Tag: Jungle justice

  • Jungle justice

    Jungle justice

    In the last three months, Lagos has been in the grip of the mob who deliver jungle justice to anyone accused of kidnapping, even without convincing facts. The fear of the mob has become the beginning of wisdom for many Lagosians as fear of extra-judicial killings grips many residents. Seun Akioye investigates

    There were more than 1,000 people in the murderous mob comprising mostly of commercial motorcyclists and tricycle riders, motor park touts and idle youths the day Ify Blessing, a graduate of Public Administration from the University of Maiduguri, was stripped naked, beaten up and murdered.

    For many hours, her body burned at the gates of Idowu Adetunji Street, Ekoro Road in Agbado Oke-Odo Local Council Development Area of Lagos State.

    Almost everyone in the crowd agreed she attempted to kidnap three children, two boys and a girl on their way to school. But what the crowd could not agree to was the manner of the kidnap; while a section of the crowd said she came in a Jeep four-wheel-drive and was caught when she was making a phone call to prospective buyers, others said she seized the children on the way to school and attempted to take them in the opposite direction. Newcomers to the scene believed either story depending on the side of the crowd they were in. And of course, you could make up your own version.

    The accused stood in the midst of the crowd, naked and bleeding. She did not respond to any of the questions posed at her by her tormentors. This to the crowd confirmed her guilt and more blows were rained on her. She took the blows without crying and when she fell under the powers of the flames, she did not beg for mercy.

    Alhaji S. Taiwo remembered the day. “It is disheartening, it is wicked, inhuman. I could not sleep for three days after witnessing what the crowd did that day, “he told The Nation. As one of the community leaders on Idowu Adetunji Street, Taiwo’s house overlooks the gate of the street where Ify was murdered.  From a room, in his third floor apartment, he had a vintage position to witness all that happened on Tuesday, May 6, 2014.

    “I saw everything; none of the boys on this street took part. When the crowd attempted to bring her into the estate, we locked the gate. We called the police. It was dangerous to interfere, some of us who tried to were beaten up, one luckily escaped with his life. Now, we know the woman was innocent, they just killed her for nothing,” Taiwo said, shaking with anger.

    The story of Ify strongly reminiscent of what has become the lot of many in Lagos recently. In the last three months there have been more than 40 reported cases of mob justice against those accused of either stealing or kidnapping children for the sake of ritual money. In many of the cases, the first accusers were not known, a slight suspicion was enough to send the mob into a frenzy of murder and their usual instrument of death is arson.

    The second day, after Ify was murdered another man was burnt to death on Osundairo Street in Iyana-Ipaja, another suburb of Lagos.  The victim later identified as  Shams-ideen Yussuf was accused of trying to kidnap a 4-year-old boy, who was also on his way to school. Eyewitnesses said Yussuf was wearing only his underwear and looking unkempt. His ‘crime’ was being seen near a school child and when questioned, his response was incoherent, so the mob descended on him, stripped whatever remained of his clothes, a disused car tyre was brought, money was contributed to buy petrol and he was burnt to death.  Black smoke rose from the burning flesh visible for all to see several meters away.

     

    Disturbing trend

     

    The day Ify died, another suspected kidnapper was almost murdered about two kilometers from the spot of her murder. He had been accused of trying to kidnap some children, no one is sure how many or the manner of kidnap but mere accusation had satisfied the mob which was about to burn him to death but he was saved by a detachment of tough looking police officers from Ile-Epo police station.

    A reliable police source at the Ile-Epo police divisional headquarters told The Nation that five more people were rescued from irate mobs that same week within the area.

    “But the irony of the matter is all those we rescued were all mad people. After securing their identities, we have released them to their families. And all those who accused them have ran away and we can’t even find the children they were supposed to have kidnapped or attempted to kidnap,” she said.

    Investigations conducted by The Nation into the murder of Ify revealed startling facts about the alleged kidnapper. Alhaji Taiwo said he had met her father at the police station who confirmed she had mental problems.

    “Her father told me her mental problem began the first year she started working after her graduation from the University. This has prevented her from getting married or doing anything worthwhile with her life. Her sister brought her to Lagos to take proper care of her before she met her death,” Taiwo said.

