A former Regent of Ibule, Moyinoluwa Falowo, has criticised the 10-year banishment of a man who allegedly impregnated his biological daughter in Abia State, insisting that the traditional sanction is inadequate and that the suspect should be handed over to law enforcement authorities for prosecution.
Falowo argued that expelling the accused from his community does not amount to justice for the alleged victim and could simply transfer the danger to another community where his past may be unknown.
The former Regent was reacting to the decision of the Paramount Ruler of Ikwuorie Autonomous Community in Ohanku Ndoki, Ukwa East Local Government Area of Abia State, Apostle Dr. Chibuzor Gift Chinyere, who announced on Thursday, November 12, that he had banished the man for 10 years following an investigation which, according to him, established that the man impregnated his biological daughter.
Chinyere, who is also the founder and General Overseer of Omega Power Ministries (OPM), had expressed concern about the future of the pregnant daughter and her unborn child, particularly the stigma the child might face growing up in a community already aware of the circumstances surrounding the pregnancy.
The traditional ruler also disclosed that he had taken responsibility for the feeding and education of the man’s other children and would provide monthly financial assistance for their upkeep during the period of banishment. <Cite refs={[“turn842113search1″,”turn842113search2”]}/>
However, Falowo maintained that while the traditional ruler’s intervention might have been intended to address the gravity of the incident and protect the community, banishment alone was not an adequate response to an alleged sexual offence of such magnitude.
She insisted that the accused should be handed over to the police for proper investigation and prosecution and, if found guilty, subjected to the punishment prescribed by law.
Questioning the long-term effectiveness of banishment, she asked where the offender would go after leaving his community, warning that he could relocate to another part of the country, conceal his history and potentially repeat the offence.
Drawing from her experience as a former occupant of a traditional stool, Falowo said traditional rulers often found themselves in difficult positions when confronted with serious criminal allegations, especially where their authority to maintain communal order was not matched by clearly defined legal powers.
She also raised concerns about the tendency of some rural communities to treat serious crimes as internal family matters, thereby exposing victims to intimidation, emotional blackmail and pressure to withdraw complaints.
According to her, the desire to preserve family relationships, protect communal reputation or avoid public embarrassment must never take precedence over the safety and dignity of victims of sexual abuse.
Falowo consequently called for a broader national conversation on the place and relevance of traditional institutions in Nigeria’s modern justice system.
She argued that the country must decide whether traditional institutions should be given clearly defined and regulated roles within the justice system or whether their authority should remain largely confined to customary and community matters, particularly when dealing with serious criminal offences.
The former Regent also questioned why a properly structured system of traditional and customary justice, with clearly prescribed jurisdiction and safeguards, could not be considered within Nigeria’s constitutional framework.
She, however, stressed that any such arrangement must operate within constitutional limits, protect fundamental human rights and guard against the abuse of authority by traditional rulers or influential members of a community.
Falowo maintained that traditional institutions could play meaningful roles in promoting justice and social order, but should not become substitutes for established law enforcement and criminal justice institutions in cases involving serious offences.
She further warned that the absence of a clear legal framework could leave traditional rulers with considerable community responsibilities but limited capacity to address criminal conduct effectively.
Emphasising the need to place the victim at the centre of the response, she said the pregnant daughter’s physical safety, emotional wellbeing, dignity and access to justice must remain the priority, rather than the reputation of the family or the desire to settle the matter quietly.
She concluded that banishment might remove an alleged offender from one community, but it does not necessarily establish accountability, secure justice for the victim or guarantee the safety of others.
For Falowo, the incident goes beyond the actions of one traditional ruler or the punishment imposed on one alleged offender. It raises fundamental questions about the limits of customary authority, the protection of vulnerable persons and the responsibility of the Nigerian state to ensure that serious crimes are investigated and prosecuted.
