BENUE STATE, THE BAN OF OGOGORO?

Russia and majority of Eastern Europe is known for their vodka? Scotland is known for their whisky? France is known for their cognac-brandy and bubbly drinks including champagne? California is known for their wines? England is known for their gin? Jamaica is known for their rum? Now therefore, could any government officials of Benue State, Nigeria tell Icheoku what is wrong with Nigeria being known for Benue State's local gin, OGOGORO?

Icheoku says, instead of the prohibition on ogogoro, the government of Benue State should regulate their production, distribution and consumption; and tax the activities as may be deemed appropriate for revenue for the state. Also they can start an out-reach program to educate the locals on the dangers of over-consumption or advise them to dilute the 'pure' alcohol with water before quaffinf them down? There is nothing wrong with any alcoholic beaverage including ogogoro, provided it is consumed as expected; and its prevalence does not in any way result to social disharmony! As was proved in America during the days of prohibition, whenever government seeks or attempts to legislate out such activity, they usually succeed only in driving it underground, thereby creating a source of untold wealth, for men with heart who will then embark on the underworld trade in the product; and like the mafia, will then become ruthlessly wealthy from such racketeering? The solution therefore is to let the sleeeping dog lie, at most regulate and tax it.

According to reports coming out of Benue State, Ogogoro activists in the state have gone to court to challenge the "Local/Illicit Gin (Ogogoro) Prohibition Law 2009" which purports to make illegal, the production, distribution, transportation, possession and consumption of the clear-liquid, the vodka of Nigeria, Ogogoro! Icheoku condemns this thoughtless government's excessive intrusiveness into a purely private affair/sector of the people of Benue state; which activity has been with the people as long as memory could recall, preceeding the state's creation and will sure outlive these present government trying to outlaw it? It is our position that the state should have encouraged rather its present acts of chastisement and indignation of an activity which means a lot for the people. But whether Governor Suswan has signed the legislation into law and what pushed his hands is not yet within our knowledge?

Why disturb this small scale industry which employs quite a handful of Benue State people and saves them so much money as well as foreign exchange which would have ordinarily been spent on imported foreign counterparts? What happened to Nigeria made goods, including drinks and Ogogoro? Did this confused government officials in Benue state think through their action, regarding employment opportunities, and the attendant consequences of the current prohitbition, including the millions engaged in production, distribution, transportation, sales and consumption of the clear-liquid? Where would they now go; and do what? Ogogoro, also known as ethanol, dry gin, moonshine, homebrew, akpeteshe, Sapele water, jembele, Kparaga, kai-kai, push-me-I-push-you, crim-kena, kin-n-kana, Sonsé should just be left alone and not be prohibited. It is highly beneficial for its extensive use and could be another source of revenue generation for the state! With 60% alcohol content, who says this Nigerian homebrew could not be made an export-market product to help generate needed foreign exchange? Also what about the spirits of the land that drink only ogogoro during offerings and brides, whom it is used for their wedding/marriage libation? What will happen to these group of disproportionatly affected people now that ogogoro is prohibited? It is simply not a good law and should be reversed or not signed into law by the governor, if not yet signed! There is no palliative remedy which this law seeks to urgently achieve.

If some people over-dosed on the alcohol and died as a result, so what; after-all it is not the first thing to have ever killed people? People die in airplane accidents yet planes are being manufactured and still flown in? Guns kill people yet gun-manufacturers have not ceased doing business? Food poisoning also kills, so why the fuss about ogogoro killing four alcholics? What needed to be done is to regulate its production to ensure compliance with quality controlled chemical compositions; and dilute and water it down to a tolerable and acceptable percentage may be to about 40%. Just treat it like any other alcoholic beverages from anywhere in the world and there will be peace in the land of ogogoro. That four people died as a result of alcohol poisoning is not enough reason for the wholesale ban of the product; people die everyday and even from motor accidents and yet motor manufacturers are still doing business. To ban ogogoro in this way is not the solution to avoid future poisoning, as it is akin to throwing the baby away with the bath water. It is too broad and so over-reaching; since because of just four deaths, several millions of other ogogoro-loving peoples' happiness is now being mortgaged. The law is just another colonial mentality legislation, which brands everything Nigerian inferior while anything foreign is superior? What is the difference between ogogoro, gin or vodka; but in labelling and their country of origin? Even the process of fermentation and distillation are practically the same; especially with America's moonshine? Pour three of them in a glass cup and you wont know the difference?