    Investigations also revealed that prior to her death; Ify had lived on Adigun Popoola Street in Ekoro road, about 500 meters from where she died. When The Nation visited the neighbourhood, few people initially admitted they knew where she lived; but many later confirmed she was indeed mad.

    “She had mental problems but you wouldn’t know, every morning, she would go to the bus stop to beg for money. But because she was always neat and she dressed well many people didn’t know her mental state. She came to live here with her sister in November 2013,” a resident volunteered.

    Alhaji Adisa (surname protected), a human rights activist in Ekoro said the suspect who was rescued at Ile-Epo was really mad. “The boy was discharged from Yaba Psychiatrist Hospital in 2010; the father brought the discharge certificate. He fought with his boss where he was learning a trade and disappeared only to show up here in Ile-Epo. If not for the police, he would have been killed,” he said.

    A disturbing trend about the jungle justice is that many of the victims were either totally mad or suffer from autistic conditions. In Ify’s case, her accusers said when she was questioned, her response was incoherent.

    “How can her response be coherent, were they blind to see she was not normal?” Adisa asked, full of anger. In his house, a fully grown autistic woman came outside, she could speak but her words were full of inconsistencies. “She is an endangered specie,  that is why we don’t ever leave her alone in the house, somebody must always be with her. If she goes out and someone accused her of kidnapping how will she defend herself, how will her words be coherent?” he asked.

     

    Guilty or not

     

    But an irate mob is hardly convinced about the mental stability of its victim neither does it care about getting facts of the accusation. Most of the time, therefore, many of its victims were found to have been innocent, only when it was too late.

    That was the case of Ify. In her Adigun Popoola Street, a pall of gloom had descended on the neighbourhood since her murder. The residents are wary of the label her murder had given the street and any inquiry about her met with stoic silence, at first.

    A woman identified as “Iya Latifat” who sells provisions on the street said she knew the late woman as the deceased used to patronise her store. The Nation asked her if Ify was a kidnapper, she responded to this inquiry with a look of profound contempt.

    “She was not a kidnapper, I knew her,” she snapped, a sort of anger creeping to her face. “I knew her, she was my customer. She loved groundnuts and she comes here every day to buy N20 worth, if you see her, you will think she was a rich woman, until she starts begging for money,” she said.

    She also revealed that Ify was plump and big; she had a pink cap on her head all the time and had a rich look around her. “She wears second hand clothes but they were neat, she doesn’t speak much except to ask for money from anybody. I didn’t know she was the one they were burning, if I knew I would have been able to identify her.”

    Many people on that street felt the same way. Many carried with them the guilty feelings of their inability to save a fellow resident who was incapable of saving herself. The day of her death, her sister identified as Uche was said to have gone around looking for her late into the evening, until someone came to tell her she saw Ify’s clothes near the scene of the tragedy.

    “Normally, she doesn’t stay outside too long, but on that day she didn’t come back till evening. That was when alarm was raised. It’s sad she died like that, if only she could talk, we have left her killers in the hands of God,” Iya Latifat said. But the irony of Ify’s death was that she was to be taken to a church for ‘deliverance’ the day she died.

    Pastor John Amaga of Deliverance Outreach Ministries, located on the same street said he had tried to conduct a deliverance session for the deceased. “Every time I asked her to come to church, she would just say give me breakfast. I believe she was bewitched, she had been harmed in the spirit and the physical manifestation just came about,” he said.

    Inside her former house on 13, Popoola Adigun Street, family members had gathered to condole with her sister. It was difficult to believe Ify had been living in the house which was decently arranged and kept neat. Though The Nation could not see Ify’s sister, after repeated visits, a family member said the issue has been left in the hands of God.

    On Tuesday, May 13, a grandmother was almost murdered in Ajegunle by a mob who had accosted her when a baby was found with her. Without waiting for explanations, the mob accused her of kidnapping the day-old baby and proceeded to lynch her.

    It was later learnt she was the baby’s grandmother and the hospital had asked her to take care of the child as the mother was mentally unstable. That same day, a mob descended on a man in Shasha area of Akowonjo and almost killed him but for the timely intervention of the police.

    “It was the Baale that called the police before the man was saved. It was actually the parents of the child that asked him to take the child to school because it was on his way,” an eyewitness said.

