Opinion

Gender-based Violence: Culture, society and psychology

By Hassan Idris

In discussing sexual and gender-based violence, it is of utmost importance to distinguish between sex and gender. Sex is the biological predisposition of being a male or female, while gender refers to a social construction which is socially created. It’s sexual and gender-based violence because it’s violence against the sexual predisposition of somebody, accompanied by social and cultural norms against one’s gender. Sexual and gender-based violence can be violence against men by men, men by women, women by men or women by women. But I’ll be more concerned with violence against women by men. 

Culture and Gender-Based Violence

The role culture plays in sexual and gender-based violence is perilous because most sexual and gender-based violence cases revolve around social and cultural norms that are culturally made by society. Social norms are contextually and socially derived uncontested intentions of ethical behaviours. Sexual and gender-based violence persists as one of the extensively prevalent and ongoing issues confronting women and girls globally.

Disputes and other humanitarian emergencies spot women and girls at heightened risk of numerous forms of sexual and gender-based violence. The Inter-Agency Standing Committee (IASC) 2015 Guidelines for Integrating Sexual and Gender-based Violence Interventions in Humanitarian Action defines sexual and gender-based violence as “any fatal act that is perpetrated against a person’s will, and that is based on socially ascribed (i.e., gender) differences between females and males. 

What Makes up Gender-Based Violence?

Gender-based violence comprises conduct that imposes physical, sexual or mental harm or hardship, perils of such acts, intimidation and other deprivations of freedom. These destructive acts can transpire in public and in private. Toxic social norms that strengthen sexual and gender-based violence include women’s sexual virtue, conserving family respect over women’s safety, and men’s sovereignty to discipline women and children.

It’s paramount for us to know that women are at enormous risk of sexual and gender-based violence. We have seen circumstances where women are endangered by parental violence and violence during adolescence, and survivors always report adverse effects on physical, mental and reproductive health. Yet, often time hostile health and social effects imposed on women are never dealt with because often women do not divulge sexual and gender-based violence to providers or key health care or other services (e.g., safety, legal, traditional authorities) because of social norms that accuse the woman for the onslaught. 

Personal Experience with Gender-Based Violence

I can recall a friend’s elder brother who molested and beat his wife mercilessly because she served his mother food with her left hand. To him, it’s against his culture, and he had to beat his wife till she was hospitalised. Another man beat his wife because she cooked food for him while she was on her menstrual period, which he claimed went against his culture and traditional norms. There are many cases where women are badly hit because of their biological predispositions and cultural norms that give men more power.

Social and Psychological Impacts of Gender-Based Violence.

Sexual and gender-based violence have caused a lot of physiological, psychological and sociological injuries to numerous women. All indicate and enhance inequities between men and women and jeopardise victims’ health, self-respect, protection and freedom. Moreover, it incorporates various human rights infringements, including sexual exploitation of teenagers, rape, home cruelty, sexual battering and harassment, trafficking of women and girls and multiple other dangerous traditional practices.

Any one of these abuses can leave deep mental wounds; ravage the well-being of women and girls in a widespread manner, encompassing their reproductive and sexual health, and in some specimens, results in death. 

It is a Human Rights Violation

Violence against women is the most vastly yet subtlest renowned human rights intimidation in the world. It is an exhibition of historically unequal hegemony approaches between men and women, which have directed to dominance over and unfairness against women by men and to the impediment of the comprehensive advancement of women. Brutality against women is one of the crucial social tools by which women are impelled into a subordinate roles compared with men.

This violence may have contemplative effects, both direct and indirect, on a woman’s reproductive health, including undue pregnancies and insufficient acceptance of family planning information and contraceptives, unsafe abortion or damages unremitting throughout a legitimate abortion after an undesirable pregnancy, drawbacks from recurring rent, high-risk pregnancies and deficiency of follow-up care, sexually transmitted infections, including HIV, continual gynaecological problems as well as mental hardships.

Conclusion

In conclusion, to curtail and reduce sexual and gender-based violence, fundamental deterrence programs that promote change by dealing with the elementary causes and drivers of sexual and gender-based violence at a population level should be enacted. Such programs traditionally included endeavours to economically empower girls and women, enhanced legal penalties, enshrining women’s rights and gender equivalence within national legislation and policy, and other measures to promote gender equality and reduce sexual and gender-based violence.

Hassan Idris wrote from Kogi State, Nigeria, via drishassan035@gmail.com.

Advocacy, ethics and the trial of Abduljabbar Nasiru Kabara (II)

By Ibrahim Ahmad Kala, LL.M

The court is where counsel will spend the rest of his years at the Bar trying to persuade to his view. One cannot carry it along with him if, by lack of manners, one alienates its feelings beyond recall or consistently.

Similarly, the Bar is entitled to be treated with dignity by the Bench. A situation where a member of the Bar is subjected to unnecessary stress and indignity by the Bench contravenes the principle of reciprocity. Here the counsel should not respond with rudeness, but by submitting his grievances to the proper authorities.

