•Recount how he was killed The widow of the human rights activist, Mr. Kunle Fadipe, who was murdered in his Harmony Estate, Ogba, Lagos home, last Thursday by an unknown attacker, pleaded yesterday with the police to find his killer. “Please, my husband’s killing must not join the long list of unresolved murder cases, she said.” Mrs Kemi Fadipe and her injured son, Folahan, said justice is the only balm that could assuage the pains that the murder of their bread-winner has left in their hearts. “Only God knows when I will recover from this shock,” Folahan, 17, a student of Afe Babalola University, Ado-Ekiti (ABUAD), told The Nation. Kemi, who said she would miss everything that her slain husband stood for, insisted that the incident must be investigated and the mastermind brought to justice. She described her husband as a straight-forward person who would not engage in any deal that could have warranted his killing. In agony, she said that although she initially thought her husband’s attacker was a robber when he demanded money immediately he entered the house, the way he stabbed her husband made her to realise that he could actually have been “a professional killer”. She said: “Upon reflection, I have come to the conclusion that my father’s killer is a professional. He stabbed my husband on the left side of his neck and the left armpit – all indicating that he knew the most fatal places to strike a human body. “I also realised that he was too much in a hurry. He was asking for too many things at the same time and threatening that somebody would die if all were not met. As he was asking for money, laptop and phones, he was not patient even when he saw that my husband and all of us were cooperating with him.” Mrs Fadipe said her husband had gone upstairs to get money for the assailant after demanding laptop, adding: “They were still on the staircase when he began to rain slaps on my husband. When my husband turned back to know the reason behind the assault, he was met with a terrible stab in the neck and that was when we knew he might have come for something else.” She added: “We hit the man with stool, wood, bottles and everything, but he just kept on stabbing my husband.” Folahan, who said he could not believe that his father would not survive the assault, recalled that he had gone out to switch off their generating set when the man suddenly stabbed him in the head with a knife. “When I looked up, he made to strike me again, but I blocked the knife and he cut my right hand. At that point, I ran inside and alerted my father, who ran out and upon seeing me in a pool of my blood, he accosted the man and asked him what he wanted. “The man demanded N500,000 and my father said he didn’t have that amount. He mentioned another amount and my father led him upstairs. They were still there when the man started demanding laptop and other things and just as my father was coming downstairs to hand those things over, he started slapping him and before we knew it, he was using the knife he brought with him on my father.” “We fought him, but he was too powerful for us. He must have been high on drugs because everything we hit him with had no effect on him. We attacked him with sticks, wood and bottles, but they had no effect on him. But we succeeded in blindfolding him with a curtain and that was how we prevented him from escaping,” he said. He urged the Inspector General of Police, Mr Muhammed Abubakar, to ensure that those behind the dastardly act are brought to book. Folahan, who praised the police for their investigations into the matter, urged them to ensure that his father’s killers are unmasked and the reason behind his killing exposed. Meanwhile, eminent Nigerians have been trooping into the Fadipes’ home to condole with the family and pay their last respects to the departed human rights fighter. At his house on Saturday were: Mr. Femi Falana (SAN); founder of Coalition Against Corrupt Leaders Mr. Debo Adeniran; Chairman of Ejigbo Local Council Development Area (LCDA) Mr Kehinde Bamigbetan and his counterpart at the Ifako Ijaiye Local Government, Apostle Oloruntoba Oke.
Tag: Justice
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Adoke for justice or injustice 2
Olu Onagoruwa who was a proud member of the club of progressive lawyers found himself serving under the Abacha administration. It is to his eternal regret as he got more than he bargained for between 1993 and 1995. Michael Agbamuche succeeded him in 1995 and remained in office till 1997. Under the Abacha regime, the man who was trusted to do the job was Professor Auwalu Yadudu who was the Legal Adviser to the maximum ruler.
Yet, the men were made to feel important, passing off to the public as AG. A well respected Abdullahi Ibrahim was AG in the last year of the regime during which period he plotted to transmute from a military dictator to a sort of civilian ruler. The strategies to get the job done, including getting the political parties registered to adopt Abacha as sole presidential candidate fell on the Kano General’s inner caucus of political and legal advisers. General Abdulsalami Abubakar retained Ibrahim in the office until the handover to General Obasanjo as the first civilian President of the Fourth Republic in 1999.
Those who have served in the office since 1999 include Kanu Agabi, the assassinated Bola Ige, Bayo Ojo, Chief Olujinmi, Adetokunbo Kayode, Michael Aondoakaa and Mohammed Bello Adoke, the incumbent who has been on the seat since April 2010.
This piece is not for profiling the AGFs, but calling attention to the roles they are meant to play and how they missed it. Rather than act as conscience of the society, they all interpreted their roles to mean supporting the government of the day at all cost. They have been more of aides to the President than the people’s advocates.
Under Chief Olusegun Obasanjo, it did not matter to the law officers that the more power the President ascribed to himself, the more democracy suffered and the country sank. They chose to look on, or even hail the emperor as he made to clobber everyone to submission. They served the President well, but failed the country and their fellow compatriots.
During the reign of President Umaru Musa Yar’Adua, Michael Aondoakaa was credited with serving as adviser to the infamous cabal. Even his colleagues at the Bar felt ashamed by the conduct that, following due trial, he was removed from the roll of senior lawyers as soon as he was made to step down from the office. As long as it lasted, he enjoyed official and unofficial power. He promoted himself as The Law.
Then, he was succeeded by Adetokunbo Kayode for about one month, before paving the way in March 2010 for the incumbent who found favour with Dr. Jonathan. Bello was not so well known to the public before he mounted the saddle. Since then, he has stumbled many times, opting to err on the side of the President at all times. At the end of his term, he would be judged by his handling of the two anti-graft agencies that report to him.
On a personal note, all he did to clear himself of insinuations that he had a share in the multi-billion Naira Malabu Oil Deal believed to have compounded the woes of the country was a terse statement by a media aide who said his principal would be willing to submit himself to a probe on the matter. He did not offer to step down to allow a thorough probe, knowing that both the EFCC and the ICPC take instructions from him. The alleged scam was brought to the fore by the |House of Representatives, not a frivolous body or an anonymous petitioner. It could be asked, too, how diligent have indicted high profile public officers been prosecuted in the courts? What has he done in respect of getting to the root of the Haliburton scandal? The plot to shield the Petroleum Affairs Minister from a probe into how she purportedly spent N10 billion public funds on trips by private jets has been blocked by the minister without a word from the Justice ministry. What innovation has the AGF brought to the administration of office in the past four years?
The withdrawal of charges against Mohammed Abacha, ostensibly to enable him contest the Kano governorship election on the PDP platform is the latest in the series of anti-people conduct of this AGF. It is an illustration of the disgust the AGF has for his country. If he has respect for his pre-assumption of office attainments, he should resign now and issue a statement that he was being made to act against his conscience. Otherwise, he would qualify to be named an enemy of the people. Abacha was named the fourth most corrupt public officer in the world. Yet, his son who had approached the Supreme Court to be freed from corruption charges on account of a non-existent immunity has the audacity to get officials of state to clear the way to obtain the immunity.
To be continued.
Bolade Ominojo
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Justice for Toba
•The Fed Govt must step in to get justice for Toba Falode allegedly murdered in Dubai
AISHA Falode is a grieving mother, contending with the pang of losing a promising 19-year old son, who virtually had the world at his feet.
That the boy died in his prime was bad enough. Worse still, he was allegedly murdered; and this heinous crime the alleged murderers were trying to pass as an accidental fall.
But the unkindest cut of all: the United Arab Emirate (UAE) police are alleged to be masterminding a cover-up to bury the crime.
The Nigerian government must exert all legal and diplomatic pressures to get to the root of the matter; and expose any cover-up, if indeed there was one.
True, that will not bring back life to the dead. But it would offer a grieving mother some cold comfort that the alleged killer of his boy did not escape justice. Most importantly, it would help avert any such future crimes. Who knows in whose household such a tragic bell would next toll?
The reported death of Toba Falode, a 19-year-old student at SAE Institute, music and performance arts, university in Dubai is blood-chilling. The official story is that Toba fell off the balcony of his 17th floor apartment in Dubai. But Ms Falode found his son might have been pushed, by a Saudi youth whose father has extensive investment in UAE, after a reported scuffle for the attention of a British girl.
Faisal Aldakmary Al-Nasser is the primary suspect, alleged to have pushed Toba from his 17-floor apartment to his death on February 15. From Ms Falode’s account, the Dubai Police apparent lack of interest in the case and alleged attempt at cover-up arise from influence his father logs, as a big investor in UAE.
Aside, except the Nigerian government pushes for the re-opening of the case, it is as good as dead. This is because, by extant international laws, only a government, not an individual, can force the UAE authorities to ask the Dubai police to reopen the case.
In the name of justice and fair play, the Nigerian government must intervene — and fast too. That would at least reassure Nigerians, wherever they are, that their government cares for their welfare and security.
On the balance of available evidence, there appears indeed enough ground to suspect a cover-up. To start with, as at the time of Toba’s fall, there is evidence of a scuffle. Present at the 17-floor balcony were Toba, Al-Nasser and Olivia Melanie Richards Evans, the Briton girl between them.
