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On Prohibition of Invocation of Harmful Juju And Other Matters in Tai Local Government Area, 2026 By Advocacy for Alleged Witches
This piece of proposed legislation does not add value to the existing legal regime. Instead it violates constitutional rights, and increases the tendency to encourage witch hunts and traumatize vulnerable people.
Section 3 states the Purpose of the proposed Bye-Law. The purpose of the law targets subject matter that is already acknowledged to be – at best – nebulous, incapable of precision and already within a realm that is outside evidential proof. “Prohibiting the invocation of charms, juju or spiritual powers intended to harm, threaten, kill, compel or unlawfully influence any person” pretends to attach liability to “acts” which our law already does not recognize as being capable of proof. The courts have already taken judicial notice that claimed spiritual entities or powers are not material that are intelligible or cognizable in a court of law. To criminalize an “act” that is incapable of proof seems to be a supremely idle undertaking by any kind of legislature under our Constitutional and legal regime
Section 4 states the Aims of the proposed Bye-Law. The aims of the proposed bye-law are expressed to be to “Protect Human rights, domesticate criminal code and reducing reliance on superstition in daily and public life”. Ironically, this proposed Bye-Law in itself actually violates human rights and endangers the human rights of the populace it is supposedly meant to serve. The objective to domesticate the Criminal Code is not legally plausible, in view of the legislative competence of a Local Government Legislative Council under our Constitution. We submit that upon well established Constitutional Law, this proposed Bye-Law is ultra vires the Council. Moreover, the existing Criminal Code applicable in Rivers State has sections which sufficiently deal with the issues of Juju, charms and claims to Supernatural powers, particularly in its Chapter 20. The Constitutional principle of “Covering the field” makes the exercise and aim of this proposed bye-law a none-starter from the very beginning. That is to say, the Bill is legally “Dead on arrival”. The more plausible objective of reducing reliance on superstition in daily and public life is not a goal that mere legislation can achieve in this case. We propose that this aim be undertaken by education and advocacy, not multiplying laws or micro-rewriting codes.
The “offences” provided for under sections 5 and 7 of the proposed Bye-Law, with penalties provided under sections 6 and 7 essentially consist of acts that cannot be proved by acceptable empirical proof. The only exception is in respect of invoking juju to cause psychological distress, in the sense that someone may actually be psychologically distressed (and psychological distress is empirically provable), then in that wise presume to accuse another person of using Juju to cause him the said psychological distress. Yet the evidential hurdle to establish such proof within accepted Nigerian jurisprudence is so high that the possibility is nil, or at best doubtful.
Furthermore, the penalty of banishment from the community under section 6(3) of the proposed bye-law is a significant example showing how ill-thought out this bye-law is. The Constitution of Nigeria – as exemplified in well established case law – forbids the banishment of any Nigerian citizen. The Constitution guarantees a freedom of movement and liberty to reside anywhere to all persons in this Federal Republic.
The offence of accusing a person of being a witch under section 8 of this Bye-Law, is already sufficiently provided for under several sections under Chapter 20 of the Criminal Code. This Local government is not imbued with the competence to repeat or re-enact the Criminal Code under legal principles we have already referred to in the preceding paragraphs.
Section 9 which purports to give Traditional Rulers, Youth Councils, Community task forces and local people the power to arrest any person “that invoke or having intention to invoke juju” is simply a blatant attempt to empower a large scale violation of Constitutionally guaranteed rights to freedom of religion and conscience, and indeed a brazen attempt to traumatized an already ignorant and heavily traumatized society. This is an invitation to inaugurate large-scale retrogression to the dark ages of witch-hunts.
Section 10 of the proposed Bye-Law with its marginal notes given as “Legal content” betrays an awareness of the existing Law applicable in Tai Local government, but also shows clearly that there is a misunderstanding of the Role of the Local government in the hierarchy of laws and the extent of its given powers.
This piece of proposed legislation does not add value to the existing legal regime. Instead it violates constitutional rights, and increases the tendency to encourage witch hunts and traumatize vulnerable people.