The attainment of justice cannot be achieved if judicial officers fail to carry themselves with dignity and decorum in the discharge of their duties. They must at all time develop and maintain judicial mind and be temperate and not temperamental so that the process of administration of justice would not be tempered. However, experience has shown that it is those judges who have refused to acquire the “Judicial mind” that have often been subjected to criticism. Mackenzie said of such judges in the following word:

“Unfortunately, the system has produced many trial judges who lack the temperament necessary to match their power. Many are tyrannical, heavy-handed and abusive toward Lawyers and Litigants who appear in their courts”

In a recent case of MUSA vs. PINNACLE COMMERCIAL BANK & ANOR (2019) LPELR-48016 (CA), M. L. Garba, JCA (as he then was, now JSC) lend his voice on Duty of a Judge to not embarrass or insult a Counsel in the following wordings:

“It must be remembered that Counsel who appear before the Courts to represent parties in cases/matters are, as much as the Judges, officers of the Courts who deserve to be treated with respect in the conduct of proceedings. Even in situation where the conduct of a Counsel calls for criticism or admonition by the Court, appropriate language to be employed by the Court should be courteous, decent, but firm such that the message would be direct and clear, but not scurrilous, abusive and disparaging of the personal integrity and character of Counsel.

Judges, as representatives of the creator on Earth in the Temple of Justice, are expected to be above the ordinary and be extra ordinary in patience, dignity, decency and humanity in words and actions;in the Court rooms where they are “Lords” and outside of the Court. In the words of Ogundare, JSC, in Menakaya v. Menakaya (supra) “We Judges owe it a duty to be restrained and civilized in dealing with those counsel, parties and members of the public who appear in our Courts.” I also find the admonition by Uwaifo, JCA, (as he then was) in Salim v. Ifenkwe (supra), apt when he said:- “It is indecent and discourteous of any Judge to take undue advantage of his immunity to embarrass a Counsel with insults and scurrilous remarks. That is a clear case of abuse of privilege.

The Court is and must be run as a solemn, dignified and civilized forum where the sacred duty of the administration of justice is carried out on a consistent sobriety of the mind. It is not a pandemonium where insults are shouted….” In the premises, I find merit in the submissions of the Appellant that the statement by High Court on his person and professional conduct in the Ruling on the Notice of Summons dated 4th February, 1998 was totally unwarranted unsupportable in law and should not be allowed to stand.”_ Per *GARBA, JCA.* (Pp.17-24, Paras. D-A).

Hence judicial officers of this category in Nigeria or indeed anywhere in the world are a negation of the integrity facet of the tradition of the legal profession.

While it is true that the Nigerian judiciary has many gifted, learned and honest Lawyers/Judges/Justices who have occupied and still occupying judicial offices in Nigeria and some commonwealth countries, it is the judicial officer whose conduct falls below the required standard that usually occupies the headlines in both the press and electronic media when the National Judicial Council (NJC) descend on him or her. 

It is therefore, of paramount importance that every person who has been called upon to discharge the duties of a judicial officer must abide by his judicial oath and maintain the dignity of his exalted office. This is a noble pursuit. It is necessary to say to all engaged in judicial administration to borrow the words of Crompton J. thus:

“Let your zeal be as warm as your heart’s blood, but let it be tampered with discretion and with self-respect. Let your independence be firm and uncompromising, but let it be chastened by personal humility, let your love for liberty amount to a passion, but let it not appear to be a cloak for maliciousness”.

Both Islam and Christianity which are the two prevalent religions in Nigeria and which to the understanding of many, have adherence from among the members of the Bar and Bench, have alluded more spiritual injunctions for those engaged in the administration of justice.

The Holy Bible in the book of Deuteronomy Chapter 16,verse 18-20, and in the Holy Qur’an Surah Nisai, Chapter IV,verse:135 – which all have bearing with the oaths phrase” …to do justice to all manner of people without fear or favour, affection or ill will, so help me God”, demand from judicial officers to refrain from perverting the course of justice; showing partiality; accepting bribe; and subverting the course of righteousness. The Challenge however, lies in the will, innate ability or conviction to avoid those that are formidable, and to do what is right.

In conclusion, although the court in Law is the judge, the court in general parlance, consists of the judge and the Bar. Both are indispensable partners in the administration of justice. None is made more important than the other. The Bench cannot function without the Bar and vice versa. Hence, in order to ensure smooth administration of justice, there should be reciprocal respect. There should be the spirit of give and take in the courtroom.

The Bench even though, decides cases brought before it by the Bar members, it should not feel superior. After all, it is the Bar that supplies the judicial personnel and also feed the Bench with the tools of the case, in terms of facts and the law. Although, that has never given the Bar any “upper hand” in terms of superiority over the Bench! Once there is mutuality of purpose between the Bar and the Bench, litigation and adjudication no longer become tedious, but pleasant and easygoing.

Ibrahim Ahmad Kala Esq is the Head of Litigation Department, Court of Appeal Gombe division and can be reached via ibrokalaesq@gmail.com

Residents cry over project abandonment by Sen. Danjuma Goje

By Nazir Muhammad Saulawa

It has been about three years since the reconstruction project of the “Gadan Dauda” bridge began at the centre of Dadinkowa Town in Yamaltu Deba LGA, Gombe State. The project was started around 2019/2020 by the former Governor and the incumbent Senator representing Gombe Central, Alh. Danjuma Goje. He promised to address the problem of the constant water flood caused by the seasonal river, which, for over 15 years, led to the destruction of neighbouring houses and properties and eventually restricted vehicles, motorcycles and trekkers from passing through the bridge during every rainfall in the annual raining season.

