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Tag: inducement

  • DIG warns men against inducement

    The Deputy Inspector-General of Police (DIG) in charge of Research and Planning,  Aminchi  S. Baraya, has warned policemen against accepting any inducement during the rescheduled general elections.

    Baraya, who was deployed to the North-West to supervise the elections, gave the warning while addressing officers and men on Friday  at the Police Headquarters in Birnin Kebbi the state capital.

    He said, “police officers are expected to provide enabling environment for voters to vote during the elections .

    “I urge you not to accept any inducement from anybody in order to destabilise the process.

    “Moreover, we don’t expect any incidents of thuggery before, during and after the polls; so, I urge you to work thoroughly to ensure peaceful election. If you are going to your area of duty,  go with your water and your food in other to avoid any distractions,” he added.

    Read also: Polls: Security agents uncover 6 flash points in Anambra

    Baraya also appealed to political actors in the zone to maintain peaceful atmosphere by cautioning their supporters not to foment any trouble that could disrupt the polls.” Kebbi State is one of the most peaceful states in the country, so I expect the political actors to always maintain the peace by cautioning all their supporters.”

    He also directed officers to ensure the safety and security of National Youth Service Corps (NYSC) members and other ad hoc staff of INEC deployed for the conduct of the exercise.

  • ‘Bello encourages inducement, praise-singing’

    ‘Bello encourages inducement, praise-singing’

    Austin Okai is a social critic and the leader of the Peoples Democratic Party (PDP) Youth Frontier. He is one of the vociferous critics of the Governor Yahaya Bello administration in Kogi State. In this encounter with JAMES AZANIA, he speaks on why he is at loggerheads with the administration. 

    Are you not rather hasty in describing Governor Bello’s administration as non-performing, given that it is still less than two years in office?

    The government is about two years in office, which is almost tantamount to mid-term score card presentation of achievement and performance. In the case of Kogi, the peculiarities are distinct in terms of the inflow of grants; special grants like the Paris Club Loan refund of N18billion, bailout fund of N20 billion, the N10 billion infrastructure fund, improved federal revenue allocation and internally generated revenue (IGR),  due to over-taxing and erratic deductions. Yet, the financial obligations of government were being avoided, particularly salaries and pension of retirees. All these were more than what was accrued to the last administration in four years, just less than two years.

    Whose interest do you represent? Specifically, what are your grouse with the Bello administration?

    I represent the entire Kogi State, especially the youths where the governor’s age falls. Let me use this opportunity to correct the erroneous impression of sectional interest. We, Kogites, need somebody who can deliver based on the performance template, not minding where you are from. But we have discovered that Governor Bello’s administration tend to play down on what is good for the people through maladministration, and rather embrace personal aggrandizements with public till. Evidences of this tendency abound everywhere.

    Some sections of the state have commended the governor’s performance in some areas, particularly security and transformation of Lokoja. Are these not evidence of performance?

    Well, praise singers can make their presence felt in any administration, both paid and professional ones. It is never a parameter to measure the success of this present administration in all ramifications. You know this government believes in inducement and praise-singing as performance indices. The issue of security is just mere lip-service and a ploy to settle scores with those opposing this administration. The crime rate is still high in all forms; kidnappers are still having their field day all over the state. Just last week, towards Sallah, many people who were home bound, were kidnapped in Ajaokuta, a neighbour council to the state capital. So, what are we talking about? Roads projects that people describe as transformation of Lokoja were awarded during the last administration. This includes the Ganaja flyover. Aside the politically-motivated flag off of some roads, with contractors moving their equipment away from sites afterwards for lack of mobilisation. What else have you witnessed in terms of road construction and rehabilitation? Most projects executed by the Yahaya Bello administration are conduit pipes to siphon public funds.

    Is it not commendable that a governor, for the first time since the creation of the state, brought in someone of another ethnic extraction as his Chief of Staff? Does this not signpost the paradigm shift Governor Bello promised the people of Kogi?

