Tag: convictions

  • Just convictions

    •That you legally carry arms does not give you the right to turn fellow citizens to cannon fodders

    Trigger-happy policemen now have to think twice before shooting, going by the way the courts are convicting those among their ranks, arrested and prosecuted for extra-judicial killings. A most recent example is that of Sergeant Vincent Manu, sentenced to death by a high court in Lafia, Niger State, for unlawfully killing a businessman, Stephen Anakwe, in Karu Local Government, after labelling him an armed robber. Manu had been arraigned alongside five other police officers on a count charge of criminal conspiracy to kill the businessman while on patrol duty. The others included Inspector Danladi Lenkem, Inspector Edula Ateku (who died in prison custody during the trial), Corporal Samson Magga, Corporal Musa Audu and Christopher Maikasuwa.

    Justice James Abundega who tried the case said the prosecution had proved its case beyond reasonable doubt that Sergeant Manu who shot the victim was guilty of murder. He rejected the defendant’s plea of self-defence. He however discharged and acquitted the other accused persons.

    “In the circumstances, the court finds the defendant guilty of the charge of causing the death of late Stephen Anakwe on the 13th of January 2012, he is accordingly convicted,” Justice Abundega said. He added: “It needs be said that the defendant came to his present circumstances on the account of apparent abuse of power and unbridled show of might”.

    Before now, some other police officers had been convicted for extra-judicial killings. For example, an FCT High Court convicted and sentenced two out of five policemen accused in the extra-judicial killings of six Apo traders in 2005 to death in March, last year. The accused, Ezekiel Acheneche and Emmanuel Baba, were convicted of homicide punishable by death under section 22 (1a) of the penal code while others were discharged. Justice Ishaq Bello, while delivering judgment, held that the action of the convicted men was condemnable because there was no evidence that the traders did anything to constitute a threat to police at the time they were shot dead.

    And, in September, last year, a Rivers State High Court sitting in Port Harcourt found a five-man patrol team of the Special Anti-Robbery Squad (SARS) guilty of extra-judicial killing of two friends, Michael Akor and Michael Igwe, in Oyigbo Local Government Area of the state. The court also awarded N50 million compensation to the families of the deceased.

    Nigerians are daily regaled with stories of policemen and other security personnel turning their gums at defenceless citizens at the slightest provocation. As a matter of fact, life has no meaning to some of the security personnel who boast openly that they will just ‘waste’ the lives of people who refuse to cooperate with them, sometimes on clearly illegal orders. Many bus conductors and drivers who refused to give bribe to policemen at check points had been killed. Extra-judicial killings are even recorded at police cells or when policemen are obtaining confessional statements from suspects. It is also a statement of fact that many innocent Nigerians had been silenced through what the police and other security personnel call ‘accidental discharge’.

    It is sad, as Justice Abundega observed, that policemen who are supposed to protect defenceless citizens and apprehend criminals end up killing the same people they are paid and armed to protect. These convictions may not resurrect the dead; they should at least serve as deterrence to other police and security officers who love pulling the trigger without any just cause.

    We need more of such convictions to end this kind of impunity. Policemen and other security operatives must be made to understand that the arms they bear can only be used responsibly.

  • EFCC and its 117 convictions

    SIR: In a country where corruption is seen as the norms, a tradition and way of life, no meaningful development can be achieved. Corruption seems to have pervaded every sector of Nigeria system. The Economic and Financial Crimes Commission, EFCC despite all odds, gives hope to Nigerians in its fight against the malaise especially with its recent record of 117 convictions in 2013.

    Despite the numerous challenges faced by the commission in prosecuting cases, the rise in the number of convictions shows that obstacles are surmountable. Of the 533 cases filed within the year, it is worthy of note that the commission was able to secure 117 convictions. This to me is commendable effort.

    However, it is hoped that the commission will not rest on its oars in 2014. It is also expected that they will bite harder by securing more convictions especially of public officials who have looted the country’s commonwealth while holding our nation hostage through corruption. They enjoy their loot from the public’s treasury with their families and generations yet unborn. An instance is that of the son of a governor who was prosecuted by the commission and convicted for money laundering.

    Sadly too, these so called public officials who guzzle the nation’s fund take advantage of some constitutional loopholes to frustrate trials in court. They do not only frustrate trials, they also try all within their power to cripple the anti-graft agencies in an attempt to make them toothless bulldog and a puppet in the hands of the elite class.