     

    A riotous mob

     

    The crowd that supervised the burning of Ify had showed her no mercy, according to several eyewitnesses interviewed by The Nation, Ify’s travail did not start from Idowu Adetunji gate. It was gathered that she had been accused of kidnapping by a woman very close to her own street and dragged all the way to where she was eventually murdered.

    “You should have seen them that day, they were beating her mercilessly, somebody went to the petrol station to get petrol and when they burnt her, they were turning her like a barbecue,” Alhaji Taiwo said.

    Several other witnesses, who do not want their names mentioned described the mood of the mob as demonic. “It was like they were possessed by demons. There were a few people who tried to stop them but they were beaten up, one man was chased down the street, I am sure he is still recuperating in the hospital now,” one said.

    The mob is usually very violent and unrestrained. Only those who were ready to face the consequences dared interfere. In Iyana-Ipaja, the mob was so violent; it was able to repeal the police who came to rescue the victim.

    In the Ekoro tragedy, most of those in the mob were Okada riders and motor park touts, some witnesses also accused the members of the Ekoro motor park of complicity in the murder.  ”Okada and Marwa people are very touchy, a little thing  and they go on rampage,” an eyewitness said.     Two weeks ago, after the Police had rescued a suspected kidnapper putting him under protective custody, the mob had followed the police to the station and demanded jungle justice on the suspect.

    “Our DPO (Divisional Police Officer) had to forcefully take the suspect to the Force Headquarters because the crowd had the audacity to demand that we hand over the suspect to them for jungle justice. It was that bad,” a police source said.

    How does a mob work? According to findings, most mobs gather their strength from their number, the more the people, the more the difficulty in pinning the crime on a particular person. And in Nigeria where most mob actions go unpunished,  it has become a ‘legitimate’ weapon used by the poor against fellow citizens.

    In Lagos, where an army of unemployed and under-employed youths roam the streets, it is very easy to be lured into crime especially when there will be no repercussions. In Ify’s case, those who killed her were said to have come from far and near and the men seemed eager to strip her naked.

    “Ha, when they stripped her, you could see she was a beautiful woman, she would be in her 40s and when they were beating and mocking her, she just took it all in quietly, like a sheep led to the slaughter,” an eyewitness said.

    So what could have turned an otherwise decent crowd into a blood sucking, murderous mob? According to Adesanyan Olawale, a socio-behavioural scientist, the behavi-our of the mob was a result of bottled up anger against the ills of the society.

    “People say when election is around the corner, that is when all these disappearances happen, so the people are charged already. If you look at the mob, you will see it is made up of the jobless and those on the lower strata of the societal ladder. They are already angry at the corruption and ills of the land, so they believe that kidnappers used the children for money or political ritual and as such they should not be spared,” Olawale said.

    But one wonders why the suspects were not handed over to the police as usually advocated by law enforcement agents. “The people do not trust the police any longer, they say the police will release them and they will go scot free, that’s why they take the laws into their hands,” Pastor Amaga said.

    While agreeing that the people may have passed a vote of no confidence in the police, former Nigerian Bar Association (NBA) vice chairman, Ikorodu branch, Barrister Adedotun Adetunji said  jungle justice has no place in the Nigerian law.

    “It is detestable and under the law it is wrong. There have been many cases where they have lynched the innocent. But you see, the people are charged and when  they see all the injustice going on in government they tend to take the laws into their own hands. But that does not justify jungle justice, it should not be condoned,” Adetunji said.

    Coming to the spirited defense of the police, Alhaji Aziz Fasugba, a community leader in Oke-Odo area said poverty could not be the reason for the unrestrained behaviour of the mob. He said the people’s superstitious belief about ritual killings during election time usually fuels the suspicions of kidnappings and the acts were mainly carried out by touts.

    “When they blame the police, you should know that the police need evidence and when such is not forthcoming, the police will have to release the accused. Only people with criminal inclinations will resort to such barbaric acts,” Fasugba said.

    A police source also blamed the problem on the populace. “How can we solve crime when people don’t give us the information to unravel crime, what is the basis for jungle justice when you don’t have evidence, it’s a societal problem and not a vote of no confidence in the police,” the source argued.

    In proffering a solution, the police in Oke-Odo said it has begun a mass sensitisation of the people of the area towards eradicating the problem. “We have called all the leaders of thought in this area and enjoined them to go back to their communities and enlighten their people. We commend some who have taken action against this scourge in the past and plead with the people not to take the laws into their hands,” a police source said.