In early 2020 after Sen. Goje’s intervention to rehabilitate the bridge, residents welcomed and celebrated the new development. However, it is unfortunate that the senator abandoned the project without notifying the people of the area of the reason for leaving it uncompleted. Since then, there has been no feedback from his aides or the contractor.

Moreover, after the demolition of the old one (more repairable), which people managed to repair and use for their everyday businesses, they were left with no choice but to unfollow the bridge or use its dilapidated sides to pass.

Gadan Dauda bridge is the shortcut road that people pass through, especially students of the Federal College of Horticulture, to go inside the town or merchants from different remote villages to reach Dadin Kowa Market quickly. Therefore, completing the project will ease the transportation of goods, save houses and properties and help the passers-by to go about their daily businesses without hesitation or infringement.

We appeal to Gombe State Governor, Alh. Muhammadu Inuwa Yahaya and Sen. Danjuma Goje to finish the project and, if possible, build a new road for more benefits.

Nazir Muhammad Saulawa could be reached via nazzhubby@gmail.com

OBIDIENTS: A thinly veiled ethnic entrepreneurs

By Mubarak Shu’aib

Ask most people why countries break apart, and many will say that different groups sharing a single country naturally dislike and distrust one another. For example, Yugoslavia fragmented because the Serbs and Croats and then the Bosnian Muslims started to fight each other after the collapse of the Soviet Union. Ethiopia recently descended into civil war because its various ethnic groups – the Tigrayans, Amharans, and those from the Sidama region- each wanted government control. So fundamental ethnic and religious differences must be the cause of all these conflicts.

Nigerians have a lot at stake in answer to this question. Our country has become increasingly divided, with ethnicity now playing a central role in debates over where the presidency should go come 2023. Could the country travail through these adversaries and polarisations?

It turns out that the differences themselves do not lead to violence. This is the finding of political scientists who have studied hundreds of ethnic conflicts worldwide. Almost all countries are multi-ethnic and religious, yet few experience crises.

For a society to fracture along identity lines, you need mouthpieces – influential people willing to make discriminatory appeals and pursue discriminatory policies in the name of a particular group. They provoke and harness feelings of fear as a way to lock in an ethnic constituency that will support their scramble power. These mouthpieces are often politicians seeking to gain or maintain control. Still, they can also include business elites (seeking brand loyalty), religious leaders (seeking to expand their followers), and media figures (seeking to grow their audience). 

Separate and hostile ethnic identities don’t exist in a vacuum; they need to be crafted, and these individuals rise to do just that. They’re often at a high risk of losing power or have recently lost it. Seeing another route to securing their futures, they cynically exploit divisions to try to reassert control. We see such figures on our social media platforms (Twitter, Facebook etc.). And they’re more dangerous than what we’ve been led to believe.  Experts have a term for these instigators of conflict: ethnic entrepreneurs.

The term was first used in the 1990s in Yugoslavia, but ethnic entrepreneurs have emerged many times over in all parts of the world. Though the catalyst for conflict is often ostensibly something else – the economy, freedom of religion – ethnic entrepreneurs make the fight expressly about their position and status in society. Harnessing the power of media, they work to convince citizens that they are under threat from an out-group and must band together under the entrepreneur to counter the threat. They also try to persuade those in their group, often with incendiary language, that they are superior and “deserve” to dominate. They (ethnic entrepreneurs), at rallies, symposia, places of worship and town hall meetings, cast aspersions on some ethnic and religious groups.

So why do average Nigerians let themselves be swept along this rhetoric? Perhaps surprisingly, they are often clear-eyed about ethnic entrepreneurs. They know these individuals have their agenda and are not telling the whole truth. Many Igbos did not trust, let alone love, Peter Obi, who was a running mate to Atiku Abubakar a few years earlier (2019). But they’re now willing to show support after a mounting threat to their lives, livelihoods, families, or futures. Over time, the OBidients’ rhetorics and increasing ethnic biases steadily sowed doubts. After silencing the disloyal journalists and media outlets, they plied their audiences with unrelenting messages of fear and suspicion.

These ethnic entrepreneurs are now thriving. But they emerged out of nowhere. In fact,  from the #EndSARS protesters, some of these ethnic entrepreneurs have metamorphosis into #OBIdients. Unfortunately, Mr Obi is relying on their appeals to win the presidency. Albeit with a coded language.

Religion is next. To secure the support of Evangelical leaders and their increasingly mobilised voters, the ObIdients stake more and more pro-life positions. Moral imperatives and cultural identities are now, more than ever, driving voting patterns. 

From appealing to core policy concerns and stoking anxiety where it’s not required, these ethnic entrepreneurs are using different tools to upset the country’s political atmosphere. 

They rightly do so by exacerbating issues on social media. Deborah’s murder is a case study. Twitter exploded, Facebook went mainstream, and social media became an ever-present part of our lives.

Critically, a network of these gleeful ethnic entrepreneurs realised that they could gain ratings and influence by emphasising online tension. As a result, media titans such as SAHARA Reporters, who rely on ratings and clicks, feed us increasingly polarised content.

Into this political morass stepped in Peter Obi. In his bid for power, he realised that appeals to identity could galvanise his political base.  So now, he embraced identity politics explicitly and with gusto.

Obi intuitively understood that the deep feeling of alienation among many Igbo voters could carry him to power.  Although he’s too clever to factor much into the division like other ethnic entrepreneurs, he resorted to radicalising the previous administrations he’s part of as a two-time governor of Anambra State.

