The Nation Newspaper

Tag: Lawless

  • Lawless?

    Lawless?

    •The police aren’t doing their image any good by ignoring verdict on slain journalist

    With the way the Nigeria Police is carrying on over the killing of an Abuja-based journalist, you would think it is a lawless organisation. The force is spurning a court order to pay N50million in compensation to the family of the slain journalist, and that isn’t good for a body established to preserve law and order in this country.

    Alex Ogbu was killed by police personnel on January 21, 2020, during a protest by members of the Islamic Movement of Nigeria who were demanding the release of their leader, Ibrahim El-Zakzaky. The Abuja-based journalist was felled in the course of his covering that protest. The police initially claimed he died after falling and hitting his head on a stone, but an autopsy found that the primary cause of death was haemorrhage due to gunshot injuries inflicted by a bullet fired by one of police operatives while trying to contain the Shi’ite protesters.

    An advocacy group known as ‘Justice for Alex’ took up the matter against the police and plied a case in court for three and half years, by which it sought compensation for the journalist’s family. On June 21, 2023, Justice Mohammed Abubakar of the Federal Capital Territory High Court in Kurudu, Abuja, held the police guilty of Ogbu’s death and ordered payment of N50million to his family in compensation.

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    The journalist’s widow, Francesca Ogbu, called a press conference lately where she lamented the police’s refusal to comply with the order of court. Addressing journalists in Abuja, she said: “To date, the police have not complied with the court order. They also did not appeal against it, showing sheer scorn and impunity towards the pronouncement of a competent court of the land.”

    According to her, multiple efforts were made to secure justice in line with the order of court, which included writing letters to the Police Service Commission, the Ministry of Police Affairs and the Inspector-General of Police, but all to no avail.

    The widow said: “Several efforts have been made to make the police see reason and obey court judgment, but all have not yielded desired results as police authorities have adamantly ignored the court order and deliberately frustrated all attempts to pay the family the judgment sum awarded it. Letters have been written to the Police Service Commission, the Ministry of Police Affairs, the National Assembly and the Inspector-General of Police on this issue. Distinguished Senator Abba Morro has also written to the Inspector-General of Police to honour the judgment, but was also met with a rebuff.” She added: “This press conference is therefore to bring this to the knowledge of the world, to let the world know that the police have refused to obey a duly pronounced court order.”

    The PUNCH newspaper, in a report, said it reached out to Force Public Relations Officer Olumuyiwa Adejobi, an Assistant Commissioner of Police (ACP), for the agency’s comment on the case, but he requested to know the Investigative Police Officer  (IPO) in charge of the case, among other details.

    If the police’s disposition on this mater is as the Ogbu widow claimed, the force leaves much to be desired in its attitude to court orders. Court verdicts, especially when they are not appealed, are laws that must be obeyed. The sad irony is that had it involved other parties, it would have fallen on the police to ensure compliance with court orders. But now, it is the police spurning a court order!

    We also find it disturbing that various authorities overseeing the police force appear to be complicit in its disobedience of court order, going by the account of the Ogbu widow. It is curious, for instance, that letters allegedly written to these authorities elicited no response as could have made the police do the needful.

    As it stands, it is doubtful the FCT court order can yet be appealed given the effluxion of time, meaning it is the final word of law on the matter. Since the order has to do with monetary compensation, the court could consider ascertaining the balances in the force’s bank accounts and impose garnishee order on those with sufficient funds to effect justice for the slain journalist’s family.

    Meanwhile, the circumstance of Ogbu’s death is a reminder on the need for Nigerian security operatives to ensure compliance with global best practice on containing civil protests and other citizen actions, so to prevent collateral casualties.

  • ‘Fayose, others supporting Makarfi are lawless’

    ‘Fayose, others supporting Makarfi are lawless’

    The National Vice Chairman (Southwest) of the People’s Democratic Party (PDP), Makanjuola Ogundipe, has described Ekiti State Governor Ayo Fayose and other chieftains supporting the National Caretaker Committee as lawless people. He said nobody in the party, no matter how highly placed, can hold the hand of justice for impunity to thrive.

    Ogundipe, who spoke in Ado Ekiti, said Fayose and other chieftains supporting Makarfi are “lawless individuals whose stock in trade is impunity.”

