THE EZU RIVER FLOATING CORPSES, THE NIGERIAN POLICE AND THE REST OF US: SPEAKING OUT FOR THE DEAD. BY: JIDEOBI JOHNMARY CHUKWUKASI, ACTING CHIEF JUDGE, S.U.G. HIGH COURT, UNN. 08131131942 (sms only) or joannesmaria2009@yahoo “This case represents the height of man’s inhumanity to man. The appellant and his co-accused constables employed by the nation to protect the lives and properties of its citizenry embarked on this unlawful mission and in their brazen brutality terminated the lives of these innocent and defenseless victims , with unimaginable damages to their loved ones and families back at their various homes. The case demonstrates the regrettable reality that the numerous police checkpoints along our highways only give the citizenry a false sense of security.” Per,Francis Fedode Tabai J.S.C. in Benjamin Oyakhire V. The State [2010] NWLR (pt. 1104) 361 @ 366. It was Aristotle , the great Greek Philosopher , who once averred that for any discussion to be intelligible , there must be definition of terms. In keeping with the foregoing dictum therefore , it becomes imperative for us to critically examine the key word of our central concern , nay , the police. Among many other , though similar , definitions offered by different English dictionaries ,I feel more comfortable to settle for the definition of the word as offered by the Black’s Law Dictionary , eight edition. According to the said dictionary, POLICE means “ The government department charged with preservation of public order , the promotion of public safety , and the prevention and detection of crime. (2) The officers or members of this department.” The same dictionary went further to define a police officer as “ A peace officer responsible for preserving public order , promoting public safety , and preventing and detecting crime.” From the foregoing definitions , three pronounced duties were elicited , to wit ; (1) Crime detection and prevention (2) Preservation of public order and (3) Promotion of public safety. That the primary duty of every responsible democratically elected government towards its citizens is security is no longer a contentious issue among political pundits. Realizing this much , the Federal Republic of Nigeria established the Nigerian Police Force by virtue of the Police Act of 1968 as contained in the Laws of the Federation of Nigeria ( L.F.N. ) Cap P21. The thrust of this discuss is to critically bring into focus “ HOW ” the contemporary Nigerian Police Force carry out the duties with which they are charged by the enabling Laws , their impacts on the ordinary Nigerian citizens , the perception of the Nigerian police by the Nigerian public they serve based on their conducts , the general , both present and future , implications and kindred issues. It is commonplace to hear people engaging in casting of aspersions on the Nigerian police officers. This generally takes place either in public buses , market places or homes. So many scathing criticisms and vitriolic attacks have been rained on the members of the Nigerian police force. In some cases , some embittered individuals or victims of police misconducts go the real mile of placing curses on the police officer. Unfortunately , this curses are extended to not only the officer’s children but also to his future generations. Natural justice demands that for any individual to suffer condemnation , in the instant case a police officer ,criticisms and curses for alleged misconducts , he has to be judged according to the standard of his day. The question now suggests itself , what is the standard of conduct expected of a Nigerian police officer ? Surprisingly , the answer is not far-fetched. Section 339 of the Police Act comes handy. The foregoing section , under the standards of Police Officers ,provides in clear terms ; The standard of conduct required of a police officer are that he shall – (a) Offer prompt obedience to lawful orders ; (b) Be determined and incorruptible in the exercise of police duties ; (c) Have a strict regard to the correctness of his general behavior ; (d) Take a proper pride in his appearance both in uniform and out of uniform Section 340 went ahead to reel out the attributes of a police officer. According to the said section , “ A police officer is required to have a thorough understanding and knowledge of the Laws , and of police orders and instructions , and to develop the attributes of – (a) Efficiency and thoroughness through meticulous attention to details in the performance of his duties ; (b) Courtesy , forbearance and helpfulness in his dealings with the members of the public ; (c) Tact , patience and tolerance , and the control of his temper in trying situations ; (d) Integrity ,in refusing to allow religious , racial , political , or personal feelings or other considerations to influence him in the executions of his duties ; (e) Impartiality ,in the avoidance of feelings of vindictiveness , or the showing of vindictiveness towards offenders ; (f) Strict truthfulness in his handling of investigations , and in the giving of evidence. While making every appreciable efforts to enthrone and inculcate sound conducts and instill