Although he remained an underdog in the race, his movement is a future incentive for other ethnic entrepreneurs who are now studying his playbook and will, without a doubt, use it to try to catapult themselves into the Villa in the nearest future. They will build on the momentum, and they will do so by manufacturing threats, fomenting even more ethnic fear, and convincing Igbos that they genuinely are in the midst of an existential fight. How far will these ethnic entrepreneurs go? How far will we let them?

Mubarak Shu’aib writes from Hardawa, Misau LGA, Bauchi State, via naisabur83@gmail.com.

Of Dino Melaye and the danger of self-delusion

By Ambali Abdulkabeer

I understand Dino Melaye is a serial political clown who doesn’t deserve much attention. Yet there’s a need to say a few words about his recent cringe-worthy video targeted at Peter Obi.

In the viral video, Dino argued that Nigeria’s problem is beyond cutting governance costs. He said that with all confidence. Ignorant.

Nigeria is what it is today due to a lack of financial prudence in the political firmament. For instance, a report emerged that President Muhammadu Buhari travelled 11 times in five months. However, if you carefully research the trips facilitated with the country’s hard-earned money, you may discover that not all the trips would demand the President and his needless entourage.

Ahmed Lawan, the President of the Senate, in a lecture titled ‘The Legislature, Legislative Mandate and People – The Reality and the Public Perception’ and presented during the First Distinguished Parliamentarians Lecture Series organised by the National Institute for Legislative and Democratic Studies last year, clarified the salaries of members of the National Assembly.

“The total salary of a member of the Senate is about N1.5m while that of the House of Representatives is about N1.3m.

“The average office running cost for a senator is about N13m while that of a member of the House of Representatives is N8m”, Lawan said in the robust paper.

When calculated, the N13m office running cost for a senator amounts to N52m per annum, while the N8m for a member of the House of Representatives amounts to N32m in a year.

Plus salary, this means that each Senator goes home with 70 million and House of Reps member with 47.6 million annually.

Don’t let us talk about the salaries and allowances of the President, Vice President, Ministers and others. A waste of time!

Then the big question is, how much does a diligent civil servant get annually, or even in his entire 35 years in service? You can answer that!

And don’t forget this country is abysmally run through heavy loans upon loans. So if any country in the world must cut governance costs to attend to its multifarious crises, it should be Nigeria.

There is nothing wrong with Dino canvassing support for Atiku Abubakar. But to say that the only solution now is the unity of Nigeria is problematic. It’s even self-delusion to tip a former vice president as the best man for the job! If we are united (which I think it’s untenable given our slapdash approach to leadership), the country needs people who are genuinely financially prudent to survive. Not these endlessly grasping ‘agbada men’ carting away its resources.

It must also be said that whether or not Peter Obi is manageable for the country at the moment, Nigerians have the liberty to decide in 2023. It would be fair, however, to remind us that our country needs a better future.

The Danish poet and social critic Soren Kierkegaard was right when he said, “There are two ways to be fooled. One is to believe what isn’t true; the other is to refuse to believe what is true.” So while they should embrace the fact that the country needs a genuine president, Nigerians should not be fooled into believing cutting governance costs isn’t a solution.

Ambali Abdulkabeer writes from Ilorin. He can be reached via abdulkabeerambali@gmail.com.

The problem is in the fine print

By Dr. Raji Bello

In media advertisements, the larger print that describes or promotes a product or service is often accompanied by a smaller or fine print which is less noticeable and often placed as a footnote. It usually contains the real truth about what is offered in the advert although consumers rarely read them.

Bola Tinubu has unveiled his running mate in Daura where he gave the nation a partial reading of the larger print of his advertisement. He said that he has found a competent and loyal individual to help him deliver good governance and that the person’s Muslim faith was merely accidental. It sounds good on the surface but we all know that his selection goes against the established convention of demonstrating religious and regional inclusivity on our presidential tickets. And we are all aware of the passionate debate that preceded the selection. It is clear that the main points articulated or implied by those who have insisted on a Muslim-Muslim ticket for the APC now constitutes the dark and sinister fine print in Tinubu’s advertisement of his new running mate.

There are three main postulates in the fine print which have underpinned Tinubu’s selection and which should make uncomfortable reading for anyone who is concerned about Nigeria’s future. They are:

  1. A Muslim from southern Nigeria is not Muslim enough to represent the nation’s Muslims on a presidential ticket and he must be paired with a northern Muslim before he could appeal to northern Muslim voters.
  2. Muslims in northern Nigeria will not vote for a ticket that has a northern Christian on it making any such ticket automatically unviable.
  3. A “competent and loyal” running mate for Tinubu could not be found among northern Christians and he had to go against the convention to find one from the northern Muslim community.

An acceptance of Tinubu’s selection automatically implies the acceptance and internalisation of this fine print, and this is where the problem lies. It means that we, as a nation, are on the road towards formalising and even institutionalising common prejudices and bigotry at the highest levels of our polity. Kaduna state APC is already at an advanced stage of entrenching its ominous Muslim-Muslim formula for governorship contest contrary to established convention. Is this the country that any of us would like to bequeath to his children and grandchildren? Should hard calculations regarding the chances of victory take precedence over the future survival of this country? Isn’t Nigeria more important than any politician’s ambition or chances of winning? The antecendent of Abiola’s Muslim-Muslim ticket that is often cited as justification is not applicable because it had enjoyed implied consent of the Christian community at that time, something that is absent at this time. There is a big difference between exclusion with consent and without it.

