The suggestion by former President Olusegun Obasanjo and Sheikh Abubakar Gumi that s special court be created for banditry and kidnapping has continue to generate reactions from stakeholders. In this piece, Chief Louis Alozie (SAN) writes that creation of special court can never be a panacea for such heinous crimes.
The issue of insecurity in Nigeria, be it in the form of kidnappings, abductions, demanding for ransom etc constitute a challenge to the existence of Nigeria as one country. It has also contributed immensely to destruction of Nigerian economy.
Before the coming to office of President Umaru Musa Yar’Adua’s administration, what we had was militancy in the Niger Delta region of Nigeria which many saw as legitimate agitation by deprived and marginalised sections of the country.
The Yar’Adua/Jonathan administration were able to contain that insurrection or uprising which resulted in the restoration of peace thus providing enabling environment for oil exploration and boosting of the national economy.
Subsequently, Boko Haram reared its head and has since continued to torment the nation. Whilst the boko haram insurgency is still an ongoing war, other war fronts have been opened up by Fulani herdsmen welding A-47, killing, maiming, raping and plundering their host communities, kidnapping, demanding and collecting ransom and in many cases, killing their victims. Most of these victims are farmers and because they cannot feel safe to go to farm again, Nigeria is now facing a lack of food crisis or lack of food insecurity.
Another group of criminals which have emerged and oppressed mainly the north west are known as bandits. They specialise in kidnappings, extortion of ransom and mass murder. The acts of all these criminal gangs constitute a terror to the nation, a terror to the President of the Federal Republic of and even the governor of the state where they operate. Kidnapping at its worst is one involved in school children.
While Boko Haram claims to be pursuing the establishment of Islamic republic and aided by foreign terrorists, bandits, also aided by foreign terrorists concentrate on dislocation of the socioeconomic life of the country, mass murder of citizens, extortion of ransom etc.
So many questions have arisen as to deficiency or otherwise of our security agencies. It is clear that activities of these criminals have exposed the shortcomings of our security architecture.
Creation of special court
Those advocating for creation of special court to try the offences of these dreaded offenders with the greatest respect, miss the point.
The creation of such courts will in no way abolish or even reduce the crime. This is because the judges or magistrate who will try such offenders will have to be Nigerians.
Arrest before trial
Those to investigate and prosecute them are the same security agencies who have not been able to identify or arrest or disarm them. There has to be an arrest or investigation before a trial proceeding but that does not justify the creation of special courts for these kind of offences.
Nigeria operates as a democracy where trials have to be in the open. Judges assigned such duties will be doing so with fear and trepidation as he or she might also end up being kidnapped in line of duty. It will not also guarantee special trial.
The unfortunate scenario in the whole drama is that these offences which ought to be capital in nature i.e treason, murder, abduction with the intention of obtaining ransom, culpable homicide punishable with death, all of which are contained in the criminal and penal code of the various states in Nigeria are treated with kids gloves by our leaders who rather bring such charges under what they call anti-terrorism act and similar light offences.
Because of religious bigotry, our leaders even defend the criminal act of these hoodlums. Ethnic and religious bias has even made our leaders to water the soil on which these crimes germinate and grow under their very nose.
The manner in which the leadership at the national leaders discriminates against some sections of the country in the allocation of resources and public offices have helped to create excuses for some criminal elements tearing up their heads in some geo political zones in the country who see themselves as subjugated, deprived and marginalised.
The promotion and championing of the economic and religious interest of one ethnic group who are bent on enslaving other Nigerians and forcefully taking over their lands and means of livelihood ostensibly, protected and supported by the federal government helps to fuel the crisis.
There are no pretenses on the part of the Federal Government as to its bid to promote one religion over and above others and to enable one ethnic group to dominate the others.
Solution
- Provision of level playing ground for all Nigerians in the pursuit of means of livelihood.
- Implementation of the federal character principle as enshrined in the constitution in the allocation of public offices and resources.
- Equal treatment of all Nigerians by law enforcement agencies. An act cannot be termed threat to National Security for which such organisations are prescribed while in other cases they are confined by reason of ethnic and religious origin of the perpetrators. All these help to fuel anger in the land, resulting in threats to our nation.
- The call for national dialogue with a view to determine the basis of our existence as one nation should not be swept under the carpet m. It is during such national dialogue that people air their frustrations and grievances and amicable solutions are found round the table.
Unless this is done, the national security crisis will continue to escalate and no amount of court can resolve the problem.
To be honest, those advocating for creation of special courts are either hypocrites or talking out of ignorance.
Leave a Reply