Introduction
Often, there have been several occasions when humans have shown a level of mistreatment and cruelty towards animals. It is common in Nigerian society for individuals to domesticate certain animals; however, in many instances, these animals have been subjected to abuse and cruelty.
Just like humans, animals are also meant to be accorded a certain degree of care and also it doesn’t qualify as a moral wrong to demonstrate love by treating animals fairly and not in an unjust and inhumane manner.
To the famous animal rights activist Carl Safina, in his book Beyond Words: How Animals Think and Feel, the author argues that animals, just like humans, are not lacking in certain human traits such as emotions, thought processes, and social connections by bonding with fellow animals. This is mostly evident in their behaviors towards other animals and humans.
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Our present-day society cares little about the emotions and feelings of animals. It has become normal in our clime and elsewhere around the world for people to treat animals unfairly and cruelly through acts such as kicking a dog, pouring water on goats and birds, hitting animals with sticks, and subjecting them to various forms of torture. It is not uncommon to see animals flung into the trunks of cars. Some highway commuters do not even find it appalling to neglect animals that they have struck while driving.
There have been repeated scenarios in which motorcyclists, or ‘Okada’ riders as they are known in Nigeria, run their motorcycles over dogs and goats, causing severe injuries and, in some cases, killing them on the spot before running away (more like an animal hit-and-run). Recently, another form of animal cruelty has emerged in Nigerian society: a practice in which people capture rats and insert their tails into electric sockets, electrocuting and killing them in the process.”
In February 2022, an Ex-Chelsea footballer, Kurt Zuoma, who plays for a London Club, West Ham, United, was seen in a viral video kicking his cat.
The footballer action generated a lot of tension, and attracted so many netizens as it sparked reactions on various social media platforms.
He was even described by former striker of Rangers Football Club, and also Scottish Striker Ally McCoist, “as a sickening, pathetic, bullying, embarrassing and the most horrendous of crimes which tarnished the image and reputation of professional football players.
To the famous wrestler and WWE Superstar, Drew McIntrye, he viewed the action of Zouma as distressing and truly disgusting.
“As a consequence of his actions and horrendous acts, Kurt Zouma faced several punishments, including suspension by his club, West Ham United, and a fine of £250,000.
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) seized his cat. The seizure of his cat within Nigerian jurisprudence is supported by Section 497 of the Criminal Code, which authorizes courts to seize animals treated cruelly and unfairly.
This section provides that if the owner of any animal is found guilty of cruelty, the court may, in addition to any other punishment, deprive the person of ownership of the animal and make orders regarding its disposal.
However, no order shall be made under this section unless evidence is shown regarding a previous conviction or the character of the owner, indicating that the animal is likely to be exposed to further cruelty if left with the owner. Additionally, Kurt Zouma’s deals with famous brands such as Adidas and Veritas were also terminated.”
In this paper I wish to bring to limelight the position of the Nigerian Law, and Legal machinery which regulates and provides for certain permissible conducts and prohibits certains acts as it pertains to animals cruelty,
WHAT IS ANIMAL CRUELTY
Animal cruelty or animal abuse, is any suffering or harm inflicted by humans on animals either by omission or by commission. In a more stricter sense, animal cruelty is the causing of harm or suffering for specific achievements, such as killing of animals for entertainment, it also includes infliction of harm or suffering as an end in itself.
ANIMAL CRUELTY AND ZOOSADISM
Zoosadism is also a form of animal cruelty in which sexual pleasure is usually derived from cruelty to animals. It is also a form of paraphilia whereby its casualties are sexually aroused by torturing animals.
Paraphilic behavior is part of the McDonald Triad, a set of three behaviors considered precursors to psychopathic behavior. For the purpose of limiting myself within the scope of our discussion, I would prefer not to delve into the McDonald Triad, which can also be referred to as sociopathy.
In a survey done by the Federal Bureau Of Intelligence Of the United States Of America (FBI) it was discovered that cruelty to animals through zoosadism is one of the most prevalent Traits that regularly appears in its computer records of serial Rapists and murderers.