    On his part, Adetunji said the people’s orientation must change. “When we have a government that listens to the yearnings of the people and which the people can trust. The rule of law must be in place and the wishes and aspirations of the people must be done. Then trust can return and we will see less of such problems in the society,” he said.

     

    Government takes

    a tough stance

     

    Worried by the growing trend of mob justice, the Lagos State government through the Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, last week issued a warning against the barbaric act saying the full weight of the law would be brought to bear on anyone caught engaging in jungle justice, no matter what the alleged criminal could have done.

    Ipaye noted that anyone who engages in such act has committed criminal act and liable to arrest and punishment. “Even, if they did commit the alleged offence, there is a process for prosecuting and showing the evidence in court so that proven criminals can be properly punished according to law,” he said.

    In the same vein, the Inspector General of Police, Muhammed Abubakar warned that the police will no longer tolerate the act of jungle justice.  “The IGP warns that any person found to be involved in any acts of impunity or jungle justice must bear the full wrath of the law as two wrongs cannot make a right,” a statement signed by Force Public Relations Officer, Frank Mba said.

    In the same vein, Ngozi Braide, a Deputy Superintendent of Police and spokesperson for Lagos State Police Command told The Nation jungle justice is not acceptable in Lagos. “Nobody has any right to take any life no matter the gravity of the offense, if you see anyone committing a crime, the next thing is to call the police, the command is against it, you don’t have the right to kill,” she said.

    Braide, who blamed the occurrences of jungle justice on moral decadence in the society said whoever commits such acts will be arrested. “We will deal with those arrested with the full measure of the law, the act is unacceptable.”

    On Wednesday, May 14, at about 6:00pm, about 100 people gathered in Ify’s house for a solemn  service of songs for her departed  soul. Among the crowd were family members, residents of the street, church members and other sympathisers. A family source told The Nation, the service may be the only last rites accorded her because her body had been burnt to ashes.

    At the gate of Adetunji Idowu Street, a huge pile stood in the middle of the road, on closer look there were remnant of burnt car tires and ashes. “This is where they burnt her, this is where it happened,” Alhaji Taiwo pointed to the spot on the ground.  And that was where Ify was buried, that was where her ashes remained.

  • 45 arraigned for ‘jungle justice’

    Forty-five suspects have been arraigned in various locations in Ogun State for jungle justice, Commissioner of Police Ikemefuna Okoye said yesterday.

    Speaking with reporters in his office at the Command Headquarters in Abeokuta, Okoye warned residents against jungle justice, advising them to report suspected criminals to the police.

    He said: “The act of taking laws into one’s hand is criminal and a gross violation of people’s rights. It is barbaric to subject anybody to jungle justice on mere suspicion that such a person committed a crime.”

    Okoye said those arraigned include 17 of the people that allegedly vandalised a two-storey building in Ijaiye, Abeokuta, on the suspicion that it was a ritualists’ den.

    He said the police were hunting for some youths, who set the Ilaro home of Mr. Gabriel Olafenwa on fire and exhumed the remains of the man’s parents.

  • Jungle justice for kidnap suspect in Kwara

    Jungle justice for kidnap suspect in Kwara

    The end came yesterday for a woman kidnap suspect in Ilorin, the Kwara State capital, as a mob set her ablaze.

    The arrival of some policemen saved two others from being lynched at the Saw Mill Garage area.

    Eyewitnesses said the first incident took place on Oyun Bridge along the University of Teaching Hospital Road.

    The woman was alleged to have ‘confessed’ that she was working with a team of other kidnappers, who have been mandated to kidnap a certain number of children.

    It was gathered that the woman also ‘confessed’ to have kidnapped five children from the same area and was on her way to abducting the sixth, when some people accosted her.

    She was unable to give satisfactory answers to their questions, they were said to have raised the alarm, which attracted the crowd that lynched her.

    Police spokesman Ajayi Okasanmi confirmed the incident.

    In a statement, Okasanmi warned against attacking people, who are likely to have mental challenges and are being mistaken for ritualists.

    The statement reads: “The Commissioner of Police, Ambrose Aisabo, wishes to warn the public not to take the law into their hands.

