The kidnap of the immediate past Nigerian Bar Association (NBA) President, Mr. Okey Wali (SAN), has, again, drawn the nation’s attention to a major failure of government in its responsibility of protecting the citizenry. It is now a case of ‘who’s next?’ What is the way out? Eric Ikhilae sought lawyers’ views.
Kidnapping for ransom used to be a distant occurrence in the past until the Niger Delta militants deployed it as an instrument of struggle.
Today, individuals are routinely kidnapped and their families compelled to part with huge sums of money before they are released. In some cases, the victims are not returned alive, even where ransoms are paid.
Incidentally, lawyers, who defend suspected kidnappers and abductors in court, are themselves not immune to this criminal act, fuelled primarily by the prevailing culture of heightening impunity and criminality in the land.
The recent abduction of the immediate past President of the Nigerian Bar Association (NBA), Mr. Okey Wali (SAN), in Port Harcourt, Rivers State, has brought to five the number of prominent lawyers so far kidnapped.
The past cases involved Mrs. Doyin Rhodes-Vivour (wife of Justice Bode Rhodes-Vivour of the Supreme Court) and her daughter (who were kidnapped on the Benin-Ore Road); rights activist Mike Ozekhome (SAN), kidnapped on the Benin-Auchi Road, in Edo State and Kayode Ajulo (who was abducted in Abuja). There was also the case of Ilochi Okafor (SAN).
Unfortunately, the police and other security agencies appear helpless in the face of this major challenge to citizens’ liberty and national security, despite that some states and the Federal Government have made kidnapping a capital offence, particularly where life is lost. Imo, Abia, Anambra, Enugu, Edo, Ebonyi and Rivers states have enacted laws prescribing the death penalty for kidnapping.
How deterrent is the law?
On October 18, 2013, Governor Adams Oshiomhole of Edo State signed a law that amended the previous Kidnapping Provision Law 2009. Among its many provisions, the law states that: “Any premises where victims of kidnapping were held would be demolished.”
The new enactments are in addition to existing provisions in the Terrorism Prevention Act, the Criminal Code and Penal Code.
Section 364 of the Criminal Code provides that: Any person who unlawfully imprisons any person, and takes him out of Nigeria, without his consent; or unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to a court for his release or from disclosing to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned; is guilty of a felony, and is liable to imprisonment for ten years.
Section 271 of the Penal Code provides that: Whoever takes or entices any person, under 14 years of age (if a male) or under 16 years of age (if a female), or any person of unsound mind out of the keeping of the lawful guardian of such person without the consent of such guardian or conveys any such person beyond the limits of Northern Nigeria without the consent of someone legally authorised to consent to such removal, is said to kidnap such person.”
It equally provides in Section 273 that: Whoever kidnaps or abducts any person shall be punished with imprisonment for a term which extend to ten years and shall also be liable to fine.”
The law also provides in Section 274 that: Whoever kidnaps or abducts any person in order that such person may be killed or may be so disposed of as to be put in danger of being killed, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.”
Why kidnapping is on the rise
Despite the legislations and measures purportedly put in place by relevant security agencies, the rate of kidnapping appears to be on the increase in the country, with kidnappers going about their trade with ease.
In most cases of kidnaping, the culprits are hardly apprehended, prosecuted and convicted in accordance with the law. The only known pending trial of individuals linked with major kidnap cases is that involving Kelvin Onorah Eziegbe, Frank Auekor and Michael Omonigho. They are accused of masterminding the kidnap of Ozekhome and some other prominent Nigerians, and are being tried on a 14-count charge before Justice Adeniyi Ademola of the Federal High Court, Abuja.
The preponderance of opinions is to the effect that the blame is attributable to three major sources. First, is the overwhelming failure of government at all levels to preserve core societal values of integrity and respect for law and order, and preserve the people’s goals and interests. Second, is the creation and sustenance of a faulty unitary security architecture in a federal democracy, and third, a faulty criminal justice system with emphasis on punishment as a sole deterrent measure.
Observers argued that where the majority of the citizenry is denied access to the basic needs of life; law enforcement mechanisms are weak, compromised and easily amenable to manipulation by the wealthy few, and the criminal justice system emphasises punishment as against rehabilitation and reformation with the aim of socialising the citizenry away from criminality, impunity and criminality become a common feature of daily existence.
They argued that the body language and conduct of incumbent administrations at all strata of governance in the country have equally served not as deterrence, but help to nurture the culture of impunity and criminality.