Other friends in Toba’s room reportedly heard sounds of a scuffle; and by the time Ms Evans and Al-Nasser emerged, with the Saudi announcing that Toba had fallen off the balcony, Al-Nasser reportedly had blood stains on his shirt and a fresh wound on his knuckle, suggesting some earlier struggle, that preceded Toba’s fatal fall.
Al-Nasser, with the Dubai police, claims it was a fall. Ms Falode insists it was a push. The bounden duty of Nigeria is to find out the truth; and, if there is foul play, ensure whoever was guilty got his comeuppance by law.
This is imperative because there is a relay of news of Nigerians being serially killed in foreign lands. That should stop. But that would be if the Nigerian government takes a stern stand on this running tragedy. By starting with the Toba Falode case, it could well be the dawn of a new era.
Having said that, there is a word of advice for Nigerian parents and guardians whose children and wards live or school abroad. Quite a number of these kids and young adults are just dispatched there without proper supervision. That is not good enough. If parents give their children proper guidance on how to avoid getting into harm’s way overseas, surely cases of tragic deaths and other disasters will reduce.
Even then, the Nigerian government bears vicarious responsibility for such tragedies. Toba, like most of these Nigerian foreign ensemble studying abroad, would probably go to school at home if there were opportunities. But the reverse is the case. Governments at all levels should therefore ramp up investment in social infrastructure.
Still, Toba deserves justice. It must not be tolerated that a human being, no matter how rich and influential, could throw another, from a 17-floor balcony to his death. That is absolutely unacceptable.
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Bill on plea bargain, criminal justice reform scales second reading in Senate
A Bill seeking to introduce plea bargain into the nation’s laws and dealing with the delay in the dispensation of criminal justice in the country scaled yesterday second reading in the Senate.
The bill entitled: ‘Administration of Criminal Justice Bill, 2013,’ had been passed by the House of Representatives which then forwarded it for the concurrence of the Senate.
Senate Leader Victor Ndoma-Egba, in his lead debate, noted that the bill seeks to repeal the Criminal Procedure Act Cap C41 Laws of the Federation of Nigeria 2004; the Criminal Procedure Act (Northern States) Cap C42 Laws of the Federation of Nigeria; the Administration of Justice Commission Act Cap A3 Laws of the Federation of Nigeria; and enact the Administration of Justice Act to be applicable in Federal Courts and Courts of the Federal Capital Territory.
Ndoma-Egba lamented that for several decades, Nigerians have lived with a criminal justice system that “is grindingly slow and open to abuses, rendering it most effective.”
According to him, from the police stations to the courts and the prisons, the “system has delivered everything but justice and the society has been worse for it.”
He bemoaned a situation where court cases drag on to the point that conviction becomes unlikely, “as witnesses may no longer be readily available; and where they are available, some facts relating to the case would have been distorted, so much so that the essence of seeking justice by litigants is lost.”
Consequently, he said many aggrieved citizens now shun the courts because they do not believe their cases could be disposed off in their life time let alone get Justice.
Part of the problems the system has, he said, was its inability to apply commensurate punishment to infractions.
He added: “It is common to see a court give maximum sentence to a petty thief while those who stole billions of Naira from the public coffers get far lesser sanctions for their crimes when convicted by the court.
“There have been instances where some accused persons win elections in the course of trial to an office they can manipulate the system or enjoy immunity from prosecution.”
He stated that the primary objective of the bill is to ensure speedy and efficient administration of criminal justice in the country.
“It seeks to bring together the Criminal Code and Penal Code into one body of law so as to promote uniformity, protect the society from crime and protect the rights and interests of accused and victims in criminal proceedings in the country.”
He added: “The bill deals fundamentally with the problem of delay in the dispensation of criminal justice, which unarguably remains the most perturbing aspect of criminal justice delivery.
“Essentially, the bill makes provisions for speedy and efficient administration of criminal justice in courts across the country.
“In this regard, restriction on number and interval of adjournments, electronic recording of trials to reduce the problems associated with trial de novo of part-heard matters, limits adjournment of cases to give times and not more than 14 days intervals between adjournments.
“The bill introduces plea bargain into Nigeria’s Criminal Justice Administration. Though plea bargain is being employed in our courts to resolve high profile cases, it is being applied haphazardly due to the absence of an enabling legislation in the country.
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Achieving speedier dispensation of justice
Author: Prof. Epiphany Azinge (SAN)
Publishers: Nigerian Institute of Advanced Legal Studies (NIALS)
Number of Chapters: Eight Chapters
Book Reviewer: Izuomah Egeruo-AdinduReview of the book on the role of costs and adjournments in the expeditious dispensation of justice in the Nigerian courts.
The book which aims at examining The Role of Costs and Adjournments in the Expeditious Dispensation of Justice in the Nigerian Courts is divided into 8 chapters. It is a field project initiated by the Director General of Nigerian Institute of Advanced Legal Studies, Prof. Epiphany Azinge SAN. The project examined the epileptic nature of the Nigerian Judicial System, which is filled with unreasonable adjournments thereby taking away the trust and confidence reposed in it by litigants.
Chapter 1 introduced the book and listed the problems and issues militating against the speedy resolution of disputes before the Nigerian courts. These include but not limited to: poor facilities, insufficient budgetary allocation, inadequate personnel, training and capacity building challenges. The essence of the research project identified as institutionalised procedural practices in Nigerian courts were also listed in this chapter. In addition, it also captured in detail the research methodology used in arriving at the answers to the numerous questions raised in the book.
Chapter 2 dealt with surveys illustrated with charts on the mechanism of costs and adjournments as applied in FCT courts. The practitioners that participated in the Legal Practitioners Survey fulfilled the practice location, post call and civil law practice requirements. For the litigants who completed the Litigants Survey, selection was based on their involvement in civil proceedings for at least one year prior to the time of the survey. The litigants were located at the various High Courts of the Federal Capital Territory. A total number of 90 legal practitioners participated in the FCT Legal Practitioners Survey, out of which 61 practitioners, equivalent to 68 percent of the total number of respondents, had had Immediate Costs awarded in their favour while 29 participants, representing 32 percent of the total number of the Abuja participants had not.
Chapter 3 dealt with surveys illustrated with charts on the mechanism of costs and adjournments as applied in courts in Asaba, Delta State. A total number of 43 legal practitioners who fulfilled the mandatory requirement already mentioned in chapter 2 above participated in the Asaba Legal Practitioners Survey. Out of the 43 legal practitioners that completed the survey, 18 practitioners, equivalent to 41.86 percent of the total number of respondents had had Immediate Costs awarded in their favour, while 25 participants, representing 58.14 per cent of the total number of the Asaba participants had not.
Chapter 4 dealt with surveys illustrated with charts on the mechanism of costs and adjournments as applied in courts in Lagos State and Nigeria. The practitioners that participated in the Legal Practitioners Survey in Lagos fulfilled the practice location, post call and civil law practice requirements. For the litigants who completed the Litigants Survey, selection was based on their involvement in civil proceedings for at least one year prior to the time of the survey. The litigants were located at the various High Courts in Lagos. A total number of 163 legal practitioners participated in the Lagos Legal Practitioners Survey, Out of which 101 practitioners, equivalent to 61.96 per cent of the total number of respondents had had Immediate Costs awarded in their favour while 62 participants, representing 38.04 per cent of the total number of the Lagos participants had not.
Chapter 5 dealt with surveys illustrated with charts on the mechanism of costs and adjournments as applied in some courts in Maiduguri, the Borno State capital. The practitioners that participated in the Legal Practitioners Survey fulfilled the practice location, post call and civil law practice requirements. For the litigants who completed the Litigants Survey, selection was based on their involvement in civil proceedings for at least one year prior to the time of the Survey. The litigants were located at High Courts in Maiduguri. A total number of 40 legal practitioners participated in the Maiduguri Legal Practitioners Survey, of which 21, equivalent to 52 per cent of the total number of respondents had had Immediate Costs awarded in their favour while 19 participants, representing 48per cent of the total number of the Maiduguri participants had not.
Chapter 6 dealt with surveys illustrated with charts on the mechanism of costs and adjournments as applied in some courts in Makurdi, Benue State. The practitioners that participated in the Legal Practitioners Survey fulfilled the practice location, post call and civil law practice requirements. For the litigants who completed the Litigants Survey, selection was based on their involvement in civil proceedings for at least one year prior to the time of the survey. The litigants were located at High Courts in Makurdi .A total number of 14 legal practitioners participated in the Makurdi Legal Practitioners survey, out of which 11 practitioners, equivalent to 78.57per cent of the total number of respondents had had immediate costs awarded in their favour while three participants, representing 21.43per cent of the total number of the Makurdi participants had not.
Chapter 7 is an electronic survey designed to accommodate legal practitioners based in some parts of the country not covered by the paper survey. The online invitation to participate was targeted at legal practitioners who met the post call and civil law practice requirements, like the paper survey and 22 legal practitioners from various parts of the country participated. Their response was also illustrated with charts in that chapter.
Chapter 8 which is the last chapter, contained the overall report and analysis of data obtained by the team of researchers from the Legal Practitioners and Litigants surveys in the five locations mentioned above ( FCT, Asaba, Lagos, Makurdi and Maiduguri) and the E-Survey, all illustrated with a chart. It was stated in that chapter that a total of 372 legal practitioners took part in the Legal Practitioners Survey, and out of the 372 legal practitioners,220 had had Immediate Costs awarded in their favour in a given case, the chapter also dealt with Some of the conducts and actions cited by practitioners in all the location that gave rise to the award of costs (Immediate Costs and Postponed Costs)and they include: failure to file court processes and adjournments/deliberate acts to prolong case.Thus ,the project is not without lacuna as it failed to cover the six geopolitical zones and the response from the E -Survey is inadequate.
