The Women Empowerment and Legal Aid (WELA) organization has criticized the unlawful curfews instituted by non-state actors throughout Nigeria, deeming the practice both unconstitutional and hazardous for women and girls.
In a declaration from its founder, Funmi Falana, SAN, WELA pointed to recent events in Ozoro, Delta State, as indicative of a wider issue of illegal constraints linked to traditional customs in numerous regions.
"The alarming situations reported in Ozoro, Delta State, are part of a larger pattern of tolerated illegality across various parts of Nigeria, where curfews and movement restrictions are enforced by non-state actors under the guise of cultural practices," the statement indicated.
WELA emphasized that this matter transcends mere cultural expression, asserting, "To be clear, this issue is not about culture. It is about unauthorized power being exercised."
The organization highlighted that in regions such as the South-West and the Niger Delta, traditional festivities like Oro, Agemo, and Ekpe frequently bring about movement limitations that adversely impact women, non-indigenous residents, and those not initiated into these traditions.
"These restrictions confine individuals to their homes, inhibit businesses, disrupt education, and, as recently evident, foster environments conducive to abuse," the organization stated.
Labeling the circumstances in Ozoro as a severe illustration, WELA cautioned that such practices undermine the rule of law and increase the risk to vulnerable populations.
“When individuals or groups take it upon themselves to declare curfews, control public spaces, and determine who may travel without restrictions, they set the stage for chaos to replace order, thereby endangering the vulnerable, particularly women and girls," the statement added.
WELA underscored that the 1999 Constitution guarantees essential rights, including the freedom of movement, personal liberty, and protection from discrimination. It pointed out that no traditional or private authority has the legal power to suspend these rights.
"No traditional institution, cultural group, or individual possesses the constitutional power to negate these rights," WELA clarified.
Additionally, the organization referenced judicial rulings that have consistently opposed such practices.
"Tradition cannot supersede fundamental rights," the statement continued.
WELA also referenced the Violence Against Persons (Prohibition) Act, stressing that imposing curfews through coercion or violence constitutes a criminal offense.
"When curfews are enforced through intimidation, threats, or violent means, they cease to be cultural expressions and become criminal acts," it highlighted.
The organization is advocating for immediate nationwide measures, calling on authorities to deem all curfews established by non-state actors illegal and impose penalties on violators.
"All curfews mandated by non-state actors, irrespective of the rationale—be it festivals, rituals, or customs—must be condemned as illegal and banned across Nigeria," WELA declared.
It also urged law enforcement agencies to recognize such practices as criminal offenses and called for governments to clearly articulate the boundaries of traditional authority.
While acknowledging the significance of culture, WELA asserted that traditions must evolve in ways that honor human rights.
"Our festivals should celebrate our heritage without weaponizing it. They should draw visitors rather than instill fear, and empower communities instead of degrading women and girls," the statement concluded.
The group cautioned that ongoing tolerance of illegal curfews would exacerbate human rights violations and undermine justice systems nationwide.
"The incidents in Ozoro serve as a warning. If unlawful curfews continue to be tolerated, they will keep creating conditions where rights are undermined and justice remains elusive," WELA warned.
The organization concluded: "We must choose—between a society governed by laws or one governed by unchecked traditions. The decision for us is straightforward. Enough is enough."

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