THE TRASHING OF FASHOLA

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

 Some Igbo feels persecuted by this action. No, it is not a continuation of any war. It is solely a government policy designed to pave the way for Lagos’ emergence as a megacity.

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.