    I laugh. I don’t know why people have misconstrued the Chief of Staff (COS) of Yahaya Bello, Edward Onoja’s appointment as a major achievement of the administration. Even when the previous occupants were from certain section of the state, the level of financial profligacy and prominence, along with unhealthy infiltration into the workings of government is uncalled for and not tenable, which has gone a long way to denigrate the office and the desire for the appointment. Both the COS and the governor are aware of what they have in common. It’s not to the interest of the public. The appointment of the present COS by the governor has had no positive effect on the development of the state.

    Is it not commendable that the governor incorporated youths into his administration?

    Yes, it is a good thing that youths have been given the opportunity to serve by this administration. But, the pilots of the entire project are bundles of deceit and failure. Therefore, the followers will have nothing to offer for the betterment of their constituency and the entire state. The youthful exuberance of these leaders has had a negative multiplier effect on the people of Kogi in the last 20 months, hence throwing up a lot of doubt on the clamour for youths to be given a chance to assume leadership roles. It is unfortunate. What was supposed to be of commendation has turned the other way round. You can imagine naming ceremonies, marriages, house warming and property acquisition being celebrated as achievements of the government, before the very eyes of Kogites. All are traits of youthful exuberance.

    There is no gain saying that the Kogi workforce was bloated and requiring of a clinical approach to tune it down. So, why is Governor Bello being bashed for taking the bull by the horn?

    That’s fundamental, but the approach from the onset had myriads of premeditated undertone to castigate some sections of the state, at the mercy and favour of others. Imagine some suspended directors, treasurers, permanent secretaries, returning to the service and getting appointments through the back door. This includes the new Head of Service. What signals and impression are we portraying?  When a government with good intentions wants to reorganise its workforce, it must be holistic and with a transparent criterion and spelt-out guidelines not geared towards victimising people like what is obtainable in Kogi State. Screening and verification exercise that went on endlessly without paying workers and pensioners their take home for two years is obnoxious. Even those in the ‘cleared list’ are not receiving their salaries; others are receiving half salary. After releasing the doctored report, those ‘cleared or pardoned list’ are still without salaries.

  • ‘Stop pre-election monetary inducement in Ondo’

    ‘Stop pre-election monetary inducement in Ondo’

    The Ondo State chapter of the All Progressives Congress (APC) yesterday urged the Independent National Electoral Commission (INEC) to check the alleged pre-election monetary inducement being perpetrated by some politicians.

    It was learnt that the “common wealth” was being distributed to some people during Governor Olusegun Mimiko’s meetings with traders, artisans, community leaders and pressure groups.

    In a statement by its Media Committee’s Secretary Charles Titiloye, the party recalled that INEC kept quiet when the Peoples Democratic Party (PDP) raised N21 billion for its campaigns, contrary to the Electoral Act.

    APC said: “We are now witnessing the effect of these illegal investments by the PDP in campaigns through the open distribution of money in Ondo State.

    “Unfortunately, INEC again, has decided to turn away from the pre-election monetary inducement of voters.

    “Free and fair elections are not just about voting but a process that includes the conduct of politicians during electioneering campaigns.

    “Since the inducement of voters is an offence under the Electoral Act, INEC must immediately monitor the campaigns of political parties in Ondo State to prevent the electorate from being heavily compromised before the day of the election.”

  • Inappropriate caution by prosecution can amount to inducement

    The Appellant was charged by way of Information with the offence of murder, contrary to Section 316(2) and punishable under Section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Ondo State of Nigeria 1978 before the Ondo State High Court sitting at Okitipupa Judicial Division.