The research is detailed and will not only guide the Nigerian Judiciary in quick dispensation of justice but also assist in restoring the confidence reposed in the Judiciary as the last hope of the common man. This book is, therefore, recommended for all the courts in Nigeria ranging from the Apex court (the Supreme Court) to the Magistrate court, Legal advisers in government offices and parastatals, company secretaries, public prosecutors, law teachers and researchers, legal practitioners, law students, aspiring law students and the general public.
Izuoma Egeruoh-Adindu
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Justice for killer policemen’s victims
Though three of the policemen indicted in the killing of two bus passengers in Port Harcourt have been sentenced to death, all eyes are on the police to release the other accomplice to face the law, writes Precious Dikewoha
Clement Indyel is waiting for the hangman. His fellow police operatives, Sergeants Ali Bello and PC Auwalu Kwale, are also getting used to the prisons where they are to spend the rest of their lives.
For the three policemen, the journey to hell began on January 17, 2010 when they killed passengers of a bus when its driver refused to part with a N100 bribe.
They were sentenced by Justice Biobele Georgewill, who until some weeks back was of the Rivers State High Court. He has since been promoted to the Appeal Court.
The families of Ugochukwu Harcourt and Chinyeaka Kamalu, who were shot to death by the convicted police officers, said the victims were inside the bus heading to their various destinations before the policemen killed them.
“When they got to Agip Junction, Rumueme in Obio/Akpor Local Government Area of Rivers State, the driver was confronted by police officers who demanded for the usual bribe of N100. The inability of the bus driver to say no to such illegal transaction made the officers to pursue him until they got to the point where they shot at the bus leading to the death of two passengers with many that got injured,” said the Kamalu family.
On the day of the judgment, Justice Georgewill’s court was filled to its capacity. While reading the 51-page judgment, Georgewill said the only way the souls of the victims could rest in peace was for justice to be done. He thus declared: “Ali Bello and Auwalu Kwale are hereby sentenced to life imprisonment.” He entered his inner chamber and changed his Law gown to red and black, which signified death. He came back and said: “Clement Indyel is hereby sentenced to death by hanging.”
When the presiding Judge pronounced the death sentence on Indyel, the crowd at the court showed little sympathy for Indyel and his partners in crime.
The judge, who presided over the three-year long case, said the victims were sent to early grave by the armed police officers who were supposed to protect them.
The judge said the evidence given by ASP Emmanson Udoh, who works at the Forensic Science Laboratory FCID, Alagbon Close, Ikoyi, Lagos as a Ballistician with the Nigeria Police, confirmed the policemen’s guilt. The ballistician stated that on 21/1/2010 seven guns were brought to him from State CID, Port Harcourt for examinations and he carried out the examinations and issued a report on them, including four AK 47, one FNC Riffle, one K2 Riffle and one Beretta Pistol, three expended Shells of ammunition and one distorted bullet. He said as a ballistician he fired test shots with the suspected firearms and only the empty ammunition of the AK 47 Riffle that was brought to him while the rest did not have empty shells. The judge said the evidence given by ballistician however showed that the death of the passengers resulted from the act of shooting at the bus.
Justice Georgewill, while delivering the judgment, said: “The souls of these young boy and a girl, the hopes of their respective families and the future of this great nation, cut in their prime of life lies in the grave crying for justice from all those including the 1st ,2nd and 3rd Accused persons and the confederates of the 2nd Accused person in the Hilux Van on 17/1/2010 by whose hands they met their untimely gruesome death. The law is not a respecter of any persons. All those police officers and men in the Hilux Van should be re-arrested immediately and charged and tried fortwith for the murder of the deceased persons, for which the 2nd Accused has been convicted of manslaughter.”
Two days after the judgment was delivered, the counsel to the deceased Chidi Ekeh, who appeared for state, wrote a letter on behalf of the Attorney General of Rivers State directing Rivers State Commissioner of Police to produce the remaining officers who were suspects in the matter to face trial.
Mr. Prince Obiajunwo Dike, the President of Nigerian Democratic Awareness Forum (NIDAF) who was in the court room when the judgment was delivered, said: “In a case of this nature, I was expecting that more journalists would have been here to create awareness on the judgment so that people, especially Nigerian Police can read to learn.
“I just wonder if the state didn’t take up the matter, what would have been of the matter today? We are aware of the recklessness of officers of Nigeria police and as I speak to you, we are doing everything possible to ensure that we put a stop to the madness exhibited by officers of Nigeria Police. It is uncalled for to have officers using the guns bought with tax payers’ money to send the people they are supposed to protect to early grave. So, we are ready and willing to partner with state through the ministry of justice to ensure that extra-judicial killing will be minimised in our society.”
Chigozie Orlu Orlu, a human rights activist, said: “Remember the law is not a respecter of anybody. This is not just a crime but a murder case. If one will not consider the law to take the life of others, then the law will be considered based on merit to look at his legality or illegality of taking the life of others. But the truth is that there are a lot of extra-judicial killings in our society.”
For Kingsley Nwagwe, a lawyer, said “inasmuch as we cannot rule out crime in our society everybody must work hard to minimise it”.
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Akpabio seeks quick delivery of justice
Akwa Ibom State Governor Godwill Akpabio has vowed to end slow justice delivery in the state.
Speaking at a stakeholders’ meeting, he said the government would address issues that hamper smooth administration of justice.
At the meeting were members of House of Assembly Committee on Justice and Public Petitions, and a representative of the police.
The governor observed that prosecution of cases had been slowed down by judiciary budgeting impediments.
He said he would implement suggestions from the meeting as the government continues to seek better ways of improving judicial operations.
Akpabio praised the judiciary for doing justice despite challenges.
According to him, the aim should always be to ensure that “it is better for one criminal to be set free than for hundreds of innocent people to suffer a crime they did not commit.”
The state Chief Judge, Justice Idongesit Ntem-Isua said the Judiciary would continue to collaborate with the executive and the legislative arms towards a better society.
Attorney-General and Commissioner for Justice Ekpenyong Ntekim told reporters: “The meeting was to address issues that militate against smooth administration of justice in the state. We looked at a number of areas ranging from congestion of the court, inadequate court facilities and general funding of the judiciary.
“Certain steps have been taken and to be implemented, certain committees have been setup to ensure the implementation these policies. Also, the budgetary provision of the judiciary would be looked into by the legislative arm with a view to enhancing their operation generally.
“Hopefully, when these are brought to bear, we are going to have smooth operations in the justice system.
“There was no conflict between the executive and the judiciary. Issues that related to the three arms of government were smoothly addressed. All these arms of government belong to the same government, so you cannot be in conflict with yourself,” he said.
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Election petitions: Tools for timely dispensation of justice
Being the Paper delivered by Femi Falana (SAN) at the National Stakeholders Forum on Electoral Reform, Abuja, Nigeria, held from January 28-29 2014
Introduction:
The 2007 General Election was declared “a do or die affair” by President Olusegun Obasanjo. The election was marred by violence, ballot snatching and ballot snuffing by political thugs. The armed forces and the police who were deployed to various parts of the country to maintain law and order unleashed unprovoked mayhem on the electorate. The Independent National Electoral Commission (INEC) engaged in false declaration of results of elections.
The official impunity which characterised the election was confirmed in many election petitions. In Buhari v. Yar’Adua (2005) 50 WRN 1, the Supreme Court established that the ballot papers distributed and used for the presidential election were not marked and serialised as required by law. By a narrow margin of 4-3 the apex court upheld the result of the controversial election on the ground that there was “substantial compliance” with the Electoral Act, 2006 by the INEC. However, the results of several legislative and governorship elections were annulled by the election petition tribunals. In order to douse political tension in the country, President Umaru Yaradua admitted that the election was highly flawed and set up an Electoral Reform Committee headed by a former Chief Justice of Nigeria, Justice Mohammed Uwais. At the end of investigation into the fraudulent election, the Committee recommended inter alia the conclusion of all election petitions before the inauguration of an elected government and the setting up of an electoral offences tribunal for the prosecution of electoral offenders. Both recommendations were rejected by the Federal Government and the National Assembly. Although Prof Maurice Iwu was replaced with Prof. Attahiru Jega as the INEC Chairman the machinery of rigging in INEC has remained intact. Convinced that the 2015 General Election will not be fair and free the organisers of this programme anticipate that there will be a deluge of election petitions filed by aggrieved candidates. In leading the discussion on fashioning tools for timely dispensation of electoral justice it is my submission that the current legal system promotes unending election litigation aided by judges and lawyers.
Inec and preparations for 2015 general election
From 2012-2014, the INEC conducted three gubernatorial elections in Edo, Ondo and Delta State. The woeful performance of INEC in the staggered elections in the three states has questioned the preparedness of INEC to conduct credible election in 2015. The Edo State governorship election of July 14, 2012 was almost marred by lack of adequate voting materials. In fact, one of the candidates was compelled to collect the telephone numbers of the top officials of the INEC who were in the State for the election, called them and threatened to set the people after them if any voter was disenfranchised. Shortly after the telephone encounter, the election materials surfaced in all the voting centres.