    Reacting to the factional Southwest zonal meeting presided over by Dr. Eddy Olafeso at Ado Ekiti Government House, Ogundipe maintained that Senator Ali Modu Sheriff is the National Chairman affirmed by the law court.

    He said those belonging to the Makarfi faction only wanted to hijack the PDP for their selfish ambition, but had their hopes dashed by the Court of Appeal which recognized Sheriff and his National Working Committee (NWC).

    The former Ekiti PDP Chairman said party leaders and people of the Southwest recognise Sheriff “and will always give him support.”

    He added: “The law-abiding people in the Southwest recognize Sheriff as the PDP National Chairman and so will always give him support. Sheriff is preaching peace and moving the party forwarding the face of all adversities.

    “As the National Chairman, he has not stopped at repositioning the party. He is busy reconciling party members to ensure that peace reigns and calm frayed nerves and those who are still aggrieved about what happened in the recent past.

    “Those who are afraid of Sheriff in the Southwest PDP are probably those who think their selfish manipulations will not be possible under Sheriff as the National Chairman are entitled to their fears.

    “These people, should not because of their reasons, derail the political fortunes of many as we move to elections in Ekiti and Osun States.

    “The PDP has waited enough for the outcome of the Appeal Court judgment; it is only logical and politically sensible to allow peace and progress within the party through available justice.”

    On Fayose’s tirades against Sheriff, Ogundipe said: “Peace will only come when there is justice and nobody no matter how highly placed can hold the hand of justice for impunity to thrive.

    “Fayose is the biggest political chameleon ever recorded n the political history of Nigeria. Fayose is not bigger than the law. he is not bigger than the party. The law has pronounced Sheriff as chairman and Fayose must recognise him as such.”

  • Three quarters of Nigerians are lawless, says judge

    Three quarters of Nigerians are lawless, says judge

    A judge of the Lagos State High Court, Justice Gani Safari, has said three quarters of Nigerians deliberately break the law.

    Speaking at a one-day symposium titled: The constitution, law enforcement agencies and you, organised by the Human Rights Committee of the Nigerian Bar Association (NBA) Ikeja Branch, Justice Safari, who represented the Chief Judge of Lagos State, Justice Funmilayo Atilade, as the guest of honour, noted the difficulty law enforcement officers face in carrying out their duties.

    “Three quarters of Nigerians are lawless,” he said, “I have to say it the way it is. Unless he is compelled, the average Nigerian does not want to obey the law.

    “This is something we all know, and that is why I personally don’t envy our law enforcement agencies, because they have a job to do to enforce the law, against people who are not willing to obey the law.

    “In doing so, they are also enjoined to have respect for the rights of fellows.”

    He continued: “Somewhere along the line an officer gets caught up in the line of duty and gets accused of overstepping his bounds, like the instance where a police officer was charged to court for murder for misusing his firearm which led to the death of a citizen.

    “There was also a time when a Divisional Police Officer was charged for misuse of his firearm during a riot. If you look at your environment, we all go out on a daily basis, you’ll realise that the average Nigerian does not comply with simple instructions, until he is made to do so.”

    Justice Safari’s views were echoed by B. J. Fasopin, a Deputy Route Commander of the Federal Road Safety Corp (FRSC).

    Fasopin, who represented the FRSC’s Corp Marshall, said Nigerians are difficult when it comes to obeying the law.

    “I stopped a lawyer for not wearing a seatbelt, and he said he was going to court he had a case and it was his right not to wear a seatbelt.”

    The event, which was held under the chairmanship of Justice I. Buba of the Federal High Court, Lagos, also featured speeches by Professor Lanre Fagbohun of the Nigerian Institute of Advanced Legal Studies (UNILAG Campus), Mrs. Omotola Rotimi the Director of the Lagos State Office of the Public Defender, Mrs. Gloria Egbuji of the Crime Victims Foundation as well as representatives of the Nigerian Police, the Nigerian Civil Defence Corp, Kick Against Indiscipline (KAI) and the Lagos State Traffic Management Agency (LASTMA).

    Prof Fagbohun, who identified violations of human rights among all levels of society, urged law enforcement agents to see themselves as guardians of human rights.

    Mrs. Rotimi identified the government agencies who are most culpable in the infringement of human rights, based on the statistics available to her agency.

    She said: “Of all the enforcement agencies that operate in Lagos State, statistics show that the officers of the Nigerian Police Force take the lead in the infringement of the rights of the citizens. Next in  line is the Lagos State Traffic Management Authority.

