A legal practitioner, Emmanuel Isangidoho Esq., has faulted the arrest of a masquerader by the Akwa Ibom State Police Command, describing the action as a reflection of deeper problems within the Masquerade (Control) Law of the state.
According to him, while the law empowers the police to arrest masqueraders involved in violence, breaking into premises, or extorting the public, the circumstances surrounding the most recent arrest remain unclear.
He stressed that before the public can judge the appropriateness of the arrest, it is necessary to know the specific offence allegedly committed by the masked individual.
The lawyer argued that the law, as currently enacted, infringes upon the cultural and constitutional rights of Akwa Ibom people.
He noted that the requirement for masquerade groups to obtain a police permit before any cultural display is an overreach that undermines long-standing traditions, especially in culturally vibrant areas like Oro Nation where masquerade performances are peaceful and integral to community identity.
He maintained that masquerading is neither a banned activity nor a societal menace and therefore should not be subjected to a regulatory framework that treats it like a potential threat to public order.
Isangidoho insisted that while offences clearly defined in the law may remain valid, the permit requirement should be completely removed, as it provides excessive discretionary power to police authorities and the governor to stifle cultural expression.
He questioned whether the state would enforce such provisions during major cultural and festive events, arguing that selective enforcement exposes the law’s impracticality.
Calling for an urgent repeal or amendment of the legislation, the lawyer urged the Akwa Ibom State House of Assembly to act immediately to protect the cultural heritage of the people.
See his full statement here:
“MY CONCERN ON THE ARREST OF A MASQUERADER BY THE POLICE IN AKWA IBOM STATE
By Emmanuel Isangidoho Esq
1. There is a law in Akwa Ibom State, which was enacted by the Akwa Ibom State House of Assembly to regulate and control the activities of masquerades in the State. It is called Masquerade (Control) Law.
2. Under this law, police has right and duty to arrest without warrant and prosecute masqueraders causing injury or harm to any person. This offence attracts confinement for two years without any option of fine, if conviction is established. The police can also arrest and arraign any masquareder for breaking into a dwelling house or entering any premises. This is punishable with imprisonment for one year or a fine of two hundred thousand naira or to both such fine and imprisonment. Another offence upon which masqueraders are liable for arrest and prosecution is demanding gift, goods, food etc with threats or menaces to the annoyance of anyone or causes fear to the person. This one attracts imprisonment for 6 months without any option of fine. A masquerader may also be arrested and prosecuted under any law apart from the offences stipulated in Masquerades Control Law.
3. Now, what was the offence of the masquerader arrested by the police as shown on social media recently? As at the time of writing this comment, I have no idea of what offense the man behind the mask committed or allegedly committed. Nevertheless, readers of this brief should be informed, in a synoptic form, the contents of the law regulating masquerades activities as follows:
4. The law prohibits unauthorized masquerading. Meaning, no masqueraders shall assemble or proceed on any procession anywhere in Akwa Ibom State unless the recognized leader of the masquerade apply and obtained a Permit from the Commissioner of Police or any superior officer not below the rank of ASP in charge of a police station or police post.
5. The recognized leader of the masquerade group shall submit application in writing to the officers listed above for a permit to assemble or proceed on procession or display. The written application must specify the date, hour, square, places, the routes through which the masquerade activities, display and procession shall take place and guarantee that the masquerade shall peaceably assemble, peaceably conduct its procession and peaceably disperse.
6. The application required for the Permit must be made at least 3 days before the outings.
7. The law enjoins the police to issue the permit unless there is a reasonable cause to fear that the activities of the masquerade may occasion a breach of the peace. Nevertheless, if the Commissioner of Police refuses to grant the permit, the recognized leader of the masquerade (cultural) group may appeal to the Governor to grant the Permit and the Governor’s decision on this further application is final.
8. Now, if a permit is granted, and a masquerade strays outside the square or other places or the route of the authorized display or procession, such a masquerader commits an offence and liable upon conviction to imprisonment for a period of one month or a fine of fifty thousand naira or to both such confinement and fine.
9. Very courageously, the law empowers the police at the police station to unmasked the offending masquerader for the purpose of identification and prosecution.
10. At this juncture, I think the law makers who passed the bill and enacted the Masquerade Control Law loose sight of the inherent and inalienable cultural rights of the people of Akwa Ibom State when the law was at the bill stage and undergoing the process and procedures of its passage into law.
11. In Oron nation for example, ekpo masquerade’s display is a joyous activity of men and women, children and adults particularly during the end of the year. There in Oro nation, it is always, and shall continue, to be a very non-violent and crime-free display of this rich culture. If any masquerade activity of a particular masquerade in a particular part of the state is known for violence or breaching of the peace of the society, such group should be proscribed or caused to obtain the permit stipulated in the law before embarking on such activity, and not all groups.
12. Nigerian citizens of Akwa Ibom State origin are protected by the Constitution of the Federal Republic of Nigeria to associate freely and to worship what they choose to worship freely. In Akwa Ibom State many persons in exercising their cultural right of association and religious right of worship, belong to Ekpe and Ekpo societies. These are not proscribed societies in Akwa Ibom State, nay Nigeria. There is no crime records in Akwa Ibom State linking to these societies. So what mischief or crime was this law enacted to cure and prevent?
13. Observably, the requirements for obtaining Permit to carry out masquerade displays in Akwa Ibom State is an intentional way of killing the culture of the people of Akwa Ibom State. The latitude given to the police and the governor to refuse granting permit for masquerade activities is just one button pressable to stamp out this cultural heritage in the state. This is quite unfortunate.
14. Will the police arrest and prosecute all the masqueraders that shall display in the ongoing Akwa Ibom state Christmas festival? Will permit be needed when Ekpe masquerade plays its role during the funeral of Obong Ekpe who is a paramount traditionalist in the state? Of course, the police will dare not.
15. To this extent, I think this law needs urgent review. The offences in the law should be allowed to be intact. THE PROVISION FOR APPLICATION FOR PERMIT TO STAGE CULTURAL DISPLAY WITH MASQUERADE SHOULD BE REMOVED COMPLETELY. IT IS NOT A CRIME TO DISPLAY MASQUERADE. MASQUERADING IS NOT RIOTING OR PROTEST THAT REQUIRES PERMIT. IF IT IS A CRIME OR CRIMINAL GROUP, IT WOULD HAVE BEEN PROSCIBED WITHOUT ANY LATITUDE FOR SEEKING PERMIT TO ENTERTAIN THE CULTURAL AUDIENCE OF AKWA IBOM STATE IN ANY SEASON.
15. Back to the case of the masquerader that was arrested few days ago. I asked, was there any permit granted for the outing in the first place? It pains me to ask this question, because Akwa Ibom people was not created for this kind of law to deprive them of enjoyment of their culture.
16. Please repeal this law immediately.
17. The law is cited as Cap….vol….of the Laws of Akwa Ibom State of Nigeria. I am applying for the permit of Ag to give full citation of the law. Wait for full citation when the application is granted.
Na waoh!
To whom It May Concern: I don’t need any permit edi-ineng Ekpo-Udue-Oruko next week’s Ududa.
AKHA take action immediately, Mbok.
CC. Ekpo Utit Unwan Oro.
