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Monday, August 12, 2019

Lekki Strippers: Federal Government has no Legal Power to Make Tecno a Scapegoat - Richarmond O. Natha-Alade

Richarmond O. Natha-Alade
A publication of the punch Newspaper among other notable newspapers pop up today, 12th August, 2019, with the headline: “Lekki Strippers: We’ll make Tecno a Scapegoat, says FG”; the caption which was linked to the statements credited to Segun Runsewe, The Director General of Arts and Culture, a parastatal of the Federal Ministry of Information  and Culture.


The reason advanced for the making Augustine Kelechi A.K.A. Tecno a scapegoat is owing to the release of a his latest video titled: ‘Agege’, which was a video part-shot at a late hour of the day in a part of Lagos claimed to be Lekki; wherein some half-clad girls were cited dancing in a transparent moving van by members of the public in the course of shooting  the video, thereby attracting the usual and/or expected attention of passers-by and subsequent police invitation of Tecno for indecent conduct after part of the video leaked to the public before it was officially released.

I have seen the video, and I make bold to state categorically that Tecno has not in anyway offended the Federal Government, If at all the Federal government is disgruntled, all they could do under heaven and earth is to ban the video via the National Broadcasting Commission (NBC), the regulating body seeing to the contents, monitoring and supervision of performing artists intellectual properties; and the NBC decision in the above regards would be subject to the fact that the video is not worthy of public consumption. But the Federal Government lacks the locus to prosecute Tecno on the ground that half-clad girls and Tecno conducts in the course of the video shoot and release constitute threat to national security. That coloration of the offence would not only be ridiculous but strange to our laws when applied to facts.

Our constitutional arrangement cannot allow the Federal Government to touch Tecno, any attempt by same to arrest and/or charge him would amount to wrongful, illegal arrest and/or malicious prosecution; and Tecno would have all legal rights to challenge same and claim huge damages against the Federal Government of Nigeria.

The only governmental body that can arrest and arraign Tecno in court is the Lagos State Government, and that is where an offence is said to have been committed in this respect, if any at all.

The only offence Tecno would likely be charged for is under section 134(a) and 136 of the Criminal Law of Lagos State, 2015 which prohibits indecent act. But the conduct which constitute indecent act is a subject of interpretation in Court; of which each side would call their witnesses. Remember, there is no monopoly of moral or decency; as what is immoral or indecent to you may be moral or decent to countless number of people. Someone like me did not see any immorality in Tecno video. Guess the Judge is someone like me.

The prosecutorial power of the Honourable Attorney General of the Federation to prosecute matters is related only to Federal offences, offences against the Federal Republic of Nigeria and/or offences committed at the Federal Capital Territory. Anything outside the given specification is Federal Government going beyond the boundary set by the Constitution of the Federation of Nigeria.

Section 160 of the Constitution of the Federal Republic of Nigeria establishes the office of the Attorney General of the Federation and its powers and functions are clearly spelt out in section 174 of same. At nowhere therein would The AG federation or any of its officials have such power to prosecute Tecno, no matter the colouration given to the offence he is said to have committed. The end result would be nullity and disastrous.

Federal Government Is Playing Double Standard
By a publication credited to the erstwhile Minister of Information, Alhaji Lai Mohammed, sometimes in July 2018; he promised to encourage consumption of local products and discourage any foreign signature by banning all Nigeria artists from shooting videos outside the shore of Nigeria. See https://www.vanguardngr.com/2017/07/p-square-yemi-alade-nigerian-musicians-react-fgs-proposed-ban-shooting-music-videos-abroad/

By the above grandstanding of the renowned minister, shouldn’t Tecno have been invited and given national medal of encouragement for his ingenuity rather than harassment by arrest and threat of prosecution?

The World is Changed; Tecno Committed No Offence
The conduct of Tecno in the course of shooting the video may seem strange, unusual and/or unprecedented; but I do not see any illegality in same. The world is changed in all spheres and we must wake up to that reality. Since we have adopted everything west: official language, dressing codes and ways of life; nothing should looks strange any longer in the above regards. Advanced jurisdiction would put up structures to aide Tecno video for the ingenuity and resourcefulness put into the video, but this country, talents and ingenuity are killed on daily basis like Christmas chicken. Thank God for resilient Nigeria youths who always finds means of survival.

By all standards, the girls said to be half-clad in a shoot at the dark hours of the night represents the average video foisted on Nigeria public view for over decades now, which Nigerian youths have fallen for and grown to love and accepted as norm. Most cable TV stations and nearly all the artists in Nigeria and beyond have their video shot in similar manner, with specification as per the featuring girls’ mode of dressing, appearances and moves.

If the Federal Government have not in anyway regulated those earlier videos which are been played on daily basis on several national Television stations, how can they plan to stop Tecno and prosecute him just because his moves by dancing with sexy-dressed girls at a public place is unprecedented?

At least we have gender equality. If men can entirely remove their shirts and put on boxers anywhere without any issue, why should you bar ladies from dancing with their braziers and pant if they chose to?

I am a big fan of Tecno, I have seen the video “Agege’, it is lovely, Trans-cultural and just like every usual videos Nigerians watches everyday on the available cable networks. If NBC cannot ban and harass the copyright holders of other videos been played to the public on National Television Stations, why Tecno video of same magnitude and effect?

Nigeria is too boring, the rate of suicide is alarming; if the federal government fails to give us recreational centers and encourage the entertainers, at least, the Federal should allow our artists to grow in their own ways; Tecno has not in anyway by the shot of his ‘Agege’ video constitute threat to national security as claimed by the NCAC Director; rather, the NCAC Director is the one that constitutes Threat to National Security by his uninformed opinion and conducts. As one of those strongest things uniting this country is music.

Almighty FG NCAC Director: Live and let live.


Richarmond O. Natha-Alade is a legal Practitioner and Principal Partner at
Sun Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
www.snathap.com




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