Critics contend that the prevailing massive youth unemployment, the growing disregard for societal values and disdain for the supremacy of the law have not only helped to promote the increasing resort to self-help, they have greatly aided the nation’s progressive regression to the Hobbesian state of nature.
They noted that in the country, today, might is right, arbitrariness and misnomer are becoming the norm, with scant regard for law and order, and the supreme doctrine of the rule of law. The fulcrum of every democracy has effectively been shoved to the back seat of societal relevance.
To reverse this, they suggested that the government must first evolve socio-economic policies targeted at halting the progressive decrease in state capacity to guarantee the people’s socio-economic rights and generally improve their well-being.
Such policies, they argued, should be fuelled solely by the need to promote general prosperity and employment, and the creation of an enabling social economic environment to serve as a catalyst for the generation of wealth for all citizens in the private sector.
Observers also suggested a holistic review of the nation’s security architecture to de-emphasise the centralised control and management inherited from the military. They argued that since most crimes, kidnapping inclusive, are localised problems, there is the need for a localised response by state and local governments, which could only be complemented by federal interventions where necessary.
There is also the argument that the resort by most states to the ancient Hebrew law of kidnapping as provided in Exodus chapter 21 verse 16 that: “Anyone who kidnaps another and either sells him or still has him when he is caught must be put to death,” is a cruel and unusual punishment for a crime that is a reflection of the society, where the elite and those in government do not reward hard work, but pay lip service to corruption, abuse of office and other acts of impunity.
They contended that rather than emphasise harsh punishment, the state and managers of its criminal justice system should devise ways to mitigate the people’s propensity for crimes and ethical violations.
Lawyers’ views
Lawyers, who spoke were equally of the view that the problem did not stem from the paucity or inadequacy of extant laws, but the inherent challenges in the society, which include the failure of security measures.
The NBA President, Augustine Alegeh (SAN), while reacting to his predecessor’s kidnap, reminded the Federal Government that it has failed to effectively discharge its major role of adequately safeguarding the people’s lives and property.
He urged the government “to step up efforts to fulfil its primary constitutional role of providing for the welfare and security of all Nigerians.”
Joseph Nwobike (SAN) observed that the failure of the government to adequately protect the people and secure their rights to personal liberty is “a sad one and despicable. It is bad for this country and ominous for democracy. It is even challenging to the legal profession.”
Rights activist Femi Falana (SAN), who also put the blame on the failure of the government to secure the people, urged the NBA to sue with a view to compelling the Federal Government to refund any ransom paid for the release of any abducted persons.
“More importantly, the NBA should embark on urgent measures designed to compel the Federal Government to actualise Section 14 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria, which stipulates that the security and welfare of the people shall be the primary purpose of government.”
Dr Abdullahi Utman observed that kidnapping and other vices result from the failure of the Nigerian state to provide for the people as is the case in every sane society.
“The Nigerian State lost the moral authority to socialise the people away from criminality and deviant behaviour through law enforcement.
“The only means by which the citizenry can be socialised away from criminality to having greater stake in conformity is for the state to give effect to those rights as contained in our core values and which relate to the citizenry.
“Those core values, which include the promotion of prosperity and employment, protection of socio-economic rights, the rule of law, good governance, human liberty and democracy, must form the core of our national security policy,” Utman said.
Fredrick Chukwuma argued that the prevalence of kidnapping in the country should not be treated within the context of the abduction of some prominent lawyers alone.
“We should see it as a societal vice, which is fuelled by the failure of the leadership to effectively police the society and provide the people with the basic needs of life. I do not think the laws are inadequate. In fact, we have too many laws on this crime. The problem is, as most of your respondents have said, a reflection of the failure of law and order in the larger society.
“We just need a few reasonable leaders, who are able to lead by example and uphold the core societal values of integrity, respect for law and order and the supremacy of the law. With that, majority of the nation’s problem would have been solved,” Chukwuma said.
The NBA Ikeja Branch urged security agencies to do all within their power to secure Wali’s release.
Its chairman, Yinka Farounbi said they were highly disturbed and worried by the sad news of the kidnap Wali.
“This is one kidnap too many and we call on all peace-loving Nigerians to rise and condemn it in very strong terms,” it said, adding: “Wali is a peaceful gentleman to the core.
“We therefore call on his captors to please immediately release him unconditionally and unharmed,” he said.
Farounbi urged all the security agencies, particularly in Rivers State and its environs, to step up their security systems with the view of getting the former NBA President released without any further delay.
He said this latest kidnap has cast another doubt on the constitutional provision of the fundamental duty and responsibility of the government to protect the lives and property of it citizens.
