The Nation Newspaper

Tag: guilty

  • Chibok: Escapee girls feel guilty, says Ezekwesili

    Chibok: Escapee girls feel guilty, says Ezekwesili

    Some of the 57 girls who escaped from the Boko Haram custody after their abduction from the school hostel on April 15 are feeling guilty, Dr. Oby Ezekwesili said yesterday.

    The former World Bank Vice President (Africa), who is one of the leaders of the #BringbackOurGirls protesters, spoke of the meeting his group and others had with Malala in Abuja yesterday.

    She said one of one of the girls who escaped from Boko Haram told the meeting that she was feeling guilty and could no longer visit her friend’s mother because the mother always asked her why she left her friend behind.

    Mrs. Ezekwesili spoke at the protesters, sit-out in Abuja.

    “I have got to the point where I am no longer bothered with soulless Nigerians who everyday ask me if I’m truly sure the girls were abducted. Thank God that the presidential committee finally put to rest that there was truly an abduction.

    “We know that the government has reassured us that it is doing its best in the process of the rescue but we continue to ask, what are the milestones so far?

    “When speaking to Malala, one of the girls in tears said,  ‘I no longer want to go and visit my friend’s mother because each time I do, she says to me, why did you not hold my daughter’s hand when you where running off’?

    “Our girls are here today so that we will be able to demonstrate to them that they are not alone in the sadness. We are here for the Chibok girls; any other thing is not our concern.”

  • Guilty as charged!

    Guilty as charged!

    • CJN is right that our prosecution agencies usually place the cart before the horse

    The Chief Justice of Nigeria (CJN), Justice Mariam Mukhtar, has identified one of the weakest cogs in the judicial wheel when she openly denounced the way in which the nation’s prosecutorial agencies routinely charged suspects to court, only to then embark on a frantic search for the evidence needed to convict them.

    Speaking at a special session organised by the Supreme Court to mark the commencement of the 2013/2014 Legal Year, Justice Mukhtar claimed that such agencies used holden charges to detain suspects in order to buy time to conduct investigations which ought to have been completed before the suspects were charged. The CJN explained that the practice had helped to contribute to the very high number of cases pending before the nation’s courts, as well as the length of time it took to conclude cases.

    There is little doubt that Nigeria’s various prosecutorial agencies are guilty as charged. Even when allowance is made for the operational and other challenges that they face, there can be no justification for their adoption of tactics and strategies which defy the most fundamental tenets of justice.

    The Nigeria Police is notorious for arresting individuals and charging them to court without a shred of evidence to back up its claims, only to resort to endless requests for adjournments while desperately searching for evidence it should have secured in the first place. The Economic and Financial Crimes Commission (EFCC) is no slouch when it comes to shooting first and talking later, either. Ever since its inception in 2003, it has been synonymous with strong-arm tactics – midnight raids on the homes of suspects, laying siege to their places of work, and trial in the media.

    Because undue emphasis is put on charging suspects rather than securing cast-iron evidence against them, the investigative process is often carried out in a perfunctory manner. Crime scenes which should be cordoned off are left open, with the consequence that fingerprints, DNA samples and other crucial evidence are hopelessly tainted, if they can be found at all. Instead of conducting the painstaking forensic accounting that is vital to obtaining concrete evidence of financial crimes, prosecution agencies resort to the crude strategy of seizing files and computers, most of which are irrelevant to the case at hand.

    When the suspects finally appear in court, the inadequacy of such methods is brutally exposed. Perhaps the most notorious example of prosecutorial perfidy is that of Dr. Peter Odili, the former governor of Rivers State, who was able to secure virtual immunity from prosecution, thanks to the EFCC’s incredible inability to vacate the injunction he had obtained against it. The fact that only one ex-governor has gone to jail is a sad testimony to the inefficiency of these methods and the danger their continued use poses to the justice system.

    The failure to establish watertight cases against suspects makes it easier for them to escape on legal technicalities, thereby weakening public faith in the judiciary, which in turn strengthens the desire to resort to self-help. As criminals realise that indictments are no guarantee of successful prosecution, they will become even more emboldened in their criminal activities. When others see suspects virtually getting away with murder, they will be tempted to pursue careers in crime.

