Opinion
Distortions In The Minimum Wage Debate
Published
4 years agoon
By Salihu Moh. Lukman
The campaign for the retention of the minimum wage in the exclusive legislative list under the 1999 Nigerian Constitution as amended, is being handled by the leadership of organised labour, especially Nigeria Labour Congress (NLC) based on deliberate distortions of facts. One of the claims is that moving the minimum wage from the exclusive legislative list to the concurrent list in the 1999 Nigerian constitution will contravene the provision of the International Labour Organisation (ILO) Convention, to which Nigeria is a signatory.
While it is true that the ILO Convention No. 30 of 1928 Minimum Wage-Fixing Machinery Recommendation provides the guiding principles for the determination of minimum wages in all countries, no where was it stipulated that the process should be the exclusive preserve of federal authorities. Anyone interested can confirm the details https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:R030.
If anything, the convention allows for the flexibility for each country to apply the guiding principles to its circumstances through consultative processes that take into consideration all the interests in the country’s labour market. The guiding principle is ‘to ensure that each member ratifying the convention is in possession of the information necessary for a decision upon the application of minimum wage-fixing machinery, the wages actually paid and the arrangements, if any, for the regulation of wages should be ascertained in respect of any trade or part of trade to which employers or workers therein request the application of the machinery and furnish information which shows prima facie that no arrangements exist for the effective regulation of wages and that wages are exceptionally low.’
Nowhere in the convention is it provided that minimum wage-fixing is the exclusive responsibility of federal authorities. There is the requirement for a structure to manage the responsibility of fixing minimum wages. This is to ensure that ‘minimum wage-fixing machinery, whatever form it may take (for instance, trade boards for individual trades, general boards for groups of trades, compulsory arbitration tribunals), should operate by way of investigation into the relevant conditions in the trade or part of trade concerned and consultation with the interests primarily and principally affected, that is to say, the employers and workers in the trade or part of trade, whose views on all matters relating to the fixing of the minimum rates of wages should in any case be solicited and be given full and equal consideration.’
The structure should have representation from government, labour and employers. Note that governments are expected to participate both as employers as well as sovereign authorities having the responsibility to promulgate laws, which should be respected, based on agreements reached. In fact, the role of governments as sovereign authorities, which also cover the obligation of enforcing the laws are more critical. It is expected that government’s role as employer of labour should be secondary and in the event that role of government is influenced more by its responsibility as employer of labour will weaken the process of minimum wage fixing as provided in ILO Convention No. 30 of 1928.
Globally, in compliance with the provisions of the ILO Convention No. 30, two approaches are adopted by ILO member countries in fixing minimum wages. There is the committee method and there is the notification method. The committee method involves government setting up a committee to undertake enquiries and make recommendations for fixing minimum wage. The notification method is based on government publishing proposals in official gazettes to inform affected persons. Before publishing the proposal, the government is expected to make consultations. The difference between the two is largely theoretical. Often, the scope and orientation of collective bargaining structures in ILO member countries dictate the approach adopted.
Perhaps, it is also very important to highlight that all the experiences of ILO member countries across the world in handling challenges of minimum wage-fixing emphasises the presence of some preliminary technical functions to arrive at consensus. Part of the technical work is largely around the process of estimating or computing specific economic variables of productivity, cost of living and affordability. Once those variables are established and agreed by all the different interests, it is then easy to fix the minimum threshold for wages, which then become the minimum wage.
Experiences of all ILO member countries will further confirm that fixing minimum wages is never the exclusive preserve of federal authorities. Since our model of democracy is that of the United States of America, it should perhaps be the first reference. In the US, the minimum wage is set by the US Labour Law and a range of state and local laws. As at January 2020, there were 29 states and D.C. with a minimum wage higher than the federal minimum. Almost 90% of US minimum wage workers are earning more than $7.25 per hour, which is the minimum wage at the federal level in the US.
