Connect with us

Opinion

Release Of Boko Haram Suspects Impeachable Offence – HURIWA Tells Buhari

Published

on

Buhari Pays Condolence Visit To Families Of Kano Explosion Victims

The trending report of the freeing and resettlement of hundreds of Boko Haram terrorists on the orders of President Muhammadu Buhari is not just an unpardonable ethical crime but amounts to an impeachable offence because it undermines the basis of the rule of law, according to the Human Rights Writers Association of Nigeria (HURIWA).

HURIWA disclosed this in a statement made against the backdrop of the report of the release by the military of 1,009 ex- Boko Haram fighters to the Borno State government.

Besides, HURIWA has asked President Buhari to release Mazi Nnamdi Kanu and all the detained members of the banned Indigenous People of Biafra (IPOB) because in the thinking of the group, if government can undermine the constitution to free hardened terrorists, why is the government detaining members of a self-determination group that denies government accusations of its involvement in the killing of security operatives in the South East of Nigeria?

HURIWA recalled that the Nigerian military on Wednesday released 1,009 ex-Boko Haram insurgents, who had been in military custody at Giwa Barracks in Maiduguri, the Borno State capital.

Citing media report, HURIWA said the former terrorists were handed over to the Borno State government in a secret ceremony that was initially billed to take place at an earlier date but was suspended indefinitely by the military authorities in the wake of the appointment of the new COAS.

HURIWA said sources in the army disclosed that the ex-terrorists were handed over to the Commissioner for Women Affairs and Social Development, Hajiya Zuwaira Gambo, who represented the state government at the event.

READ ALSO: Woman As A Powerful Force For National Development

The officer said: “The army handed 1,009 Boko Haram insurgents to the state government today (Wednesday). It was done in secret. We were warned not to allow journalists to the venue.”

HURIWA in a media statement by Comrade Emmanuel Onwubiko the National Coordinator and the Director of Media Affairs Miss Zainab Yusuf has called on the National Assembly to wake up from slumber and defend the constitution by compelling Buhari to stop breaking the law by releasing terrorists and to move to impeach him should he refuse to rescind the unconstitutional conduct.

According to the rights groups, releasing terrorists is counter- productive for the following logical reasoning:  “It is said the culture of violence brings with it a class of cruel people who believe they are entitled to determine the value of other humans. This is a reality which dawns on a society with weak criminal justice system where crime is not only prevalent and under-reported and officially rarely todocumented but also seldom meted out . This state of affairs breeds a most vile,  oppressive and daring criminal sets like kidnappers and arm bandits.

The US Department of State’s Overseas Security Advisory Council (OSAC) report on Nigeria indicates that kidnapping for ransom occurs throughout the country. There is hardly a part of the country which has not experienced kidnapping and armed banditry in recent times and most disturbing is the hard fact that there does not appear to be a conscious and concerted effort to arrest the situation.  This subject therefore deserves attention and the reason for this paper.

Kidnapping and abduction are used interchangeably to describe the forceful taking or confinement of another against their will for several illegal purposes. A criminal legislation in Nigeria defines the terms as different sides of a crime while in some others, the age or state of mind of the victim is the distinguishing factor.

A lot of the states of the South have passed laws criminalizing kidnapping and abduction.

According to section 1 of the Kidnapping (Prohibition) Law of Lagos State 2017, the term “kidnap” includes the act of unlawful removal or abduction of person(s) from a place to another against the person(s)’ will, either by force or use of offensive weapons, firearms or deception or the act of holding somebody hostage with or without the person’s consent with the intent to demand ransom, for ritual killing or for any other unlawful purpose.

By section 2 of the Law,” the punishment for abduction is life imprisonment but where death results from the kidnapping, the punishment is death sentence. The section provides thus:
From the commencement of this Law, any person who-
(i)            Forcibly takes, holds, abducts, deadlons
(ii)           Instills fear in another or the purpose of kidnapping through coercion or by any other means against the person’s will with intent to demand ransom;
commits an offence, and is liable on conviction to life imprisonment.