    If this situation is to be halted, Nigeria’s prosecution agencies will have to rethink their approach and seek to play by the rules of the game. Investigations must be carried out in a thorough and comprehensive manner. Full use should be made of modern technologies and international assistance. Prosecutors must stop raising public expectations unnecessarily by conducting trials in the media. The human rights of suspects must be fully respected. Functional judicial systems are based on prosecution, not persecution.

     

  • ‘Deportation’ of beggars: All states are guilty, says Falana

    Lagos lawyer Mr. Femi Falana (SAN) has described the ‘deportation’ of beggars by some states as “illegal”.

    Falana spoke with reporters at the weekend, in Ado-Ekiti, the Ekiti State capital.

    He said the ‘deportation’ was contrary to the provisions of the Constitution, which “states that Nigerians can choose to live in any part of the country”.

    Describing it as worrisome, Falana said virtually all states and the Federal Capital Territory (FCT) were guilty of this offence.

    He said: “It will be wrong to restrict the condemnation of illegal ‘deportation’ to Lagos State because many other states are into this barbaric act. The ‘deportation’ of some beggars by the Lagos State Government to Anambra State is illegal. It is against the constitution.

    “But the Anambra State that is kicking against it “deported” 29 beggars to Akwa Ibom and Ebonyi states in December, 2011, so hypocrisy is at work. Rivers State ‘deported’ 113 Nigerians to their different states. Akwa Ibom State is about to ‘deport’ two mentally-challenged men to Lagos State. How did they know that the mentally-challenged men are from Lagos State? The FCT is the guiltiest of them all.”

    Rather than ‘deport’ Nigerians from one state to the other, Falana urged all tiers of government to address disparities in income, which he said has turned many hard working citizens to beggars.

    He condemned the “increasing involvement of the military in internal security”, a trend he said would not have arisen if the police were “sufficiently kitted” to perform their duties.

    The lawyer criticised the Federal Government for allowing “the illegal operation of the Multinational Joint Task Force”, adding that “it is tantamount to a declaration of war on Nigeria”.

    He said the nation’s security challenge would be resolved if the government addresses unemployment and religious extremism, adding that the government has achieved “very little in tackling insecurity and terrorism because poverty is prevalent in the country”.

    Falana condemned the attack on the Peoples Democratic Party (PDP) Secretariat in Ado-Ekiti and urged the police to bring the culprits to book.

    He said: “Those behind the attack are responsible for similar attacks in the past. The sponsor of the attack, a former elected official, killed six people some years back when he attacked the secretariat.

    “It is unfortunate that the PDP settles all criminalities as family affairs, but the culture of impunity should not be allowed anywhere in the country. All suspects in this attack should be arrested.”

  • Ex-Abuja CJ Gummi guilty of gross misconduct, says NJC

    Ex-Abuja CJ Gummi guilty of gross misconduct, says NJC

    The Immediate past Chief Judge of the Federal Capital Territory (FCT) High Court, Justice Lawal Hassan Gummi, was yesterday found guilty of “gross misconduct” by the National Judicial Council (NJC).

    The NJC warned another judge of the Federal High Court for engaging in wrongful conduct.

    The council, rising from its 63rd meeting, found out that Justice Gummi breached professional ethics when he interfered in a judgment given against Zamfara State Governor Abdul’aziz Abubakar Yari, who is a former federal lawmaker.

    NJC described Gummi’s action as “most unethical and highly reprehensible”.

    The council said it would have recommended his sack, but for the fact that he had voluntarily retired from office before now.

    Justice Gummi left to become the emir of Gummi, Zamfara State.

    The NJC, in a statement after its meeting held between Wednesday and yesterday, warned that it would come down hard on any judge found engaging in such a practice in future.

    The statement, signed by the Acting Director, Information, Mr. Soji Oye “warned” Justice M. A. Onyetenu of the Federal High Court for engaging in wrongful conduct.