    “The officers of the Kick Against Indiscipline, and the Federal Road Safety Corp are other major law enforcement agencies that take pride in infringing the rights of the ‘bloody civilians’ in the state.”

    The first Vice Chairman of the Ikeja NBA’s Human Rights Committee, Mrs. Gloria Nweze, said the programme was in response to several complaints received by the Committee daily from the public about their unpleasant experiences from Federal and State law enforcement agencies including the Police, FRSC, Civil Defence Corps, LASTMA and KAI.

    Mrs. Nweze said: “We investigated many of these complaints and the Committee came to the conclusion that there is a need to organise a programme of this nature to enlighten both the public and officials of these agencies on their rights and powers under the law.”

    A former chairman, the Ikeja NBA, Mr. Dave Ajetunmobi, presented plaques of appreciation to the speakers on behalf of the branch.

     

  • Mass shooting threat: Mbu is lawless, barbaric, says APC

    Mass shooting threat: Mbu is lawless, barbaric, says APC

    The Police authorities yesterday sought to douse the tension sparked by Assistant Inspector General Joseph Mbu that the police would kill 20 people for every one of their own lost during the forthcoming elections.

    Mbu, who oversees Zone 2 comprising  the Lagos  and Ogun Commands,  had declared  in Abeokuta on Thursday  that : “If one of my men is killed, I shall kill 20 of them but don’t shoot first. If they shoot you, shoot back in self-defence. Anybody who fires you, fire him back in self-defence.”

    The All Progressives Congress (APC) called Mbu’s statement barbaric and said his actions since he was posted to Lagos “have neither dignified the police as an institution nor portrayed him as a well-trained law enforcement agent.”

    However, Inspector-General of Police Suleiman Abba yesterday pledged the commitment of the police to the rule of law and the respect of the fundamental rights of citizens and residents alike by all Police officers.

    Although he admitted that there are circumstances under which an officer may be provoked in the course of duty, he reminded the rank and file that the Police Regulations require of every one of them to exercise “tact, patience and tolerance and the control of his temper in trying situations.”

    The IGP reassured the public that the Police have a mandate to save and protect lives, and not to kill, contrary to recent statements in the media, a veiled reference to Mbu’s statement.

    Abba cautioned officers to avoid excesses, pointing out the dire consequences attendant on abuse of human rights, all of which are contained in the recently released Human Rights Practice Manual.

    The Force Public Relations Officer at the Police Headquarters, Acting Police Commissioner Emmanuel Ojukwu, said the IGP, addressing senior officers and stakeholders in his office, advised all policemen of the imperative necessity to apply caution in the use of firearms, warning that except in extreme circumstances, arms shall not be used during the forthcoming elections. He observed that the rule of law is the underpinning tenet of democracy, which will guide Police officers in the discharge of their roles in the forthcoming national elections.

    The Police, according to him, are prepared to provide the requisite security before, during and after the elections.

    Mbu had also at the Abeokuta meeting with his men declared that they had the authority to arrest, before, during and after elections.

    He said it was not compulsory for them to even greet a governor who comes to vote.

    He went further: “You have the power to stop the governor. We are in a critical period. We are not para-military. We must be bold and brave. Keep an eagle eye on everybody. We are authorised by the constitution to arrest before, during and after election. Our role is to ensure free, fair and violence free elections.”

    The APC, reacting to Mbu’s statement said it smacked of lawlessness and barbarism.

    The party asked the police authorities to call him to order “before he starts another around of his trade-mark nihilism in his new posting.”

    “The temperament, comportment, utterances and actions of Mbu, a very senior police officer, are capable of inciting mass killings, violence and anarchy,” the National Publicity Secretary of the APC, Alhaji Lai Mohammed said in a statement.

    ‘’Since his posting to the Zone 2 Command, this contumacious policeman has exhibited an egregious act of lawlessness by barging through the Lekki Toll Plaza without paying toll and then ordering the arrest of policemen and workers at the Plaza. Is it not an irony that a man who is trained to enforce the law is the same who is breaking the law?

    ‘’But that action, as bad as it was, pales into insignificance when compared to his most recent statement in which he was basically inciting the police against the citizenry and encouraging the killing of civilians. It is sheer irresponsibility for a senior policeman to say that for every policeman who is killed during the election, he will kill 20 civilians.