    “Meting jungle justice to people suspected to be kidnappers, who are in most cases wrongfully accused, must stop immediately.

    “The command will not shirk in its responsibilities of dealing with any individual/group of people caught in such acts of unbridled lawlessness.

    For the purpose of emphasis, any suspected person is to be handed over to the police.”

  • Jungle justice for kidnap suspect in Kwara

    Jungle justice for kidnap suspect in Kwara

    The end came yesterday for a woman kidnap suspect in Ilorin, the Kwara State capital, as a mob set her ablaze.

    The arrival of some policemen saved two others from being lynched at the Saw Mill Garage area.

    Eyewitnesses said the first incident took place on Oyun Bridge along the University of Teaching Hospital Road.

    The woman was alleged to have ‘confessed’ that she was working with a team of other kidnappers, who have been mandated to kidnap a certain number of children.

    It was gathered that the woman also ‘confessed’ to have kidnapped five children from the same area and was on her way to abducting the sixth, when some people accosted her.

    She was unable to give satisfactory answers to their questions, they were said to have raised the alarm, which attracted the crowd that lynched her.

    Police spokesman Ajayi Okasanmi confirmed the incident.

    In a statement, Okasanmi warned against attacking people, who are likely to have mental challenges and are being mistaken for ritualists.

    The statement reads: “The Commissioner of Police, Ambrose Aisabo, wishes to warn the public not to take the law into their hands.

    “Meting jungle justice to people suspected to be kidnappers, who are in most cases wrongfully accused, must stop immediately.

    “The command will not shirk in its responsibilities of dealing with any individual/group of people caught in such acts of unbridled lawlessness.

    For the purpose of emphasis, any suspected person is to be handed over to the police.”

  • Should judges launch their memoirs?

    Should judges launch their memoirs?

    Despite efforts to rid the bench of corruption, subtle forms of it continue to manifest. A retired Chief Judge of the Federal High Court, Justice Abdullahi Mustapha, once condemned the practice of serving judges writing books containing excerpts of their judgments and launching them. To him, it is corruption. Some have suggested that judges should retire first before having their books published. Others think that if they must write while serving, they must not accept donations at the launch. What does the code of conduct for judges say, and how can they draw a line between social interactions and what they represent? JOSEPH JIBUEZE asks.

    The negative impact of a corrupt judiciary can not be overstated: it fuels insecurity, it diminishes trade, economic growth and human development; and most importantly, it denies citizens justice or an impartial settlement of disputes.

    A judicial system debased by bribery undermines confidence in governance by facilitating corruption across board, starting at the helm of power. It is for this reason that an internal disciplinary control mechanism was established to deal with erring officials.

    Corruption manifests in various forms in the judiciary, especially in bribing judges to alter judgments, but there are also other subtle forms of corruption on the Bench.

    A former Chief Judge of the Federal High Court, Justice Abdullahi Mustapha, referred to one of such when he condemned the practice of serving judges writing books, some based on their judgments, and having them launched. To him, this is an act of corruption that must not be tolerated by the National Judicial Council (NJC).

    Is it, therefore, wrong for judges to write books and have them launched? Should they wait till they retire before writing such books or having them written in their honour? How can they ensure that they do not violate their judicial oath?

     

    What the rules say

    Critics say judges violate the Code of Con-

    duct for Public Officers when they in-

    vite the public to their book launches and receive monetary donations from them.

    Item 6 of the Code in the Fifth Schedule

    of the 1999 Constitution, which deals

    with ‘Gifts or Benefits in Kind’, states: “(1) A public officer shall not ask for or accept property or benefit of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

    “(2) For the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of said sub-paragraph unless contrary is proved.

    “(3) A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognised by custom; provided that any gift or donation to a public officer on any public ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift shall not be treated as a contravention of this provision.”

    Analysts say while it is not wrong for a judge to write a book, it should not be based on the judgments he delivered. This is because the judgments belong to the state, and not to him. Any member of the public interested in obtaining such judgments has to pay the government for it, and any ‘donations’ or gifts received belong to the state.

    But there are fears that some serving judges have violated this provision. Such occasions also expose judges to easy access by potential litigants, which could lead to a flouting of the Code of Conduct for Judicial Officers.

