies that regulate nothing, including the intake of their fat stomachs.

 

We have advisers who advise on which tenders should go to whom. There is no central organising ethos at the heart of government. There is no sense of national purpose. We have flurries of national activities, policies, legislation, appointments which don’t lead to meaningful growth. We just run on the same spot.

 

Tee Ngugi is a Nairobi-based political commentator

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Strictly Personal

Off we go again with public shows, humbug and clowning, By Jenerali Uliwengu

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The potential contestants in the approaching elections are already sizing themselves up and assessing their chances of fooling their people enough for them to believe that they are truly going to “bring development” to them.

 

I mean, you have to be a true believer to believe that someone who says they have come to offer their services to you as your representative in the local council or in the national parliament and they tell you that they are going to build your roads to European standards, and your schools are going to be little Eatons; your hospitals are going to be better and more lavishly equipped than the Indian hospitals, where many of our high-placed people go for treatment, and your water supply will be so regular that you have to worry only about drowning!

 

I mean no exaggeration here, for the last time we had the occasion to listen to such clowns — five years ago — we heard one joker promise he would take all his voters to the United States for a visit.

 

He was actually voted to parliament, or at least the cabal acting as the electoral commission says he was. He has never revisited that promise as far as I can remember, but that must surely be because he is still negotiating with the American embassy for a few million visas for his voters!

 

Yes, really, these are always interesting times, when normally sober people turn out to be raving mad and university dons become illiterate.

 

Otherwise tell me how this can happen: Some smart young man or woman shows up in your neighbourhood and puts up posters and erects stands and platforms for the campaign and goes around the constituency declaring his or her ardent desire to “develop” your area by bringing in clean and safe water, excellent schools, competent teachers, the best agricultural experts as extension officers, etc, etc.

These goodies

At the time this clown is promising all these goodies, you realise he has been distributing money and items such as tee-shirts, kitenge prints, khangas, caps as well as organising feeding programmes, where everyone who cares can feed to satiation and drink whatever they want with practically no limitation.

Seriously, I have been asking myself this question: Would you employ a young man who shows up at your front porch and tells you he is seeking a job to develop your garden and tells you that, while you are thinking whether to employ him, “Here is money for you and your family to eat and drink for now!”

Now, if we think such a man should be reported to the police or taken to a mental institution, why are we behaving in exactly the same way?

Many a time we witness arguments among countrymen trying to solve the conundrum of our continued failure to move forward economically, despite our abundant resources, and it seems like we haven’t got a clue.

But is this not one of the cues, if not probably the most important clue, that we have not found a way to designate our leaders?

It ought to be clear to any person above childhood that this type of electoral system and practice can never deliver anything akin to development or progress.

Now, consider that we have being doing this same thing over and over — in many of our countries elections follow a certain periodicity like clockwork — but we have not discovered the truth.

Put simply, our politics is badly rigged against our people, and elections have become just devices to validate the political hooliganism of the various cabals running our countries like so many Mafia families.

Knee-jerk supporters

We have so demeaned our people, whom we have turned into knee-jerk supporters of whoever gives them food and drink around election time, that now they say that at least at election time it is their turn to eat, which means, naturally, that at all other times it is the turn of the ones who “bring development” to the people.

Clearly, this is not working, and it is no wonder that dissatisfaction and frustration are rife, as our people cannot put a finger to the thing that holds them back.

Apart from these sham elections, from time to time, the rulers organise shows designed to make the people believe that somebody is concerned about their problems.

We have one such masquerade happening in Tanzania right now, where public meetings are organised so people can vent their frustration. But these will never solve any problems; they are just shows.

If the elections we have been holding had any substance, there would not be any need for such public shows, except those organised by those people we elected.

Where are they? What is the use of spending so much money and other resources to erect and maintain a political system that has to be propped by public shows, where people come to vent their grievances over the hopelessness of the system in place?

I am just asking.

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