The proposed bill for an Act to prohibit and punish public nudity re-ignites the debate on the morality of indecent dressing. Quite expectedly, the church is chanting its support on the side of Anti-nudity lawmakers. But beneath the holy rage against seductive cleavages and hot legs are some issues of jurisprudential and biblical thrust that are often wilfully ignored.

It was not the first time though that the National Assembly had entertained Bills with an ethical tinge- shortly before the Public Nudity Bill, there was before the current assembly a Bill for an Act against incest and sexual harassment sponsored by Senator Iyabo Obasanjo. But relatively, Iyabo Obasanjo and her Bill had no luck with public opinion as Ekaetes’. It was said, mischievously though, that the former President’s daughter by her incest Bill had sought to resolve a peculiar family mischief through the mighty instrument of the National Assembly, seeming so however, that the Bill was initiated in the heat of her brother’s incest allegation against their father, former President Olusegun Obasanjo. 

But for the life of many Nigerians, nudity should not be such volatile issue in an economy where it is almost a luxury to wear clothes even when desired and the anti-nudity Bill is therefore an inversion of legislative priority.

Such contention should not really be seen as an economic twist into the nudity debate because nudity, as a matter of fact, is a distinct controversy bringing into focus the seeming difficulty of making law against public immorality. To the Nigerian nudity apologists like their homosexual allies, human right is a major attraction. “I have a natural right to wear whatever I like and in fact to go down street leaving it all bare” -they argue. To their adversary, everyman is a slave of the law that all may be free. Even the Bible commands as much. No one should in the exercise of his/her right or liberty become a stumbling block to another. Therefore “If you have right to go naked, the law should excuse me if I am provoked to rape you” they contend as if suggesting that provocation should not just be a legal defence for homicide but also for sexual crimes.

Where there are conflicting claims to right, is it not the function of law to strike a balance? Certainly, “yes” but it is doubtful that the questions that necessarily follow can be answered with equal accustomed ease. The critical questions that arise are: whose standard of morality should be considered? Is it the morality of a purported majority, as the current legislative approach would seem to suggest, or the morality of the reasonable man or woman? Who in fact is the reasonable woman-is it the illiterate fish seller at Iyana Ipaja market in Lagos as against the hot campus “chic”?  How about the same illiterate fish seller in the rustic Koma area of this country where it is still fashionable for a man to go downtown with a dangling member?

Such is the moral dialectics that perplexes an attempt to legislate against public immorality. The draftsmen of the Nudity bill are very much aware of this, so much, that the entire tenor of the proposed law offers no meaningful definition of nudity and the draftsmen had no means of justifying their payslip than to resort to some kind of confounding legislative mathematics. For instance, Section 2 (1) (iv) of the bill. The Section provides that: “Public nudity refers to any part of the body from two (2) inches below the shoulders downwards to the knee of a female person above the age of 14 years”. The practical impossibility of setting a water-tight standard to determine what amounts to nudity in the peculiar facts of each case will outlive the legislative process and shift to the courtroom where the legislative comedy of this Section will be better appreciated.

How about the Koma people of Nigeria whose traditional attire is strictly the unclad body skin, and the Orisa worshippers of Abeokuta in Ogun State who rally the ancient city in bare breast in worship of their god? Are they not Nigerians having constitutional right to cultural expression and religious thought? Von Savigny will definitely twitch in his grave at the seeming futility of enforcing a law against the culture of a people. A case in point is Section 370 of the Criminal Code that renders bigamy punishable in a predominantly polygamous society like Nigeria.

Agreed, culture is dynamic and a culture of nudity, as it were, would appear incompatible with civility. But can’t these cultures be allowed to change by their own internal evolutionary forces, and under a mild external influence as against the compulsion of law? This is one of the questions some Nigerians ask projecting that the proposed law might meet with a lot of problems in enforcement and therefore not worth the effort. Perhaps, Senator Ekaette only had the menace of indecent dressing for fashion in mind but several cultures too are on collision course with her nudity law.  

The foregoing issues, however compelling, pales in significance when we consider potential problem in the enforcement of the law. Of course, the essence of law is ultimate compliance by a people on whom it purports to impose a standard of conduct. Desirable though it may be, an anti-nudity law has no significant contribution to enhancing our national ethical standard, strongly so as it has the slimmest chance of success in enforcement. It is feared that the proposed anti-nudity law might just be getting ready for initiation into that sorority of laws that have had no real impact on the affairs of the ordinary Nigerian.  Yet ironically, the potentially omnibus standard of the proposed legislation opens a stream for opportunism, exploitation and harassment of the innocent citizens in the hands our debauched law enforcement agents. Good news! Okiro’s men must beam at the prospect of carrying not just riffles on duty but also some tapes or rulers for measuring cleavages, hot legs and general female form; and making some good money.

Robot  # 1 | 28.03.2008 15:02

The proposed bill for an Act to prohibit and punish public nudity re-ignite...Read the full article.

Showcase  # 2 | 28.03.2008 19:40

And coming from a woman too! Any wonder women emancipation has been stunted over the ages? Otherwise a good article. Impressive.

udokaamah  # 3 | 28.03.2008 22:19

The proposed anti-nudity law represents a wasteful use of legislative resources and privileges. It confirms that our elected officials are disconnected from the real issues that impact Nigerians most. My prediction: the law has zero chance of enforcement.

bubbles  # 4 | 29.03.2008 03:10

While the sense of fashion of some of our ladies has taken a turn for the worse, I don't believe it is the responsibility of the legislature to dictate what they should wear. That is strictly a moral/religious affair. Let the imams and pastors deal with. Udokaamah, you're absolutely right in that our leaders are disconnected from the people. They sit high up there, look down and formulate laws that makes me wonder exactly how it's meant to better our lives.