The federal, states and counties make laws for the minimum wage. The minimum wage for each level is negotiated. Different states are able to set their own minimum wages independent of the federal government. When the state and federal minimum wages differ the higher wage prevails. As at January 2018, there were 29 states with a minimum wage higher than the federal minimum wage. Washington, D.C, and New York City have the highest minimum wage at $15.00 per hour. By January 1, 2021, California has the highest state minimum wage at $14.00 per hour, which will be raised to $15 per hour starting January 1, 2022. The minimum wage in New Jersey is $12.00 an hour as of January 1, 2021, but will be raised by a dollar a year until 2024 when it will be $15. Massachusetts minimum wage is $13.50 per hour. A number of states have also in recent years enacted state preemption laws, which exclude local governments from setting their own minimum wage. As at 2017, state preemption laws for local minimum wages have been passed in 25 states.
Legislation has been passed recently in multiple states that significantly raises the minimum wage. California, Illinois, and Massachusetts are all set to raise their minimum wages to $15.00 per hour by January 1, 2023, for California and Massachusetts and by 2025 for Illinois. Colorado raised its minimum wage from $9.30 per hour to $12 per hour by January 1, 2020. New York has also passed legislation to increase its minimum wage to $15.00 per hour over time, with certain counties and larger companies set on faster schedules than others. Some smaller government entities, such as counties and cities, observe minimum wages that are higher than the state as a whole.
The National Minimum Wage in the United Kingdom is set depending on your age, and whether or not you are an apprentice. It has been in place since 2005, and several changes to the way it operates have been made over time. At present, the minimum wage applies to any worker aged 16 or over. However, there are some exceptions, such as people who are working in their employers home, or who are undertaking voluntary work. In these cases, the National Minimum Wage might not apply. For eligible workers aged 25 and over, the minimum wage is known as a National Living Wage. It is expressed as an hourly gross payment, and reviewed every April. For the period April 2017 to March 2018, the National Living Wage paid to employees aged 25 or over, was £7.50 per hour. The National Minimum Wage is set by the UK government. It is reviewed every year, and usually, most categories get an annual increase.
However, as the system is quite complicated and based on a number of different age bands, there have been years when employees of certain ages don’t get their minimum pay increased.
Some other countries negotiate with trade unions and employers, and agree on what should be the minimum wages. This means that there could be different minimum wages depending on the sector. Belgium, Norway and Sweden work in this way. Other countries have a different way of managing minimum wages. Singapore has minimum wages set by the government, but only across some low income sectors. These minimum wages are applicable to Singapore nationals and permanent residents only – although employers are encouraged to extend them to other workers as a minimum, too. And yet other countries don’t have any minimum wage at all, preferring to leave employers and employees to negotiate on an individual basis.
Coming closer home, in South Africa and Ghana, the minimum wage is determined through negotiations between unions, employers and government. The National Minimum Wage (NMW) in South Africa was increased to R21.69 per hour from March 1, 2021. The 93c increment was announced by Employment and Labour Minister, which is in line with the NMW legislation of January 1, 2019. It is illegal and an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NMW. In Ghana, government-mandated minimum wage provides that no worker in Ghana should be paid less then the mandatory minimum rate. Employers in Ghana who fail to pay the minimum wage may be subject to punishment by the government of Ghana. Weekly rates per month are calculated 4.33 times the standard hours per week.
What all these means is that the process of minimum wage-fixing across the world varies in almost every ILO member country. As much as every federal authority plays an important role in facilitating the process of fixing the minimum wage, it is never their exclusive legislative jurisdiction. How, as a nation, Nigeria arrived at the constitutional provision of assigning minimum wage under the exclusive legislative list is completely not based on the guiding principles provided under ILO Convention 30 of 1928.
It is however necessary to recognise that there are legitimate fears expressed by organised labour in Nigeria on the potential that the process can be abused if our states are allowed to fix minimum wages through moving the minimum wage to the concurrent legislative list. What is required to address such a problem is to revive the National Labour Advisory Council (NLAC), which normally has representation from labour, employers and government. It used to serve as the tripartite body in Nigeria for the resolution of major labour challenges. As things are, NLAC is hardly existing.
If we have NLAC, why can’t we have members agree to all the variables determining minimum wage in the country – productivity, conditions of living and affordability, based on which the national minimum is reviewed on an annual basis being the proposed benchmark for the country? The National Bureau of. Statistics (NBS), National Salaries, Wages and Income Commission and National Productivity Centre (NPC) can handle the task of providing information about the variables of productivity, cost of living and affordability. With objectively computed information, the process of achieving consensus that highlights the minimum threshold for wages can be handled very effectively. An agreement under the NLAC can serve as the federal minimum wage. Once an agreement is reached at the level of NLAC, a prototype minimum wage bill can be developed and sent to the National Economic Council (NEC), chaired by the vice president of the Federal Republic with governors of the 36 states as members. Following consideration and adoption by NEC, states can then domesticate provisions of the agreement as contained in the prototype bill based on their peculiar circumstance.