All human beings (especially the Nigerian kind) crave inclusivity. Muslims in Plateau, Taraba and some Southwestern states have also cried out for inclusivity; so it is not something that only Christians seek. In Plateau state, with its significant Muslim minority, there is a long-running problem with inclusivity. Contentious issues that concern the “settler” Muslim population in Jos North has led to the exclusion of native Muslim populations in other local government areas as well. In Taraba state, the recent nomination of Christian governorship candidates by both major parties has spiked communal tensions with one radical Muslim preacher even calling for jihad. This came against the background of complains of marginalisation in state government appointments by the Muslim community in the state. But the case for more inclusivity in the two states will surely be undermined if the bigoted fine print of Tinubu’s advertisement is institutionalised at the centre.

We are already on the slippery slope towards eventual implosion and victories for the national and Kaduna APC tickets in 2023 will most likely move us to the high-speed section of that slope.

Raji Bello writes from Yola, Adamawa State.

Advocacy, ethics and the trial of Abduljabbar Nasiru Kabara (I)

By Ibrahim Ahmad Kala, LL.M

The one-time Attorney General of the Federation and Minister for Justice in the Second Republic, Late Chief Richard Akinjede, SAN once asserted that oral Advocacy is a special science and art skill of good courtroom lawyers which is likened to the scene in Julius Caeser that took the form of funeral orations by Brutus and Antony over Ceaser’s corpse. Having just killed Ceaser, the conspirators wanted Brutus to assure the Romans that all was well and that Ceaser’s death was necessary to prevent tyranny. Antony, Ceaser’s close friend, feigned solidarity with the conspirators and persuaded them that he too should say a few words over Ceaser’s body.

In comparing Brutus and Antony as orators, we should remember two other classical orators: Cicero and Demosthenes. When Cicero finished an oration, the people would say: “How well he spoke”.  But when Demosthenes finished speaking, the people would say: “Let us March”. Brutus was like Cicero and Antony like Demosthenes. Brutus won respect, but Antony started a riot.

The funeral orations which exemplify an extraordinary example of how Shakespeare can bear on the law, underscore the effectiveness of oral Advocacy which a lawyer should read before addressing the court in a major trial.

Regrettably, like Antony, Bar Shehu Usman Dalhatu on 7/7/2022 in his appearance while defending Sheikh Abduljabbar Nasiru Kabara before a Sharia Court of Kano State, caused stirred on social media and openly accused the trial judge of being unlike Ceaser’s wife of not sitting above board in the case. As seen in a viral video, the counsel was heard castigating the court for allowing the prosecution to ask “all sorts of questions such as asking the defendant when his father died? Which he argued, is not contained in the charge,” during cross-examination,  and “denying his client right to make a no-case submission”, saying no prima facie case was established against him. According to the Daily Trust report, the mild drama led the defence counsel, Dalhatu Shehu-Usman to walk out on the judge.

The Kano State Government had charged Kabara with four counts, bordering on blasphemous comments against Prophet Muhammad (PBUH) on Aug.10, Oct. 25 and Dec 20, 2019.

With due respect to all, the entire scenario that played out in the court is, to say the least, highly nauseating and totally against the professional ethics required of players in the administration of justice in this country. In one of my previous articles on the relationship between the Bar and the Bench, I penned down as follows:

In R. vs. O’Connell (1844) p261 at 312-313 lifted from Oputa JSC’s book “OUR TEMPLE OF JUSTICE” p.14, Crampton J. said thus:

“This court in which we sit is a Temple of Justice, and the Advocate at the Bar as well as the Judge on the Bench are equally ministers in that Temple. The object of all, equally, would be the attainment of justice…”

Oputa JSC further distilled some guiding principles on the relationship between the Bench and the Bar as follows:

 “Lawyers and Judges being instruments of justice are honoured and honourable.

Such honourable men should not allow ‘the infirmity of human nature and the strength of human passion’ to lead them astray, let alone lead them to perpetuate an outright injustice.

The Legal profession is not just another avenue for quick money-making by hook or crook. To so conceive the profession, is to degrade it.”

Similarly, Richard Du Cann in his book: “The Art of the Advocate” speaking on the duty of the Advocate while quoting Lord MacMillan, a Lord Advocate-General in Scotland and a member of the Judicial Committee of the House of Lord’s declared the duty in fivefold as follows:

“In the discharge of his office, the Advocate has a duty to his client, a duty to his opponent, a duty to the court, a duty to himself, and a duty to the state. The duties, in fact, begin long before he rises to his feet resplendent in horsehair wig and stuff gown”.

Hence, it is not part of the duties of a Lawyer to win at all costs or at any cost. There is rather a heavy cost to winning at all costs and that cost is disdain and dishonour and the desecration of the sacred temple of justice. Judges and Lawyers have a prior and perpetual retainer on behalf of the truth.

All these, therefore, reflect very much the tradition of the legal profession on the relationship between the Bar and the Bench, and which is one of reciprocity. The smooth administration of justice envisages the existence of courageous, efficient, honest and fearless Bar and Bench.