    ‘’Lest we are misunderstood, our party will never condone the killing of police personnel or of any law enforcement agent for whatever reason, just as we will not condone the killing of any innocent Nigerian. If a senior police officer does not know how to convey to his officers and men that they should protect themselves while also avoiding extra-judicial killing of any citizen, then the funds spent in training him have been wasted.”

    The APC said such language as ‘fire-for-fire’, “If one of my men is killed, I shall kill twenty of them” or “you have the power to stop the Governor” is inappropriate, inciting and barbaric, especially under a democratic dispensation, and is most unbecoming of a senior law enforcement agent. It therefore said Mbu should be held solely responsible for any violence or killing of innocent citizens before, during and after the elections in the area under his command.

    APC warned Mbu to mind his utterances and actions, shake off all the vestiges of lawlessness and barbarism for which he has become infamous and comport himself like a senior police officer that he is if he wants to succeed in his new assignment, saying ‘’if he continues in his old, unedifying ways, he will face a public opprobrium as he has never done before’’.

  • Lawless INEC?

    Lawless INEC?

    • The electoral body should obey the court and register the Fresh Democratic Party

    It was a landmark, unambiguous and unequivocal judicial decision. The day was the 29th of July, 2013. The presiding judge was Justice Gabriel Kolawole of the Federal High Court, Abuja. The legal dispute was principally between the Fresh Democratic Party (FDP) and the Independent National Electoral Commission (INEC). The latter had on December 6, 2012, communicated to the FDP its decision to de-register the party for purportedly not meeting the constitutional conditions for its continued legal recognition as a political party. Twenty-seven other political parties were de-registered for similar reasons.

    Two specific reasons were cited by INEC for de-registration of the FDP. First was its failure to win any national or state assembly seats in the April, 2011, general elections as required by Section 78 (7)(ii) of the Electoral Amendment Act, 2010. Second was the FDP’s alleged inability to hold its conventions as scheduled, or have its national officers elected as constitutionally stipulated by Section 223 (1) and (2) of the 1999 Constitution (As Amended).

    FDP approached the court to seek legal redress. Among the reliefs it sought from the court were that it has satisfied all the conditions and requirements of a political party as stipulated under the Electoral Act, 2010, and continues to exist as an extant political party in Nigeria; that it cannot be de-registered except in accordance with the provisions of the 1999 constitution; that the reliance by INEC on Section 78(7) (ii) of the Electoral Act as well as Section 223 (1) and (2) of the 1999 Constitution to de-register FDP without hearing the party’s side violates Sections 36, 38 and 40, 221-222 of the 1999 Constitution and paragraph 15 of the 3rd Schedule (part 1) of the constitution and an order nullifying the purported de-registration by INEC as illegal, unconstitutional and violating democratic tenets.

    The FDP also prayed the court to order INEC to restore its recognition as a political party as well as restrain the electoral body or any of its agents from implementing or enforcing the de-registration. Describing Section 78 (7) (ii) of the Electoral (Amendment) Act as a product of “legislative arbitrariness” the court held that the legislation negates Section 222 of the Nigerian Constitution, which stipulates qualifications for registration of political parties.  The learned jurist stated clearly that the Nigerian constitution does not ‘specifically or impliedly’ provide for de-registration of a political party that has met the conditions of Section 222 (a) to (f).

    On INEC’s contention that the FDP violated Section 223 (1) and (2) of the 1999 Constitution, the court ruled that the party ought to have been given a hearing before any such decision could be taken. As the judge reasoned, upon registration in accordance with Section 80 of the Electoral Act, a political party acquires a legal right to participate in the electoral processes. Such ‘vested right’, he continued, cannot be stripped by INEC without affording the political party a hearing. The court accordingly granted all the reliefs sought by the FDP but declined to award costs against the defendants.

    Since the judgment appears so clear, it is inexplicable why rather than obey the court, top INEC officials, including its spokesman, Mr Kayode Idowu, and one of its national commissioners, Professor Lai Olurode, insist that FDP will not be allowed to field candidates in the 2015 general election unless it applies for re-registration. The implication of the court ruling is that FDP was not legally and constitutionally de-registered in the first place. There can thus be no question of applying for re-registration. Until INEC gets a higher court to rule to the contrary, it must abide by the existing court judgment. An electoral umpire like the commission cannot afford to act in a lawless manner.