This model was used around 2005 for instance to resolve the challenge of amending our pension law. When the contributory pension law was passed by the National Assembly and assented to by President Olusegun Obasanjo, both unions, employers and state governments were opposed to the new pension law. But through consultations at the level of NLAC, both labour and employers agreed to a prototype pension bill, modelled on the provisions of the new Pension Act, which was presented to the NEC. Eventually, NEC adopted the prototype pension bill, which was transmitted to all the 36 states. The rest is now history as all states have domesticated the pension act based on their peculiarities.
Part of what needs to be resolved is the issue of whether states are allowed to adopt minimum wages below the agreed federal minimum wage established by NLAC as adopted or approved by NEC. Or what minimum wage should apply to workers employed by private organisations whose operation covers many states? First, no state should be allowed to have a minimum wage lower than the benchmark as provided in prototype bills adopted by NEC. Secondly, in the case of private employers operating in more than one state, the highest minimum wage should apply.
The current debate about whether states can make minimum wage laws is basically about correcting the distortion in terms of applying the principles of minimum wage fixing as provided in ILO Convention 30 of 1928. It is important we appeal to leadership of organised labour, especially NLC, to stop promoting false information.
The fourth distortion that needs to be corrected is that the proposal to transfer the minimum wage to the concurrent legislative list is to stop the payment of N30,000 minimum. Although, many state governments and private employers are having difficulty implementing the N30,000 minimum wage, we should separate the problems associated with implementing agreements from the bigger challenge of correcting wrong procedure used in fixing the minimum wage in the country. Problems of implementing agreements can be addressed with reference to invoking the provisions of Nigerian arbitration laws, which is what ILO Convention 30 of 1928 recommends. As a nation, we have an arbitration law. Why is the leadership of organised labour not taking advantage of provisions of our laws to enforce the implementation of the minimum wage law?
For emphasis, the challenge before us as a nation is about developing the capacity of our democracy to resolve national problems. It will amount to undermining our democracy to seek to block consideration of proposals before the National Assembly demanding the transfer of minimum wage to the concurrent legislative list of the 1999 Nigerian Constitution as amended. It is quite disappointing that labour leaders are organising protests and threatening to declare a national strike because the National Assembly is considering a democratic proposal. Organised labour and NLC leadership in particular need to be reminded that before the bill can become law, it will have to pass democratic stages that can accommodate labour’s demands.
Specifically, the House of Representatives Committee on Labour will have to organise a public hearing which will invite the submission of organised labour. Even if the bill is passed by the House of Representatives after public hearing, it will require the concurrence of the Senate, with another public hearing necessary. Assuming it is passed by both the House of Representatives and the Senate, being a matter requiring Constitutional Amendment, it will have to go to State Assemblies and will need endorsement by at least 24 States House of Assemblies. Assuming the bill passed through all these stages, it will have to be assented to by the President of the Federal Republic.
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There is a wide scope of opening for engagement with the different layers of our democratic structures in the country to win the support of elected representatives to prevent the bill from coming into law. Instead of exploring how to engage democratic structures and prevent the bill from coming into law, the NLC leadership went to the over- drive mode of protest and threats of strike. Unfortunately, in all of these, it is doubtful if the NLC, its affiliates and all our organised labour bodies in the country are implementing the minimum wage of N30,000 for their employees. Ideally, he who comes to equity should come with clean hands. This is hardly the case. The boundary of accountability should cover organised labour.
Another related issue is that respect begets respect. Leaders of organised labour need to moderate how they easily and cheaply allege that anyone who is critical or opposed to their position is doing the bidding of others. It appears that the only language they speak in campaigning for their demands is to slander people who disagree with them. We should relate to debate based on the capacity to explain our positions and win support without resort to blackmails. Blackmail and name-calling will not resolve our challenges as a nation.