The Bench is entitled to unqualified respect from the Bar and so expects it. The least Magistrate Court, Area, Sharia or Customary Court and the highest court of the land are equally entitled to this respect. Members of the Bar stand up when they address or are addressed by the Bench.

The counsel who easily picks up quarrels with the Bench acts in contravention of this important duty. The duty of respect which is as old as the profession itself is highlighted under Rule 1(a) of Rules of Professional Conduct as follows:

It is the duty of the Lawyer to maintain toward the Court, a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges not being wholly free to defend themselves against criticism and clamour. Whenever there is a proper ground for a serious complaint of a judicial officer, it is the duty of the Lawyer to submit his grievances to the proper authority. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected.

This aged-long tradition of respect has crystallized into a solid cornerstone in the edifice of the Bar-and-Bench relationship. You alone cannot change the position overnight. The tradition is so well established at the Bar that, even when counsel has nothing but rude remarks to make, by tradition he is expected to start by saying: “With respect”.

These ethics demanded the best of Man: obedience and decency, as it was demanded that Adam (A.S) should keep his own part of the bargain, and he did not; that was unethical and there came his fall.

The court is where counsel will spend the rest of his years at the Bar trying to persuade to his view. One cannot carry it along with him if, by lack of manners, one alienates its feelings beyond recall or consistently.

To be continued

Ibrahim Muhammad Kala Esq is the Head of Litigation Department, Court of Appeal Gombe division and can be reached via ibrokalaesq@gmail.com

Kannywood Film Review: ” There is a way”

By Anna Mohr

The movie, There is a way, directed by Falalu A. Dorayi and produced by Abba El-Mustapha, is a simple but effective feel-good movie retelling popular tropes and stories in a predictable but heartwarming way. Following the recipe of Shakespearean dramatics and clichéd Disney movies in the 2000s, such as Cinderella Story or High School Musical, it easily can stand on its own while also covering issues of the Hausa society and giving insights into its culture – an entertaining and so sweet movie you can taste the sugar on your lips.

Isham is a middle-class university student with a pure heart who wants to get his degree through hard work. He falls high over heels for Fadilla, the daughter of a wealthy businessman. The two desperately want to be together but must face several problems threatening to destroy their relationship.

There is a Way was the first Hausa movie I watched, and although the story has already been told a thousand times, I easily became invested with it. Even though I rarely watch romantic movies, I have a soft spot for them. The quality of the film is fitting to the story itself: simple but refreshing. Please, do not expect finesse camerawork or outstanding dialogues – you will surely be disappointed. But the blunt storytelling is made up of dramatics that can easily compete with those of the Bollywood film industry.

The movie itself is certainly no piece of art. It is amateurishly made: the camera is wiggling, and the lighter colours in the scenes are sometimes glaring and unnatural. At the same time, the movie uses effects such as slow-motion, certain scenes are muted to create tension and dramatic music is played in between.

The story itself is predictable as typical for a romantic movie and has similarities to our Western fairy tales and Elizabethan or ancient love stories: Man meets a woman and falls in love at first sight, but their love is doomed, and they have to face challenges before being together. Also, the poor protagonist and his rich-born love interest are no rarity in this genre. Another aspect I recognized in the film is the flat characters: We have a pure-hearted hero who cannot do wrong. But instead, tragedy happens to him, and his pureness is challenged. I found that quite wasted because characters are made to make mistakes. They can only grow when they do wrong and when they fail. There is a sense of relatedness that I miss.

The characters themselves are introduced in simplicity. When Fadilla’s parents appear on screen, they are introduced with “Hello Mum” and “Hello Dad”, which is blunt and unimaginative to share the family ties with the viewer. The dialogues are just as direct. The movie is in English, and there is no dubbing involved, meaning that Hausa people speak a language that is not their own. That includes that the dialogues are often wooden and lacking finesse. “I will tell you the secret of …” is just one example of the movie’s very direct way of communication, and I daresay that it would have been more natural if the characters had spoken in their own language. The English script has some sentences that are generally not used, leading to many exaggerated dialogues. For example, “you harbour a criminal” when Isham is accused of cheating in an exam.

So, why do I like this movie?

Easy: Because it has charm. It is charming how Isham and Fadilla are swooning about each other. How they tell each other Shakespearean confessions of undyeable love as if they just teleported into one of his sonnets; how they are the embodiment of a Greek tragedy, a Hausa variant of Romeo and Juliet; how the world is joined against them, but they are still standing side by side.

Viewing the Hausa society and culture in the movie is also fascinating. When watching it, you may recognize that male and female characters are never touching each other – not mother and son, not father and daughter, nor the lovers. In addition, women are wearing scarves – hijabs – around their heads, so you cannot see their hair.

Another interesting fact is the mention of Allah instead of God, which I needed some time to get used to the first time I watched the movie. Also, certain issues are discussed: For example, the gap between poor and rich, the importance of education and the problem of corruption and blackmailing at university. These aspects convey the information I would not find out otherwise and give more insights than any textbook in school.

To put it all together, the movie is a people pleaser. You can easily be invested in the plot and follow the relationship between Isham and Fadilla, although the story itself is simple and predictable. At the same time, there are interesting aspects of culture and society. So, I recommend watching it!

Anna Mohr studies at the University of Cologne, Germany. She can be reached via amohr9@smail.uni-koeln.de.

