TheCable

BY WALE ADEBANWI, AKIN ADESOKAN, EBENEZER OBADARE, AND OLÚFẸ́MI TÁÍWÒ

The conviction of Okuneye Idris Olanrewaju, popularly known as Bobrisky, by the Federal High Court in Lagos, constitutes a flagrant display of judicial highhandedness, an offence against fairness and basic decency, if not an outright distortion of the law. In sentencing the accused to six months in jail without the option of a fine, Justice Abimbola Awogboro presided over a sham of a trial in which she substituted her prejudices while possibly allowing herself and the legal system to be used to the do the dirty work of those who cannot stomach the spectacle of Bobrisky dressing as and, for all intents and purposes, presenting publicly as a woman.

We say this because of our sincere conviction – and, we hope, what every reasonable person can see — that Bobrisky’s arrest and trial have nothing do with “mutilating the Naira,” but seem to have been motivated by a desire to humiliate and bring ‘her’ to heel for daring to violate seemingly settled norms pertaining to sex and gender. If the Economic and Financial Crimes Commission (EFCC) which arrested and brought charges against Bobrisky were truly interested in “individuals who are in the habit of spraying during parties in Lagos,” there would be no room in its famous underground cells, since spraying money (and not just Naira notes) is what literally every party goer in Nigeria does. The fact that, in February 2023, the Commission had arraigned Nollywood actress Oluwadarasimi Omoseyin before a Lagos Federal High Court on similar charges (Ms. Omoseyin was sentenced to six months of imprisonment with an option of fine) makes no difference. In both cases, the EFCC acted foolishly by placing its limited resources at the disposal of powerful interests seeking, for various reasons, to ‘make an example’ of both individuals. This can only mean that more than just “abusing” the Naira is at issue in these cases.

By seeming to put itself at the behest of vested interests and making itself party to what looks like a classic instance of social scapegoating, the Commission and the personnel that do its work tarnish its and their reputation before the Nigerian public.

To be sure: what we think of Bobrisky’s self-presentation or gender expression is not the matter here. What we are defending is a cornerstone liberal precept, to wit: the freedom of the individual to live as he or she chooses, insofar as he or she does not infringe upon or harm his or her neighbor. To the best of our knowledge, Bobrisky has done no such thing. On the contrary, it would seem that pure fascination with Bobrisky, who enjoys a massive following on social media, outweighs disgust at ‘her’ radical self-re invention. Not only that, Bobrisky has carved a niche for ‘herself’ in Nigerian entertainment circles, enjoying an unmatched level of celebrity, and becoming part of the Nollywood furniture in the process.

This broad acceptance is what appears to have ticked off many, including perhaps Justice Awogboro, who, as if to make a point, sought clarification on Bobrisky’s gender before pronouncing sentence, a question that is completely unrelated to the case before her. This is partly why we think that the judge has substituted her values for those of the law.

No doubt, there is a conversation to be had about crossdressing, gender, gender-bending, transgender, etc., all in the context of individual self-making and re-making in a free society. Rather than allow Nigerians speaking freely to have that conversation, we suspect that those who think they have a superior morality, with the judge’s cooperation, have decided to pursue a different objective. They want to use the blunt instrument of the law to accelerate and prejudge the outcome of a process that, if the experience of the advanced liberal democracies is anything to go by, is bound to be intense, divisive, but ultimately generative.

Hastily arraigning and convicting Bobrisky on the flimsiest of grounds does no one any good. If anything, it speaks to a perverse sense of justice that an individual can be shanghaied for “abusing” the Naira, while those accused of “padding” the federal budget or depositing state funds in private accounts are allowed to walk free. We should rethink the law that criminalises “abuse” of the Naira and suchlike that open ordinary people to criminal records that should never be part of their lives.

Bobrisky has done nothing wrong. Her conviction should be quashed, and she should be set free today.

Adebanwi is Professor of Africana Studies at the University of Pennsylvania

Adesokan is Associate Professor of Comparative Literature at Indiana University, Bloomington

Obadare is Senior Fellow for Africa Studies at the Council on Foreign Relations (CFR)

Olúfẹ́mi Táíwo is Professor of Africana Studies at Cornell University.