We didn’t vote on child marriage – Sen Abaribe

By BARTHOLOMEW MADUKWE
Senator Enyinnaya Abaribe is the Chairman Senate Committee on Media.In
this interview, he spoke on issues surrounding the widely condemned
Child Marriage. Excerpts:
So can you tell us what really transpired at the senate, leading to
the "Child Marriage" issue?
The committee that was set up by the Senate to amend the constitution
looked at 4b of Section 29 and felt thatbecause it makes specific
mention of a married woman, which actually has nothing to do with 4a
and renunciationof your citizenship, was not meant to be there. This
is because that subsection is in conflict with Section 42of the
Constitution, which talks about discrimination.
And so we could not have two sections that are against each other,
because bybringing in 4b that has a specific mention of a woman, we
felt that it was against Section 42. So the committee now brought it
to us and said rather than continue to have a problem, let that
particular Section 4b be deleted since 4a is there and it is gender
neutral. And that was what played out on the floor of the Senate
because at that point we voted on it.
When we voted, the Section 4b actually passed to be deleted. But what
now happened was that subsequently one of our distinguishedsenators,
Senator Yerima, raised a point-of-order. Now in parliamentary
practice, you can raise a point-of-order either on the basis of the
constitution or on the basis of our rules.
Now, he raised a constitutional point-of-order that under the second
schedule of the constitution, Section 61 defines the area that you
legislate on as the exclusive list. And Section 61 talks about
Statutory Marriage. And in Section 61, it says that we cannot go into
Customary law or Islamic law as the case may be.
Now once you raise a point-of-order, it is bound to be taken by the
presiding officer, the Senate President. And so he(Senate President)
now looked at it and decided that in the interest of everyone of us
that were in the chamber because everybody in that represents a
constituency. And once a point-of-order is raised, somebody from a
constituency wants to point out that there is something that he is
seeing there is against whatever he feels his own feelings, as
epitomized by his constituency, is.
Senator Eyin Abaribe
So the Senate President had no option than to take it. It could not
muster the required two third number that would be used to be able to
delete it from the constitution. And that is exactly what happened.
What really we see is that several commentators, several editorials
and all manners of things have been put out to the public with respect
to Section 29 and what we voted on was not child marriage.
When the point-of-order was raised, was it raised before the vote was
taken or after the vote had been taken,and could the point-of-order be
raised after the vote had been taken?
The point-of-order was taken after the vote. Usually every presiding
officer, inother to make sure that every interest is catered for
within the Nigeria states,bends over backwards to accommodate things
that are sad by members who represents a constituency.
When Senator Yerima raised that point-of-order, the presiding officer
was bound to take it. And on taking it, those who voted against the
position for us to leave it there where in the minority; it came to 60
to 35. But the point really is that constitution stipulates that for
every position to pass, there must be two third majority.And because
that two third could not be gotten, that is how that particular
section is still in our books as it is today.
Item 61, part 1 of the second schedule of the constitution talks about
Customary law and Islamic law with respect to age of marriage, but
bringing it in with respect to this one, people think that was able to
happen because of the ambiguity of Section 29 (4a and 4b) and that if
this is not deleted such things will always pass?
Renunciation of citizenship
That is not correct because this particular section is specific to
renunciation of your citizenship and does not have anything to do with
any other part of the constitution, with respect to either Islamic law
or customary law. And let me also say this, this same national
assembly in 2003 had passed the Child Rights Act. And in Section 21 of
the Child Rights Act, the age of marriage is specified there- 18
years. That means that we already have a subsidiary legislation on age
of marriage.Simply thinking that somebody is trying to go back to that
section and try to use it does not come in at all because that section
is specific; it deals with the matter of renunciation of your
citizenship or keeping your citizenship. Now what we know today is
that the age of marriage as passed by this national assembly, under
the Child Rights Act is 18 years. But the Child Rights Act will need
to be domesticated in each state. As at today, most states have passed
the Child Rights Act or have adopted it. I think only 12 states are
remaining. What we have been doing is interfacing with Houses of
Assembly of those particular 12 states and telling them to go ahead to
adopt the Child Rights Act.
Maturity age
So, with respect to child marriage, the National Assembly has already
done something about it. The question of this section, has nothing to
do with child marriage. But why did the Senatewait this long to
explain this to Nigerians because truly the 2003 Child Rights Act has
states talking of so manyissue relating to marriage age or maturity
age, which most of them said is 21 years.
But in all of these, did anyone stampede the senate or deceive the
senate into retaking that particular vote after it was done the very
first time?
Nobody bullied the senate, nobody pushed the senate, nobody did
anything to twist the hand of the senate. This is mainly a pragmatic
approach that we normally take in legislation. Legislation is done for
all times. And some of the times, somebody can get up and say we may
have to revisit this section because wenow have further information on
that. All that simply happened was that there was a point-of-order
raised and usually anytime a point-of-order is raised on anything, we
vote on it.