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The ‘Risky’ business of cells and public conveniences in Nigeria

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By Lillian Okenwa

The recent jail sentence on Idris Okuneye, popularly known as Bobrisky and Justice Abimbola Awogboro’s question about whether he is a man or a woman has brought the letter written by a legal practitioner to the National Assembly requesting that they either criminalize gender transition or pass a legislation for the establishment of a separate cell rooms in all detention facilities and conveniences in public places for transgender individuals In Nigeria to the fore.

Asked why he wrote the letter, whether Nigeria has transgenders or transgender issues, M.O. Idam said: “Well, in an attempt to answer your question, I will say that the younger generation is at risk of being influenced by those who have switched their gender and are making money off it as a result of publicity.

“Recall that few years back Anti-Guy law was passed which did not capture transgender issues. Hence, people hide under the lacuna to switch their gender which is purely un-African.

“Howbeit, recently the integrity of the Nigerian system was brought to question when a certain Bobrisky ( a transgender) was arrested and the issue arose as to which cell room should he/she be kept. I’m not sure how that issue was resolved. This is just one out of many other ‘Riskys’ known and unknown out there.

“The question now is, should we wait until there is a surge in trans people before laws are made to either criminalize it or regulate their activities so that they don’t compromise the fundamental rights of normal people.

“Have you also thought of trans foreigners coming into Nigeria or using public conveniences in the airport or other public places. Don’t you think it is necessary to pass laws as a country in order to take a position on the issue?

“Recall further that laws are made proactively and not retroactively. No nation waits for an incident to happen before making a law to regulate it. Society is evolving, once you foresee something that is likely to affect members of your clime, the only thing to do is to act proactively to provide for or against it.”

Below is Idam’s letter to the National Assembly.

06/04/2024
The National Assembly of Nigeria,
Three Arms Zone,
Federal Capital Territory (FCT),
Abuja,
CC:
The President of the Senate.
The Speaker House of Representatives.

Dear Sir,

DEMAND TO EITHER CRIMINALIZE GENDER TRANSITION OR PASS A LEGISLATION FOR THE ESTABLISHMENT OF A SEPERATE CELL ROOMS IN ALL DETENTION FACILITIES AND CONVENIENCES IN PUBLIC PLACES, FOR TRANSGENDER INDIVIDUALS IN NIGERIA.

The above subject refers.

Following the growing cases of gender switch in Nigeria, I, Maduabuchi O. Idam, Esq., write as a human rights and public interest activist to demand that the National Assembly should forthwith pass a legislation to either discourage gender switch in Nigeria or alternatively ensure that both transgenders and cisgenders’ rights are adequately protected, in order to preclude one from violating the other, by introducing separate cells and conveniences like toilets, bathrooms or wash rooms in public places particularly for individuals with artifical gender.

Although I consider gender switch to be unethical, I respect the opinions of those who believe otherwise. Nonetheless, I demand that if transgenderism cannot be discouraged, the National Assembly must ensure that cisgenders’ rights are not compromised in a bid to observe transgenders’ rights.

It is noted therefore, that cisgenders are not expected to be comfortable sharing the same cell rooms and conveniences with trans individuals. Meanwhile, it is my view that it amount to a violation of cisgenders’ rights to privacy and dignity of human person to permit trans people to access places like cells and conveniences that are exclusively designated for cisgenders and vice versa. Hence, the need to quickly consider this demand with a view to legislating on the subject matter.

Please accept my earnest regard.

Yours faithfully,

M.O. Idam, Esq.
PP: M.O. Idam Attorneys

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