    Justice Onyetemu granted an ex-parte order without hearing the pending motion on notice and applications in a suit before him.

    The NJC “deliberated on the report and recommendation of its committee that investigated the petition forwarded to it by Nestello Gateway Group in Suit No. FCT/HC/CV/486/10 against Hon. Justice Lawal Hassan Gummi, OFR, the former Hon. Chief Judge of High Court of FCT, Abuja.

    “At the end of deliberation, council accepted the findings of its committee that Hon. Justice Gummi, OFR, interfered with execution of the judgment delivered by Hon. Justice Jude Okeke of the FCT High Court, Abuja in the suit between Nestello Gateway Group and Alhaji Abdul’aziz Abubakar Yari, a former National Assembly member and the current Governor of Zamfara State in which execution had already been levied in favour of the petitioner.

    “Council found the interference by Hon. Justice Gummi in the execution of the Judgment as most unethical and highly reprehensible.

    “Council also accepted the recommendation of its Investigation Committee that Hon. Justice Gummi was guilty of gross misconduct, contrary to Rule 1(i) of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria which would have led to his removal from office.

    “Council, however, took cognisance of the fact that Hon. Justice Gummi has already voluntarily retired from service and consequently decided not to recommend his removal from office.

    “Council decided that henceforth, any similar misconduct by any judicial officer in the federation will be visited with severe sanctions.

    “Council also warned Hon. Justice M. A. Onyetenu of the Federal High Court for granting ex-parte order without hearing the pending motion on notice and applications in Suit No. FHC/PH/CS/236/2012 between Evangelist Charity O. Akah V. Alpaca Price Nigeria Limited and another.”

  • Steal the Central Bank of Nigeria, plead guilty, go home free

    Steal the Central Bank of Nigeria, plead guilty, go home free

    I had intended to commence, this Sunday, a series of articles on the refreshing re-engineering presently afoot in the South-West courtesy of the A C N governors in the region, a pan-regional renewal of infrastructure, education, agriculture and ground-breaking social security programmes for the elderly so heartwarming Chief Obafemi Awolowo would give the architects a thumbs up from his grave since they are earnestly working towards the happiness and well-being of the greater majority of the people which the Avatar unequivocally prescribed as the raison d’être of a good government. That, however, was before the news broke of an insensitive Abuja High Court judge sentencing one John Yusufu, a self-confessed thief of N32.8billion Police Pension fund, to two years imprisonment with an option of a measly N750, 000 fine which the convict promptly paid. Interestingly, less than 24 hours after that judgment, an Ikare Magistrate Court in Ondo State sentenced an accused to three years imprisonment for stealing a telephone handset worth N17, 000.

    More nauseating than Mr Justice Talba Mohammed’s unthinking judgment is the fact that the EFCC, with all its effete posturing about corruption, was privy to this unconscionable arrangement. This is obvious from the following statement by the agency: ‘The Commission is of the view that the option of fine runs contrary to the understanding between the prosecution and the defence wherein the convict consented to a custodial sentence with the forfeiture of all assets and money that are proceeds of crime’. Little wonder the convict knew well ahead, exactly how much he was going to be fined. With things as they stand in the country today, the EFCC must reckon as the greatest motivator of corruption. Where in the civilised world, other than Nigeria, would such a rogue walk away with a slap on the wrist? Did Mardof get a plea bargain in the U.S? Is whatever money or property seized more important than the immoralities EFCC is inculcating in the citizenry through these brazen compromises? Where is the money paid by the likes of former governor Lucky Igbinedion and co in past plea bargains or where are the houses forfeited to government in all these ludicrous paddy paddy bargains? Were they not all sold within their cabal? If a man could literally walk free from such humongous heist, why would unemployed graduates not go into armed robbery and some jobless miscreants into kidnapping? As it stands today, EFCC deserves to be completely scrapped. It was no surprise that another government agency, the Code of Conduct, was reported to have summarily quashed the case of one of the co- accused persons in whose account at the United Bank of Africa a whooping N500 million was found, freed allegedly on the intervention of the wife of a very senior government official.