With respect to the Ondo State governorship election of October 20, 2012, the INEC was accused by both the ACN and PDP of manipulating the voters register in favour of the Labour Party. In dismissing the appeals filed by both parties against the verdict of the Court of Appeal which had upheld the election of Governor Olusegun Mimiko the Supreme Court held that the Appellants failed to prove how the alleged injection of the voters register with 100,000 voters used for the election affected the credibility of the election. The apex court further held that most of the complaints were criminal in nature which ought to have been referred to the security agents for action.(see Thisday newspaper of August 30, 2013).
In the case of Anambra State the INEC deliberately refused to make available election materials in many voting centres in the area where an opposition candidate was believed to be popular. The manipulation was so glaring that INEC had to conduct a supplementary election in certain polling units within 24 hours. Embarrassed by the involvement of the INEC in the subversion of the electoral process the INEC Chairman, Prof Attahiru Jega publicly admitted that an official of the INEC colluded with some dubious characters to compromise the credibility of the election. According to him, ”The Electoral Officer in charge of Idemili North for some inexplicable reasons messed up the distribution of electoral materials. We strongly believe that there was connivance between the Electoral Officer and unknown agents to subvert the electoral process”. (Daily Trust, November 19, 2013).
From the foregoing, it is indisputable that the INEC is not in a position to conduct credible general election between now and 2015. Notwithstanding the assurance of Prof. Jega that the costly mistakes of the recent past would not be repeated in 2015 the INEC has not been purged of the officials who have been indicted by several election petition tribunals and courts for involving themselves in electoral malpractice since 2013. Apart from allowing such criminal elements to subvert the democratic process the INEC has refused to comply with section 10 of the Electoral Act which requires it to compile and update the national voters’ register on a continuous basis. But in defiance of the law the INEC prefers to engage in periodic registration and review of voters register on the eve of elections.
Even though the INEC has admitted that the voters register is defective in many respects Professor Jega has said that it has the required integrity to be used for any election in the country. (Nigeria Tribune, December 9, 2013). Since the voters register has become a template for rigging elections Nigerians should compel the INEC to put in place a mechanism for continuous registration of voters.
Pre-election petition:
In order to stop the imposition of candidates by political god fathers and money bags, section 87 of the Electoral Act requires political parties to conduct primaries or elect candidates by consensus. But due to lack of internal democracy party leaders impose candidates or substitute them at will. Since candidates who have been so short changed have the right to challenge the decisions of their political parties not less than 300 pre-election cases were filed before the 2011 general election. Some of the cases are still pending in the appellate courts.
Prosecution of election petitions
Since 2003 Nigeria has continued to record the highest number of election petitions in the world. The number of petitions rose to about 1,500 in 2007. Based on the change of the leadership of the INEC in 2010, coupled with the compulsory deposit of N400,000 by petitioners, the number of petitioners was reduced to about 500 in 2011. Unlike other countries where election petitions are tried within days or weeks, they are allowed to drag on for years in Nigeria. There are indications that some of the petitions filed in 2011 are not going to be concluded before the 2015 general election. The reasons for the anomaly are not far-fetched. Contrary to section 159 of the Electoral Act, 2006 which requires the INEC to grant access to election materials to litigants the INEC is in the habit of frustrating the inspection of voting materials by petitioners. In the process, petitioners are forced to apply to election petition tribunals to compel INEC to comply with the law. Even where orders are granted for inspection they are treated with disdain by the INEC in a bid to cover up electoral malpractice. It is our submission that applications filed in courts for inspection of election materials are no longer necessary as it has become a criminal offence under the Electoral Act and Freedom of Information Act to deny access to official records. In 2011 not less than 360 judges drawn from the various high courts in the country were appointed chairmen and members of election petition tribunals. The thousand of cases being handled by them were adjourned sine die as they were said to be on a national assignment. At the Court of Appeal and the Supreme Court appeals which are not related to election petitions are equally adjourned indefinitely. I have argued that since there is equality before the law the undue preference given to election petitions and appeals arising therefrom is discriminatory and illegal. It is also a violation of the fundamental right of litigants not involved in election petitions to fair hearing. To obviate the incalculable injustice done to innocent litigants sitting judges should not be appointed members of election petition tribunals. Since we have a pool of retired judges who sit in judicial commissions of inquiry and arbitration panels they should be appointed as members of election petition tribunals and appellate judges.
On their own part judges manning election tribunals and appellate courts allow litigants and counsel to engage in dilatory tactics while the judicial system permits all kinds of interlocutory appeals, most of which are designed to frustrate the hearing of election petitions. Thus, in the skewed interpretation of section 285 of the Constitution the Supreme Court has decided that any petition not heard within 180 days on account of interlocutory appeals has lapsed. In other words, petition alleging serious electoral malfeasance is not likely to be heard and determined if the INEC and the other respondents (who may have rigged the election) decide to exercise their right of filing preliminary objections and interlocutory appeals.
The tribunals and the courts also apply undue technicalities in the resolution of election disputes. In the process the judiciary has continued to contribute to the subversion of the electoral process. In some instances, petitions alleging grave electoral malpractices riggers on the ground that the petitions were not proved beyond reasonable doubt. In other cases, election petitions were decided on the balance of probability or substantial compliance with the Electoral Act. The electoral process has been so discredited to the extent that decisions of courts are now substituted for the mandate of the electorate.
Another delay was corruptly introduced to the judicial system in 2011 when a handful of senior judges and lawyers decided to have a bite at the cherry. Before then, appeals arising from governorship election petitions, like legislative elections, terminated at the Court of Appeal. But under the pretext that the Court of Appeal had delivered some conflicting judgments on election related matters the Constitution was amended to allow appeals from governorship elections to terminate at the Supreme Court. Since then the Supreme Court has been congested with appeals arising from gubernatorial elections.
Timely dispensation of election petitions
Since it is crystal clear that the INEC cannot conduct fair and free elections in the foreseeable future election petitions have become an integral part of our dysfunctional electoral system. In the circumstance, all relevant stakeholders ought to consider the following suggestions:
1. The INEC has just released the timetable for the 2015 general election. According to the timetable the presidential, governorship and legislative elections are scheduled to hold on February 14 and 28, 2015. Since the INEC is required by section 25 of the Electoral Act to appoint a date not earlier than 150 days and not later than 30 days to the expiration of the tenure of office holders the national assembly should amend the Electoral Act to enable the INEC to conduct the elections in December, 2014.
If the amendment is effected there will be a period of 180 days to deal with election petitions. However,if the law is not amended the timetable should be reviewed to allow all the elections to hold in one day during the first week of January 2015. If that is done there will be not less than 4 months to prosecute petitions arising from the elections.
2. As election petitions are said to be sui generis there is no basis for equating them with criminal cases where the prosecution is required to prove the case against a defendant beyond reasonable doubt. Since electoral justice is aimed at confirming the candidates elected by the people the proof of election petitions should be based on the balance of probability.
3. The onus of proving that valid and lawful election has been conducted should be discharged by the INEC. In other words, once a petitioner shows that elections were marred by irregularities, violence, inadequacies of election materials. In Buhari v. Obasanjo (2005) 19 WRN 1 at 166 Tabai JCA (as he then was) held “In this situation someone has to do more to show the veracity of his position. In my view, the party to do more to show the veracity of his position, should be the one who tried to show that election was held in accordance with the laws”.
4.Appeals arising from governorship election petitions should terminate at the Court of Appeal as was the practice before 2011. Furthermore, interlocutory appeals should be abolished in election related cases. Preliminary objections should be taken together with the substantive petitions. No petition should be struck out on technical grounds unless they challenge the jurisdiction of the tribunal or the qualification of the judges.
5. Election Petitions and appeals arising therefrom should be heard day by day until they are concluded. On no account should adjournments be allowed as a result of absence of counsel. Leading lawyers handling election petitions should be compelled to work with other colleagues who can hold their brief in their absence.
6. In addition to the Practice Directions issued by the President of the Court of Appeal for the management of election petitions the Nigerian Bar Association should produce guidelines for the activities of lawyers who handle election cases. The proposed rules of behavior should cover professional fees as some senior lawyers have recently been accused of serving as agents for some corrupt judges and promoters of money laundering for politicians.
7. Although INEC undertaken to commence continuous voter registration in 2014 the commission should stop comply with the law without any further delay. This will stop the crisis of supplying political parties and candidates with defective voters’ registers on the eve of elections.
8. I am not unaware that candidates returned by the INEC shall remain in office pending the determination of election.
Petitions they should be made to refund al salaries and allowances collected by them if they are ordered to vacate office on account of electoral fraud. On no account should criminals be rewarded for subverting the democratic process.
Electoral Offences Tribunal:
It is indisputable that electoral malfeasance is on the increase because of the culture of impunity in the land. The recommendation of the Justice Mohammed Uwais-led Electoral Reform Committee for the establishment of an electoral offences tribunal to prosecute electoral offenders was rejected by the Federal Government. However, the INEC has been vested with the prosecution of electoral offenders by virtue of section 157 of the Electoral Act. As the legal department of the INEC is not equipped to carry out the prosecution of electoral offenders the Federal Government should be prevailed upon to set up an electoral offences tribunal without any further delay.