    Rule 1 (2a) of the Code says on ‘Social Relationships’: “A judicial officer must avoid social relationship that are improper or give rise to an appearance of impropriety, that cast doubt on the judicial officers’ ability to decide cases impartially, or that bring disrepute to the judiciary.”

    On ‘Acceptance of Gifts’, the code states: “A judicial officer and members of his family shall neither ask for not accept any gift, bequest, favour or loan on account of anything done or omitted to be done by him in the discharge of his duties.”

    In the opinion of some lawyers, judges who violate such codes should not be allowed to get away with it. The effectiveness of the judiciary depends to a large extent on the public’s confidence in the ability of judges to fairly and impartially administer justice.

    A professor of Law, Okechukwu Oko, said: “That so many judges are willing to ignore their oath of office and distort the legal process for personal and monetary gain remains one of the most pernicious impediments to a fair trial in Nigeria.”

    Observers believe NJC needs to show greater consistency in its interventions to weed out corrupt elements in the bench, no matter what form it manifests.

     

    Lawyers condemn practice

    A Senior Advocate of Nigeria, Norrison Quakers, believes judges receiving gifts in any form, including donations from book launches, while on the bench is an infraction of the Code of Conduct for judges.

    He said: “If a judge is found to have breached his judicial oath of allegiance, he can be sanctioned. The Code of Conduct Bureau is also responsible to prosecute such a judge because the judge is a public officer under Part 2 of the Constitution. You have more than enough laws to rely on to prosecute.

    “The challenge we have is the agencies that are responsible for prosecution are also not living up to their responsibilities. Rather an embarrassing a judge, if you have overwhelming facts, by all means, proceed against the judge, have him arrested, but that’s after the NJC has taken its position, because NJC can only work on facts made available to it.”

    Quakers argued that it is wrong for judges

    to share in the proceeds of books

    launched in their honour, or to accept donations from such works.

    “Is it right for any judicial officer to have a book launched in his honour? My answer to that is that following the provisions of the Constitution, it’s wrong. Item 6 talks about gifts. Gift comes in all forms.

    “If you launch a book, you can’t draw the line between those who have matters before you and those who don’t, except notorious cases where you see people that have matters before you also in attendance.

    “If that is the case, then it’s not out of place to allege compromise. What is the essence of delivering a judgment wearing a blindfold? It is to dispense justice without fear or favour, ensuring you’re not influenced.

    “If you have a tendency to have favour with someone who attended your book launch, and the person was perhaps the largest donor and the person has a matter before you, the rule of natural justice dictates that you should let go of that matter.

    “We’re human beings. I cannot shut my eyes to someone who attended my book launch and gave me money when this person has a matter before me, but that’s why the provision is there that under no circumstance should you receive a gift in connection to the performance of your duty.

    “This cuts across public officers. Judicial officers cannot isolate themselves from the provisions of the Code of Conduct. To that extent, my answer is no, it is not right,” Quakers said.

    To him, a judge can write a legal book not based on the judgments he delivered, and can have the publications sold in book shops.

    “I know a judge who has written several legal books but has never had a book launch. His books are on sale. He does the books and gives them to publishers to sell.

    “There is a justice of the Court of Appeal who is also an author. He’s a professor of law, highly cerebral, very well-guided in law. He has a Ph.D, but he’s never had a book launch. So, if you have a judge who is intellectually gifted to write, yes, you can write.

    “However, there is no intellectual content in some of the books that are being launched. What do they do? They put judgments together. The judgments being out together don’t belong to the judges who put them together, particularly when you’re a serving judge.

    “As a public officer you’re being paid to do that job. Whatever you come up with belongs to the state. Your judgment belongs to the state. You can’t give those judgments out. But if you retire from the bench, you can do a book launch for posterity.

    “It is not out of place for a retired judge to do a book launch; it is not out of place for a serving judge to write a book, but should not do a book launch.”

    Another SAN, Yusuf Ali, said the NJC should set clear-cut guidelines on judges writing books.

    “I believe it’s high time the NJC set out a code of conduct on the issue. No one should be sanctioned for past events since I’m not aware there was any express Code of Conduct for serving judicial officers on the issue.

    “I support the call that serving judicial officers should wait till they retire before launching any book or other publications either directly or by anyone on their behalf,” Ali said.