NLC leadership and organised labour can allege whatever fancies their imagination, it will not resolve the challenge around issues bordering on the implementation of the minimum wage in Nigeria unless we are able to have the courage to do the needful, which is about recognising the rights of all employers and the constituent units of our federation to negotiate and determine laws that affect them.
Finally, there are claims in the media that the 1999 Nigerian Constitution as amended provides for a review of the minimum wage in the country every five years. Nowhere in the 1999 Nigerian Constitution is such a provision made. What came close to that was by the current Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila in 2017, then as Majority Leader, when he proposed the amendment of the Minimum Wage Act to insert the clause that “The Minimum Wage shall be subject to periodic review every five years.” This proposal was never passed by the 8th National Assembly.
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It is important that all these distortions are corrected. Our democracy must be insulated from distortions and falsehood. The struggles of Nigerian workers for a just and better Nigeria should not be oriented based on falsehood and distortions. The earlier the NLC leadership retrace their steps and return to the path of truth and democratic engagement to win the support of Nigerians, including elected representatives, the better. Political bullying is antithetical to democracy and is counter-productive to the struggles for decent wage!
Dr. Lukman is the Director-General of the Progressive Governors’ Forum. But this position does not represent the view of any APC governor or the Progressive Governors’ Forum.
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By Hope O’Rukevbe Eghagha
One of the interesting proverbs I picked up in our General African Studies (GAS 201) course with the late Professor Jabez Olowo Ojoade in the University of Jos in 1979 was ‘it is a bastard child that points at his homestead with his left hand! The Akan people of Ghana put it this way: a bastard child points to his father’s house with his left hand’. The Yoruba say that ‘a person who points to their homestead with the left hand is not a good person’, while the Luhya of Kenya say that ‘when pointing to your village, use your right hand’. It is in the Swahili language that a sort of generalised use of the left hand is concretised when it says ‘the left hand is for personal hygiene, not for pointing!
Bastard child! Homestead! Pointing with the left hand! These three constituents and functional parts of the proverb tickled my teenage imagination to no end. What is it about the left had that it should not be used to refer to one’s family? Why is this metaphor common across the continent? Indeed, there must be something about the family, about the homestead, about one’s origins that deserves respect no matter the circumstances.
By the way, some Nigerians in the diaspora also point to Nigeria with their left hand. ‘That country’, is often used to describe the place where some spent eighteen or thirty of their lives as they tried to find their feet. So, in a sense, Kemi is simply doing what some full-blooded Nigerians do in reaction to the anomie which currently rules the land. Kemi stands out because of her delicate and prominent position in the world. We all took offence when Bully Donald Trump referred to ours as ‘shithole countries! At that level, who said what becomes very important, that is, the message is given prominence because of the stature and calibre of the messenger.
The proverb, according to Wikipedia, is ‘often used to convey that someone who is not respectful or grateful to their roots or heritage will eventually be rejected or ostracised by their community! The left hand, we are told, is for personal hygiene. We don’t use it to give or receive gifts; we don’t use it to serve drinks or for traditionally important functions.
In the African context, a bastard child is not one who was born out of wedlock or whose father is not known to the family. Bastard child represents a person who is disconnected from their family. Pointing to the family house with the left hand is indicative of disrespect.
These thoughts flooded my mind when I read recently elected leader of the Conservative Party in the UK, Kemi Badenoch, gave some hard and bad knocks to Nigeria, the Nigeria Police, and governance in her Nigeria, her ancestral home. To be sure, nobody who has encountered some men of the Nigeria Police in action can fault Kemi. Her chemistry of being brutally frank is what has taken Kemi to the heights in Conservative Party politics. Whether she can indeed lead the Party to victory in an election is a different kettle of fish. As the potential leader of the British government, all cards will count when push gets to shove. Which is why Kemi should remember that no well-trained child points to the family house with the left hand.
Nigeria is in process. It is a building site. And we started this project of disparate and different cultures fused together when the British pounced on our ancestors to create Nigeria. We look back to the years when a British monarch, King Henry VIII (1491 to 1547), who ate two of his six wives for breakfast and dinner. Wives Anne Boleyn and Catherine Howard were executed by beheading. Jane Seymour died under mysterious circumstances. Perhaps if Diana had emerged in the 15th century as wife to a British monarch, the reigning king would have sent her to the guillotine instead of the tunnel in Paris! Some British monarchs actively participated, supported, and profited from the transatlantic slave trade. British monarchs oversaw the colonisation of indigenous lands in Africa, North America, and Australia sometimes through genocide! No where in Africa, our dear left-handed and grandly insolent Kemi, would a Prime Minister allow his wife to remain in an adulterous relationship for decades as Harold Macmillan did with wife Lady Dorothy Macmillan did with the bisexual Bob Boothby in the 20th Britain!