This suggestion is in line with the White Paper issued by the Federal Government on the Sheikh Ahmed Lemu Presidential Panel Political Violence in some Northern States in April 2011 wherein the Attorney-General of the Federation and Minister of Justice has been directed “to take necessary action to establish this Tribunal”. Apart from investigating and prosecuting persons involved in political thuggery, electoral fraud, political terrorism and other electoral offences the Tribunal should be empowered to try political party leaders who impose or substitute candidates through undemocratic methods.
Conclusion
From the foregoing, it is undoubtedly clear that if credible elections are conducted by the INEC, there will be no basis for setting up election petition tribunals. Recent experience in Nigeria has shown that candidates who are defeated in credible elections do not hesitate to congratulate the winners. Such candidates and their political parties do not dissipate energies and resources in filing election petitions. Instead of designing tools for the speedy determination of election petitions, the organisers of this programme should liaise with other stakeholders with a view to ensuring that the INEC is repositioned to conduct fair and free elections.
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Not the courts’ finest hour
Lawyers have described last week’s bombing of two courts in Rivers State as a desecration of the temple of justice, a threat to democracy and an invitation to anarchy. In this report by Eric Ikhilae, they examine its implication on judicial independence and suggest ways of preventing a recurrence.
For the courts in Rivers State, these are not the best of times. The courts seem to have been caught in the cross fire of the political crisis in the state. On two occasions in the past two months, some courts were bombed or burnt. The first occurred on December 18, last year and the last one was on January 6. Many believe that they have political undertones.
The last incident occurred a day before the court was to hear an application by the self-styled Speaker of the House of Assembly, Evans Bipi. Two courts were bombed. One is in Ahoada in Ahoada East Local Government Area and the other is in Okehi in Etche Local Government Area of the state.
Last December 18, Justice C.N. Wali’s office and car park were bombed after he restrained Bipi, who represents Ogu/Bolo constituency, from parading himself as speaker. Dynamites were reportedly thrown into the court about 3am.
Observers believe that the incidents reflect the decadence in the society, where politicians and those in power treat judicial pronouncements with disdain.
The incidents highlight the general insecurity in the land, brought about by those who promote illegalities and have no respect for life.
The solution, they argued, lies in the resolve of the ruling class to enthrone the rule of law, and their willingness to play by the rules.
There is also the need for the government to make Section 14 (2b) of the 1999 Constitution, which provides that the security and welfare of the people shall be the primary purpose of government – actionable.
Some lawyers, including Nigerian Bar Association (NBA) President Okey Wali (SAN), Chief Adeniyi Akintola (SAN), Malam Yusuf Ali (SAN), Deacon Dele Adesina (SAN), Wahab Shittu, Festus Keyamo, Nojim Tairu and Ikechukwu Ikeji, say the incidents portend danger.
They said the perpetrators must be brought to justice.
The lawyers did not only condemn the development, they urged the security agencies to step up efforts to secure the nation.
Wali said: “The NBA condemns these acts of brigandage and views them not only as sacrilegious, but also as a desecration of the temple of justice.
“We have always called on politicians to play by the rules, whatever grievances anybody has he should go to court.”
He said NBA would work with security agencies to ensure that the sanctity of the courts is protected.
“On no account will it (NBA) ever idly stand by and watch these acts of violence and impunity to our courts, which are tantamount to an affront to the rule of law and threat to our democracy.
“This underscores the need for government to take the security of lives and property more seriously. The lackadaisical attitude accorded to the security of our courts nationwide, is now brought to the fore.”
Wali, who gave the National Security Adviser (NSA) and the Inspector-General of Police (IGP) 30 days within which the made public their findings in relation to the Rivers bombing, urged the government to pay more attention to security in the nation’s courts.
Akintola urged members of the political class to avoid over-heating the polity. He cautioned that nothing should be done to jeorpardise the nation’s democracy and inhibit judicial activities and quick dispensation of justice.
“The burning of the court is highly despicable and condemnable. I condemn it in all its entirety. I want to appeal to the political class to be very careful. Some of us fought and put our lives on the line for this democracy.
“It is quite unfortunate that some of those who had no iota of contribution or know the geography of any detention camp are the ones reaping the benefits. They have to be very careful,” Akintola said.
Ali, who is the Chairman, NBA’s Anti-Corruption Commission, urged security agencies to apprehend the culprits and ensure that the full weight of the law was brought to bear on the perpetrators, if the act was intentional.
“I strongly condemn the act if it was deliberate. I condemn it with every fibre in me. The security agencies should go after the perpetrators if it was intentional. If it is arson, then we must get to the root of it,” Ali said.
Adesina warned that should the judiciary be exposed to such threats, there could be anarchy.
His words: “The recent attempts at bombing the Courts an otherwise sacred place is highly condemnable and must be outrightly condemned by all the right thinking and civilised members of the society.
“The Judiciary is the only institution saddled with the duty and responsibility both constitutional and statutory to adjudicate and resolve disputes between persons and persons, persons and goverments and governments and governments. The efficiency of a nation’s judicial system and its administration of justice is one of the indices for measuring its civilisation and economic development.
“I don’t know who will invest in an economy with an uncertain and intimidated judicial system. This novel development is not only brutish but it also constitutes a descent to anarchy. I hope it won’t repeat itself.
“One of the significant requirements of justice administration throughout the civilised world is that the judiciary must be fearless and independent. The institution as well as its officers and personnel must dispense justice without any interference, fear or favour, affection or ill-will.
“I see the bomb attacks as a calculated attempt to instill fear and timidity in our judges. I also see it as a well crafted threat of intimidation of the judiciary as an institution, an institution that ought ordinarily to command respect, trust and confidence of both the government and the governed.
“We must not forget that men are powerless, institutions build a nation. The implication of the dastardly act cannot be far fetched. First, access to court may be negatively impacted. Prospective litigants may be scared away and people may begin to result to settling their scores primitively and lawlessly by taking the laws into their hands leading ultimately to total breakdown of law and order.
“Secondly, intimidate the court and you see justice taken a flight particularly in a developing democracy such as ours where virtually all political and electoral disputes must end in court. People must realise that there is no alternative to the judiciary, arbitration or other alternative dispute resolution mechanisms not withstanding.
“The law of self preservation, personal safety and security is the very first law of standard behaviour. Government must rise up to the occasion not only to protect the right of access to courts but also to reassure the Justices, the judges, lawyers and the litigants of their personal safety and security in and around our courts and l think the Nigerian Bar Association must not only demand this but they must secure it otherwise rule of law will be constantly assaulted and our nascent democracy will be threatened.”
Shittu noted that under a democracy, the Judiciary ought to be independent and incorruptible. He added that if the Judiciary is endangered under a democratic dispensation, it portends great danger for law and order, and it is also an invitation to anarchy.
“So, the bombing of courts in Rivers State is a subversion of democracy, a subversion of constitutionality; it is a subversion of the rule of law, a subversion of due process and it is a subversion of the doctrine of separation of powers, as well as a threat to law and order, and national security.
“So, if you look at it from these parameters, you will see clearly that democracy is really endangered, and the right of the Judiciary to function unfettered is being hampered. It is a sad day for our Judiciary, a sad day for our democracy and a sad day for constitutionalism.
“It should be condemned by all democratic forces. The security agencies should get to the bottom of this; fish out those behind it in order to bring them to book.
According to Keyamo, the development is a danger to the nation’s democracy. He noted that in a democracy, people take refuge in court, so that, when the court makes pronouncement, at the end of the day, we can all be at peace.
“If they now take this terrorism into the court then, unfortunately people will have nowhere to turn to again. That is why I said it a danger to our democracy. If people have nowhere to turn to again, then we are looking at a revolution. This development is highly unacceptable.”
Tairu argued the attack was symbolical. He added that the Judiciary as a whole, is being watched by vested interests whose fate, on many fronts, depends on d output and performance of the Judiciary.
“The judicial institution is under a siege and pressure (for good or bad intention) to perform, live up to standard expectation.
“It is said – unto whom so much is reposed, so much is expected. Frustration breeds desperation, disenchantments will dovetail to nihilism and a slide to anarchy and such attacks as under comment. The event is unfortunate and condemnable. It should not be an occasion for the usual unprofitable institution of a tribunal of inquiry and other wasteful exercises.
“The attack should be seen as a wakeup call and summation of the daily countless, voiceless attacks, going on in the mind of the citizenry and even critical stakeholders within the judiciary itself, against the judiciary. Enough of palliatives, half-hearted, cosmetic reforms. A real change in the status quo is urgently called for lest we have a systemic failure with devastating domino effect on other sectors in the nation.”
Ikeji, who stressed the implication of the attacks on the independence of the Judiciary, noted that where a judge’s mindset is fettered by the fear of attack or of violence against his or her person or family, this will tend to hinder the independence of thought that such a judge ought to bring to bear on cases he or she is handling.
He argued that when a judge receives a threat to his or her life, for instance, from quarters that he or she knows are likely to bring the threat to fruition, the judge is most likely to act under the weight of such threat.
Ikeji noted that where judges are living under a threat to their lives, they are bound to either refuse to preside over cases, as happened some time ago in Borno State during the height of the Boko Haram insurgency, or sit on cases in fear of attacks. This, he said, fetters judges’ independence to a large extent.
