The age-long debate about morality and law has once again emerged following the arrest of some women at a night club by security operatives in Abuja.
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Making a case for the distinction between the two concepts and how they relate to the incidence which involves the arrest of even married women, Chinelo Audrey Ofoegbnunam Esq., analysed various issues of the law that relate to the action.
Below is his response:
Morality must be distinguished from law and the mere fact that some of the women involved are married is irrelevant in this case.
As regards to the video.
1. There is a violation by the owner of the property which is situated at Plot 630 T.O.S Benson Crescent, Utako, Abuja, FCT, Nigeria that was allocated for the sole purpose of Health care services (Clinic). However, this property was converted to an entertainment (commercial) House known as Caramelo lounge.
The Federal Capital Development Authority may revoke the Certificate of Occupancy or even demolish the premises for being contrary to the purpose which the plot was granted because it is simply a breach of of terms in covenant for operating the lounge using the premises for unapproved purposes.
2. If the operation of a Night club requires a licence by the authorities, failure by the operators of Caramelo lounge to obtain such licence might have constituted such offence under the law for which the operators may be charged to court for.
With respect to the Patrons which includes the alleged stripers, bouncers and customers, it could be argued that their fundamental rights were violated by the invasion of the premises to wit:
A. The right to privacy of citizens. Section 37, Constitution of the Federal Republic of Nigeria 1999(As amended).
B. The right to human dignity. Section 34, Constitution of the Federal Republic of Nigeria 1999(As amended).
This is premised on the fact that a night club particularly of the nature of a lounge is a restricted area usually for adults or persons above 18years.
It could therefore not be said that any of the above Patriots have violated any law in Nigeria for attending such or partaking in any of the activities in the restricted premises.
To buttress this, breaking into Caramelo lounge and exposing the occupants to the public, indeed amounts to violation of their rights to privacy.
While the maltreatment by those officials of the Federal Capital Territory Administration- task team of the alleged dancers including dragging them out half naked or fully naked also constitutes an infringement of the right to human dignity.
In conclusion, the Caramelo lounge did not break any law as regards the strippers because in Nigeria, strip dancing is not a crime in law neither is prostitution provided it is not done on the street. However, indecency and procurement of prostitution or sale of prostitution materials such as porn video is an offence. Section 200, 201 and 202 Penal Code Law.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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