The sociology of Eid festivals in Nigeria 

By Hassan Idris

It’s quite important to demystify the fact that in the festivity of the Eid festival, which is a religious celebration amongst Muslims all over the world, there is quite a lot of sociologically significant display, which demands sociological explanations and outlooks. Religious festivals such as Eid hold greater importance to sociologists like Emile Durkheim (1858-1917). He developed a widely used theory for explaining what holds society and social groups together through his study of religion. He identified core aspects of religious structure and participation that sociologists today apply to the study of society in its entirety.

This includes the role of religious festivals and rituals in bringing about social cohesion, social solidarity and people together around shared practices and values. It also comprises ways that participation in religious festivals and rituals reaffirms shared values and thus reaffirms and strengthens the social bonds between people and the experience of “collective effervescence,” in which people tend to share in feelings of excitement and are unified in the experience of participating in religious festivals and rituals together. The Eid festival, an Islamic holiday celebrated by many Muslims as a religious holiday with religious rituals, values, and relationships, is one of them.

Thus, Durkheim defined religion as a“unified system of beliefs and practices relative to sacred things. Sacred to him meant extraordinary—something that inspired wonder and that seemed connected to the concept of “the divine.” He argued that“religion happens” in society when there is a separation between the profane (ordinary life) and the sacred. A rock, for example, isn’t sacred or profane as it exists. But if someone makes it into a headstone, or another person uses it for landscaping, it takes on different meanings—one sacred, one profane. Durkheim, who’s generally considered the first sociologist to have analyzed religion regarding its societal impact, believed that religion is about community. It binds people together (social cohesion), promotes behaviour consistency (social control), and offers strength during life’s transitions and tragedies (meaning and purpose).

With the applicability of the methodology of natural science to the study of society, Durkheim held that the source of religion and morality is the collective mindset of society and that the cohesive bonds of social order result from common values in a society. He contended that these values need to be maintained to maintain social stability, to which explanations of Durkheim on the importance and functionality of religion would be used to explain and understand the religious Eid festivals celebrated by all the Muslims in the world.

However, the word “Eid” means festival or feast. Therefore, it depicts the event that is being celebrated. Muslims celebrate two types of Eid yearly following two significant acts of worship. The first is called “Eid Al-Fitr”, which means “the fast-breaking Festival” celebrated after fasting the entire month of Ramadan. The second, known as “Eid-ul-Adha,” meaning “the festival of sacrifice which is celebrated immediately upon the completion of Hajj, the annual pilgrimage to Mecca. The Eid Al-Adha entails going for a pilgrimage to Mecca performed by millions of Muslims simultaneously once a year. Through Eid Al-Adha, the sacrifice Abraham was willing to make to God and the mercy God had upon him becomes celebrated and manifested.

Muslims celebrate the day by sacrificing a sheep or so and sharing it not just with family and friends but also with the less privileged. This celebration lasts four days, beginning the day after the completion of Hajj. The celebration of Eid Al-Fitr lasts one day, starting with the sighting of the new moon, which marks the end of the Islamic month of Ramadan and the beginning of the following month. During Ramadan, Muslims fast to purify themselves and get closer to God. Ramadan is like a retreat, a time to step aside worldly worries, focus on spirituality, and improve connections with the one who gave them life and blessings.

After going through a long spiritual retreat for a maximum of 29 to 30 days, it is only logical that a feast is held to mark the end of the month. This is what Eid Al-Fitr is all about. Like Ramadan, Eid Al-Fitr begins with the first sighting of the new moon, so most of the time, Muslims have to wait until the night before Eid to verify its date. If the new moon is not visible, the month lasts 30 days. The date changes annually on the Gregorian calendar and varies from country to country, depending on geographical location.

Though, in declaring the start of Eid, Muslim-majority countries depend on the testimonies of local moon sighters. The Judicial High Court then decides if Eid has arrived. When the sighting has been verified, Eid is declared on television, radio stations and mosques. The celebration of Eid Al-Fitr lasts one day, starting with the sighting of the new moon, which marks the end of the Islamic month of Ramadan and the beginning of the following month.

The first Eid Al-Fitr was celebrated in 624 CE by the Prophet Muhammad (PBUH) and his companions after their victory in the battle of Badar, a turning point in the prophets’ struggle with his opponents among the Quraish in Mecca during the early days of Islam. Inasmuch as all Muslims celebrate the festival, there are many doctrines and ways of celebrating it which are sociological and are of paramount interest and importance to sociologists and Anthropologists. However, the traditions of Eid Al-Fitr entail ‘Sawm’ ( fast), which is the practice of fasting during the holy month of Ramadan and is one of the five pillars of Islam.

Muslims believe that during Ramadan, the Qur’an text was revealed to the Prophet Muhammad (S.A.W). Muslims celebrate Eid Al-Fitr with “Salat Al Eid” (Eid prayers). There is no audible call to prayer for the Eid prayers. Muslims will gather in mosques or open spaces and offer two units of prayer–called “Rakat”. The prayers are followed by a sermon, in which the Imam asks for forgiveness, mercy, and peace for every being worldwide.

To further bolster the sociological social solidarity and love in Islam, which clarifies Durkheim’s postulation, the other key element of the Eid festival is giving money to the poor alias ‘Zakat al-Fitr’, sending Eid greetings and feasting with families. For many Muslims, Eid al-Fitr is a festival to show gratitude to Allah for the help and strength he gave them throughout the month of Ramadan to help them practice self-control. The phrase commonly used by Muslims as a greeting on this day is “Eid Mubarak”, which is Arabic for ‘blessed festival’.