READ ALSO: Fresh Trouble For Lai Mohammed As Kwara APC Ratifies Suspension Of Supporters

2)            Where death occurs as a result of the commission of the offence of kidnapping, the offender(s) shall be liable on conviction to death sentence.
(3)           The death sentence imposed under subsection (2) may be executed by-
(i)            hanging;
(ii)           lethal injection; or
(iii)          as the Court may direct.”

Under the Penal Code Law (PCL) which applies in the States of the North including the FCT, the term kidnapping is defined under section 271 in the following words:
Whoever takes or entices any person, under fourteen years of age if a male or under sixteen years of age if a female, or any person of unsound mind out of the keeping of the lawful guardian of such person without the consent of such guardian or consent of someone legally authorized to consent to such removal, is said to kidnap such person.

While Section 270 of the PCL states that whoever by force or by any deceitful means induces any person to go from any place, is said to abduct that person. Punishment for kidnapping range from 10 to 14 years under section273 and 274 of t depending on the intention of the actor.

On the other hand “armed bandit” is  not a legal term for any particular kind of crime but used in association with criminals who carry arms especially firearms which the most deadly of all kinds of offensive weapons. Section 3 of the Robbery and Firearms (Special Provisions) Act criminalizes the illegal possession of “firearms” which is defined under section 11 of the Act to include any canon, gun, rifle, carbine, machine-gun, cap-gun, flint-lock gun, revolver, pistol, explosive or ammunition or other firearm, whether whole or in detached pieces.

To underscore the gravity of firearms related offences, robbery with firearms is punishable with death under Section 1(2) of the Act while receiving property subject of the Act carries a sentence of life imprisonment as well. It is also a crime under section 4(3) for any person’s hospital or clinic to admit, treat or administer drug to a person with bullet wounds without reporting same to the police.

The state has two tasks in which potential victims of wrongdoing are likely to take an interest; first is to criminalize certain behaviors which wrong others, the second is to punish those behaviors. It fulfils only one part of the law when all a society has is provision in a piece of document without complementary enforcement of those provisions aga defaulters or deviants.

The first legal basis and rationale for punishment of those crimes is that the law has provided for their punishment. It must be reiterated that the usual procedure for law passage involves the executive and legislative arm of governments, so much so that even in military regimes, quasi legislative assembly or committees are constituted to serve as the parliament to either formulate the set of rules that eventually decreed or in the least embellish it with the legislative or legal jargons. The point is that at the violation of a law, the organ of government with powers to adjudicate is the judiciary.

READ ALSO: Nigerians’re Suffering – Kano Emir Tells Buhari

Another basis for which the crime of kidnapping and arm banditry must be punished is that they are not compoundable offences. A crime is compoundable when the victim of an offence which is personal to him accepts settlement from the perpetrator in lieu of prosecution. However the offences of kidnapping or abduction and armed banditry are not personal to the any particular victims. The whole society is a victim of kidnapping and armed banditry.   They are offences which deal with the state of safety of the public and for which any member of the society could be a victim either by virtue of social standing in financial terms, or by virtue of mere membership of a particular tribe or group or merely by being a believer or practitioner of a particular faith or religion.

Again the manner of carrying out of these offences involves the use of fire arms which only the state has prerogative over.

Moreover it is some way compounding of offence to fail to prosecute and punish kidnappers and arm bandits. In the case of PML (NIG) LTD v. FRN (2017) LPELR – 43480 (SC), 39-44, Paras. B-C the Supreme Court shed light on the concepts of compounding of offence and compounding offence in the following words:

“Compounding a crime” is defined in the same Black’s Law Dictionary, 9th Ed., as follows;
The offence of either agreeing not to prosecute a crime that one knows has been committed or agreeing to hamper the prosecution.
Compounding a crime is also “a criminal act in which a person agrees not to report the occurrence of a crime or not to prosecute a criminal offender in exchange for money or other consideration.”

The offence is complete when there is an agreement to either withhold evidence of the crime, conceal it, or fail to prosecute it.