    Since the news broke, I have heard lawyers of all hue rationalising plea bargaining. I make bold to say that while this may be provided for in our law books, it is absolutely unhelpful in a Nigerian society where corruption has become, not only endemic but, systemic. Whichever way you turn, all you hear are public servants stealing, no longer millions but, billions of naira given the certainty that no punishment awaits them. Impunity has taken over the land and when anti-corruption agencies make a sham of going to court, all you get is what the Abuja judge dispensed here as punishment -a huge joke and the same reason Ibori was treated here in Nigeria as a paragon of honesty only to be shamefully jailed in the U.K.

    What a rudderless government we have and what a spineless people we are turning out to be? What a country? Why will the world not call us thieves? Coming so soon after a British court described one-time governor Ibori as a common thief in state house, who in the world should respect any Nigerian? Are these judicial officers, supposedly operating in the temple of justice, so uncaring they can vomit any judgment, however inane? Granted that this judge cannot single-highhandedly re-write the law, (but) was he obligated to offer the criminal an option of fine knowing full well that a cow thief in a part of this country could have a limb chopped off? What impunity, and, again, is there a single reason young Nigerians should not go into armed robbery or kidnapping when men and women constitutionally empowered to moderate our values through the instrumentality of law are so unthinking? Going by the level of listlessness routinely displayed by the judiciary, shouldn’t every Nigerian be a criminal of sorts since criminality pays so handsomely? And by the way, hasn’t it been suggested this same judge it was who ruled that Kenny Martins had no case to answer in another police-related case where sleaze was strongly alleged? Doesn’t he realise that hundreds of thousands of poor retired old men who had served this nation to the best of their abilities are victims of this heist and that some of them actually die, queuing for this same pension? God, give us judges: men and women in their dignified robes, who will know that they are chosen by you, though appointed by man, to perform what essentially is a solemn function to the edification of your name, rather than simply see it as working for a meal ticket.

    Lord, give us responsible judges.

    Questions ad infinitum, but let us get to the nitty gritty of this thoroughly revolting case. We have in this country, a party which, as I often describe it, has held this country under its stranglehold for close on 14 years and always with about three quarters of members of the National Assembly. For these many years, has the National Assembly been so irresponsible it did not know that even if you steal the entire Central Bank of Nigeria, all you get is a 2-year jail term? Did they consider this equitable to the offence? What then is the responsibility of the Committees on Judiciary in both the Senate and the House of Representatives, or does it stop with the squandering of funds and allocation of state of the art cars for so-called committee work? Of course Nigerians will not be surprised their representatives are too blinded by graft and greed to notice such inequities.

    This case is so nauseating you want to puke.

    Where now is PDP’s so-called Ethical Revolution, that shibboleth, like Vision 20 20 20, and its cousin, Rebranding, through which they once ate the nation raw. PDP is never short of such grandstanding rhetoric. Trending now is their Centenary anniversary and Senator Ayim Pius Ayim, Secretary to the Government of the Federation, is throwing his entire weight into it. By the time the dust settles on this too, Nigeria would have been short-changed to the tune of billions of naira. Didn’t former minister Ezekwezili, only last week, ask them questions as to how they squandered a colossal $67 billion; an amount no West African country, beside Ghana, can boast of in a given financial year?

    That is PDP with its ideology of ‘share the money’.

    And what manner of people are we? Are we so consumed with the challenges of life and living that we have become so spineless? Must we take just about anything when, as you read this, Egyptians, in spite of an emergency declared by government, are still out there on the streets protesting against some draconian decrees by the Morsi government?

    .And as somebody has asked, why are the two major religions silent on this evil plaguing our country? What are the moral and ethical tenets driving these religions that they cannot lead their adherents out on a massive anti-corruption demonstration as is routinely done in other countries? And concerning the Bible and the Quran which these rogues, counting on the mercy of God, do not take seriously, shouldn’t our constitution now prescribe that public officials should swear on Ogun – the god of iron – and such like gods which show no mercy to criminals? Shouldn’t our traditional religionists place a curse on those rabidly raping this hapless country? At least one remembers General Obasanjo once suggesting we fight purveyors of the apartheid system with African juju.

