Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Advocacy for Alleged Witches has issued a direct and uncompromising rejection of a proposed bye-law by the Tai Local Government Area of Rivers State that seeks to prohibit the invocation of what it describes as “harmful juju,” warning that the legislation is unconstitutional, legally defective, and capable of triggering widespread witch-hunts across the council area. In a position paper on the proposed “Bye-Law for the Prohibition of the Invocation of Harmful Juju and other matters related thereto in the Tai Local Government Area, 2026,” made available to SaharaReporters on Thursday, September 10, 2026, the group argued that the legislation could violate constitutionally guaranteed rights to freedom of religion, conscience, and movement. The organisation challenged both the substance of the proposal and the council’s authority to enact it, describing the draft measure as “legally dead on arrival.”
The proposed bye-law, which was drafted by the Tai Local Government Legislative Council, seeks to prohibit the use of charms, juju, or claimed spiritual powers to harm, threaten, kill, compel, or improperly influence another person. It also proposes to criminalise the accusation of another person as a witch and outlines penalties that include banishment from the community. Section 9 of the draft bill would authorise traditional rulers, youth councils, community task forces, and even local residents to arrest persons suspected of invoking, or intending to invoke, juju. The bill’s stated objectives include protecting human rights, domesticating the Criminal Code, and reducing reliance on superstition in daily and public life. But the Advocacy for Alleged Witches argues that the legislation would achieve the opposite of its stated aims, creating a legal framework that legitimises suspicion, empowers vigilante action, and exposes vulnerable residents to arbitrary arrest, intimidation, and violence.
At the heart of the group’s objection is a fundamental legal problem: the bye-law seeks to criminalise acts that cannot be proved in court. “To criminalise an ‘act’ that is incapable of proof seems to be a supremely idle undertaking by any kind of legislature under our Constitutional and legal regime,” the group said. The Advocacy for Alleged Witches noted that the courts have already taken judicial notice that claimed spiritual entities or powers are not material that are intelligible or cognizable in a court of law. While psychological distress can be demonstrated, proving that another person caused such distress through juju presents an evidential hurdle so high that the possibility of successful prosecution is nil or at best doubtful. The group argued that prosecutions under the bye-law would inevitably be based on suspicion, religious belief, or unverified accusations rather than on evidence that meets the standards of Nigerian jurisprudence.
The group also challenged the legislative competence of the Tai Local Government Legislative Council to enact the bye-law in the first place. It pointed to Chapter 20 of the Criminal Code applicable in Rivers State, which already addresses issues involving juju, charms, supernatural claims, and witchcraft. Under the constitutional principle of “covering the field,” the group argued that the local government could not enact another law governing the same subjects. “The objective to domesticate the Criminal Code is not legally plausible, in view of the legislative competence of a Local Government Legislative Council under our Constitution,” the group stated. It described the proposed legislation as an unlawful duplication of existing criminal law and submitted that it was ultra vires the council.
The group reserved some of its strongest criticism for the proposed penalties, particularly the provision allowing for the banishment of offenders from their communities. It argued that such a punishment would violate Nigerians’ constitutionally protected right to freedom of movement and residence. “The Constitution guarantees a freedom of movement and liberty to reside anywhere to all persons in this Federal Republic,” the group said, adding that the penalty of banishment was a significant example of how ill-thought-out the bye-law was. The organisation also opposed the provision criminalising the accusation of another person as a witch, noting that although it supports efforts to prevent witchcraft accusations, equivalent offences were already covered by existing criminal legislation. It said the local government lacked the constitutional competence to re-enact or duplicate provisions already contained in the Criminal Code.
The most alarming provision, according to the Advocacy for Alleged Witches, is Section 9, which would empower traditional rulers, youth councils, community task forces, and residents to arrest persons suspected of invoking juju. The group described this provision as a blatant attempt to empower a large-scale violation of constitutionally guaranteed rights to freedom of religion and conscience and a brazen attempt to traumatise an already ignorant and fearful population. It warned that giving such powers to a broad range of community actors could expose traditional religion practitioners and other vulnerable residents to arbitrary arrest, intimidation, and violence, particularly in communities where accusations of supernatural wrongdoing already generate fear and suspicion. The organisation said the provision could legitimise public suspicion and create conditions for wider witch-hunts.
The Advocacy for Alleged Witches urged the Tai Local Government Council to abandon the proposed bye-law and instead pursue the goal of reducing reliance on superstition through education, public engagement, and consultation with traditional institutions. It argued that the more plausible objective of reducing superstition in daily and public life is not a goal that mere legislation can achieve. The group said the aim should be undertaken by education and advocacy, not by multiplying laws or micro-rewriting codes. It called on the council to consult traditional institutions and undertake public education about superstition, harmful accusations, and the rights of residents. The group’s intervention is the latest in a long campaign against witchcraft accusations and ritual-related violence in Nigeria, where allegations of supernatural wrongdoing continue to lead to mob justice, murder, and the displacement of vulnerable individuals. For now, the Tai LGA bye-law remains a proposal, not a law. But if the council proceeds with it, the Advocacy for Alleged Witches has made it clear that it will oppose it with every legal and advocacy tool at its disposal. The group’s message to the council is simple: you cannot legislate superstition out of existence, and you cannot criminalise what you cannot prove.
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