All over history, animal cruelty have been a subject that has attracted wide concern and sparked reactions. Some notable individuals to have ever existed such as Leonardo Da Vinci, once purchased caged birds with the intentions to set them free as he felt that by keeping them caged qualifies as cruelty to animals. Also, in his jottings, Da Vinci, also recorded his displeasure with humans for using their dominance to raise animals for slaughtering.
In the viewpoint of the contemporary philosopher Nigel Warburton , he believed that for a greater part of human history, the dominant view has been that animals are meant to be used by humans to do with as humans may deem fit. I elect to disagree with the philosopher, as from my own perspective, I feel his thoughts and writings on the subject matter helps to promote and encourage animal cruelty.
In the English case of Allen v. Municipality of Anchorage 168 P.3d 890 (Alaska App., 2007) Krystal R. Allen pleaded no contest to two counts of cruelty to animals after animal control officers came to her home and found 180 to 200 cats, 3 dogs, 13 birds, and 3 chickens in deplorable conditions.
She was sentenced to a 30-day jail term and was placed on probation for 10 years. One of the conditions of Allen’s probation prohibited her from possessing any animals other than her son’s dog.
In first deciding that its jurisdictional reach extends to claims not just based on the term of imprisonment, the court concluded that the district court did not abuse its discretion by restricting Allen’s possession of animals during the term of her probation.
Some religious institutions such as Buddhism, Hinduism, Jainism and even some parts of Judaism all promote animal welfare and seeks to encourage it at all material time as they encourage vegetarianism or veganism.
It is a well known fact that most orthodox Jews do not wear leather, thereby not wanting to engage in the patronage of animal products, mostly as they don’t wear leather products.
Biologically, the scientist Charles Darwin, in his theory of the evolution of man, believed that not only did human beings have a direct kinship with other animals, but he believed animals had social, mental, and moral lives too. In his book, Descent of Man, Darwin, wrote that “there is no fundamental difference between man and the higher mammals in their mental faculties.
The modern day philosopher and intellectuals such as; Peter Singer and Tom Reagan, have in various works argued that ” animals ability to feel pains as humans, do makes their well-being worthy of equal consideration.
A case study on cruelty to animals was evidenced in the South Korean film, The Isle. (2000) as revealed by its director, Kim Ki-Duk, in which a real frog was skinned alive, while fishes were seen to be mutilated.
In 2023, a global monkey torture ring was uncovered by the BBC in June of 2023, whereby participants usually produced and distributed videos of monkeys being hurt and killed.
Also, a Canadian murderer,Luka Magnotta, once uploaded YouTube videos of himself torturing and killing Cats. In 2020 Leighton Labute, a Canadian man was arrested for torturing and killing three hamsters, and also uploading the videos to social media. Recently a video of a Cuba man Ruben Marerro Pernas, sparked reactions on the Internet as the man was seen raping, torturing and killing dogs, and even recording the acts online for an audience.
Also, in Soria, Medinaceli, Spain, there have been reports of a festival by Name “Toro Jabilo” or “Toro embolado” which is associated with animal cruelty, it is a festival in which balls of pitch are attached to a Bull’s horns and set on fire. The Bull is usually released into the street running around in pains, often smashing onto walls in an attempt to douse the fire as spectators attempt to dodge the animal. The pitch balls usually burn for hours and during the process, the Bull’s horn, body and eyes are totally burnt and consumed by the fire.
NIGERIAN LEGISLATIONS AND ANIMAL CRUELTY.