    An Abuja-based lawyer Iheanyi Maraizu said: “I agree with the view that a serving judge should not write books containing their judgments while still in office, launch such books and accept donations from the public.

    “This is because the position of a judge is delicate. They need not do anything that is likely to compromise their positions. For instance, the same person who donated money may appear before the judge the next day either as a litigant or as an accused person. He may then expect the judge to pervert the course of justice.

    “There is nothing wrong with a serving judge writing books, but it should not contain his judgments and it should not be presented to the public while he is in office.”

    Founder of the Coalition of Lawyers for Good Governance, Mr Joe Nwokedi, said: “Judges should be heard and not seen, otherwise the society will corrupt them and justice will be adversely affected. Therefore, for a serving judge to write a book containing her judgments is absolutely condemnable as that amounts to advertisement which is against the ethics of the profession.

    “To go ahead to launch the book and accept donations from the public amounts to corruption and this can lead to bias. As such, a judge may not have the moral ground to hear cases brought by the donors equitably. It is, therefore, wrong as it is an abuse of the judiciary. A judge ought to retire before publishing a book and the offenders should be sanctioned.”

    Lagos lawyer Emeka Nwadioke said such practice by judges must be discouraged. “I take the view that such conduct may constitute judicial misconduct and misbehavior and may entail disciplinary action by the relevant authorities as set out by the ‘Code of Conduct for Judicial Officers.’

    “Indeed, it is unsurprising that the preamble to Rule 3 of the Code is to the effect that ‘A Judicial Officer should regulate his Extra-Judicial Activities to minimise the risk of conflict with his judicial duties.’ For instance, how does a huge donation by a ‘chief launcher’ impact on judicial impartiality? Can a litigant be justified in asking the judicial officer to disqualify himself should such chief launcher or interests to which he is connected appear as a party before the judge?

    “If marketing of the publication takes an inordinate portion of the judge’s time, will this not adversely impact the performance of his judicial function? Can such activity not properly be called the exploiting of a judge’s judicial position? I answer most of the above questions in the affirmative.

    “Also, given that the Code bars judges from accepting gifts or favours for ‘account of anything done or omitted to be done by him in the discharge of his duties,’ can it not be said that such activity is prohibited by implication and by the spirit of the Code, even if such writing is not considered one of the ‘duties’ of a judge? What is the assurance that all the gifts and ‘donations’ are from relatives or personal friends?

    “While such activity by judicial officers is to be discouraged except if done without remuneration or upon retirement, the conditions of service of judicial officers must be improved upon to obviate the temptation of attempting to provide for the rainy day through means that tend to compromise judicial impartiality and lower the esteem of their high office,” Nwadioke said.

     

    Divergent views

    However, chairmen of the Nigerian Bar Association (NBA), Ikeja and Lagos branches, Onyekachi Ubani and Alex Muoka, do not see anything with a judge having a book launched.

    Ubani said: “That will be taking definition of corruption too far. However, it will depend on several factors. If the intention is to cajole people and make them part with money while serving, it may be regarded as not too good, but if the intention is to add knowledge and show enterprise while still serving, then nothing is wrong with that.

    “I want to have this belief that any serious minded judge will not be influenced unduly because somebody has purchased his or her book written while in service. It will be pedestrian to reach such conclusion that because somebody’s books are purchased while in service, that it amounts to corruption without visible proof of corruption or corrupt enrichment.

    “I understand the sentiment of the retired judge, which is to avoid abuse but I do not agree with his wholesale conclusion that it amounts to corruption without paying attention to other variables.”

    On whether it amounts to corruption, Muoka said: “I do not agree. The fact of publishing and launching a book while serving is not corruption if it is done properly. The value of publishing good works cannot be over-emphasised.

    “Apart from reporting of their judgments by others, it is very helpful to practitioners and the public for erudite judges to record their thoughts in permanent publicly available format, provided they bear in mind the need not to appear to take a position on an issue before them.”

    Lagos lawyer Jonathan Iyieke said

    there is no law forbidding judges

    from launching their books. “I am yet to know any law in existence that forbids writing and launching books. I don’t think it amounts to corruption simplicita to accept donation on a book launch. What is material is the attitude of judges.

    “A judge that upturns judgments in favour of a party practically on the premises of donation is worse than HIV/cancer and should be rooted out of the system. Until our focus on fishing them out is equated with criminal penalties prescribed on corruption, stopping overt donation on a book launch cannot eradicate the covert ‘donations’ going on on daily basis,” Iyieke said.

