I do not, as a philosophy of life assume, I love being sure. That explains why I took the pains to ask around, dig deeper and find out the real issues in the Lagos “Deportation” saga. In doing so, i played the Devils’ advocate to really press for answers to all sensitive sides of the story.
Let’s reason together. Friends’ rejoinders are welcomed. Zero-tolerance for insults and name-calling.
My findings:
TRIBALISM AGAINST IGBOS
Igbo people have been warmly welcomed in
Lagos for decades; it is the only place in the country where they met their
properties intact post-Civil War. Unlike in other parts of Nigeria.
This assimilation is evident in street
names in highbrow Government Reservation Areas (GRA), there are many roads
named after the Igbo in Lekki Scheme 1 & 2, Magodo Phase 1, 2 & 3,
Omole 1 & 2. These were not because of the federal structure of Lagos, such
christenings happened after Lagos ceased being the Nigerian capital.
It is the only Yoruba place where freedom
reigns: where Igbo pressure group can aspire to have an Igbo as Lagos’ deputy
governor and not get shouted down. Unlike in anywhere in Nigeria, there is an
Igbo occupying a key position in Fashola’s government.
FACTS
1.
Gov.
Fashola did not “deport” anyone, the affected people were sent back to their
states of origin based on understanding with the affected states at
commissionership levels in order to re-unite them with their respective families.
2.
Many of
these beggars were discovered to have fled from their homes to come to Lagos
and BEG. Hence, the action.
3.
Lagos
government officials basically liaised with their counterparts in the affected
states for identification and confirmation of indigeneship of the affected states,
and then the affected persons were taken by mutual written consent, between Lagos
and the states, to escort them from the state’s rehabilitation centre in Owutu,
Ikorodu, to either their states’ liaison offices in Lagos or back to their
states.
4.
Akwa Ibom
state had actually sent back a few “Lagosians” found to be beggars to Lagos state.
5.
Political
intrigues. Attempt to taint APC in Anambra’s elections after Peter Obi’s exit. Chris
Ngige plans to run on APC’s platform in the election. Fashola is an APC
governor.
WHY DID LAGOS “DEPORT”??
Majority
of those affected refused rehabilitation.Some embraced rehabilitation but need to be reconciled with their families because they fled from their families in the first place to Lagos to beg and invariably, ended up destitute.
Some pose
high social and health risks to the populace with exposure of ulcerative sores
in places like genitalia, breasts, etc. defeacating on highways, roads and
parks, child abuse with exposure of infants esp.twins to harsh sunlight and so
on. Surprisingly, these people refused free healthcare for farfetched reasons
bordering mainly on selfishness and distrust of medical science.
Above all,
beautification, land reclamation from the ocean, economic zone planning, light
rail projects and so on are not accidents. Lagos is being gradually transformed
into a megacity and for it to be so, there are best global standards it must
adhere to. Re-settlement of these destitute is one effort to make this
objective realisable.
Let’s face
it, how many megacities in the world do you travel to and see such behaviour? Homeless
people exist globally but they don’t throw it in your face like done in Lagos.
STATE VS. FEDERAL LAW
Some friends
argued that it is illegal and unconstitutional, that the Nigerian constitution
enshrines the rights of all Nigerians to move freely within Nigeria without fear
of molestation. Remember though, there is no absolutism in Law, exception
reigns too. Police can allow you to demonstrate for instance without fuss but
they can also demand that you must get a permit before doing so yet, there is
freedom of movement and assembly.
In US,
world’s prominent example of democracy, regardless of state laws to the contrary,
there is no such thing as “medical” marijuana under Federal law; Marijuana
continues to be a Schedule I substance meaning that it has no currently
accepted medical use and a high potential for abuse. Yet, almost 15 states have
legalised marijuana use in America. Likewise, US has not legalised same-sex
marriage but there are states recognising homosexuality. It is the nature of
federating units under a federal system of government that states are more
powerful than the centre.
In this
case, Lagos did not breach the Nigerian constitution. I enjoin everyone to look
up the legal definition of “person” as described in the constitution. It does
not refer to the destitute. Or generally, criminals. A LEGAL definition of "person" is not just the literal "living being" explanation. According to the Black's Law Dictionary (used by lawyers), a "person" is "A man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137. A human being considered as capable of having rights and of being charged with duties."
Still, Lagos felt that
everyone of them is redeemable. That was why attempts were FIRST made to
rehabilitate them from criminality and laziness. Yet, many of them ran away
from such centres.
Before Gov.
Fashola “deported” them, they followed due process as laid down when they made
begging illegal in Lagos. The states went overboard with taxpayers money to get
this right. Rehabilitation, further rehabilitation with NGOs, communication to
their government, receipt of letters of mutual agreement on need for
re-settlement were obtained from the affected states and then handing-over to
the personnel of the states. Anambra state received letters from Fashola on the
development, agreed that Lagos should transport them to Onitsha and do the
transfer but the officials did not show up for the exercise as earlier agreed.
Now, if
there is conflict between the federal and state statues, the federal law take
precedence. True. But, it applies to specificity; there must be a specific
aspect of the Law by the federal government that would overwrite a state law. Is there any existing federal statute against
begging for it to nullify that of Lagos? No. So, Lagos law stands.
The moralists
fault it for its immorality. There is a difference between morality and
legality. Something may be legal but immoral or vice versa. Such issues are
eternally thorny because it is subjective and government cannot succeed at its
duty on sentimental reasons. Roe Vs. Wade is still a hot debate in America for
pro-life and pro-choice people on abortion. Homosexuality is legal in some
climes, is it moral? That is another complex one. Or sex with animals passed by
President Obama for the US army? Legal, yes. Moral? Most people know the answer to that one. Lagos’ re-settlement
of destitute to their states of origin is legal. Is it also moral? Yes. I
cannot see rehabilitation efforts and the re-settlement of destitute with their
families as requested by their states of origin as anything more than
altruistic.
Let’s not
forget, the law is an ass. It is not in this instance but it is in some cases.
O.J. Simpson? Diallo in New York? Awolowo’s suit against election (“My hands
are tied”)? Gore Vs. Bush in 2000 election? Trayvon Martin?
People often
view these examples as miscarriages of justice. Nevertheless, we all agree that
law is vital to uphold homo sapien’ civilisation above lesser animals and uphold
order in the society despite any ill that often arise in the justice system.
Are laws made for man or man made for laws? Similar to the chicken and egg
secenarion-Were chicken here before the egg or egg before the chicken? In the
end, laws are enacted and acted on for the common good.
When all
is said and done, Babatunde Fashola took this action for the common good of
society. Posterity will objectively judge so.
