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FEMALE GENITAL MUTILATION (FGM) - A crime in Edo State
by Ms. Nogi Imoukhuede during a one day workshop on
FGM and Violenece against women organized by the Chair, Senate Committee
on women affairs and youth - 19 July, 2004, Benin City, Edo State


Distinguished Ladies and Gentlemen, it gives me great pleasure to be present amongst you.
First, I would like to salute the Edo State House of Assembly and the Government of Edo State for being the first to deliberate on and pass a law prohibiting Female Genital Mutilation (FGM) or female circumcision as it is commonly known. I urge you not to relent in your proactive approach in people centred, gender sensitive law making. You have done your work and it is now left to the Executive and Judicial arms of the government and we CSOs to ensure implementation of this wonderful law. I would also like to thank the facilitator of this programe Senator Daisy Ehanire-Danjuma, the Chair, Senate Committee on Women Affairs and Youth. Madam I am confident that during your tenure, Nigerian women will go places.

Nigeria is traditionally a male dominated society though women make up half of our estimated 120 million population. In spite of the advances in education, women still lag behind in all areas of national development. Nigerian women face barriers to full enjoyment of their rights because of ethnicity, culture, religion or lack of education, many Nigerian women encounter specific obstacles related to their family status or to their socio-economic situation living in rural, isolated or impoverished areas. The traditions in Nigeria can be characterised as a system of beliefs and practices which put women in a position of inferiority. The inferior status of women is protected in the name of tradition, culture and religion and have deprived women of their rights as Human beings.

Under Nigerian Law all citizens are guaranteed equal rights and there is no law that discriminates against women. The Constitution of the Federal Republic of Nigeria, 1999 in chapter 4 enshrines the following fundamental Human Rights: Right to life, Right to dignity of the human person, Right to personal liberty, Right to fair hearing, Right to private and family life, Right to freedom of thought, conscience and religion, Right to freedom of expression and the press, Right to peaceful assembly, Right to freedom of movement, Right to freedom from discrimination, Right against compulsory acquisition of property.

In reality violations of women's rights in Nigeria are numerous and fall under the following broad categories- violence in the home, sexual harassment at school and work, rape and defilement, Harsh and punitive widowhood rites, Female Genital Mutilation, forced childhood marriages, sexual violence in conflict situations and during execution of armed robbery, enforcement of gender biased laws, discrimination against the girl child, disinheritance of wives and daughters, Harmful traditional practices.

Female Genital Mutilation (FGM) is a cultural practice that has been with the Edo people from time immemorial. The cultural belief is that FGM prevents sexual promiscuity and promotes chastity in women. We now know that this is a myth and a harmful belief that militates against women's health in Nigeria. Culture is dynamic and not static, therefore as we grow as a people we should easily abandon those beliefs that are harmful or work injustice to any segment of our society. You all know that previously twins were killed at birth in Calabar because they were regarded as an evil omen. Today the situation has changed because the people were made to realize that such a belief was repugnant. So we in Edo State MUST ALSO CHANGE our beliefs. FGM is now a crime in Edo State. I am glad that in the audience we have traditional birth attendants, members of the Health Sector in the Local Governments, Women leaders and market women leaders. This message is for you!


Our most distinguished Professor Okonofua has eloquently informed you of the health risks associated with FGM. I would therefore go straight to an analysis of the Edo State Female Genital Mutilation (Prohibition) Law. This law was passed in 1999 by the Edo State House of Assembly. The objective of the law is to stop circumcision or FGM which sometimes lead to serious bleeding, infection, psychological trauma and in some cases death of the victims.

The law in section 2 defines mutilation as 'any cutting, incision, damage or removal of any part or all of the female organ. This law therefore deals with female circumcision and not male. You can therefore still circumcise your male children.

Section 4, lists the principal offenders as:

i) The person herself who offers herself for circumcision, so you cannot tell the court that it is my body and I have a right over it.
ii) Any person who either forces, entices or cause any person to undergo FGM.
iii) Any parent or guardian, you can't tell the court that it is my child or ward so it is not the government's business. It is a crime against the state.
iv) The performer of the operation of FGM, you cannot therefore claim that I was in my office or house when the child was brought to me.

For the offence of FGM, it is irrelevant that the female consented. Consent is therefore not a defence to FGM, you cannot also plead that it is a tradition of your people (see section 3)

Under Section 5, the people who therefore have the power of arrest are the Police, officers of the Ministry of Health, officers of the Local Government or any other authorized person.

Once the prosecution has proved its case the penalty is a conviction for not less than 3 years imprisonment or option of fine for not less than N3,000 or both (section 7).

Any person who obstructs or assaults any officer in discharge of his duties under this law shall be liable for summary conviction to a fine of N2,000 or 1 year imprisonment or both (section 9).

Ladies and gentlemen, with this analysis of the law you can no longer claim ignorance, for as they say 'ignorance of the law is no excuse'. I therefore urge you all to take this message to your towns, houses, and offices throughout Edo State. Let our people be informed that they will now go to jail for circumcising their daughters. Help to eliminate FGM in Edo State.

Thank you


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