READ ALSO: BREAKING: Senate Restricts Electronic Transmission Of Results In New Electoral Law

“Compounding of offences” on the other hand, is an act on the part of the victim, who decides to pardon the offence committed by the accused person, and requests the eourt to exonerate him. This does not mean that the offence has not been committed;”

In Ramesh Chandara v. A.P. Jhaveri [A.I.R.1973 SC 84] the Indian Supreme Court made a profound statement which appears to shade light on the conspiracy of silence in the midst of the gruesome crimes and state of unrest in Nigeria today. The court held that an invisible permission to compound a compoundable and non- compoundable offence is totally invalid.

Prevalence of an offence is another reason for the need for stiffer measures and sanctions to ensure deterrence. In the case of Onyilokwu V The State (1981) 2 NCR 49 where the offender was initially detained for causing hurt, and later, he unsuccessfully tried to escape and was additionally charged with escaping from lawful custody. Although he was later discharged and acquitted, the court expressed the view that three years imprisonment earlier imposed on him did not show adequate consideration not only for his first offender status, but also , for an offence which was not prevalent in the community. The rationale for reconsidering the sentence gives a clear indication that a prevalent crime should not be treated with kid gloves if such a society must survive the crime.

In the case of Olanipekmi V The State (1979) 3 LRN 204 1979 (alias junta manta), during a robbery, the leader ordered one of his followers to shoot a victim. He complied but the gun did not go off. In sentencing him to five years imprisonment with hard labour, the court cell said:

‘’society demands that such a man should be kept out of circulation for some time-the offence is a serious one………’’
Similarly, courts have taken a very serious view of the offences which injure or threaten the lives of citizens. In the case of R. v. Ozuloke Suit No.HU/4/47/C/71 (High Court Umuahia, Unreported) where the appellant met a little girl aged about eight years who was related to him on a village road, he covered her eyes with his hand and stuffed bread into her mouth to stop her crying out and took her into a bush, he laid her out on the ground, stood on her hand, poured acid over her body and cut off her left ear, he forced her eyes open and poured acid into them. He later ran away leaving the little girl unconscious. A twenty year jail sentence was considered adequate; the offence was regarded as being most revolting. What could be more revolting than the present state of widespread and indiscriminate possession of firearms and the attendance wanton crimes of kidnapping, molestation, killings, terrorism in all parts of the country today?

“Lastly the present prevalent state of armed criminality is direct affront to the Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as mended) and undermines her territorial integrity, national unity and nationhood. Section 1 (3) of the Constitution of the Federal Republic of Nigeria provides that

” ‘The Federal Republic of Nigeria shall not be governed nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”

“The history of rebellion and revolution all over the world began with proliferation of arms and unbridled state of crime associated with such arms as in the present state. Nigeria therefore cannot afford to treat the present state of crime and insecurity lightly under any guise. To do so will be a clear decision to ignore history …”, the group added.

 

Read more authentic news on our social media platforms

Continue Reading
Click to comment

Latest News

Abiodun Seeks US Partnership In Developing Critical Sectors

Published

on

Ogun State Governor Dapo Abiodun

The Ogun State government has solicited for partnership with the United States of America in developing the critical sectors of the State’s economy.

The State Governor, Prince Dapo Abiodun who stated this when he received the American Consul General to Nigeria, Mr. Will Stevens, who led a 5-man delegation on a courtesy call in his office at Oke-Mosan Abeokuta on Wednesday, noted that the State considers the United States as a progressive partner in the areas of economy, good governance, security, climate change and human capital development around the world.

Governor Abiodun posited that the State apart from the sophistication of its people and their cognitive political culture, is unanimously and popularly adjudged as the New Jersey of Nigeria and the leading industrial hub in the West Africa Sub-region, hence the need to tap from the American experience to further its developmental stride.

The governor said his administration at inception in 2019, assembled a team made up of highly resourceful technocrats and cerebral policy architects and conceptualized a transformational philosophy coined ISEYA, which is an acronym for Infrastructural Development, Social Welfare and Well-being, Education and Human Capital Development, Youth Empowerment and lastly, Agriculture and Food Security.