We may need to remind Kemi that racism still dominated policing in Britain as it does in much of the Western world. Yet, we have not painted the entire police system as being racist. Indeed, Kemi, without officialdom around her can still be profiled by a police officer if she were found driving alone in some areas of London! Her skin colour, is not typically British, I dare say. Yet, we have not said that Britain is racist. The ‘how dark’ racist discussions which precipitated Harry and Meghan fleeing the British monarchy is still very fresh and raw in our consciousness; yet, Nigeria’s Vice President has not called the British monarchy a racist institution.
Time will fail me to discuss the Damilola Taylor case in year 2000 when the Metropolitan Police handling of Taylor’s murder was seen as slow and inadequate due to racial bias. By the way, Damilola was both British and Yoruba like our illustrious and petulant Kemi who believes in giving hard knocks! What about the Stephen Lawrence 1993 murder case which the Metropolitan Police badly handled owing to racial bias? In 1999, Roger Sylvester, a Black man, died in police custody and an inquest showed that the police used excessive force. In 2009, newspaper vendor Ian Tom died after being struck by a police officer during the G20 protests in London. The 1999 Macpherson Report, which investigated the Stephen Lawrence case, concluded that ‘the Metropolitan Police as institutionally racist! As late as 2017, the Lammy Review which was led David Lammy (MP) concluded that “black and minority ethnic individuals were more likely to be stopped and searched, arrested, and imprisoned than their white counterparts! Need I say more?
So, our dear daughter and bright star Kemi in the British firmament, we shall not point to you with our left hand, because in spite of you, you are our daughter. We can only say that the Nigeria Police is in good company of the Empire of the Police system which was created in 1820 by your progenitors from the other side! Colonial vestiges are not easy to shake off!
Opinion
Afe Babalola And Dele Farotimi: On Justice, A Just Society And The Nigerian State
Published
14 hours agoon
December 22, 2024By Tunji Olaopa
The feud between elder statesman, Chief Afe Babalola and civil rights activist, Mr. Dele Farotimi, is perhaps the most significant discourse that postcolonial Nigerian state has thrown up for the moment, one in a class of those grand defining disputations that surely will gather dust which will take some time to abate. And it is one case that is fraught with all sorts of legal, jurisprudential, moral and political traps and complexities that speak to more than the trivial interventions—leveraged around the David and Goliath motif—that are attending the matter. Those who have been able to go beyond the surface of the case will agree that it goes to the very foundation and founding of the Nigerian society, and the fundamental objective of crafting a good and just society for Nigerians. That the issue revolves around the dispensation of justice immediately alerts us to the deep insinuation about the idea of social justice itself, and how the conception of fairness could be written into the very fabric of the Nigerian society. And yet, the complexity of the case is what makes it a case that is too critical for a public servant like me to dabble in.
(Un)fortunately, my intellectual maturation, my political science education and my professional endeavor in institutional reform advocacy have prepared me to intervene in this critical matter. I have always been involved with Nigeria, and with reflective thoughts about how to reconstitute her greatness. Three learning encounters with three world-historic icons configured my passion for wanting to see that Nigeria becomes a state we all can be proud of. The first came from my reading of Plato’s Republic. There is a reason that the entire treatise commenced with the question, what is justice? Justice was a fundamental issue in the decline of the ancient Athenian democracy that allowed Socrates to be judicially murdered. The second learning derived from Wole Soyinka’s dense prison memoir, The Man Died. And like most who have read it, Soyinka was troubled by the idea of justice: “For me, justice is the first condition of humanity.” By the time I would be coming to Thomas More’s Utopia, I was already apprised of the connections between my political science education, my professional endeavor as a public servant, and the key elements of institutional reform as a cogent framework for transforming Nigeria.