    If these nation wreckers are so unrelenting, l will suggest it is time unforgiving African gods are unleashed on them for the sake of fatherland.

     

  • Shell guilty of oil spill

    Shell guilty of oil spill

    FOR an offence it committed 19 years ago in Ikot Ada Udo, a community in Akwa Ibom State, oil giant – Shell Petroleum Development Company (SPDC) yesterday got judgment in far-away Netherlands.

    A District Court in The Hague, Netherland, ruled that SPDC – Shell’s Nigerian subsidiary, was partially responsible for a case of oil pollution in the Niger Delta and ordered it to pay damages.

    The district court said SPDC must compensate one of the plaintiffs, Mr. Friday Akpan.

    Four other claims filed by against the Dutch parent company for pollution in Goi, Ogoniland, both in Rivers State and Oruma, in Bayelsa State, were however dismissed.

    The litigants, all farmers, backed by Environmental rights’ campaigners- Environmental Rights Agency and Friends of the Earth (ERA/FoEN), filed the suits in 2008 in Netherland, where Shell has its international headquarters.

    The quartet sought reparations for lost income from contaminated fish ponds and farmlands.

    Eric Barizaadooh, who was the only plaintiff in court yesterday, had his claim rejected.

    He was, however, happy for the Akwa Ibom community that won the compensation.

    Barizaadooh said: “For my colleagues who succeeded, that is victory. Shell is brought to book. I believe this is a revolutionary case.”

    The case was seen by environmental activists as a test for holding multinationals responsible for offences committed by their foreign subsidiaries.

    Legal experts said yesterday’s ruling paved the way for other Nigerians, affected by pollution to sue the culprit in their headquarters.

    But SDPC said the case would not set a precedent as its parent company was not held responsible.

    Sweet victory for Akpan

    IT was sweet victory for 52-year-old Friday Akpan yesterday. The Ikot Ada Udo, Akwa Ibom State-born father of 12 got a landmark judgment in The Hague, Netherland.

    The ruling of the District Court against Shell Petroleum Development Company (SPDC) would allow him to repay his debts.

    “I am not surprised at the decision because there was divine intervention in the court. The spill damaged 47 fishing ponds, killed all the fish and rendered the ponds useless,” he told Reuters in Port Harcourt, Rivers State.

    He said: “Since then, I have been living by God’s grace and on the help of good Samaritans. I think this will be a lesson for Shell not to damage people’s means of livelihoods.”

    New avenues

    A legal expert said the ruling could make it possible for other aggrieved Nigerians who had suffered losses due to Shell’s activities to seek judical redress in The Hague.

    Menno Kamminga, a professor of International Law at Maastricht University, said: “The fact that a subsidiary has been held responsible by a Dutch court is new and opens new avenues.

    “The court did not just examine the role of the parent company, but also looked at abuses committed by Shell Nigeria, where the link with the Netherlands is extremely limited. That’s a real breakthrough.”

    Environmental Rights Action/Friends of the Earth (ERA/FoEN spokesman Geert Ritsema said the group would appeal the acquittals “because there is still a lot of oil lying around. These sites need to be cleaned.”

    Ritsema said hundreds of other Nigerians in Ikot Ada Udo, Akpan’s country home, can now take similar legal action.

    The court admitted Shell’s argument that the spills were caused by sabotage and not poor maintenance of its facilities, as had been argued by the litigants.

    Prof. Ritsema said it was the first time that an oil company was being held responsible for failing to prevent sabotage.

    There were 198 oil spills at Shell facilities in the Niger Delta last year, releasing around 26,000 barrels of oil, according to data from the company.

    But the firm blamed 161 of these spills on sabotage or theft, while 37 incidents were caused by operational failure.

    But affected communities insist the number of barrels spilled reported by Shell was a far-cry from the actual amount of oil spilled.

    Niger Delta residents have never stopped complaining about the polution of their farmland and waterways, which they said have been blighted for years by oil pollution. Enviromental rights’ activists have called for oil companies in the country to be held to the same standard as elsewhere in the world.