Saturday, July 20, 2013

The Senate was right: A 'married woman' is of 'full age'!

By Eze Eluchie

The seeming uproar against the vote by the Nigerian Senate to retain the constitutional provision which accords a 'married woman' the rights and privileges of a 'Nigerian of full age', is as astonishing as it is diversionary.

It is preposterous to suggest that a married woman, who is deemed capable of consummating her marriage, enjoying the various privileges of marriage accorded under our laws and has the potential of bringing forth new life, is not of full age.

The ideal position for those worried about the Senate vote, should have been to insist on a minimum age for marriage - and not to seek a constitutional review to deny a married woman the right of being deemed of 'full age'!

The Nigerian Senate was right to have rejected the alteration.

The reasons given by the Senate for which it rejected the alteration is, however, most dubious.

In the course of the Nigerian Senate's session debating the issue, a Senator and former Governor of Zamfara State (Mr. Ahmed Sani Yerima), who has the double sinister distinction of initiating the application of a flawed form of Shari'a laws as State law in Nigeria and a penchant to use the garb of Islam to mask his pedophilic inclinations (he infamously paid an incredulous huge dowry to marry an under-14 year old girl), flew the 'religion flag' as justification for the retention of Section 29(4){b} of the 1999 Constitution - The section in contention provides that a 'married woman' qualifies as a Nigerian of 'full age' for purposes of renunciation of citizenship or otherwise. The issues at stake had been whether a minor who was married was a person of 'full age'

With regards to the purported marriage of Prophet Mohammed (sallallahu alaihi wasallam - peace be upon him) to then 6-year old Aisha bin Abibakr (umm al-mu'minin - mother of the believers), a marriage which was consummated when Aisha was 9-years old, there may be the need to either distinguish the cultural practices in ancient Arabia from  Islamic injunctions or insist that religious practices must conform with the dictates of modernity.

Let energies be focused on real issues (in this instance, ensuring an acceptable minimum age for marriage) and not chase improbable shadows as the present campaign of calumny being waged against the Senate of the Federal Republic over a vote which is on all fours with good reason and reality, is unfortunate. It presents some elements of the Nigerian civil society as being too eager to lampoon the system, without any just cause.

If the unfounded attacks on the upper Legislative chamber over this present issue continues, credibility will be lost by those who engage in such despicable conduct. Our Legislators (and the entire system for that matter) have gross issues, let constructive criticism be reserved for such instances. Not this episode!

Some civil society organizations are understandably making hue and cry over the instant Senate vote with a view to impress their foreign funders - do not worry so much, the donor agencies already understand the realities highlighted in this post. Get back to work, more issues of national import are afoot.

As further evidence that our contraption is in dire need of renegotiation and restructuring, one is appalled by the inelegant draftsmanship which went into producing a most flawed Constitution of doubtful veracity as evidenced by the provisions of the entirety of Section 29 of the Constitution.





Picture: Senator Ahmed Sani Yerima who infamously married an under aged Egyptian bride and successfully led the campaign for the retention of Section 29(4){b}of the 1999 Nigerian Constitution. This character, whilst helping himself to millions of dollars in public funds as Governor also presided over the amputation of limbs of ;petty thieves' under a skewed application of Shari'a (Islamic) laws in Zamfara State.


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