Oluwato  # 5 | 29.03.2008 19:18

>>To the Nigerian nudity apologists like their homosexual allies, human right is a major attraction. “I have a natural right to wear whatever I like and in fact to go down street leaving it all bare” -they argue. To their adversary, everyman is a slave of the law that all may be free. Even the Bible commands as much. No one should in the exercise of his/her right or liberty become a stumbling block to another. Therefore “If you have right to go naked, the law should excuse me if I am provoked to rape you” they contend as if suggesting that provocation should not just be a legal defence for homicide but also for sexual crimes...<< I haven't read the bill yet. I'll have to read it first. In my own opinion, if adults don't know the difference between modest apparel and lewdness, the children are in trouble!

Correct Bobo  # 6 | 01.04.2008 14:29

Nice article and finely argued. However, the church is a group with interests just as any other group in an organised society. If a legislative bill will futher their interests, I would not be bothered if they rise to support it. The same can be said of any other interest group and in fact, the do have the statutory right to sponsor bills in the legislature as it means it is being channelled through a democratic process. If it fails in the house, so be it. I am waiting for your article on the "constitutional" Sharia law.

10Kobo  # 7 | 15.04.2008 01:04

Whats the Lawmaker's Headache about Boobs and Hot legs? "Truth is Truth, its not gender specific neither is it Time-bound" Wait, on scale of priority, l guess indecent dressing is our biggest problem, for now.:D Its more important to chase girls in Bikini than to ensure regular Power Supply? Its more important to measure Tits exposure that to repair dangerous roads? Its more important for a Policeman to measure another man's wife skirt than to be vigilant on patrol and check armed Robbers? Its more important to haul University babes to court than to functionally equip their Library and laboratories? Our children are more at risk from exposed Boobs (and they see their Mom's own daily!) than they are from fake drugs and dilapidated Hospitals? Hot legs kills more Nigerians than our ruined and gully-holed roads? 'Show-me-your-back' Tops is a greater challenge than spiraling inflation and cost of feeding? I can go on and on. The point is, stupidity and paucity of ideas on the part of our leaders knows no-end. Some of these 'holier-than-thou' moralist, regularly visit hotels under fictitious names and engage in extra-marital affairs, (ask any LGA chairman, Guv'nor, Minister or Baba Iyabo, how many indecent relationships they had, while in office), they do it on foreign trips and its even part of the "welcome package" for a visiting dignitary! The Bible says "we should remove the log from our eyes before attempting to remove the speck from the eyes of others". Let Senator Ekaette and her likes, find something more worthwhile to do, with their time, on Tax payers money. This is a silly distraction. Not just women; Maybe a man should be given five years in jail if he develops a 'Hard-on' in Public also? :D We need electricity, we need portable Tap water, we need good roads, our Hospitals and schools are mere decorations, we need the Police to tackle everyday killing of innocent Nigerians, by armed groups, we need all those treasury looters to be tried and brought to Justice. WE DONT NEED LAWS TO TELL US HOW TO DRESS, its the least of our worries Abeg, let me find something better to do! 10Kobo.

pH_bomboy  # 8 | 16.04.2008 17:48

=10Kobo;4295005356>Whats the Lawmaker's Headache about Boobs and Hot legs? "Truth is Truth, its not gender specific neither is it Time-bound" Wait, on scale of priority, l guess indecent dressing is our biggest problem, for now.:D Its more important to chase girls in Bikini than to ensure regular Power Supply? Its more important to measure Tits exposure that to repair dangerous roads? Its more important for a Policeman to measure another man's wife skirt than to be vigilant on patrol and check armed Robbers? Its more important to haul University babes to court than to functionally equip their Library and laboratories? Our children are more at risk from exposed Boobs (and they see their Mom's own daily!) than they are from fake drugs and dilapidated Hospitals? Hot legs kills more Nigerians than our ruined and gully-holed roads? 'Show-me-your-back' Tops is a greater challenge than spiraling inflation and cost of feeding? I can go on and on. The point is, stupidity and paucity of ideas on the part of our leaders knows no-end. Some of these 'holier-than-thou' moralist, regularly visit hotels under fictitious names and engage in extra-marital affairs, (ask any LGA chairman, Guv'nor, Minister or Baba Iyabo, how many indecent relationships they had, while in office), they do it on foreign trips and its even part of the "welcome package" for a visiting dignitary! The Bible says "we should remove the log from our eyes before attempting to remove the speck from the eyes of others". Let Senator Ekaette and her likes, find something more worthwhile to do, with their time, on Tax payers money. This is a silly distraction. Not just women; Maybe a man should be given five years in jail if he develops a 'Hard-on' in Public also? :D We need electricity, we need portable Tap water, we need good roads, our Hospitals and schools are mere decorations, we need the Police to tackle everyday killing of innocent Nigerians, by armed groups, we need all those treasury looters to be tried and brought to Justice. WE DONT NEED LAWS TO TELL US HOW TO DRESS, its the least of our worries Abeg, let me find something better to do! 10Kobo. thank you my brother.... next thing you know dem go dey take 'enlightenment' (sp?) trip go china to see how the legislature dey work for that way only to come back propose sey make we start to the chop 'jumping chicken' because de chinese dey do am and dem dey properous... na wa