But to win the present case, the plaintiffs need to prove more than just 'challenging the powers of the House of Assembly to pass such an unfriendly law?' They will not succeed on this ground since the legislature reserve the right to pass any law which they may deem fit as geared towards maintainingg law and order; and which may generate revenue for the state? The grounds for the action would have been undue economic hardship which would adversely affect their means of livelihood. They could also raise the issue of deprivation of revenue to the state in form of taxes which hey pay on income from their engagement in the ogogoro business? That there is no over-riding public interest for the law; or social disorder the new law is meant to curb or protect against? Further they could generally plead 'unconstitutional and over-reaching as it violated their right to life as it jeopardises their means of livelihood since a hungry man is guarranteed to die of hunger; and such other fanciful forensic grounds as may weigh favorably on their side and persuade the trial judge to see with them.

They can also specifically plead that they are being specifically targeted due to different political viewpoints which they hold against the PDP government of the state? Better still, a political dimension wherein they pursue the matter through the electorates and constituencies might be a better approach? But as far as we know, "the Benue State House of Assembly has the legislative power and competence under the constitution of the Federal Republic of Nigeria to make the law banning the brewing, consumption and trading in Ogogoro or any other alcoholic or intoxicating drink." So, these ogogoro dealers must find another convincing evidence to persuade the court to do their bidding. Admitted that if the new law conflicts with an existing federal legislative list already covered by the National Agency for Food and Drug Administration and Control (NAFDAC) Act 2004, and other relevant laws regulating alcoholic drinks; then maybe, they may have very good ground to canvass untra-vires; provided of course there is no lacunae in the federal law that accommodated the states action?

That ogogoro is cheap, inexpensive and readily available may be a strong point weighing against the drink in the eyes of the Nigerian oppressors, Benue State chapter; who derive joy in seeing the common man suffer and languish in pains? Also may be some foreign alcoholic beaverages manufacturers, smugglers and importers lobbied the legisalture for the ban in order to take over the market, being vacated by the ogogoro dealers? If anything calls for civil disobedience, Icheoku says, this prohibition sure looks like one and the people of Benue State must not allow their government to unduly restrict their use of the only thing that still makes them happy in these days of so much want in motherland. Statistics shows that ogogoro has not killed any more people than any other drinks taken in excess; or even the hardship or road accidents in Nigeria; so why single that out for prohibition? Further, ogogoro has other beneficial use being an anti-cholesterol agent, used in washing pig meat (pork) to reduce the cholesterol level and to prevent arteriosclerosis. It is also used in washing snail and dog meat to remove their slim; Ogogoro is a choice-drink for both the old and the young people of Benue State and a 'good source of energy' to farmers who use it as energy-booster during their farming season? Icheoku says, ogogoro being an 'energy-drink' is somewhat debatable; but hey, we have "Redbull", "Monster-drink", etc; so why not?

According to one commentator, "once the liquor is banned in Benue State, then the sale and consumption will go underground!" Icheoku collaborates this with reference to the moonshine nightmare in the United States of America's Appalachian belt? The good old redneck hillbillies just went further away from civilization, into the caves, taking their moonshine distillery with them? The solution is just regulate the activities, with chemists appointed as inspectors to ensure compliance to quality control and alcohol content of the brew? Organize the indusrty, the state can build cottage industries to harmonize the process of ogogoro distilling with a view to branding it formally, as a sort of gin for both export and local market? Call it "Naija Gin" or "Nigeria Dry Gin" or even "Tiv Gin" if you like; but let Ogogoro be! Leave the 'energy-drink and poor man's viagra' alone!