By Dr. Tonye Clinton Jaja
“This is a rape of democracy”, those were the words reportedly used by 36 lawmakers of the Lagos State House of Assembly to describe the invasion of the premises by officials of both the Department of State Security Services (DSS) and the Nigerian Police.
“The purported impeachment of Mr. Mudishiru Obasa, as Speaker of the Lagos State House of Assembly is a defilement of democracy because it did not comply with the procedures prescribed by both the Nigerian Constitution and the Standing Orders of the Lagos State House of Assembly”.
So it appears that there are two major allegations to deal with, they are as follows:
- Rape of Democracy; and
- Defilement of Democracy.
In this article, the analogy of the crimes of “rape” and “defilement” would be used to assess the ongoing saga at the Lagos State House of Assembly.
While the alleged action of Mr. Mudishiru Obasa (inviting officials of the DSS and police) can be classified as a “rape” of democracy.
On the other hand, the actions of the 32 (now 36) legislators who purportedly impeached Obasa on the 13th January 2025, can be regarded as a “defilement” of democracy.
So while Mr. Obasa and his supporters can be regarded as “rapists”, the 32 legislators can be regarded as “paedophiles”.
Generally speaking, although, “rape” is regarded as a serious offence, a felony under Nigerian law, the offence of “defilement” which is the rape of a child or minor is regarded as a more serious offence or felony.
“In Nigerian law, rape is defined as unlawful sexual intercourse without a woman’s consent, or with consent obtained through force, threat, or fraud, punishable by life imprisonment under both the Criminal Code and Penal Code, with potential for lesser terms and fines.”
“Defilement is one of the sexual offences under Nigerian Criminal Law. As a general rule, the offence of defilement is statutorily provided for under Section 218 of the Criminal Code Act. The section states that Any person who has unlawful carnal knowledge of a girl under the age of 13 years is guilty of a felony and is liable to imprisonment for life.”
So it can be argued that what Mr.Obasa committed on 17th February 2025 was a “rape of democracy” by his invitation of officials of the DSS to seal the offices of Speaker and Deputy Speaker of the Lagos State House of Assembly.
However, on the other hand, the actions of the 32 law-makers who purportedly impeached Obasa on 13th January 2025 can be regarded as “defilement” of democracy, especially considering that they allegedly defiled some provisions of the supreme law of Nigeria which is the Constitution of the Federal Republic of Nigeria, 1999.
So when considered comparatively, Mr. Obasa’s alleged violation may be regarded as a violation of the Public Order Act, a legislation, which is classified as a misdemeanour, whereas what the 32 legislators committed can be regarded as the highest form of felony considering that it involves an alleged violation of the highest law of Nigeria which is the Nigerian Constitution.
Mr. Obasa’s alleged action of invitation of officials of the DSS and the police can even be excused as a resort to law enforcement officials to maintain the status quo while the court of law is handling the issue of his alleged impeachment.
Whereas the action of the 32 law-makers who allegedly impeached Obasa on 13th January 2025 can be regarded as a defilement of the following provisions of the Nigerian Constitution as listed in the lawsuit of Mr. Obasa as follows:
“…February 12, 2025, filing “concerns the interpretation of Section 36; 90(2)(c); 101 and 311 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) vis-à-vis Order V Rule 18(2) and Order II Rule 9(i)(ii)(iii)(iv)(v)(vi)(vii)(viii) of the Rules and Standing Orders of the Lagos State House of Assembly (which enjoys constitutional flavour and status).”
Mr Obasa challenged the constitutionality of the January 13, 2025, plenary session where lawmakers orchestrated his impeachment, claiming the sitting was not authorised.
“The action challenged the sitting and proceedings of the Lagos State House of Assembly to sit during recess without reconvening the House or giving any other person powers to reconvene the House,” the court documents added.”-Peoples Gazette.
Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS).