    If the truth must be told, the fight against corruption in this country must not be left in the hands of the anti-graft agencies alone. It should be a collective fight. Our laws need to be strengthened in a way that corrupt people will be made to face stiffer penalties. The EFCC Act needs to be amended to make the commission truly independent. The judiciary needs to step up efforts towards ensuring quick dispensation of justice. Above all, against the backdrop of the public saying that EFCC is grossly under-funded, the anti-graft agency should be adequately funded for it to be able to fight corruption to a standstill.

    • Ngozi Alexander

    Maraba, Nassarawa State

  • Why NAFDAC has secured only nine convictions in four years, by DG

    Why NAFDAC has secured only nine convictions in four years, by DG

    Judicial bottlenecks, absence of control over police officers attached to the National Agency for Food and Drug Administration and Control (NAFDAC), among others, are among the reasons behind the limited number of convictions the agency has secured in the past four years.

    NAFDAC’s Director-General, Dr. Paul Orhii, spoke on the agency’s challenges at the annual National Association of Judicial Correspondents (NAJUC) workshop in Lagos.

    He said the agency secured nine convictions from 2009 till date.

    The workshop, which was chaired by Chief Felix Fagbohungbe (SAN), had the theme: Government Agencies and Enabling Laws: Review and Overview.

    Also at the event were Director of Legal Services, National Drug Law Enforcement Agency (NDLEA), Femi Oloruntoba.

    Participants at the workshop, who felt dissatisfied by the statistics, noted that the number of convictions was a far cry from the arrests the agency made within the period.

    But Orhii, who was represented by the agency’s Director of Legal Services, Kingsley Ejiofor, noted that NAFDAC was constrained by judicial and prosecutorial bottlenecks.

    He said cases take six to seven years before they are concluded.

    Orhii said: “Also, NAFDAC does not have control over the police officers (investigators) assigned to it. They can been transferred or withdrawn at anytime and that also cause a problem for us because calling them back from their new duty posts to come and continue their cases is always a problem.

    “Another problem we have is the cost of investigation. Some cases require our staff to travel abroad for a period of time, which we may not be able to fund.

    “So, those are some of the reasons why we have not secured as much convictions. If we have police officers permanently deployed to us, we will have control over them.”

    To Fagbohungbe, most government agency laws are outdated, just as he called on the various ministries of justice to come up with laws that meet current challenges.

    He said: “Government agency laws can no longer meet present day challenges. Most agencies are unable to effectively discharge their duties as a result of the backwardness of the laws. Some of these agencies still prosecute cases with lawsof the 1960s, which do not conform with present day realities.”

  • ICPC secures 60 convictions in 10 years

    ICPC secures 60 convictions in 10 years

    The Independent Corrupt Practices and other related offences Commission (ICPC) has secured 60 convictions under the ICPC Act since inception 10 years ago.

    The commission’s Chairman, Mr Ekpo Nta, said yesterday at an anti-corruption town hall meeting in Awka that over 1,000 suspects were also being tried in various courts.

    Nta, who was represented by the Head of Public Enlightenment Department, ICPC, Mr Mike Sowe, said: “It is on record that over 60 people have been sent to jail under the ICPC Act and we have more than 1,000 cases in various courts spread across the country,” he said.

    He said the commission was currently invoking the provision of seizure and forfeiture of property and chattels of suspects under investigation as contained in the ICPC enabling law.

    “In addition to being prosecuted, corrupt officials will have their illegally acquired property seized and forfeited to the state, “Nta said.

    As part of innovations and preventive strategies, he said the commission was re-engineering its National Anti-Corruption Volunteer Corps (NAVC) to make it more efficient and complementary to its overall objectives.

    According to him, a brand new NAVC that is focused, upright and which subscribes strictly to the principle of the rule of law is to be inaugurated soon.

     

     

     

    Nta said the commission was working in collaboration with the National Universities Commission (NUC) to enforce a positive change and address the problems in the university system.

    He identified some of the challenges facing the commission as paucity of funds and slow pace of the judicial process.

    “We are supposed to have offices in the 36 states of the country, but after 10 years, the agency can only boast of 14 offices in the states. This is largely due to paucity of funds.

    “In addition, there is the slow pace of judicial process involving cases. Due to delay, people think we are not doing much on the cases.

    “When we take a case to court, it is no longer in our hands. We need all the stakeholders work together to ensure quick dispensation of cases in courts.

    “Before corruption is successfully fought in this country, all the citizens have to get well involved. People have to take the anti-corruption fight as a personal course. Living it to the anti-corruption agency alone will not solve the problem,” Nta said.

    The town hall meeting, he said was designed to involve people at the local government level in the fight against corruption.

    Nta stressed that it would also afford participants opportunity to express their opinions and make meaningful contributions towards checking corruption in the country.