“That is why it is a dangerous trend to allow the current spate of bomb blasts in Rivers State to continue unabated. The perpetrators must be fished out and dealt with appropriately in a transparent manner and according to the rule of law.
“Such people should not be left to go free. It is a sorry story of the level of social decadence that is prevailing in Nigeria today, where human lives do not mean anything and where people die like rats and nobody blinks an eyelid.
“It goes to show that Nigeria is a terrorist state, a still birth state or a failing state, if you like.
Where violence becomes a tool of settling scores or making points, then rule of law takes flight. There is absolutely no rule of law where people who perpetrate violence in a society are not adequately prosecuted or punished. If we agree with the theory that the bomb blasts have the potential to affect the independence and mentality of the judges, and we also agree that our courts are the custodians of the rule of law, the obvious inference to draw is that rule of law is being threatened.
“If you take a closer look at the Rivers State High Court bombing, you will agree with me that it has political undertones. The day of the bombing was the day fixed for the hearing of an application by Evans Bipi, the leader of the five members of the Rivers State House of Assembly who was restrained by the court from parading himself as the Speaker of the House. “Now, the order restraining him was granted ex-parte, meaning that Mr. Bipi was not heard before the order was granted against him, and the day of the bombing was the day fixed by the court to hear Mr. Bipi as to whether the order should be vacated or not. So, Mr. Bipi was to have had his day in court on the day of the bombing.
“Had the case come up, it would have pointed to a definite direction of the crisis in Rivers State House of Assembly as a result of the claim by some people that Mr. Bipi was duly elected Speaker. But the case did not come up as a result of the bombing and Governor Amaechi went ahead on the same day to hurriedly present the Appropriation Bill to the faction of the legislators loyal to him getting them to immediately pass the Bill within an hour.
“Now, several questions arise with regards to the effect of the incident on rule of law and democracy. Was is it legal for Amaechi to have got his loyalists to sit outside of the House of Assembly and passed a law? Is this a reminder of the Obasanjo era? What is the effect of the bombing on the mind of the judge handling the case? To all intents and purposes, the bombing is bad news to rule of law and democracy,” Ikeji said.
The consensus, however, is to the effect that the nation’s democracy is threatened by the attacks on courts in Rivers State and that there is need for the politicians and those in authorities to tread softly. There is also the need for the security agencies to wake up to their statutory responsibilities. This is because where anarchy sets in, no one is spared of the consequences.
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Rape
Why most suspects escape justice
Hardly does a day pass without the rape or sexual assault of an adult, abuse of a minor or incest involving a “father” and “daughter” being recorded. More worrisome is that only a fraction of the perpetrators are jailed. Weaknesses in the judicial system, poor prosecution capacity and social challenges encourage rather than deter rape, reports JOSEPH JIBUEZE.
SEVEN-YEAR-OLD Queen (not her real name) is seeking justice. She was allegedly sexually abused and assaulted by three ‘friends’, two of them aged 19, one aged 40. Queen lives with her aunt and husband in an estate in Alimosho area of Lagos. Her innocence was ripped from her by the men who are now facing trial, but will she get justice? Her family is alleging a plot to frustrate the case.
Queen’s aunt, Mrs Ngozi Ugwu, said in January this year, she noticed blood stains on her niece’s pants. Curious, she asked Queen if she was injured. She was shocked when Queen alleged that three of their neighbours had been defiling her. In a chilling revelation, Queen narrated how one of the 19-year-olds first sexually assaulted her. When the second 19-year-old heard about Queen from his friend, he went after her. After abusing Queen, he allegedly told the 40-year-old about what they had been ‘enjoying.’
While Ugwu was away on a business trip, the three would pay frequent visits to her home whenever they discovered that her husband had gone to work. They would allegedly threaten the infant with a knife, and after having sex with her, would warn her never to tell anyone. Queen said they would “put their wee-wee in her bum-bum”. The 40-year-old would buy her fruit juice and sausage roll and beg her not to talk.
In another shocking sexual assault case, a mother of two, Mrs Mercy Osaghae, is in court over the alleged abuse of her two-year-old child by a married neighbour. On January 13, her daughter took ill. It was a very hot afternoon. As there was no one at home, she pleaded with the neighbour to look after the child while she went to buy the medication. It was not the first time she would leave her child with the man, even though his wife was away.
Mrs Osaghee said it took her less than 10 minutes to fetch the drugs and return. On getting home, she knocked on her neighbour’s door. It was locked. She knocked again. Her neighbour answered from inside his apartment and said he was having his bath. She waited impatiently for about 10 minutes when the neighbour opened the door.
The woman had the shock of her life when she took her child to her apartment and administered the drugs on her. The child vomited soon after. Thinking it was the high fever, she took her to the bathroom to douse her body with cold water. “I pulled off her clothes. As I pulled off her underpants, I saw what looked like sperm. I could not believe it. I began to wonder that may be I had overstressed myself. When it finally dawned on me, I screamed so loudly that another neighbour upstairs heard and came downstairs.
“I told the neighbour to help me look at my baby. She asked: ‘How come?’ I told her what I suspected. The man I left my child with came in to my apartment and started asking angrily: ‘Are you people saying I raped the baby?’ Some of my other neighbours got angry and started to beat him.”
Mrs Osaghae said when the man’s wife returned, she knelt, pleading with her to settle matter amicably. Soon, she realised that other neighbours, speaking in Yoruba, were asking the man’s wife to raise money to “settle” her.
“I ordered everybody out of my apartment,” said Mrs Osaghae, after which she took the child to a private hospital. After conducting tests, the surprised doctor asked: “Who did this?” He then directed Mrs Osaghae to the General Hospital, where they can get a medical report acceptable in court.
Bid to frustrate trial
Mrs Ugwu and Mrs Osaghae have alleged a plot to frustrate the suspects’ trial. Mrs Ugwu reported Queen’s abuse to the police, and the three suspects were arrested. They were arraigned at an Ikeja Magistrates’ Court. The police prosecutor was said to have applied that Queen be taken to the Girls Correctional Centre at Idi-Araba.
“I was later informed that on their way to the centre, the prosecutor threatened the girl to change her story or be locked up in a room for five days without seeing her family,” Mrs Ugwu claimed.
Fearing that the police might be conniving with the suspects to frustrate the case, she applied to the Federal High Court in Lagos, seeking N100 million each from the defendants. Among others, she is seeking an order directing the Commissioner of Police to stop the prosecutor and the Area Crime Officer from taking further part in the investigation and prosecution of the accused persons. Her reason? The police want to frustrate the case. The matter has been adjourned till February 12 next year.
Mrs Osaghae is facing a similar frustration. She said when she returned from the General Hospital, where she was given a medical report which confirmed that her child was sexually abused, she found relatives of the suspect waiting for her at home.
“The mother, brother and a lot of them came to beg that we should not take the matter to the police station. The mother said: ‘Are you not friends? What are friends for? Let’s settle this case like family. It seems you are proving stubborn.’
“I refused to listen to her. The woman held on to my clothes and said that if I refuse to back down, she would show me that she is a Yoruba woman from Ijebu and she would deal with me. I told her she is not God and cannot do anything to me. I held on to the man that violated my baby and insisted on going to the police station,” Mrs Osaghae said.
She soon discovered that the police were unwilling to thoroughly investigate the matter. Suspecting a bid to cover up the case, Mrs Osaghae sought the help of a human rights group, the Access to Justice (AJ). The group has stepped in and has sought a diligent prosecution of the accused person, who pleaded not guilty at his arraignment at the Family Court in Ikeja.
AJ’s Director of Programmes, Leonard Dibia, said: “Given the overt and covert efforts to sabotage the case and threats to the life of the family members by unknown persons, we have written to the Attorney-General and Commissioner for Justice, Lagos State to take over the prosecution of the alleged crime as provided for under section 211(1) (b) of the 1999 Constitution and its equivalent under the Administration of Criminal Justice Law of Lagos State 2011 which gives him enabling powers thereof.
“We expect that given the escalation of crimes of this nature in our society and the traumatising effect they have on society’s most vulnerable, the Attorney-General and Commissioner for Justice in Lagos State would take over the case. This is to ensure that justice can be served in this matter and serve as a lesson to others that no person who takes pleasure in exploiting young children will be shielded from punishment.” The case has been adjourned till February 17 next year.
Stories of rape and sexual abuse of minors are common, but how often are the perpetrators brought to book? Recently in Ondo State, men of the Nigeria Security and Civil Defence Corps (NSCDC) arrested a 71-year-old man who allegedly sexually abused a seven-year old girl.
The victim, a primary school pupil, said she was returning from school when the man sent someone to call her. She ignored them but she was dragged into the old man’s room, mouth covered, and violated. The girl was reported to have said that the man “cleaned her up as she bled”. Residents confirmed to investigators that the alleged perpetrator was a “serial rapist.”
Child advocates and prosecutors admit that conviction rates remain low compared to the rising cases of rape and sexual abuses of children in Nigeria. They attribute this to weaknesses in the judicial system and the low capacity of the police to investigate and prosecute such cases.
They also point to the society’s attitude towards rape and victims, and the fact that the system can be so frustrating that many victims and their families never show up to testify during trial, even as many victims do not report to the police. The consequence is that despite the existing laws, there appears to be no deterrent against rape, which experts believe is why the crime is on the rise: offenders are not punished.
