Kusamotu: Umar Bago’s order on dreadlocks unlawful — governors don’t have such power

Ayo Kusamotu, Lagos-based lawyer and chairman of Kusamotu & Kusamotu law firm, says the order given by Umar Bago, governor of Niger, for security operatives to arrest individuals with dreadlocks in Minna is unlawful.

At a meeting with stakeholders on Tuesday, Bago said security operatives should cut the dreadlocks of such arrested residents and impose fines on them.

The Niger governor said his administration has zero tolerance for rascality

“Anybody that you find with dreadlocks, arrest, barb the hair, and fine the person,” the governor had said.

However, following widespread criticism, the governor reversed his decision on Wednesday.

In a legal opinion shared with TheCable, Kusamotu said the governor’s order violates provisions of section 42 of the 1999 constitution (as amended) prohibiting discrimination.

The lawyer said dreadlocks are not only a form of hairstyle but carry cultural significance in many parts of the country.

“Apart from religion and culture, if a person has not subscribed into a group like the Nigerian Police Force, military and associations that strictly require a mode of appearance then it is unlawful to infringe on the right of any person based on their appearance,” the statement reads.

“Nigerian law as it stands today does not permit any security force or governor to legislate a mode of appearance or order the arrest of anyone based on unknown laws.

“This is a trend in Nigeria where authority’s powers are not questioned, and incalculable harm is done to the society.

“The right from discrimination is so sacred that section 45 of the constitution excludes it from rights that can be derogated. A governor cannot suddenly decide to criminalize actions.

“To safeguard against such risks, section 36(8) of the constitution states that no person shall be held guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute an offence.

“On a lighter note, those wearing dreadlocks should steer clear of Niger state. It should be seen as a intolerant state where rights will be violated.

“In Nigeria, we have two laws – theory and practice. Practice takes precedence over theory. Prosecutors often violate citizens’ rights, and courts and laws enable this. Saving a defendant in a biased system requires considerable effort. The rest is left to the human rights community to act a watch dog and saviour of the poor and defenseless.”

Bago has now claimed he was he was misinterpreted, adding that his comments were specifically directed at those involved in cult activities within the state.

He sought to reassure investors that Niger state welcomes business owners, regardless of their hairstyle.