“We cannot afford the luxury of seeing our citizens kidnapped on a daily basis and the government will pretend that all is well.
“We do not want to believe that the government has surrendered to the kidnappers and other criminals. There is no doubt that our nation is facing enormous security challenges and our police in particular seem to be overwhelmed.
“We, therefore, join other patriotic Nigerians in calling for the creation of state police now. Recent security lapses all over the country makes the need for state police to be urgent and desirable more than ever before,” it stated
Formerlegal adviser of the NBA Mr. Victor Nwaugo said: “This is the time for his friends and well wishers to rally round to make sure that he is released unharmed; his kidnappers arrested, arraigned and prosecuted. After all, he has contributed his quota to national development.”
Former Financial Secretary of the NBA Mr. Marc Enamhe said: “ It is highly condemnable for any Nigerian to be kidnapped in his state, a man’s home is his safe haven, where he knows how to move and how not to move. For this to happen to our former President in Port Harcourt shows that people have not learnt from experience. Since the kidnappers have not established contact with the Wali family, we cannot actually identify their purpose now. We only pray that they release him in good health and sound mind.”
Abuja-based lawyer and chairman of the Abuja chapter of Labour Party Mr. Felix Ashimole said: “ I join NBA President Augustine Alegeh (SAN) to condemn the kidnap of our former President, Okey Wali (SAN). Let us continue to pray for his safe release.”
Who will be next?
Society activist and constitutional lawyer Chief Mike Ozekhome (SAN) said: “ It is most shocking and heart rending to hear that Okey Wali, the immediate past President of the Nigerian Bar Association (NBA), has been kidnapped by unknown hoodlums. This is certainly the last proverbial straw that has broken the carmel’s back. To kidnap Okey Wali has introduced a new dimension, a novelty to this dastardly merchantilistic trade in people’s blood, lives, destiny and liberty, by societal misfits. News have it that it was done about 200 metres from his residential gate at about 9:00pm on Saturday. That means the kidnappers must have laid ambush for him. Where were the security agents, such as policemen and members of the Civil Defence Corps, who ought to patrol streets?”
“The Nigerian nation is clearly under great, multi-dimensional siege – siege from ritualists, siege from Boko Haram, siege from political buccaneers, siege from legislative rascality, siege from executive lawlessness, siege from judicial tyranny, siege from leadership inertia, siege from civil society compromise, siege from all of us, who see nothing, say nothing and do nothing! Okey Wali’s kidnap is totally condemnable in the strongest words possible, for the simple reason that he is a peace-loving, very humble and God-fearing Nigerian, who led the NBA, the biggest civil society umbrella organisation in Nigeria, for two good years, without any blemish, charge of corruption, or embezzlement of public funds against him. To Kidnap Okey tantamounts, therefore, to kidnapping the entire collective quintessence and conscience of all Nigerian lawyers, and. therefore, of the totality of the civil society.
“As one who went through a most horrific and spine-chilling experience in kidnappers’ dungeon for three harrowing weeks of near death, I can feel it, see it, smell it, taste it and empathise with it. The irony is that it was Okey as NBA President, who broke the news of my August 23, 2013 kidnap to the NBA AGM in Calabar, with the entire body of lawyers led by him, calling for my immediate and unconditional release.
“Last year, it was me. Today, it is Okey’s turn. Who will be next? No one knows. No one can conjecture. The Federal Government, Rivers State and neighbouring state governments, the IGP, DG, SSS and the entire security aparatus in this country should immediately rise up and deliver OkeyWali, safe, hale and hearty, to his family and Nigeria. There must be no excuses, no foot dragging and no dilly-dallying.
“I appeal to Okey’s kidnappers to, please, release, unhurt and unharmed, this great patriot, this unassuming Nigerian, who means well for all, including the poor peasants of this country. He has contributed immensely to the development of law, human rights and to the Nigerian nation. Let not your insatiable thirst for money and earthly things push you to hurt him. I beg you all, in the name of Almighty God.
Former Chairman, NBA Section on Public Interest and Development Law (SPIDEL), Chief Joe-Kyari Gadzama (SAN), said: “We condemn in very strong terms the abduction of Okey Wali (SAN), the 26th president of the NBA. Mr Okey Wali stood firmly for the enthronement of the rule of law, democracy, equity, justice and fair play in our body polity. He never failed to speak out whenever the rights of the common man were in jeopardy.
“We urge his abductors to release him unconditionally to reunite with his family and community. Time has come when the government and all other stakeholders must do more to secure the lives & liberty of citizens of this country; otherwise, a time will come when nobody will walk on the streets of this nation. May such a day never come.”