In effect, a weak judicial system, poor capacity to prosecute and investigate rape cases add to the pain of victims and their families, who at the end are subjected to even more ridicule. It is like being raped all over again.
Rape, a global crime that leaves deep scars
The Rome Statute, which defines the jurisdiction of the International Criminal Court, recognises rape, sexual slavery “or any other form of sexual violence of comparable gravity” as crime against humanity if the action is part of a widespread or systematic practice.
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority or against a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.
Statistics on rape and sexual assault are commonly available in advanced countries but not so common in Nigeria. A United Nations statistical report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries.
Of a sample of 295 female students from Ebonyi State University, Abakaliki in Southeast Nigeria, 36.7 per cent had experienced sexual harassment/victimisation at least once on campus. Of this, 32.4 per cent had been raped.
This year, in a poll of 585 randomly selected adults from six geopolitical zones by NOI Polls, 34 per cent indicated ‘indecent dressing’ in their answer to the question: ‘What do you think is the most prevalent cause of rape in the society?’ Twenty-nine per cent said they personally knew a victim of rape.
The World Health Organisation (WHO) states that the principal factors that lead to the perpetration of sexual violence, including rape, are: beliefs in family honour and sexual purity; ideologies of male sexual entitlement and weak legal sanctions for sexual violence.
Experts say there is no single scientific theory that conclusively explains the motivation for rape. Several factors have been adduced such as anger, a desire for power, sadism, sexual gratification, and mental depravity.
Why conviction rate remains low in Nigeria
Statistics of rape convicts are hard to come by in Nigeria, but child right advocates and prosecutors say several factors are responsible for the low rate of conviction. One is victim blaming, holding the victim of a crime to be in whole or in part responsible for the crime. In the context of adult rape, the victim’s behaviour, such as possible flirting, or wearing sexually provocative clothing, is believed to have encouraged rape. In extreme cases, victims are said to have “asked for it”, simply by not behaving demurely. This mindset can be a drawback in the prosecution of rape suspects.
Second, sexual violence, and rape in particular, is considered the most under-reported violent crime. Thus, the number of reported rape cases is lower than both incidence and prevalence rates. Sometimes, the difficulties victims are subjected to tend to discourage others from reporting. Rape is rarely reported due to the extreme social stigma cast on women who have been raped, or the fear of being subjected to public opprobrium.
The attitude of the police often discourages victims from reporting rape. Advocates said a large percentage of police officers agreed with the assertion that “some women deserve rape”, while others hold the view that “the physical appearance and behaviours of women tempt men to rape.” It is not unusual for rape victims to hear a police officer ask: “Wetin you find go there? (What took you to where you were raped?).
A report claimed that only one in 25 raped women make a report to the police. Gender rights activist, Shireen Motara, said women often do not report rape because of the reaction they get. Motara, who helps women who are victims of violence, said Africa’s violent culture and rampant misogyny often counteract the continent’s progressive laws.
It has been noted that the police hardly apply forensic knowledge in prosecution of rape cases. Biological evidence such as semen, blood, vaginal secretions, saliva, and vaginal epithelial cells (typically collected by a rape kit) are used in other jurisdictions in rape and sexual abuse trials.
Managing Partner at the Partnership for Justice, Mrs Itoro Eze-Anaba, whose organisation fights the cause of rape victims, blamed police inefficiency as the primary reason for low rate of conviction of perpetrators. She said the inefficiency begins at the police station, where a traumatised victim spends a whole day trying to make a report. When her statement is eventually taken, the perpetrator may be arrested, and then brought face to face with the victim. This, she said, discourages other victims from coming forward to make a report.
Mrs Eze-Anaba also identified faulty or inclusive medical reports, such as where some doctors make categorical statements like ‘there was no rape’ as factors responsible for low conviction rate. The police rely on such medical reports and claim their hands are tied if there is no evidence of rape, especially if a victim has had a bath.
The activist cited an instance of an 18-month old baby that was violated by a man the mother is living with. The mother went to the police to make a report, but ended up being treated as if she were the perpetrator.
She was kept at the police station for hours when she ought to be at the hospital looking after her sick child. Her worst experience was that not even the Divisional Police Officer (DPO) believed her story. At the end, it took two days to convince the police that the abuse occurred and to get the incident included in the police report.
“If a survivor goes through this, another survivor isn’t going to go back to the police in future. And where a victim fails to report, that is one case that has been lost. And you don’t even know if the perpetrator has violated more than 20 people. And so the perpetrator goes free because the police as a whole is not trained to handle cases of rape,” Eze-Anaba regretted.
Another obstacle to effective prosecution of rapists is the police mentality that the medical report is a conclusive evidence of rape. Once a victim makes a report, she is asked to go to the hospital to get a medical report. Where the report is made three weeks or a month after the incident, the police feel that their hands are tied because the victim has had her bath and therefore cleared the evidence.
A greater source of worry is that some medical examiners who issue the reports are not skilled in dealing with rape victims, or are not trained to look for signs of rape. Mrs Eze-Anaba believes prosecuting cases of rape does not depend on medical reports alone. “Generally it is believed that when someone is raped, the hymen is broken, but it’s not true. You can have intercourse with a man for years and your hymen is still intact. So, if a medical practitioner that is working with rape victims does not know that it’s not the broken hymen that determines rape, the persons will be looking for the broken hymen.
“As long as it’s not broken, the person believes rape did not take place. So, there is a whole lot that needs to be done in order for prosecution of cases to be successful,” she said.
An unhelpful legal system also frustrates prosecution of rape. Cases get thrown out for lack of evidence, mainly due to police inefficiency in investigation and documentation of evidence. The system is designed to believe there has to be physical injuries to prove rape.
“The fact that there is no injury does not mean there is no rape. There is need for forensic medical training to show that you don’t need to have physical wounds or evidence to prove rape. Some believe if you’re being raped, you fight, you struggle, and there would be wounds on the perpetrator. It’s not true,” said Mrs Eze-Anaba.
A victims’ advocate, Dr Princess Olufemi-Kayode, said the criminal justice system is very frustrating for rape victims seeking justice. As the Executive Director of a non-governmental organisation (NGO), Media Concern Initiative for Women and Children (Mediacon), a crisis response and sexual violence resource centre, she has seen first hand how rape victims are denied justice.
“We have been discouraged many times by the criminal justice system,” she said, adding that the slow pace of justice delivery is as bad as not getting justice at all. She recalled the case of an eight-year old girl molested by two neighbours, a teenager and an adult. The girl reported that the two had been penetrating her. The men were arrested, but the case has been in court for five years.
Mrs Olufemi-Kayode gave another instance of a father of a rape victim who recently told the court that they were “withdrawing” from the case because “they’re tired.” The victim was four when she was raped. The case has gone four years in court. The family has spent scare resources prosecuting the case, but there is no indication that it will end any time soon.”
She was involved in a case where a father was accused by his daughter of engaging in incest with her over time. The man was charged to court. During his arraignment, he pleaded guilty. “I did it, but it was the work of the devil,” the accused persons said in open court. Everyone in court expected life imprisonment for the man, but the magistrate sentenced him to a two-year jail term. “I think that is a very ridiculous judgment two years. We have had about two of such cases,” Mrs Olufemi-Kayode said.
“When we began to ask why a magistrate would give two years for a man who had been abusing his child for several years, we were told that the magistrates’ courts have levels, which determines the punishment they can give. But if the law says punishment for rape is life imprisonment, why would a magistrate give a two-year jail term?
“Why would the police take the case to the court that cannot give the maximum punishment? Why can’t we restructure the system so that the court that can give the full judgment? It’s a question I also have for them.”
A lawyer and programme officer at the Project Alert, an NGO involved in prosecution of rape and sexual abuse cases, Oluwatobi Asekun, said conviction remains low because victims get frustrated by the system and back out. “Police is always giving excuses that the complainant is not willing to go on. Generally, cases take so long,” she said, adding that pressure from relatives can also lead to cases being dropped.
Asekun gave an example. “There is a 22-year-old lady who was raped. The alleged rapist is also in his 20s. The guy’s relatives kept begging the survivor. They even offered her money. She refused. Eventually, the boy was arraigned, but the trial was stalled and with so much pressure on the lady, she withdrew from the case. She said she was tired, emotionally drained. She didn’t think she could go on.
“Apart from the pressure, she reported that she paid for the taxi that conveyed the police officers to where they arrested the boy. She was spending money at every stage yet, feeling that the case was not moving forward.
“The police are always slow at times in investigating such cases maybe because of lack of funds. The victim has to pay for certain things for the police to act. There is this case of two victims defiled by the owner of an orphanage in Ogun State. They had to pay the transportation fares of two officers from Zone 2, Onikan to Ota for the suspect’s arraignment. Even before the arraignment, the officers had to be given transport money to go and investigate. The police may want to work, but they may not have the resources,” Asekun said.
According to her, there are instances where a victim who has no money to “settle” the police would be denied justice. “A victim who doesn’t have money to finance the investigation may not get justice, unless the victim meets a good officer who would ensure that the case goes to court,” she said.
Asekun identified gaps in the laws as a problem. Citing sections 218, 221, 223, and 224 of the Criminal Code as instances, she said the law provides that to prove rape, there has to be corroboration, which may be impossible in the Nigerian context, except in an armed robbery case where there are other witnesses. A section of the law, she said, specifies that prosecution must be commenced within two months of the rape. A shocked victim who does not report within the period stands being denied justice.