From Plato to Soyinka, we have a trajectory of political reflection that takes justice seriously as the basis for organizing a just society. This is part of the intellectual frameworks for my undergraduate and graduate studies at the Department of Political Science, University of Ibadan. In one of those explosive seminar classes that played some fundamental role in my intellectual maturation in the graduate school, I had proposed an argument through a seminar paper titled: “Is a revolution an option to fix Nigeria?” The topic was meant to titillate the collective yearning for revolution that would serve as the ultimate mechanism for social change that would flush off all traces of corruption and degeneration in postcolonial Nigeria. Revolutions seem to possess some allure for the masses because they constitute a framework of justice that the constitutional justice mechanism might not be able to handle.
However, as Wole Soyinka, Thomas More, Martin Luther and even Galileo Galilei would realize, the need for radicalism is balanced by the force of establishment orthodoxy. The Nigerian predicament has, as a fundamental foundation, a lot to do with the connection between governance failure and injustice in terms of the persistent and protracted class strife between the haves and the have-nots, between the rich and the poor, indeed, in the final analysis between the government and the governed. And in the case between Afe Babalola and Dele Farotimi, the issues boil down to the administration of justice and the entire edifices and institutions of social justice and the rule of law in Nigeria. And so, in outlining the key issues involved in the matter, we must be careful enough to read between the lines and the noises of analysts who are eager to queue behind their favored protagonists.
First things first. Let us remove the surface debris. Indeed, and in this case, the debris points us in the direction to look for the rot within the matter. First, there is the matter of civil defamation and its legal ramifications. And second, there is the issue of the legal and moral protocols involved in dealing with the pursuit of redress by someone who knows and understands the law. Barrister Farotimi has a legal right to seek redress in court. Chief Babalola has a legal right to defend his reputation in court. In raising the specter of legal prosecution against defamation, I see Chief Babalola as being at the forefront of gatekeeping the legal establishment in terms of what is and is not permissible or possible under the law and its conservative tenets. If you are hurt or an injustice has been done to your person, then the best place to seek redress is not the court of public opinion but the constitutional legal establishment.
Unfortunately for him, Barrister Farotimi’s book, Nigeria and Its Criminal Justice System, impugns the entire legal and judicial establishment up to its apex institution, the Nigerian Supreme Court. However, does radicalism preclude moral decency? A book could be written and allegations made without the complement of atrocious language. Or maybe the rot in the judicial system, and the need for a revolution preclude any niceties, especially with those who are allegedly at the forefront of perpetuating and protecting the rot. But then, how to prove what we all consider to be the norm in terms of legal prosecution of judicial corruption remains a hanging question.
No matter how we look at what we are calling the surface debris, we are redirected deeper and deeper into what lies beneath the surface. The ultimate question is that between Chief Afe Babalola and Barrister Dele Farotimi, what we are asked to contend with is the state of the Nigerian judiciary and the corrupt impediment of social justice, especially for an average Nigerian. What Barrister Dele Farotimi said about the Nigerian judicial system is not new. We are all familiar with the rot within the system. Indeed, this is not the first time an alarm would be raised about what we are all familiar with. Indeed, as far back as 1999, The News magazine carried a most unsalutary headline, “Crooks on the Bench: An Expose on the Rot in the Judiciary.” The magazine headlined the names of 47 judges indicted for judicial corruption. What is new is that Dele Farotimi dared to go so far as to mention specific names, and to confront the big players in the legal establishment. And he did this in a most scurrilous manner targeted at getting maximum traction and attention. It is as if Mr Farotimi, through the public sphere, is throwing the gauntlet to every Nigerian and challenging us on our collective responsibility to clean the Augean stable.
If Barrister Farotimi cannot prove his allegations in court, it would not mean that his charges are false. It might only imply that the system which is supposed to guarantee justice has become too corruptly dense to achieve its mandate. But there is also the chance that since the entire judicial system cannot be tarred so broadly with the same brush, Farotimi’s allegation might receive a dispassionate hearing that might deliver justice as we expect it. This might be a tall expectation. Nigeria’s postcolonial predicament has inevitable consequences on the capacity of the judicial system to facilitate the delivery of justice. And this failure also complicates the capacity of the Nigerian state to deliver on its social contract to Nigerians. This is what makes the Babalola-Farotimi case too complex to be decided either in the constitutional court or the court of public opinion. The burdens of postcolonial disruptions that the Nigerian judiciary system carries are enormous: judicial corruption, miscarriage of judgments, executive lawlessness, delayed trial due to insufficient infrastructure, financial dependence on the executive arm of government.
