In the realm of religion, there is a genre of Christian churches called the African instituted churches. Their unique characteristics include wearing white garments while worshiping, deep belief in visions, burning of candles of various colours, sacrifices and prayers.
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Christianity under this genre is presented in a way the traditional African mind would appreciate and accept. The traditional African mindset is one that believes in consulting oracles to enquire about the source of his problems and receiving instructions on how to solve the problem in the form of sacrifices to appease the gods. Even the Jewish historian Josephus says that when Ethiopia invaded ancient Egypt and routed its army, oracles were consulted which recommended that Moses (then a prince of Egypt) be entrusted with the command of the royal troops. He went ahead and defeated the Ethiopians. On this formula, the African instituted churches have leveraged on.
The introduction of the Bill against same- sex marriage in the Senate by Senator Domingo Obende, and the subsequent assent to it by ex-President Goodluck Jonathan on the 7th day of January 2014, generated a lot of verbal war from both sides of the sexual divide. The verbal battle failed to notice a genre of same-sex; one that could be termed an African instituted same-sex marriage –embedded in some of our culture and customs. For this discussion on it, I will take my Delta Ibo speaking area otherwise called the Anioma people as a prototype.
This glorious geographical area has produced a plethora of legendary personalities like the cerebral Professor Pat Utomi, Demas Nwoko whose artistic and architectural works are reference points all over the world, Professor Zulu Sofola, the first female professor of drama in Africa, the desert warrior Newton Jibunor who conquered the Sahara desert with the aim of drawing attention to desertification, Dr. Ngozi Okonjo –Iweala, of the world Bank Fame, the dogged Dr. Benjamin Okwumabua who, when the country was still asleep, arrived American with just 10 Dollars in his pockets and eventually became a millionaire and President of Watson industries, a multimillion Dollars company, a feat that Ebony magazine graphically captured, Dr. S. W. Martins who as far back as 1920 had earned a Bachelors and masters Degree in American (even before the equally legendary Dr. Nnamdi Azikiwe) to become the first Nigerian graduate of an American university and first African US commissioned officer (He was the founder of the pilgrim Baptist Mission ), Ken E. Mozia S.A.N, the election petition guru and astute lawyer, and the legendary hot headed Major Kaduna Nzeogwu whose activities was the traceable cause of the Nation’s civil war, to mention but a few denizens from that region who in the words of Godfrey Chaucer are “well read and well bred” .
In this Anioma area, there exist a custom where a woman is allowed to “marry” another woman by paying her bride price and fulfilling other cultural requirements. This happens when a woman who cannot bear her own children and is wealthy enough would “marry” another young prolific woman to bear kids for her. Under this arrangement, the wealthy woman pays another woman’s bride price and she would move in to live with her as wife. Men are allowed to come in and sleep with the prolific woman only with the understanding that the kids produced therefrom would belong to the wealthy woman.
In the eyes of the law, this practice is not legal. It is repugnant to natural justice, equity and good conscience. Indeed, in the seminal case of Edet V-Essien (1932) 11 N.L.R. 47, it was held that a custom which denied a biological father of his child is repugnant to natural justice, equity and good conscience, and therefore cannot be upheld. In spite of the above position, this customary practice has persisted; revealing clearly that it is not always easy to change people’s deep beliefs by mere enactment of law. In the course of my humble professional career, I have personally come across such practices.
In one of those cases at Issele-Uku, a Kinsman of one of such rich women that married a younger woman protested, contending that the offspring of that union would not inherit from their fatherland. Passions were high and the police were invited. The young man ended up being charged for conduct likely to cause a breach of the peace. In another sad case which I had the rare privilege of prosecuting, a wealthy woman who could not bear kids went and “married” a prolific younger woman. She paid the bride- price of the younger woman and performed all the required marriage rites and the younger woman moved into her house. A certain young man was attracted and started sleeping with the young woman. Several children resulted therefrom.
So many years later, this young rascal of a man, started asserting his inherent rights to the children, he claimed that the kids were his, since he was their biological father. He lured the wife away from the wealthy woman, and she and the kids moved into his house and started living with him as a man and wife would do.
The wealthy woman complained, complained, and complained over this seeming injustice to everyone that had ears to hear and to the traditional authorities all to no avail. She even lodged a complaint to the police who told her that it was not a police case as no crime was involved. Finally, out of desperation and being of a native character she reported the matter before a famous and dreaded juju shrine in the neighborhood. It was an Okija- like-type of shrine.
Not too long after this, several calamites started befalling the young man and the wife that he lured away from the rich woman. One of the children died of a mysterious illness that could not be diagnosed. On the way back from their farm one day, the wife was hit by a car and one of her legs broken. Other adversities were noticed. The last straw that broke the camel’s back was at the funeral of a famous hunter in the community. Our man who lured this woman away from the rich woman was also a hunter. At the burial of the famous hunter, the hunters in the neighborhood gathered to give their departed colleague a gun salute as is usually done in kindred Professions. As they all shot into the air, our man noticed that his gun did not shoot. It was a double barrel gun. He therefore stepped aside and uncorked the gun. His 13 year old son was beside him holding the bag that contained his bullets.
After checking the gun, and the bullets, he corked it again and behold there was an accidental discharge. The bullet went straight into the heart of his son killing him there and then. There was a pandemonium as the young boy lay in a pool of his own blood. The amorous hunter and his Kinsmen went to the police station to report the matter. He was arrested and subsequently charged to court. When he was eventually granted bail, his family consulted widely and resolved to return the wealthy woman’s “wife” (the young woman) and the remaining children back to the wealthy woman. This they eventually did with much begging, drinks, kola nuts and peace offerings to the wealthy woman and her Kinsmen for her to forgive and reverse the curse. These are the latent facts of the case with charge nos. M1/23c/2003 & HC1/m/8/2003
I am quite sure that Senator Domingo Obende and our other distinguished Senators did not have the above genre of same-sex marriage in contemplation when they initiated and passed the same-sex marriage (prohibition) Act, 2013. Going by section 5(3) of that law, everyone who had a part in that “marriage” described above, even the witnesses, violated the law with a punishment of 10 years imprisonment hanging on his or her head. Since in law we say that ignorantia Juris Neminem Excusat (ignorance of the law is no excuse) it behooves on our relevant authorities to widely disseminate the particulars and provisions of the same sex marriage (prohibition) Act 2013 among the people especially in the rural communities so that they don’t run foul of the provisions of this new law through ignorance which, like we have said is no excuse to this jail attracting offence.
By: Ben. Ijeoma Adigwe Esq.Director, Ministry of Justice Asaba. 08034917063 www.benadigwe.com
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