The Girl-Child Marriage Conundrum and the“Place” of Religion in our Democracy!

If the Berlin Conference of 1885 sealed her fate, then the
Amalgamation of the Northern and Southern protectorates inextricably
complicated Nigeria's destiny. Animists, Moslems and Christians alike
were held together by a delicate, some say an artificial lattice"-
Chinua Achebe
If my memory doesn't fail me, the last time the political atmosphere
was heated the way it has been lately based on the interpretation of
some constitutional provision, was way back in 2010 when the
provisions of section 145of the constitution betrayed the
interpretation and application of the entire senators and stakeholders
in Nigerian politics and therefore generated a stormthat nearly
engulfed the polity, save for the ingenuity of senate president, David
Mark with his "Doctrine of Necessity" principle. With that
development, Nigerians especially those in the "endangered" zones were
able to sleep again with twoeyes closed.
This time, it is section 29 of the same constitution, but this one
seems to be stirringmuch controversy and catching the attention of
theentire population, thanks to the "court" of the social media, but
also no thanks to unemployment rate that hastripled in the last 36
calendar months. Many people have managed to buy a liter or two of the
Petroleum Motor Spirit to fuel their I-Pass My Neighbor generators
since PHCN has decided to "hold" on to power, one need not put all
their eggs in their Power basket. They may even eat up your eggs. They
manage to charge their various devices and swim in the big waters of
the social-media where everything is allowed in-so-far-as you are
subscribed to the uncensored internet to air their views about what
many call a degradation of the Girl-Child and many others, as a
clear-case of where Ignorance meets illiteracy. Perhaps, the hashtags-
#childnotbride,#Giveherpennotpe*nis,#EducationnotChildLabor and many
others will not be forgotten too-soon, the height of amnesia
notwithstanding.
However, in all of it, I am somewhat appeased to a great extent not
because of the controversy it has generated, but because Nigerians are
beginning to take part in partisan politics.We are beginning to
influence the activities of government by at least not failing to
re-fill the pressure bags of government and putting them in constant
checks every now and again.Were Baron de' Montesquieu been alive to
this era, he would have considered to widen the scope of his principle
of "Checks and Balances" to include citizens in the equation and not
just the three tiers of government – Executive, Legislature and the
Judiciary as they hardly live up to that responsibilityand when they
do, they fail to balance same. Nigerian citizens should be considered
for a National award when next the "Sadaqa" unfolds.
Apologies for the deviation from the real problems of this piece and
now let's get into the "theatre". It is my presumption that too many a
reader are already acquainted with the issues that has led to the
latest quandary so it will be almost needless to go into the
knitty-grities but an appraisal must be made nonetheless.
While the National Assemblywas more interested in section 29(1) of the
constitution which has "the Renunciation of citizenship" as its
marginal clause, the house was swept off its feet when the senator
representing Zamfara central and also public opinion's new found
nemesis, Sani Ahmed Yerimaspoilt the fun by not agreeing with the
proposed abrogation of subsection 4(b) of the same section which
states that, "for the purposes of subsection(1) ofthis section, any
woman who is married shall be deemed to be of full age" which
subsection4(a) pecks as 18 years and above as according to him, it
logically means that an abrogation of subsection 4(b), will bring an
end to the "culture" of marriages with women below the constitutional
age of 18 and also an aberration of Islamic Law doctrine which allows
the marrying of a girl below the age of 18 hence consummation of the
marriage takes place when she has approached pubertyand the earlier
marriage concluded with the fundamental elements of offer and
acceptance both ofspouses and parents.
The house was thrown into a near turmoil and as in every other
democracy; the leader of the senate conducted a voting process which
terminated in favor ofthe pro-girl child marriage senators as the
opposition couldn't furnish the constitutional 73 votes required to
that effect. They could only arrive at 60 votes but the other 13 won't
just come and it is not surprising. Of course it should be expected
that with a matter of such bearing on religion, the predominantly
northern/Muslim senators, have the power to do and undo because of
their number and in a democracy, majority will always carry the day.
Ever since then, the media has been aghast, making frisk business
since virtually everybody wants to hear the latest development to that
effect. That is Nigeria for you. Religious/ethnic sentiments have
taken the reins in place of our objectivity.
Haven said the foregoing, it is commonplace, that we areup against a
religious debate than a socio-economic one and commentators must at
least be discordant with respect in treating issues of such import.
