People
sometimes had mistaken habit to be sickness a well as disability. But that is
not true. Habit can be said to be sickness only when it creates problem to
health. A prostitute is not sick until she contacts an infectious STD (Standard
Transmitted Disease) and other STD like AIDS. This is when we conclude that
such a person is sick as well as unsound for any task ahead. The same thing is
applicable to homosexual/Lesbians habits, though unacceptable in Nigerian
constitution according to SECTION 214 to 217 as stated below:
214 “Any
person who
(a) have carnal knowledge of any person
Against
the order of nature or
(c) Permits a male person to have carnal
Knowledge
of him or her against the
Order
of nature
Is guilty of
felony and liable to imprisonment for fourteen years.
SECTION 215
215 “Any
person who attempts to commit any
of the offense defined in the
last preceding section
is
guilty of a felony and is liable to imprisonment
seven
years. The offender cannot be arrested
without warrant
SECTION 217
217 “Any
male person who whether in public or
Private,
commits any act of gross indecency
With
another male person, or procure another
Male
person to commit any act of gross
indecency with him, or attempt to procure
the commission of any such act by any male
person with himself or with another male
person whether in the public or private is
guilty of felony and liable to 3 years
imprisonment”
But accepted and Promoted in the western world like united
state and Europe where it does not deprive them their human right and political
views to compare the discrimination of these practices to their victims in
Nigeria. This is because they understand that it had not yet made them unsound
to their senses and duties as well as social responsibilities of their citizens
to their mother land. Based on this we cannot conclude one to be unsound until
it affects His/ Her health and reasoning. Therefore, Habits cannot be attached
to being unsound.
On the other hand, disability is a short coming, this is why
a disabled person can be said to be sound for any task but are not capable
because He/she is limited by nature which needs an aid or support to forge
ahead. And this is why we cannot conclude disability to be unsound or sick
persons rather we say that such a person is limited by nature to execute task
or He/she needs aid or supports.
Let us take a short
sighted person who is disabled to see well and needs a medical recommended lens
from an Optician to correct His/her site and read well, and also a crippled
person who is sound but needs a wheel Chair like one former governor of a state
who encountered fatal accident and was crippled but assisted with a wheel chair
to move around as well as a pusher yet sound to administrate in His tenure.
Again, is a dumb person who needs an education to communicate effectively with
the public and yet very sound in mind and reasonable to execute His task with
aid of education.
Now when we say that someone is sick, we are trying to prove
that the person is either mentally depreciating or retarded. When someone is
getting old, his/her mental initiatives begin to diminish and as a result
he/she is not capable to make sound decisions as he/she will develop loss of
memory due to poor reasoning as a result of aging cells which is weak and tends to affect the whole system. Also this
condition is similar to Lunatics who are described as people of unsound mind.
And according to Nigerian Constitution, a lunatic cannot be permitted to participate
in so many things like handling political position, who are these Lunatics? They
are people with poor reasoning who cannot effectively enter a contract and
accomplish it. This caliber ranges from people that behave like Minors (people
that reasons like child) and imbeciles as well as mild insane persons are
included to be lunatics. These calibers are sick in their brain; they reason
like a child as long as executing contract is concern. And according to Section137 (1) of 1999 constitution of
Federal Republic of Nigeria as stated below:
(1)
A person shall not be qualified for election
to office of President if:
(a)
Subject to provisions of section 28 of
Nigeria Constitution, he has voluntarily acquired the citizenship of a country
other than Nigeria or exception such cases as may be prescribed by National
Assembly, he had made a declaration of allegiance to such other country; or
(b)
He had been elected to such office at any
two previous election or
(c)
Under the law in any part of Nigeria, he is
adjudged to be a lunatic or otherwise declared
to be unsound mind; or
(d)
He is under a sentence of death imposed by
any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any
offense involving dishonesty or fraud (by whatever name called) or for any
other offense, imposed on Him by any court or tribunal or substituted by a competent authority for any other sentence imposed on
him by such a court or tribunal or
(e)
Within a period of less than ten years
before the date of election to office of president he has been convicted and
sentenced for an offence involving dishonesty or he has been found guilty of contravention
of code of conduct; or
(f)
He is an undischarged bankrupt, having been
adjudged or otherwise declared bankrupt any law in force in Nigeria or any
other country; or
(g)
Being a person employed in Civil or Public
service of the Federation or any state, he has not resigned, withdrawn or
retired from the employment at least thirty days before the date of election;
or
(h)
He is a member of secret society; or
(i)
He has been indicted for embezzlement or
fraud by a Judicial Commission of inquiry or an Administrative panel of inquiry
or a Tribunals of inquiry Law or any other law by the Federal or state government which indictment has been accepted by federal
or state government; or
(j)
He has presented a forged certificate to
independent National Electoral Commission (INEC).
Now, subject to above section we are pondering much on sub-section 1c which point out the
reasons why a Lunatic should not participate in Political position. Now let us
dive into dictionary definition of these terms to get proper understanding of
the distinct.
The dictionary definition of the following words will prove a
difference to understanding of terms:
DISABILITY: (1) “A
physical or mental condition that limit a person’s Movements, senses or activities
(2) A
disadvantage or handicapped especially one imposed or recognized by law”
This is why a Disabled
person needs support to function. Though limitation is not only physical but
extends to mental ailment which means that it is still an embodiment of being
sick as regards imbeciles or lunatics. So, disability still comprises a sound
and unsound mind.
HABITS: (1) “A
settled or regular tendency or practice, especially
One
that is hard to give up
(2) A long,
loose garment worn by a member of a religious order”
(3) A person’s health or constitution
SICKNESS: (1) The
state of being ill
(2) The
feeling or fact of being affected with nausea or vomiting
(3) Unhealthy
condition of body or mind: the state of being sick
(4) Physical
or mentally ill; not well or healthy.
This is why a lunatic is a
sick person as well as an Imbecile.
LUNATIC: NOUN
(1) “A person who is mentally ill
(not in technical use)
ADJECTIVE (1) Mentally
ill (Not in technical use)
(2) No
longer in technical use; now considered offensive example
is
an insane person. A person who is affected by Lunacy; a
Mentally deranged person
(3) A
very foolish person. Adjective: Affected by Lunacy
IMBECILE: (1) A
stupid person
(2) Stupid,
Idiot
This is why an imbecile is
classified as a lunatic.
(3) A
person who is considered foolish or stupid
(4) A
person with moderate to severe intellectual disability having mental disorder
With the above explanation
we can conclude the distinction amongst Habits, Disability and Sickness as
regard section of Nigerian Constitution.
Written By:
ONYIA EMEKA HARFORD
+2348186388641
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