To outline the fundamental challenges of the judicial system in Nigeria this way is not to give in to cynicism and a deterministic mindset that we might be caught in a vice that is inescapable. It is simply to say that the ongoing uproar between the two dramatis personae demonstrates that the court has been given a chance to reflect on the role that (in)justice plays in the fundamental understanding of the Nigerian postcolonial predicament and the capacity of a democratic system to correct itself. When Chief Afe Babalola and Barrister Dele Farotimi are given their day in court, we will have no choice but to trust that same judicial system to deliver unbiased judgment no matter our misgivings about how objective and untainted that judgment could be. This is just a way of saying that though our judicial system is not perfect; it is still the best that we have.
The last words on this reflection on the connection between the ongoing feud between Babalola and Farotimi and Nigeria’s postcolonial predicament must be given to Haile Sellasie, former emperor of Ethiopia: “Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”
Olaopa is the Chairman, Federal Civil Service Commission,Abuja, and Professor of Public Administration.
tolaopa2003@gmail.com
By Leo Igwe
The Advocacy for Alleged Witches (AfAW) is concerned over the reported arrest of two men accused of being ‘witchdoctors’ in Zambia. The arrest underscores the potency of witchcraft fears and the connection between occult anxieties and the country’s politics. These individuals were accused of trying to bewitch the Zambian president, Hakainde Hichilema. The police claimed that they had charms. They planned to use the charms to harm the president. The report says the two persons have been charged under Zambia’s Witchcraft Act. The Act criminalizes “possession of charms”, “professing knowledge of witchcraft”, and “cruelty to wild animals”. The police found the two with assorted charms, including a live chameleon.
This development is utterly embarrassing and shows that the Zambian government is slowly losing its focus and bearing.The country has many socio-economic challenges. Suspicion of bewitchment or possession of charms should be the least of its worries at this time. There should be no place for witchcraft and possession of charms in modern politics because there is no evidence for these beliefs and practices. Zambian authorities should not weaponize the Witchcraft Act or use it to justify this incident. Zambian law does not recognize witchcraft. Zambia’s Witchcraft Act criminalizes naming or imputing witchcraft. It prohibits accusing or threatening to accuse any person of being a witch or a wizard. In this case, it is the police who are breaking the law.
Otherwise, how did they know the two individuals were ‘witchdoctors’? Did these persons identify as witch doctors? If not, the police are liable because they named and imputed witchcraft and have to prove that these individuals have witch-doctoring powers. The police claimed to have charged these individuals for possessing “assorted charms”, including a chameleon. Really?
The police in Zambia have questions to answer: What are charms? How did they know that what was in their possession were charms, not pets? Is a chameleon a form of charm? What makes possession of a chameleon possession of a charm? When and how does a chameleon become a charm? The police need to answer these questions and more before one takes them seriously.
Again, did the individuals describe what was in possession as ‘charms’? If they did, does confessing or designating something as a charm make it a charm? And if they did not, the police are liable because they need to prove how those possessions translated into charms.
In addition, the police claimed that the duo wanted to bewitch the president. What does that mean? How did they know? Are the police not contravening a provision under the Witchcraft Act by professing knowledge of witchcraft? Can one harm another person using a chameleon? They claimed that the two persons wanted to use the charms in their possession, including the chameleon to harm the president. How did they know that? What is the evidence for that?
The Advocacy for Alleged Witches calls for an end to this state-sponsored witch hunt. There is no evidence of harm through witchcraft or charms. The Zambian government should desist from witchcraft- related infractions and violations including arbitrary arrest, and detention of innocent citizens. These allegations are baseless and absurd. The arrest was politically motivated. This development demonstrates that Zambian authorities are out of sync with their duty and obligation to uphold the rule of law and protect accused persons.
Zambian authorities need to act in compliance with the 2021 UN resolution, which urged states to take measures to combat abuses linked to witchcraft beliefs and ritual attacks. End witchcraft allegations in Zambia. End witch hunts in Africa now!
Dr Igwe directs the Advocacy for Alleged Witches.
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