Ekpo Masquerade Wanton Activities In Akwa Ibom State: The Legal Critique

Ekpo Masquerade Wanton Activities In Akwa Ibom State: The Legal Critique

By ~ Meti M. Ukpeh, Esq.

(Ama-Mme Anana-Owo)

ABSTRACT

Verily, it is a told truth that cultural practices, customs and values are allegories of a breastfeeding child who appears inseparable from the caress and tender breast of the mother; little wonder comity of nations in various charters and protocols incorporate some cultural values as “jus cogen”, countries enshrine same in their constitutions and states incorporate same in their laws. Conversely, as an attempt to further trap the people to the dungeons of uncertainties, rampant unauthorized masquerade processions, especially, during EMBER MONTHS and festive periods, have further thrown the populace into turmoil, threats, fear as a result of the illicit activities of masqueraders turning the perceived cultural heritage into opportunistic extorting money making spree while leaving its victims in a near-perpetual fear. This is a sheer and blatant infringement of human rights. Thus, this paper will juxtapose the incessant activities of masqueraders with particular reference to laws of Akwa Ibom State, the encroachment thereof and possible recommendations. 

INTRODUCTION

 The citizenry, against the backdrop of societal laws, should not be put in an imminent fear, danger, threat or oppression of any kind. Hence, Nigeria and Akwa Ibom state are not exceptions in legislating or reactivating its existing legislations and subsidiary legislations on masquerade control. These revelations will be evident in the course of this article.

Undoubtedly, human beings have those rights which are inherent, inalienable and constitute a birth right in nature without which we cannot function as human beings. See Universal Declaration Of Human Rights, 1948; African Charter On Human And Peoples’ Rights, 1981. See also, New Patriotic Party v. IGP Accra (2000) 2 HRLRA, 1 Sup. Ct. Ghana.

Little wonder the American Declaration of Independence emphasized thus:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights, which among these are life… and the pursuit of happiness….

Consequently, respect for human rights needs to be upheld at all times, irrespective of circumstances or political systems. The right of any particular individual or group in any particular circumstances can only be restrained if they threaten to curtail similar or comparable rights of other persons; thus, human right law applies at all times and in all situations. See Article 27(2) African Charter On Human And Peoples’ Rights, 1981.  However, some human right treaties allow for certain derogations in a “State of Emergency”. Be that as it may, such emergency, when it is imperative, the law insists that any measure that would limit human rights during a state of emergency must be limited to the extent strictly required by the exigencies of the situation as consent of person is of paramount consideration in global best practice. See UN Human Rights Committee, General Comment No.29 On Article 4, International Covenant On Civil And Political Rights, 24 July 2001.

Apparently, customs and cultural practices enjoy the flavor of the law, hence given credence in Constitution of the Federal Republic of Nigeria, 1999 ( 2011, as amended, hereinafter referred to as the “Constitution” or “CFRN”) sections 15(3) thus:

 For the purpose of promoting national integration, it shall be the duty of the state to:

Sub(3)(d): 

Promote or encourage the formation of associations that cut across ethnic, linguistic, religious and or other sectional barriers. S.17(3)(b) states thus: 

Conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life In Akwa Ibom state, the festivities of masquerade procession have been given legal impetus, control and regulation even as cultural practices are integral to the people of the state. This is evident upon the careful perusal of Section 1 of Masquerades Control Law (Laws of Akwa Ibom State, cap 83. Vol.VI)

S.1 provides thus: 

No masquerade shall assemble or proceed on any procession anywhere in the state unless the recongnised leader responsible for such masquerade has obtained a permit from the Commissioner.

Obviously, with blatant refusal to heed to this law, countless number of masqueraders have constantly constituted themselves as a public nuisance, posing threats and immense fear to the populace in Akwa Ibom . In some localities in the state, these ceremonies are not just mere appendage of festivities, but a day, week or month of fear calculated and instilled in the minds of the people. In some cases, these masquerade rituals are moments to orchestrate personal vendetta a masquerader had with his victim. Some of these vices result in eventual injuries, and in dreaded situations, death occurs as a result of unidentifiability of the masquerader who must have ran away after successfully bathing the victim with his ceremony of sorrow. This is a practical instance of a masquerade vendetta in Essien Udim in a year 2020, when a masquerader went rogue hence battered to death the life of a young man. Also, some of the miscreants that perpetuated the destruction of public facilities and robbing of innocent Akwa Ibomites of their hard-earned properties during the ENDSAR in October, 2020 were disguised/masked as masqueraders. Till date most of these masqueraders still fill our streets with these threat-tendencies. This in entirety is a sheer disregard of the law. See  sections 33, 34, 35, and 37 of Constitution. Consequently, S.8 of the Masquerade Control law provides thus:

 Any masquerader, who demands any gift from any person with threats or menaces, or to the annoyance of such person or causes fear to any person, is guilty of an offence and liable upon conviction to imprisonment for six months without any option of fine.

Verily, the law is that, whenever any masquerade desires to assemble or proceed on any procession, the recognized leader of such masquerade shall submit an application in writing to the commissioner for a permit which such an application must specify the date and hour of the assembly or procession of such masquerade; specify the square and other places where such masquerade may assemble, specify the routes through which such masquerade may proceed on its procession and; guarantee that such masquerade shall peaceably assemble, peaceably conduct its procession, and peaceable disperse. See section 2 (1)&(2)

It is also noteworthy to submit that, it is never the contemplation of the law that a masquerader should stray outside the square or other place authorized under a permit issued the law. See S.4; noteworthy is the fact that, it is very mandatory that a masquerade procession should have a recognized leader who shall keep a register of the names and addresses of all the masqueraders who belong to his group and shall assist the police in the investigation of any offending masquerader belonging to his group or any other group with sanctions attached thereat in event of default. See. S.11

It is trite that where a customary practice does not pass the litmus test of incompatibility, repugnancy, equity and good conscience, the observance of such customary practice is strongly called to question and on the edge of imminent death and extinction. Thus, illicit activities of the masqueraders cannot, with every sense of it, be said to have passed this test In Jomu V Ikorodu L.GA. (2007) All FWLR (Pt. 394) 245 CA

A custom … can either be declared invalid by a competent court because it is against public policy and/or not in consonance with equity and good conscience or amended by legislature….

In Daniyan V Iyagin (2002) FWLR (Pt. 120) 1805 CA.

A custom which is repugnant to equity and good conscience is not to be given recognition. This is the attitude of court to a custom which is repugnant.

Recommendations:

Apparently, the world cannot be let on a loose of chaos, cold-hearted wheels of disorder or constitute a threat to our collective existence owing to the incessant activities of  a few miscreants.  Thus, legitimate measures abound to curb these vices perpetuated by masqueraders in the streets of the state; some of these measures include: executive order by the state government cautioning, banning or restricting activities of masquerade procession; enforceability of the masquerades control law; sensitization of the public on the need to report these illicit masquerade activities to any security agency; the Commissioner of Police in Akwa Ibom State should be proactive in checkmating these illegitimate contraptions of masqueraders in the streets of the state and such other recommendatory steps toward a sane and peaceful state.