He said: “Through this concept, we have strategically transformed the state with modern infrastructure, deliberate policy steps to attract businesses and moving the economy from being federal allocation-focused to becoming the state with the third largest Internally Generated Revenue in the country.

“The State’s strategic location as the primary gateway to Lagos State – the largest market with the busiest ports in Nigeria has contributed to its status as the Industrial Hub of Nigeria.

“Our State is home to one of the largest industrial zones in Sub-Saharan Africa, which includes the 8,000 hectares OPIC-owned Agbara Industrial Estate, which accommodates the Federal Ogun-Guangdong Free Trade Zone (OGFTZ), with forty-four (44) operational companies, factory tenants from across the world, with over 6,000 Nigerian employees and an estimated 100,000 metric tons of freight moving in and out daily.”

Prince Abiodun noted that in its quest to make Ogun State the first destination for investors in Nigeria, his administration is currently constructing an Agro Cargo International Airport at Iperu-Ilishan road in Ikenne Local Government Area of the State, adding that the project is strategically designed to create the needed infrastructure to boost the exportation of agricultural and non-agricultural goods.

“By its structure and business plan, the Cargo Airport remains a game-changer in our import and export promotion efforts, as it was specifically constructed to be an aerotropolis (Airport City) equipped with components such as a special agro-processing zone to process raw agricultural materials for exports, an international testing centre to certify that agro-produce complies with international standards before it is exported, and facility for passenger operations as well as facilities to receive parcels coming into Nigeria that are to be redistributed to other parts of the country.

“In addition to that, it is an important component of Ogun State’s transportation master plan expected not only to connect rail, road and water transportation but also to decongest the Lagos Airport,” the governor added.

Governor Abiodun appreciated the American government for her firm stance on democratic governance, specifically on the sanctity of the electoral process as well as supporting different reforms in the electoral process and taking an uncompromising position on electoral offenders.

In an interview after a closed-door meeting with the governor, the Consul General said their discussions centred on security and health.

He noted that health remains the number one investment in Nigeria as the US government is in the health sector to help Nigeria to reach the 95 95 95 goals of ending the HIV/AIDS epidemic in the country.

“It is my job to promote US trade and investment here in certain parts of Nigeria. I had a great conversation with the governor about the incredible investment the US companies are already making in the state as well as opportunities for more increased US trade and investment.

“We also talked about the tax sector, I think there are incredible opportunities right now to find jobs and opportunities for Nigerian youths to participate in the tax sector.

“We’ve seen the explosion of growth and investment in that sector throughout Nigeria, particularly in the South West,” the Consul General added.

Continue Reading

Opinion

Toyin Falola And The October Harvest

Published

on

Prof. Ezekiel Oladele Adeoti .Photo by ‘Gbile Oshadipe (2023) ©

By Ezekiel Oladele Adeoti

In the annals of academic and societal change, few luminaries shine as brightly as Professor Toyin Falola. As autumn leaves drifted in October, the literary world was astir from the changing seasons and the relentless enthusiasm of a septuagenarian scholar making waves across lecture halls and public platforms. In many cultures and traditions, October is a month of harvest – a time to reap the fruits of labour sown in prior months. Fittingly, for Professor Falola, this October truly lived up to that essence, bearing witness to an intellectual harvest that few could parallel.

Prof. Toyin Falola at the second  Distinguished Lecture Series of the Department of History & International Studies, Lagos State University, Ojo-Lagos, Nigeria on August 10, 2022. Photo by “Gbile Oshadipe (2022) ©

In many ways, the achievements of this month were a microcosm of Falola’s broader career: a testament to the confluence of hard work, passion, and a deep-seated commitment to societal advancement.