    The case of the prosecution against the Appellant was that on February 19, 2003, the wall of the Appellant’s room was perforated and his money which was N185,000.00 was stolen by unknown person while he was outside. He did not see anybody stealing the money, he however later suspected his wife’s half brother. One Adediran Omogunloye who lived in another camp because he did not come to sympathise with him as others did. The Appellant later left his camp to meet the deceased in his camp and challenged him of stealing his money. The deceased denied the allegation. Thereafter, the Appellant took the deceased to another camp where the deceased parents were. They asked the deceased if he was the one that stole the money and he still denied the allegation. An herbalist was invited who performed divination and said the deceased was the person who stole the money. In spite of this, the deceased continued to deny the allegation. The deceased was later taken away to the Appellant’s camp where his legs were tied together and was hung on a kolanut tree by the house of the Appellant. The Appellant with others at large tortured the deceased by flogging him severely, setting fire underneath him, pouring hot red oil into his ears so that he could confess to allegation of stealing the Appellant’s money. About two days later, the deceased was rushed to the hospital by his brother, one Segun Omogunloye for treatment. However, he could not recover from the torture and died at the hospital on February 23, 2003.

    The Appellant, on the other hand said the family of the deceased asked him to take the deceased away. He said he later left the camp with his wife for their own camp and later travelled to Okitipupa to repair his car. That it was when he came back to the camp the second day that he was told that the deceased had been taken to the hospital at Ode Irele for treatment. He visited the deceased at the hospital. That on February 23,2003, he was informed by one Kola and Modimu that the deceased had died and that some boys were looking for him. He went to the police station voluntarily to report and was accompanied there by his brother Modimu. That they were both arrested at the police station where they made statements.

    At the hearing, the prosecution led three  witnesses while the accused Appellant testified for himself and called a witness to testify. At the close of the case, the Appellant was found guilty, convicted and consequently sentenced to death.

    Dissatisfied with his conviction and sentence, the Appellant filed a Notice of Appeal at the Court of Appeal. Learned Counsel for the Appellant nominated three issues for determination as follows:

    i. Whether the trial judge was wrong to have admitted and relied on Exhibit A, B and C (Extra Judicial Statements) without expunging same from the records before convicting the Appellant.

    ii. Whether the learned trial judge was wrong to have held that the defence of alibi did not avail the Appellant.

    iii. Whether having regard to the evidence led by the prosecution, the learned trial judge was wrong to hold that the prosecution has proved the case of murder beyond reasonable doubt against the Appellant.

    The fulcrum of the Appellant’s complaints on issue 1 borders on the voluntariness of the Appellant’s confessional statements Exhibits A and C and also the impropriety of the admissibility of his other extra judicial statement Exhibit B. Learned counsel for the Appellant gave a lumpsum attack to the admissibility of the Exhibits in four compartments as follows.

    (a) That the admissibility of the statements Exhibits A, B, and C followed a question and answer session.

    (b) That the statements were not voluntarily made as they were products of threat and inducement.

    (c) That the statements Exhibits A, B and C all started with cautionary words in the opening paragraph and that PW1 and PW2 stated in their evidence that they obtained the statements from the Appellant.

    (d) That the statements Exhibits A, B and C are contradictory.

    In determining issue 1, the Court held that the complaint of threat or inducement by the Appellant under (b) above could not have applied to Exhibits B and C where the evidence of the prosecution witness during the trial within trial was neither challenged nor contradicted in any form. The Court held that it is trite that where evidence is led by a party and there is no contrary evidence from the other party, the evidence is deemed to be true and accepted. See Okoebor v Police Council (2003) 12 NWLR (Pt.834) 444; (2003) LPELR-2458(SC), Akinlagun v Oshoboja (2006) 12 NWLR (Pt. 993) 60; (2006) LPELR-348(SC). In answer to (c) above, the court first pointed out that the mere presence or use of cautionary words in the opening page of a confessional statement does not necessarily render such a statement inadmissible as a confessional statement. The court held that each case would depend on its own facts but the test to be applied at all times is whether the cautionary words used could be said to have amounted to an inducement as to render the statement inadmissible. Finally, in answer to (d) above, the Court held that there was nothing spectacular about Exhibit B, contradicting Exhibits A and C. The court further held that all the Exhibits went through the process of trial within trial and Exhibits A and C were properly admitted and relied on by the learned trial judge in convicting the Appellant. Issue No. 1 was resolved against the Appellant.