    Constitutional lawyer Theophilus Akanwa said he did not agree that a judge launching a book containing his judgments amounts to corruption. “I do not see the dictionary meaning of corruption which is ‘lack of integrity or dishonesty; the use of a position of trust for dishonest gain is not applicable in the scenario painted.

    “Is our law reports published by private individuals not the works of our various judges? Most of these reports are the works of sitting judges. There is nothing wrong for the members of the public to launch such books because in doing so, the launcher buys a good number of such books thereby making it available to the public e.g. in libraries.

    “Allowing some of the judgments to come out in the public domain is good and will enhance the knowledge of our laws because most of these judges deliver very sound judgments which end in their court files as they are not often published. The judge’s wealth of experience and agility is more pronounced while serving and not on retirement, hence they should not be restricted to retirement before publication.”

     

     

  • Jungle justice

    Jungle justice

    •Nigeria’s security forces should not imitate Boko Haram’s brutality

    Amnesty International’s recent allegation that an estimated 950 Boko Haram suspects died in custody during the first half of 2013 is a troubling reminder of the fact that a scorched-earth policy cannot guarantee an effective end to the militant Islamic insurgency plaguing Nigeria.

    The human rights body claimed that a senior officer in the Nigerian Army had revealed that the suspects, held in detention centres in Borno and Yobe states, were dying of starvation, lack of treatment after beatings and torture, and extra-judicial executions. Amnesty researchers claim to have seen the emaciated corpses of suspects in a government-run hospital in Maiduguri, brought there by members of the Joint Task Force.

    It is disheartening that these allegations have arisen even as the JTF is being lauded for strategic successes against Boko Haram and other militants whose indiscriminate acts of mass violence have shocked the nation and the world. Regardless of whether the specific accusations levied by Amnesty International against the JTF are true or not, there has always been the feeling that the rules of engagement under which the task force operates have suffered from a troubling lack of clarity.

    Indigenes of Borno State have continually complained that the JTF’s tactics in its war against the militants leaves a lot to be desired. Mass arrests have led to the disappearance of many young men who have never been seen alive again. The demolition of buildings has rendered many innocent citizens homeless and destitute. There appear to be no restrictions on what members of the task force can do, even when some of their actions clearly violate the fundamental human rights of citizens.

    Although the JTF is unlikely to accept Amnesty’s accusations wholeheartedly, it cannot be denied that this type of behaviour is not a sadly familiar phenomenon in Nigerian life. The country’s history is littered with extra-judicial killings and human-rights abuses routinely perpetrated by the police, the military and other agencies ostensibly entrusted with the protection of the citizenry. Long-distance traders, students, unionists and ordinary citizens have all been victims of the excessive use of force by individuals who consider themselves above the law. Indeed, the Boko Haram insurgency attained new levels of violence precisely because of the extra-judicial killing of its then-leader, Mohammed Yusuf.

    The perpetration of human-rights violations by security agencies poses a great danger to the fight against Islamic insurgency in the country. First, it makes it all the more difficult to win the battle against the insurgents. Excessive brutality by the JTF and other security agencies will only offer the militants the handy excuse that they are fighting against “oppressors” and will help to accelerate the recruitment of disaffected youths into their ranks. Intelligence-gathering is hampered, the insurgents are hardened, and host communities are alienated.

    Secondly, the growing perception that the methods of the JTF are no different from those of Boko Haram and other militants will cost Nigeria dear in terms of local and global credibility in its war against Islamic insurgency. The international and domestic support that is so vital to winning the fight against terrorists will be negatively affected, and the nation’s capacity to garner logistical and other assistance will be correspondingly hampered.

    Nigeria’s security agencies must resist the temptation to descend to the same level as their militant adversaries, even while remaining committed to the necessity of meeting force with force. If indeed Amnesty International’s allegations are without foundation, then there should be nothing to hide. A comprehensive investigation should be carried out into the treatment of suspects. Humane rules of engagement should be drawn up and made clear to all security operatives and host communities. All violations of human rights must be thoroughly dealt with. It would be tragic if the nation’s gallant armed forces ultimately come to be seen in the same light as its murderous adversaries.