Within 31 days, Falola graced the podium for 3 public lectures, imparted wisdom in 2 university lectures, and was the beacon of 3 convocation lectures. Each of these engagements wasn’t just about sharing knowledge; they were conduits for sparking change, challenging established norms, and inspiring the next generation. However, to truly grasp the magnitude of Falola’s October endeavours, one must delve deeper into the essence of the man himself. At an age when many of his peers are retreating into the tranquillity of retirement, Falola’s spirit remains undiminished, if not encouraged. It’s not just the number of lectures or the honorary doctorates he received – which, in and of itself, is a remarkable feat – but the zeal with which he approaches each endeavour. His lectures, for instance, are not mere recitations of historical facts or academic theories. They are vibrant tapestries woven with threads of history, contemporary societal issues, and a vision for a brighter future. They challenge, they provoke, and most importantly, they inspire. But what drives a man of over 70 years to such relentless pursuit? To find the answer, one need not look further than his past works and the themes that permeate them. For Falola, academia isn’t a secluded ivory tower but a platform to engage with the real world. His research, extensive and varied as it is, always circles back to the core of societal problems. From the intricacies of Yoruba history to the broader strokes of African colonial and post-colonial narratives, Falola’s work sheds light on the issues that matter. These are issues that, in many ways, continue to shape societies today.

In this context, October wasn’t just another month in the calendar but a manifestation of Falola’s lifelong commitment to societal change. A promise that has seen him transcend the traditional confines of academia to engage with the broader public. His public lectures resonate with many audiences, often interspersed with anecdotes, real-life examples, and a touch of humour. From the eager university student to the curious layman, Falola’s words strike a chord, reminding everyone of the transformative power of knowledge and its role in sculpting a better future. In delving deeper into the man behind the October Harvest, one quickly realizes that Professor Falola’s achievements are not a product of overnight success but the culmination of decades of unwavering dedication. It’s a journey that’s seen him navigate the tumultuous waters of academia, societal challenges, and personal hurdles, emerging each time with a renewed sense of purpose. More than anything, this tenacity has been the cornerstone of his October endeavours and his broader career. One might wonder, what is the essence of these lectures and engagements? Why do they matter? The answer lies in the content and context of each meeting. Take, for instance, one of his public lectures from October. While the topic might have revolved around historical narratives, Falola deftly intertwined it with contemporary issues, drawing parallels and highlighting lessons. His ability to bridge the past with the present, to draw lessons from history and apply them to current challenges, is what sets him apart. In doing so, he educates and empowers his audience to view issues through a multifaceted lens, promoting critical thinking and proactive engagement.

Moreover, the venues of these lectures—from universities to public platforms—underscore his commitment to inclusive education. Universities, the traditional bastions of knowledge, are just one part of the equation for Falola. By stepping out and engaging with the broader public, he’s democratizing knowledge, making it accessible to all, irrespective of their academic or socio-economic backgrounds. It’s a move that challenges the status quo, emphasizing that learning shouldn’t be confined to ivory towers but should permeate every stratum of society. However, it’s not just the lectures that stood out in October. The two honorary doctorates he received are symbolic of his contributions to academia and society at large. Such accolades, while celebratory, are also reflective. They compel us to examine the body of work that merits such recognition. For Falola, it’s a vast tapestry of research, publications, mentorship, and public engagement. Each strand, be it a book, an article, or a lecture, is imbued with a purpose: to enlighten, challenge, and change. Yet, amidst all the accolades and achievements, what’s truly remarkable is Falola’s humility. Interact with him, and you’re not met with the airs of a celebrated academician but the warmth of a mentor, the curiosity of a lifelong learner, and the passion of a societal changemaker. This unique blend of excellence and humility makes his October Harvest not just an academic feat but a life lesson for many. It serves as a poignant reminder that success isn’t just about personal milestones but about the impact one leaves on society and the legacy one creates for future generations.

Reflecting on the October Harvest and the man at its epicentre, we must contextualize Professor Falola’s achievements within a broader societal framework. At a time when the world grapples with myriad challenges – from socio-political upheavals to environmental crises – the role of intellectuals and academicians becomes ever more crucial. And Falola, with his October engagements and lifelong commitment, epitomizes the potential of scholarly intervention in driving societal change. But why is this important? In an era dominated by bite-sized information and fleeting trends, the depth and breadth of academic research provide a counterbalance. Falola’s lectures, rich in historical context and analytical depth, offer a respite from the cacophony of superficial narratives. They remind us of the importance of understanding the past to navigate the present and shape the future. Every lecture and engagement is a clarion call for introspection, urging society to delve deeper, question more, and strive for a holistic understanding. This is not to say that academia is the sole bastion of truth or the only path to societal change. But scholars like Falola, who bridge the gap between the academic and public spheres, play a pivotal role in grounding discussions in research, evidence, and historical context. They serve as beacons, illuminating the path forward with the torch of knowledge.