    On issue No. 2, Learned Counsel for the Appellant submitted that the Appellant at the earliest opportunity, when he reported at the police station, Ode-Irele made Exhibit B, wherein, he stated that he was not at the scene of the crime as he was away to Okitipupa. Failure to investigate the Appellant’s alibi as contained in Exhibit B, said Counsel is fatal to the case of the prosecution. Learned Counsel for the Respondent reacted to Appellant’s issue 2 and submitted that the trial judge was right to have held that the defence of alibi did not avail the Appellant. He submitted relying on the case of Ikemson V State (1989) 1 ACLR 98; (1989) LPELR-1473(SC) that by Exhibit A, there is direct and positive participation of the Appellant in the crime. And, that where there is direct participation in a crime, plea of alibi is negative.

    On issue 2, the Court stated that there are at least three reasons why the Appellant in this case could not have successfully pleaded the defence of alibi. The first is that the said Exhibit B, the statement which he made to the police at Ode Irele Police Station did not give any indication or particulars for the police to investigate his whereabouts. The court held that it is not enough for an accused to raise the defence of alibi at large. He must give adequate particulars of his whereabouts at the time of the commission of the offence to assist the police to make a meaningful investigation of the alibi. Onyegbu V State (1995) 4 NWLR (Pt. 391) 510; (1995) LPELR-2728(SC), Eyisi V The State (2000) 12 SC (Pt. 1) 24; (2000) LPELR-1186(SC). The court stated that the second reason why the plea of alibi could not avail the Appellant in this case is that there are in any event material contradictions as to date in between Exhibit B, the 1st statement of the Appellant to the police, his oral testimony and the evidence of DW2. Exhibit B suggests that the Appellant went to Okitipupa and returned on February 21,2003.The evidence of DW2 and the Appellant’s oral testimony gave the impression that the Appellant slept at Okitipupa on the night of February 20, 2003. Thirdly and perhaps more significantly, the court stated that Exhibits A, B and C, particularly Exhibits A and C, the extra-judicial statements of the Appellant fixed the Appellant to the scene of crime and reveal a direct and positive participation of the Appellant at the scene of crime. The court stated the law that where there is direct participation in a crime the plea of alibi is negative. See Patrick Njovens & Ors V State (1973) 5 SC 12 at 65; (1973) LPELR-2042(SC). Issue 2 was resolved against the Appellant.

    On issue 3, Learned Counsel for the Appellant relied on his submissions on Issue No. 1 to the effect that the prosecution failed to prove that the Appellant caused the death of the deceased in view of the fact that Exhibits A and C which were relied on by the learned trial judge were unreliable, contradictory and wrongfully admitted. Learned Counsel submitted further that the prosecution did not in any way lead evidence of intention by the Appellant did not prove that the Appellant acted with the intention of causing death or causing bodily injury which the Appellant knew that the probable consequence would be death. He referred to the cases of Alarape V State (2001) FWLR (Pt. 41) 1872); (2001) LPELR-412(SC).

    On issue 3, the court held that it goes without saying that a man is presumed to intend the natural and probable consequences of his actions. Accordingly, the court further held that where by an unlawful act of a person which causes another person grievous harm leading to the death of that person, he is presumed to have intended to kill that person and he would be guilty of murder irrespective of his intention. Audu V State (2003) 7 NWLR (Pt.820) 516; (2002) LPELR-7098(CA), Nwali V State (1991) 3 NWLR (Pt.182) 663 at 676; (1991) LPELR-2098(SC). Issue 3 was resolved against the Appellant.

    On the whole, the court held that the appeal lacks merit and it was accordingly dismissed. The judgment, conviction and sentence of the Hon. Justice S.A. Bola in charge No. HOK/9C/2004 delivered on the 26th day of September 2006 was accordingly affirmed.

     

    •Edited by LawPavilion

    LawPavilion Citation: (2014) LPELR-23798(CA)