Return of slave trafficking in Nigeria and Lagos Government’s infantile defence
By Emeka Umeagbalasi
The leadership of International Society for Civil Liberties and
the Rule of Law sees the last weekend defence by the Government of Lagos State
over its roles in dumping in Onitsha Upper Iweka, Anambra State of 72 less
privileged citizens, which it called destitute; as constitutionally
impeachable.
This is because it amounts to gross misconduct, contrary to
Section 188(2b) of the Constitution. It is also a grave violation of Section
1(3) of the Constitution of the Federal Republic of Nigeria 1999. By Section
1(3), the Constitution does not share her supremacy with any other law and
policy in Nigeria that are clearly incoherent with her provisions. From every
indication, the Government of Lagos State is a clear opposite of an enclave
under organic solidarity and a rabid proponent of mechanical solidarity.
Following thunderous and deafening condemnations that
trailed the dumping of 72 destitute in Onitsha Upper Iweka, Southeast Nigeria
by the Government of Lagos State through its office of Youths & Social
Development and the Nigeria Police Force, Lagos State Command; the State
Government, which initially denied knowledge of the criminal exercise, has
spoken out and claimed responsibility.
According to the Special Adviser to the Governor of Lagos State on
Youths and Social Development, Dr. Enitan Dolapo Badru, who spoke to the
Guardian Newspapers last weekend, “at least 1, 708 beggars and destitute have
been expelled from Lagos to their various States and countries since January
2013, in government bid to rid the streets of beggars and the mentally
challenged.
The Special Adviser further said as follows:” the
international standard requires the State to reunite them with their
families”. “The end result is to reunite
them back with their families. We are not repatriating them out of Lagos, we
are reuniting them with their families because once we rescue them, we cannot
as a government, hold a child under the age of 18 in custody without parental
or guardian’s consent. We found out that a lot of children on the streets of
Lagos come from outside the state thinking that Lagos is an Eldorado. It is
unfortunate that many of them are underage and very vulnerable because they can
be introduced to so many vices.
“When we rescue them, we try as much as possible to carry
out social investigation to know where they actually come from and why they
absconded in the first place. And this takes time, because most of them don’t
usually tell the truth since they don’t want to go back home. Once we have them
in our custody, we must take a Court Order to keep them since the law provides
for that and we cannot keep them indefinitely, so we still need to send them
back to their parents. And our practice is to get in touch with the social
welfare services of their respective states, which would in turn get in touch
with the families.
“In the last one year, a total number of 3,114
beggars/destitute/mentally-challenged have been rescued in day and night
operations and 2,695 were taken to the Rehabilitation and Training Centre,
Owutu, Ikorodu, where the state government has made provisions for facilities
to help in turning their lives around, while the mentally-unstable are given
medical attention.”
Apart from monumental contradictions inherent in the watery
defense, our sociological, legal and criminological analysis of same, as put up
by the Government of Lagos State clearly shows that the State is
psychiatrically challenged. Our questions arising from the said public
statement of defense are: 1. which provisions of the Constitution or Nigerian
Criminal Code empower Lagos State Government to engage in reckless internal
deportation and dumping of citizens in another federating territory at ungodly
hours? 2. Which court in Nigeria can grant an order detaining citizens
including minors accused of simple offenses, misdemeanors and juvenile delinquencies
in illegal detention centers without public and family access and trial for
over seven months? 3. Is Section
166(1&2) of the Criminal Law of Lagos State 2011 superior to the 1999
Constitution and her Criminal Code? 4. Are “disorderly conducts, anti begging
and wandering” laws of Lagos State capital offenses? 5. Is Lagos State
Government a police investigator, a prosecutor, a trial judge or magistrate and
a prison officer? 6. Is it correct to say that among the 54 “destitute”
escapees dumped by Lagos State Government in another federating territory at
ungodly hours are violent criminals including assassins, kidnapers and armed
robbers, imported to terrorize the State for the purpose of securing a
political advantage or goal for its ruling party?
7. Who is a destitute and how does Lagos State Government
determine who a destitute is? 8. Are area boys or “alayes” destitute and if
yes, are they not up to 40% of the Lagos State poor residents and have they all
been jailed or evacuated from the streets of Lagos State? 9. Is one Tinubu
Bola-a so called political godfather not a former destitute and which known and
highly rated secondary school did he attend if he was born with golden spoon?
10. What is the main purpose of government; does it exist for political
appointees and the rich or is it established for the welfare of majority poor
citizens including the so called destitute? 11. Are there no beggars, hawkers,
lepers, the aged and bodily and mentally disabled on the streets of the western
capitals including the United States of America?
It is important to point out that one of the reasons why the
early Nigerian capital was moved from Calabar to Lagos was because of its
melting pot status. A number of former slaves were also settled in Lagos. In
other words, nobody owns Lagos. Most of the past and present political appointees in the State including
an immediate past governor, the State
Assembly members and those occupying the Alausa Government House at Ikeja are
not from Lagos State, likewise many, if not most of the notable politicians and
NGO leaders. Lagos is like the United States where nobody owns America. The word “America” is derived from an
individual named “Amerigo Vespucci”. He was a great sailor and explorer that
came in early 1500s after Christopher Columbus who came before him in 1490s. In
their adventurous exploring project, they discovered a new world, which later
became “America”. On the other hand, Lagos shares similarity with America in
that it means “lakes” in Portuguese, having been so named by a Portuguese
Settlement. Its traditional name is “Eko”( war camp); a name given to it by its
Benin Conquerors of the Benin Empire(1440-1897).
While reiterating our unequivocal condemnation of the
atrocious action of the Government of Lagos State and call for searchlights of
the Federal Government and the citizens to be beamed on same at all times; we
wish to appreciate the steps taken so far by the Government of Anambra State,
which on 30-07-2013, held a high powered meeting with the Federal
Government of Nigeria at which a strong worded written petition against the
Government of Lagos State was submitted. We still want the Government of
Anambra State to weigh the option of going to the Supreme Court against the
Government of Lagos State to establish a case of grave violation of the
Constitution against it including invasion of its federating territory at odds
and ungodly hours with malicious intents.
Another measure that
would deter the belligerent and lawless Government of Lagos State from engaging
in such callous action in future is by instituting a class action on behalf of
the dumped citizens, seeking billions of naira worth of compensation to them
for infringement of their fundamental human rights. The President is also
called upon to order the Inspector General of Police to investigate the roles
of the Lagos State Commissioner of Police in the unconstitutional and
despicable action. In the course of the IG’s investigation, all illegal
detention centers in Lagos State where citizens are held for months without
trial under the guise of “operation flush out destitute”, should be identified
and closed down. The Federal Government should, as a matter of uttermost
immediacy and federating importance, review all sets of laws and policies being
operated by the Government of Lagos State with a view to bringing them into
conformity with Nigeria’s mother laws especially the 1999 Constitution.
* Emeka Umeagbalasi is Chairman of International
Society for Civil Liberties and the Rule of Law.
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