Bearing this is mind, I have chosen not to peer into the issue in
controversyfrom the socio-economic angle as public sentiments has done
thus far as I would never get it right and in the same vein, risk
trampling and desecrating upon the religious beliefs of the next man
which in every manner and respect is unfair to him-that I hate to do.
Prima Facie, I tend to agree with Senator Ahmed Sanni Yerima's
position since it is rooted in the principles of Shariah and
authenticated in the Sunnah (way of life of the prophet). A person who
Yerima and the entire Muslim Umma, see as the finest example of
mankind when he took marriage for Aisha with her parent's consent, but
consummated the union when she approached puberty and visibly seen to
go through the rigorous experience of child birth. Expunging section
29(4)b as the senate had earlier canvassed for, that fateful tuesday,
would have made the practice criminal and hence the justification for
Yerima's position but in this justification, lies the bigger question:
Is Nigeria an Islamic State?
To this question, section 10 of the same constitution, expressly
answers thus: "the government of the Federation or of a State shallnot
adopt any religion as state Religion" Nigeria remains a secular state,
but amidst her secularity, religious views have at one time or the
other, been the basis for not allowing certain bills see the light of
full legislation. One, which comes to mind, is the most recent Gay
Right bill that was unanimously thrown away on religious, moral and
cultural grounds. The argument therein is: if religious sentiments,
have played a role in throwing away certain bills in the waste bin, it
should also be a furnis able ground for allowing some bills or Laws to
be retained in our statutebooks. It is even worse when a region of the
country has their culture engraved in their religion. A view to the
contrary, I make bold to say will usher us intoa debate as to whose
religion should be the litmus paper on which issues of this nature
should be tested. That again, is Nigeria for you and I. it is
thesituation we unfortunately find ourselves lurked in and true to
Achebe's words that is what has "inextricably complicated our
destiny".
Religion has cut through ourpolitics and our democracy and has
separated us more where we ought to have been knotted together and it
won't stop recurring. Child-Marriage socially, morally and
economically ought not to have been what we should be discussing now
as many people have come out to say and true to their words, there are
obviously other pressing issues begging for national attention. The
effect of such early marriages no doubt, is devastating to any
nation's economy. Who wants that population explosion that comes with
such or the medical impediments in theform of Vesico Virginal Fistula
(VVF) and so on and so forth? But that is not the question. Religion
holds sway and peoples' religious beliefs transcend all of these.
We did not make the world but accidentally find ourselves here being
born into different families and broadly separated along two religion
and diverse cultures. So there is no reason we should be "quarrelling"
with what a person's religion celebrates.If any group on its own
decides that its religion or culture is not worth talking about or
practiced, it can stop talking about it. But I don't think anybody can
suggest to the other person whether expressly or implicitly: please
drop your culture or religion, let's use mine. That is the height of
arrogance and the boast of imperialism. I think cultures know how to
fight their beliefs and it is up to the owners to ensure theirs
survive and if they don't want, they should act accordingly but not
being cajoled out of it by the legislative gavel. If anything, it is
an open invitation to religious "war" and acrimony. Who wants that
now?
My grouse with Yerima, is his veering of the religious justification
for his position when he replied his critics. Such vulgar words and
innuendos shouldn't have come from him irrespective of how much
pressure he may have been subjected toby the media. Such acts,
questions his intelligence and puts a doubt to his leadership quality
of self-control. He owes Nigerians an unreserved apology.
Finally, if this entity must coexist, the interest of the regions that
make it must be accommodated as no Lawcan thrive if the "people" or
their representatives haven't approved of them. And it is immaterial,
how high the price is. I will conclude with the post on my face book
wall 24hours ago, that has continued to generate comments- "An average
Muslim finds his culture engraved in his religion unlike his Christian
counterpart who has his culture and religionseparated in the same way
acoin has two sides. He gives to "Caesar" what belong to Caesar, and
to God what belong to him. His Muslim counterpart hasn't that luxury
of options; so it is always easier for many Christians to see the
Girl-Child Marriage as a taboo or something close to an anathema.
Let's not meddle in such sensitive matters with subjective minds but
rather, objective ones. Let the Muslim brothers be allowed to practice
that which their religion holds germane and not be seen as bunch of
pedophiles and let Christians alike, do that which their culture and
religion propagates" God bless Nigeria.
Raymond Nkannebe tweets @yung_silky
Nkannebe_raymond@yahoo.co.uk