A lawyer, Oge Agbo, said the fact that rape has to be proved beyond a reasonable doubt makes proving someone guilty even more difficult. “Rape is a criminal matter and must be proved beyond a reasonable doubt. But it is the hardest thing to prove beyond a reasonable doubt. The law looks at whether penetration was with the female’s consent and that is hard to prove.
“There may be no bruises or scars but the truth remains that she was raped. Whenever there is an iota of doubt in a criminal matter, the doubt is settled on behalf of the defendant/suspect. So, even if a girl was raped, it is a question of the ability to prove it. The court does not deal with speculation. He who asserts must prove. And most times without scars or bruises, it’s difficult to show coercion.”
Ignorance of the law is also a problem. The Administration of Criminal Justice Law of Lagos State (ACJL) (2011) was, among others, designed to regulate the hauling of crime suspects into court before investigation. But a DFID-funded study as part of the Justice for All (J4A) programme by AJ said the law has failed due to the pervasive ignorance of its relevant provisions by security agencies, especially the police.
The study, presented in Lagos, showed that only 29 per cent of police officers in Lagos are familiar with the law or have received any formal training on its provisions.
Seeking solutions
Worried by the shabby treatment rape victims receive at police stations, with its attendant negative impact on prosecution, Mrs Eze-Anaba set up The Mirabel Centre, located at the Lagos State University Teaching Hospital (LASUTH). The centre offers medical examination for rape or sexual assault survivors, counseling, help in reporting incidents to police, information on legal system and referral to other agencies for help not provided by Mirabel. All services, provided in a compassionate and caring manner, are free.
It took Mrs Eze-Anaba 10 years to get the centre set up. It was she who drafted the Domestic Violence Bill and led the campaign for its passage into law by the National Assembly and 12 states in Nigeria, including Lagos. In the process of the campaign, she met a girl who was raped consistently over time by her father.
The girl had reported to her pastor, but he did not believe her. The pastor told her it could not have happened. It occurred to Mrs Eze-Anaba that one of the vital ingredients for a survivor of rape or sexual assault to heal is a safe place where she can tell her story and be believed. A survivor, she said, needed a place where she had confidence in, where there was privacy and where her story would be kept confidential to avoid stigmatisation. It was what police stations across Nigeria lacked.
Since the centre’s opening on July 1 this year, no fewer than 140 survivors from Lagos Mainland had come forward to report being raped between July and November.
Mrs Eze-Anaba is happy at the positive response the centre is getting, but sad that rape is so prevalent in Nigeria’s commercial centre. “I’m sad that 140 people have been raped between July and November in Lagos. This 140 is just a tip of the iceberg. There’s only one such centre in Lagos State, which is the Mirabel Centre at LASUTH.
“So, you can imagine what is happening in Ikorodu, what is happening in Badagry, Lekki area or Island or Alagbado, or other areas where people may not have easy access to the Mirabel Centre. Ideally, for Lagos State we should have at least three of such centres. We should have one at the Island and one at Ikorodu because these areas are far from Ikeja.
“Each state should have a Mirabel Centre because there is nowhere you don’t have cases of rape. We need people who have been trained to handle these cases. If you do a survey, you will see that a lot of secondary school girls are undergoing horrendous experiences in their homes. A lot of them are victims of incest and rape,” Mrs Eze-Anaba said.
To improve prosecution of rape, the activist said more enlightenment is needed in schools on what victims should do when raped. According to her, majority of rape cases involve school-age girls of 11 to 15, and 0-11 year-olds. “We need to do a lot with the schools. There is also an increase in gang rape. Some victims report that they were raped by 3-7 people. We need to direct our effort towards areas like Oshodi, Ikeja, Ketu and Mile 12 where we have higher number of people reporting. There’s need for probably more policing, more community work. Ultimately, the community itself has a responsibility to stand up and say: ‘We do not want rapists in our community.’ They need to take action,” Mrs Eze-Anaba said.
For Mrs Olufemi-Kayode, it is important to study the dynamics of crime and design responses that will help victims get justice. “We have a system where people are grieved and hurt, and a criminal trial process that grieves them even more,” she regretted.
Beyond conviction, the prison system must be more reformatory to avoid a situation where a person gets convicted, is jailed, and comes out to molest someone else because there was no programme to re-orientate him.
She further suggested a review of the laws. She wants the laws against rape enlarged to include sexual offences not covered by existing laws. “We need to sit down, for posterity sake, and review the process of law and maybe enlarge or expand the interpretation of sexual offences because it has gone beyond the dynamics of when those laws were made,” she said.
Mrs Olufemi-Kayode believes more people should also specialise on child sexual abuse. She said: “A gynaecologist is not a forensic doctor. He has not been trained specially to know what to look for, particularly in a case of child sexual abuse, in the case a child who has been tampered with for a long time. It’s not only that hymen is not broken. So we need to look for experts. The world has gone beyond ‘I’m a gynaecologist’.”
She also wants more emphasis on rape prevention. “Prevention is the best cure, but we don’t have any prevention programme at national or state level or in the educational sector. And in the society everybody blames the victim. The victim is blamed from the very first time they open their mouth to say ‘this happened to me.’ The system traumatises everybody.”
The trial of rape suspects, she said, is sometimes delayed because of the very long time it takes the Directorate of Public Prosecution to issue a legal advice, at times coming long after an accused person had been arrested. Mrs Olufemi-Kayode thinks the DPP should work with the police in determining whether to prosecute. She suggested that victim advocates and social welfare workers must work together with the police to draw a framework that will help victims get justice.
Asekun said the welfare of the police has to be improved so that they can deliver on their constitutional role without expecting victims of crime to fund investigations. There is need for more public awareness in terms of the law and where to get support when abused or raped, she said. According to her, outdated laws on rape need to be reviewed to make it easier to prosecute suspects. Even the process of reporting rape to the police, she said, has to be structured and simplified. She suggested a system where preliminary report on rape can be made in one place so that the victim does not have to relate her experience more than once.
Further, the culture of silence caused by fear of stigmatisation has to be repudiated. “Part of the awareness should be that rape is not the victim’s fault. The practice of blaming the victim should stop,” Asekun said.
A lawyer and columnist, Gabriel Amalu, believes the laws which make it impossible to convict rapists must be amended. “The common cliché is that law is an ass. While that may be right, it may, however, be more appropriate with respect to the provisions of the predominant laws on rape in Nigeria – the criminal and penal codes; and also the case laws, to say that, the law on rape is a horse.
“Otherwise, if one is gender fair-minded, how can one appreciate the highly technical hurdles as have been held by some courts, as necessary requirements for the proof of rape, under our criminal justice system? Worse still, how can one explain or justify the ordeal and rape on human dignity, otherwise called legal trial, that, a prosecutrix (a rape victim) undergoes, under our adjectival legal system, to secure the conviction of a rapist?
“These challenges, in my humble view, encourage the incidents of rape, and the time for action is now,” he said.
Wanted: Application of forensic science
“You can’t prosecute without forensic knowledge,” was Mrs Eze-Anaba’s summation. “The police need to learn how to carry out investigation at a crime scene. Do they know that the human body is also a crime scene the persons that have been violated and raped that the body is a crime scene? Do they have the skills and equipment to do that? No, they don’t.”
According to her, even senior police officers would claim that is difficult to secure conviction where rape victims cleaned up before undergoing medical test. “No, it’s not, because it’s not just the medical examination that determines if there was rape. In the first instance, even the medical examination, to a large extent, determines whether there was consent or there was no consent.
“There is forensic camera that can be used to record incidence of rape that took place a month after because you’ll still be able to get marks if there were marks. The police need to be trained on forensic medical examination. If we do not have trained forensic medical examiners, it’s going to be difficult to prosecute cases of rape,” Mrs Eze-Anaba said.
In other jurisdictions, adults raped in their teens have been able to get justice even after decades have passed. Their abusers are made to face to the law, years after the act was done.
“For the 30 doctors and nurses that we trained at the Mirabel Centre, they were shocked to learn that the hymen does not need to be broken when one is raped. When you have that mindset that all you’re looking for is a broken hymen, and you get there but the hymen is not broken, and you write that the person was not raped, then you’re raping that person the second time because for someone to come out and say ‘I was raped’, there must be an element of truth. Give the person the benefit of doubt and do your job they way you ought to do it,” Eze-Anaba said.
A way out, she said, is for the office of the Attorney-General of the Directorate of Public Prosecution (DPP) to take over prosecution of rape, rather than the police. “Can we start considering having the Attorney-General’s office prosecute rape cases? That would help.”
For Olufemi-Kayode, there is the need for a thorough look at the process of investigation and prosecution. “The laws are there. The Criminal Code says if a child is defiled, that persons is to go to jail for life, with caning.
A senior police officer, who did not want to be named, said most of the problems attributed to the police, which account for rising cases of rape and low rate of convictions, were true, even as he said efforts were being made to re-orientate the rank and file.
Police spokesman Frank Mba could not react to the issues raised by press time. When contacted, he replied via text and said: “Sir, whenever you are ready for the interview, call me. I am ready to speak to you on all the issues.” When he was subsequently called severally, he did not answer his calls. He also did not respond to a text message reminding him of his promise.