The purport of the Law or a rule is to regulate and prohibit certain inimical conducts in the society. It is intended to ensure individuals in any society act in accordance with the dictates of the law and not the contrary. The Nigerian Criminal Code, Cap C38 , Laws Of The Federation, expressly in clear terms unequivocally, prohibits all form of cruelty to animals, as it is succinctly provided in S. 495 (1) a-f & (2), that,
(1) Any person who:
((a) cruelly beats, kicks, ill‐treats, over‐rides, over ‐dri ves, over‐loads, tortures, infuriates, or terrifies any animal, or causes or procures, or being the owner, permits any animal to be so used;or
(b) by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, causes any unnecessary suffering, or being the owner, permits any unnecessary suffering to be caused to any animal; or
(c) conveys or carries, or being the owner, permits to be conveyed or carried any animal in such manner or position as to cause such animal unnecessary suffering; or
(d) wilfully without any reasonable cause or excuse administers, or causes or procures, or, being the owner, permits such administration of, any poisonous or injurious drug or substances to any animal, or wilfully without any reasonable cause or excuse causes any such substance to be taken by any animal; or
(e) subjects, or causes or procures, or, being the owner, permits, to be subjected, any animal to any operation which is performed without due care and humanity; or
(f) causes, or procures, or assists at the fighting or baiting of any animal, or keeps, uses, manages,or acts or assists in the management of any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any place to be so kept, managed or used, or receives or causes or procures any person to receive money for the admission of any person to such premises or place, is guilty of an offence of cruelty and is liable to imprisonment for six months or to a fine of fifty naira or to both such imprisonment and fine.
(2) For the purposes of this section, an owner shall be deemed to have committed cruelty within the meaning of this Chapter if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom: Provided that, when an owner is convicted of permitting cruelty within the meaning of this Chapter by reason only of his having failed to exercise such care and supervision, he is not liable to imprisonment without the option of a fine.
The purport of the Legislation as evidently seen above is to protect the animal, and to prohibit any form of animal cruelty , abuse, negligence and also animal maltreatment. Section 495 (1) provides specifically in paragraph. ( F) of the abovementioned section for a jail term of 6 months, or to a fine of fifty naira, or even to both imprisonment and fine, if such a person is found guilty to have indulged in acts constituting animal cruelty through commission and omission.
CAN A PERSON KILL HIS/HER ANIMAL FOR CONSUMPTION AS MEAT.
Just as we do not torture other humans, and as the law disapproves of torturing them, we are also expected not to inflict any form of torture on animals. It is believed that killing animals for human consumption inflicts significant suffering in exchange for fleeting gastronomic pleasure. This has led to a series of questions about the morality of killing and eating animals. Some of these questions include:
Do Animals Have Right To Live, and not made to suffer?( ii.) Should people stop eating animal meat??
To the above questions it is often suggested especially by Animal Rights Activist, that we should minimize animal suffering and promote the well being of all living beings (Animals inclusive) They have also suggested that to eliminate animals consciousness of sufferings, people are expected to carryout anaesthetization of animals before slaughter. Animals are also expected to be treated with respect as they also also possess certain intrinsic rights.
The Law through the Criminal Code have provided some salient legislations regulating or related to the consumption of animals for meat by humans. The Criminal Code provides in S. 495 (3) that Nothing in this Chapter shall apply‐
(a) to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering; or
(b) to the coursing or hunting of any captive animal, unless such animal is liberated in an injured, mutilated or exhausted condition; but a captive animal shall not, for the purpose of this section, be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.
In line with the provisions of the law and the arguments of notable biologists such as Peter Singer, animals can be consumed for meat, but they should not be subjected to unnecessary suffering. It is also important to be aware that Nigerian law frowns upon animal cruelty, which includes acts such as causing rams to fight, inserting rat tails into sockets, kicking animals, and pulling feathers from birds. If found guilty of any of the abovementioned acts, the law does not hesitate to subject the offender to trial. After apprehension by the relevant security agency, the individual faces a jail term of six years and/or a fine of 50 naira. My humble appeal is for humans to respect the innate rights of animals and to refrain from using our prerogative to inflict unnecessary torture on them.
Conclusion
As evident above, Nigeria has witnessed a series of attempts by legislative bodies to strengthen animal protection laws and possibly reduce the rate of animal cruelty in the country, such as the Animal Welfare Bill, which is said to be under consideration in the National Assembly. This bill seeks to improve and strengthen the legal framework for the protection of animals in Nigeria.
If passed and assented to by the President, the bill would introduce stricter penalties for animal cruelty, regulate the treatment of animals in captivity, and establish guidelines for the humane treatment of animals used for research purposes and agriculture.
I suggest that NGOs and relevant institutions in Nigeria, such as The Forestry & Wildlife Conservation Agency, should engage in advocacy and lectures to educate the Nigerian populace on the importance of shunning animal cruelty and promoting animal welfare.”