Muslims begin Eid with the observance of the Eid congregational prayer, sometimes in the mosque but usually in an outdoor location. Before going for the Eid prayer, it’s encouraged to take a bath, wear the most befitting clothes, and look dignified for the celebration. On the way to the Eid Prayer, Muslims recite the words: Allah is great, Allah is great, Allah is great. There is no other God but Allah. Allah is great; Allah is great. To him belongs all praise. And after the Eid prayer, people gather to feast with their families and friends, where they get to savour the taste of various dishes.

Some even travel to their hometowns or home countries to celebrate with their extended families and rekindle the bond of kinship. There is a rich tradition of gift exchange during Eid. For example, it is customary to gift new clothes and shoes to children in Nigeria. Sometimes, the children receive money to buy sweets and snacks to enjoy with their friends and cousins. In western countries, however, children receive gifts instead of cash, and parents decorate their homes to create a mood of excitement for the family.

Finally, Eid is meant to celebrate the completion of spiritual duty and a time to bond and exchange hugs, kisses, and laughter with family, friends and the community. Each country has traditional foods, and sweets prepared ahead of Eid or on the morning of the first day. These foods range from special biscuits and bread to cakes and puddings. On the first day of Eid al-Fitr, voluntary fasting is not allowed as Muslims are encouraged to feast and celebrate the completion of a month of worship and abstinence from food.

Greetings for Eid also vary depending on the country and language. For instance, in Indonesia, Eid is called Lebaran, so Indonesians would say, “Selamat Lebaran”, which means Happy Eid. Other variations of Happy Eid are “Barka da Sallah” in Hausa, a Nigerian language. In addendum, with clothes being an essential marker of Eid, some people wear traditional clothes from their culture, while others pick out something new to wear. Eid is a time for every Muslim to share and express love, peace, and friendship worldwide and extend hands to their non-Muslim neighbours and friends during this festival.

Hassan Idris wrote from Kogi State via idrishassan035@gmail.com.

OBITUARY: Nura Mustapha Waye, the genius behind ‘Izzar So’

By Habibu Maaruf Abdu

On Sunday, July 3, 2022, Kannywood lost a colossus and a rare talent, Nura Mustapha Waye. Thousands of condolences started pouring from all angles as soon as the news of his death broke. Waye was the director of Izzar So and many other series and feature films. His sudden death came as a tremendous shock and left the Kannywood members and millions of their audience with tears in their eyes.

“Waye’s death is a significant loss to Kannywood, for he’s, I believe, the most prolific director today.” So says the Kannywood leading scholar-cum-critic, Dr Muhsin Ibrahim, in his short tribute to the late director.

Nura Waye, or Malam Nura, as he was respectfully called, proved unique among his peers in the Hausa film industry. He neglected its favourite musical love stories to make topical Islamic compliant productions. His dream of educating the audience prompted him to incorporate Qur’anic verses and prophetical sayings into the dialogues of his most of his films.

“In filmmaking, there are messages you could send and get a divine reward from the Almighty Allah… I take film as a medium for propagating a particular policy or ideology. This is what primarily inspired me to venture into it,” he once told VOA Hausa in an interview.

Waye began his Kannywood journey in the late 1990s. He was an actor throughout his first five years in the industry. He, afterwards, switched to director to realize his ambition of making films with a didactic tone. His early films left no mark, and he remained unnoticed for over a decade. Kuru-Kuru (2018) was, perhaps, his first movie to get critical attention.

The movie, which deals with the issue of ‘incest’, revolves around a new bride whose husband finds to be pregnant. After a lengthy investigation, it’s discovered that her uncle is responsible for the pregnancy. The movie received positive reviews and was generally praised for its theme and steady plot. But Waye would never rest there.

He reached the pinnacle of his career in 2020 after creating the YouTube series IZZAR SO. It was a sensational hit, and it went on to become the most-watched Kannywood series on YouTube. Its remarkable success dictated the migration of the Hausa film business to the online platform. Muhsin describes it as a ‘game-changer’ and opines thus:

“There might be a few YouTube series before Izzar So, but many more emerged following its unprecedented success. This has inspired many filmmakers, both struggling and established, to resort to making series, serials and feature films for YouTube.”

For Waye, however, Izzar So was not just a success but a fulfilment. This is because it catapulted him to the top of his career, which was his ultimate goal. “I want Allah to elevate me to its top,” he said when asked about his dream in the filmmaking business.

Nonetheless, Waye’s films are only one aspect of his legacy. He, on another side, had a reputation for being a very gentle, peaceful man. He was also so decent that he hardly features an actress wearing a tight-fitting dress in his movies. These, together with his vivid love for the Prophet (S.A.W), endeared him to the Hausa-Muslim populace despite their hostility towards Kannywood members.

Finally, as a Kannywood movie reviewer, I affirm Nura Mustapha Waye’s rare creativity. I believe he will always be remembered as a socioreligiously-committed filmmaker who led to Kannywood’s migration to online space and, above all, ‘the genius behind Izzar So’.

Habibu Maaruf Abdu wrote from Kano, Nigeria, via habibumaaruf11@gmail.com.