Furthermore, Falola’s October engagements underscore the timeless essence of commitment and passion. His journey is a testament to perseverance, dedication, and lifelong learning in a world that often prioritizes instant gratification. It’s a narrative that resonates beyond the confines of academia, inspiring professionals, creatives, and changemakers across various fields. The underlying message? Age is but a number; passion and commitment are timeless. As we draw the curtains on the October Harvest, carrying forward the lessons it offers is essential. It’s a month that celebrates Professor Falola’s achievements, the ethos of scholarly engagement, and its potential impact on society. It’s a call to action for scholars, students, and the general public to engage, question, learn, and drive change.

In conclusion, Professor Toyin Falola’s October Harvest is more than a chronicle of a month’s achievements. It’s a celebration of a lifetime of dedication, a tribute to the transformative power of knowledge, and a reminder of the potential each one of us holds. As the leaves of October give way to the chill of November, the echoes of Falola’s lectures, the wisdom of his words, and the passion of his commitment continue to inspire, urging us all to sow the seeds of change, knowledge, and progress. For in every seed lies the promise of a harvest, and in every effort, the potential for impact.

Prof. Adeoti wrote from  the Department of History & International Studies at the Faculty of Arts, Lagos State University, Ojo-Lagos, Nigeria.

 

Continue Reading

Opinion

Keep Witchcraft Accusations Out Of Politics In Sychelles

Published

on

Witch Burning, Impunity And Abuses Linked to Witchcraft Beliefs In Benue State
Dr. Leo Igwe

By Leo Igwe

The Advocacy for Alleged Witches urges the government of Sychelles to keep charges linked to witchcraft beliefs out of politics in the country because they make no legal and political sense. This call became necessary following a report that the country’s main opposition leader, Peter Herminie has been charged with witchcraft. Charged with witchcraft in this 21st century? He was accused along with seven other persons including a Tanzanian. According to the report, Herminie and other persons have been charged with “possessing items intended for use in witchcraft, conspiracy to perform witchcraft and procuring services related to witchcraft”. It was stated that the name of this key politician was allegedly mentioned in a whatsapp message between a local and the person from Tanzania, who was arrested at the main international airport on September 21, 2023. The report says that “Items related to witchcraft, including stones, black wooden artefacts, small bottles of brownish liquid, a collection of powders, and documents with strange language and “demonic and satanic” symbols” were found in the possession of this Tanzanian.

State prosecutors are of the notion that the documents might be some vandalised materials from the local churches. Mr. Herminie has denied the charges, and dismissed the allegation that items linked to witchcraft including bones, body parts, and objects associated with Christianity” were found in his office or in his possession.

The Advocacy for Alleged Witches is asking the government of Sychelles to drop these charges, because they are absurd and constitute a show of shame and embarrassment. The prosecution of Herminie and other co-accused is witch hunting in both literal and political sense. And witch hunting should has no place in 21st century politics in Sychelles.

Otherwise, how does the government define witchcraft or witchcraft items? How does the government distinguish witchcraft items, whatever that means, from traditional religious objects? How did the prosecutors know that the said items were intended for use in witchcraft? Are stones, black wooden artefacts, and small bottles of brownish liquid witchcraft materials? I mean how will state prosecutors establish that some symbols are demonic and satanic?

Has the government the facility or expertise to prove beyond reasonable doubt what is witchcraft and what is not witchcraft, what is demonic or satanic and what is not? How will the government prosecute this case without flagrantly violating the right of its citizens to freedom of religion or belief? At a time of growing cases of witch persecution in many parts of Africa, the government of Sychelles should discontinue this unfortunate and unwarranted instance of witch hunting.

 

Dr.Igwe directs the Advocacy for Alleged Witches.

Continue Reading

Top Stories