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Law No 12 of 2012: The Crux of the Matter. – By Emeka Ahaneku

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The conception that it is only the Government that can bring change to the people is widely accepted. This is true to a large extent. This is why the aim of the Rescue Government in Imo state is to carter for the people. Because of its people oriented orientation, the Government is sometimes misinterpreted or misrepresented in sensitive issues affecting the general well being of its citizens.

Plato, one of the greatest Philosopher of all time, in his book The Republic developed the idea that the strength and success of a state is directly tied to the values of citizens living in it.

Giving the Plato’s postulation insightful thought, the first thing that comes to mind is, what are the values leader’s must imbibe to maintain and attain a dream society and affect the society in a positive way. According to him, Leaders can attain and maintain the values in their Society basically in three ways.

The three important values a Platonic ideal Leader must possess, as the Philosopher listed them are, courage, wisdom and justice. Wisdom is the value that requires government to act for the interest of the masses. Justice means that people should not cross the line in meting injustice to persons that made mistakes in service of their people, while courage is the strength to say am sorry.

In interpretation, these values are seen in the virtues of integrity, reliability, transparency and self-discipline, it means being positive minded and saying yes to patriotism.

These are rare virtues the Legislative and Executive arm of Government of the state exhibited in the wake of the criticism in Imo State on the issue of the State Law No 12 of 2012.

The better part of my conscience prompts me not to touch this matter that took center stage of Imo state media discourse last week; for I know to partake in the debate is to dignify the luscious tendencies of those who choose to politicize the law, until my brother Darlinton Iruobi of the Hot F.M People’s Assembly, called me, on the matter.

I received several calls and massages from youths, students and the public following the passage of the purported law, while some where sympathizing with the Government for being misunderstood by a cross section of the citizenry, some caller’s where against the law. One caller even sacked the Governor, Speaker and members of the Imo State house of Assembly on the phone. It was hard to believe though, but i advised those against not to be naïve, but take close look at the law.

When I took close look at the law, I discovered that Rt. Hon Benjamin Uwajumogu was right when he said; a section of people misrepresented the house on the actual motive for passing the law.

Let’s take a look at the content of the law to buttress this point further for records.

A law to eliminate violence in the private and public life, prohibit all forms of violence including physical, sexual, psychological, domestic, harmful traditional practices, discrimination against persons and to provide maximum protection and effective remedies for victims and punishment of offenders.

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I recollect vividly that the said bill was on the floor of the house for discussions for a long time, being the longest bill presented to the present house, containing over fifty-two Sections, the all encompassing bill attracted criticisms, sidekicks and Panelbitins by Hon members of the Legislature, the bill eventually sailed through, among the considerations was the fact that the remedies giving for protection of women in the case of incest, Sexual Abuse and rape is already in practice in Nigeria, believing a legal backing in Imo will save life’s by reducing mushroom abortions committed by Quack Doctor’s in the State and also tackle the multiplier effect in cases where the child is born.

From my survey, this bill that is set to tackle violence against persons, incest, rape, sexual abuse among others, had a subsection that gave women the right to decide whether to keep or abort pregnancies in the cases of sexual abuse. Rape and incest, that’s only when the woman in question can provide 3 witnesses to testify before the officials of the regulatory body empowered to get police clearance to secure abortion, even though some people argued that religious belief can help women decide in such cases. An in-depth reading of the entire law would no doubt reveal the good intentions of the House and Governor Okorocha. In the country at the moment, the issue of violence against persons has assumed a very frightening dimension. And Imo state being an integral component of the country can never be immune to this festering disease. Every day we are confronted by chilling and heart rendering stories of domestic violence against women and children. Of course, the issue has become worsened by the rising spate of girl child abuses and rape of women old enough to be grandmothers.

There is no doubt that it was in the bid to checkmate these criminal atrocities that the legislature found the law worthy and passed it.

Now, with the law in force there is no doubt that this often neglected serious crime against humanity would be drastically cut down. In the first place as the law spelt out in the preamble, the legislature took time to provide for effective remedies and maximum protection that would serve as potent deterrent against indulging in such acts. For instance to guard against rape. The law provided in 3(1), (2) that a person convicted of that crime is liable to imprisonment for life. It further added that “where the victim is less than 14 years of age, the offender shall be liable to a minimum of 14 years imprisonment and in all other cases to a minimum of 12 years imprisonment without an option of fine”

Legal experts who responded to inquiries I made on them about this provision all agreed that it was indeed, a stiff penalty put differently, they agreed that the provision is strong enough to deter would be rapists, in our society. What the state and its citizens stand to gain or lose depending on what happens in this case. The speaker IMHA has promise speedy amendment of the law to conform to the wishes and aspiration of Imo people. Let’s join his Excellency the Governor to call on our honorable members to keep the baby while they throw away the polluted water.

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This law also created a genuine window of employment. This is exactly what part 4 section 45(1), 46(4), 47(1)(a) (b) (c) exclusively focused on, the establishment of a body to be known as the Imo state Agency for prohibitation of violence against persons, with the powers to monitor and supervise the implementation of the law; this Agency was set to provide and manage victims crisis centres and also recruit more than 100 Imo youths to manage the various centres in the local Governments, sadly the spiritual and moral bastion of our society subconsciously caved in to a well-coordinated propaganda by the opposition, sweeping under the carpet the good intentions of the lawmakers. Or is there any in the state who is unaware of the choking smoke of youth employment that is present in the entire landscape.

Of course, it is this disturbing scenario that inspired the serious consideration and eventual passage the house gave the bill as well as the assent of Gov. Owelle Rochas Okorocha. Except the destructive critics, no well meaning Imo son or daughter can dismiss this value addition of the law to the state knowing its manifold multiplies effects.

Right from its first day in office, the present administration has never hidden its steely resolve to leave the state better than it met it. To achieve this uphill task the Rescue Government is fully aware that obstacle especially man made obstacles would daily come up to try to derail it. Aware of this certainty, the administration has developed for itself a mechanism to always stave off these distractions that are largely politically induced. It always addresses the electorate and quietly sits back to listen to their feedback. Anytime there is a demand the administration quickly responds responsibly, thus maintaining its enduring image as a listening government.

On Tuesday September 3, 2013 Gov. Okorocha and the State House for the umpteenth time showed why people of the state entrusted them with their sacred mandate when they agreed that the law would be amended to conform to the aspirations and wishes of Imolites. That to me is how it should be in an ideal democratic system where the voice of the people is Sacrosanct. Even though some politicians are making a meal out of it, a tendency to easily lose focus of priority when issues become muddled up will not help us attain freedom from self- serving policians. Doubtless, that courageous action of September 3 would go a long way in re-enforcing the administration’s mantra of my people, my people, my people.

BY EMEKA AHANEKU 08038812641

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