professionalism and excellence in the police officers , the Police Act did not forget that there could be the possibility of abuse of power. Thus section 341 sternly warns that ; “ In the individual exercise of his powers as a police officer , every police officer shall be personally liable for any misuse of his powers or for any act done in excess of his authority.” It has been observed that Nigerians , and indeed the greatest majority , hold their police officers in utter disdain and have reasons to feel more secured in their absence than in their presence. What accounts for this dangerous perception by the Nigerian public appears not far-fetched. Longtime observations reveal that Nigerian police officers , and indeed very many of them ,are , to be mild and euphemistic , corrupt , crooked , highhanded , grossly abusive , ferocious and regrettably most unfriendly towards the public in the discharge of their public duties. Indeed , this ill-feelings of the public towards the police seems not misconceived . A case in hand may perhaps serve to drive home this contention. In the Nigerian Weekly Law Reports (N.W.L.R.) (pt.1104) pgs. 361-386 is found the following criminal case involving three Nigerian police constables. The is titled Benjamin Oyakhire V. The State. This is a Supreme Court case of culpable homicide. In charge No HCL/6C/2001 before High Court , Kogi State holden at Lokoja , the accused persons were jointly tried on four heads of charge of criminal conspiracy ,culpable homicide , armed robbery and mischief by fire contray to sections 97 (1) , 221 , 336 and 298 (c) of the Penal Code. The police constables were attached to the Mobile Unit of Nigeria Police Lokoja in Kogi state. The four count charge preferred against them was that on or about the 17th of February 2001 they committed ; (i) Murder when they caused the death of one Mamodu Abdullahi Ajawu by inflicting gunshot wound on him and the deaths of Rafiu , John Ogara , Thomas Onah and Alfa by setting their vehicle registration No Osun XB 104 SGB on fire and burning them to ashes punishable under section 221 and 79 of the Penal Code. (ii) Armed robbery when armed with their service riffles , they robbed Saka Jimoh , Abdullahi Ajawu , Suleiman Badmus and other passengers in the vehicle punishable under section 298 of the Penal Code . (iii) Mischief by fire by setting the vehicle Registration No Osun XB 104 SBG on fire and burning same to ashes punishable under section 336 of the Penal Code (iv) Criminal conspiracy to commit culpable homicide , armed robbery and mischief by fire contrary to and punishable under section 97 of the Penal Code. At the end of the trial , the trial Chief Judge , Hon. Justice A.U. Eri convicted each of them and sentenced each to various sentences of death , life imprisonment and 7 years. In the course of the trial, the learned Chief Judge made the following observations; “ Be that as it may , I hereby state in the strongest term that the conduct of the three accused persons in this crime was in the circumstances barbaric and reminiscent of the stone age when civilization of any form appeared unknown . I see the three accused persons clearly as people who have no regard for the sanctity of human life . From my careful observation of them throughout this trial , their apparent sign of remorse is to me deceitful. Undoubtedly , the three accused persons are all unfit for decent society ,which we most cherish.” Not surprisingly, their appeal to the Court of Appeal was also dismissed. Dissatisfied with the Appellate Court’s decision, the condemned police constables further appealed to the Supreme Court. After carefully reviewing their case , five Justices of the Supreme Court that sat on the appeal , led by Justice Francis Fedode Tabai , found as a fact that ; “ The uncontroverted evidence before the court is that the appellant and the two other convicts , each armed with the rifle officially assigned to him for his official duties as a police officer agreed to go and rob the victims of their money . In the course of their criminal adventure and in an apparent bid to overcome resistance or prevent escape one of them shot and killed one of the victims of the robbery Mamodu Abdullahi Ajawo. In the same escapade and for the purpose of achieving their self same common end , one of them shot into the vehicle. The shot hit a jerry can of petrol and ignited a fire which burnt down the vehicle and four persons in it to death.” In his own contribution , Hon. Justice Sylvester Umaru Onu , while concurring with the lead judgment , condemned the dastard act of the convicts. According to him , ; “ The acts of the appellant in perpetrating the crimes charged are heartless and dastardly in both design and execution. The act of setting ablaze the four deceased persons in a vehicle to facilitate their being burnt to ashes was not only inhuman but wicked in the extreme.” In summing up his lead judgment, Francis Fedode Tabai J.S.C. , lamented that ; “This case represents the height of man’s inhumanity to man. The appellant and his co-accused constables employed by the nation to protect the lives and properties of its citizenry embarked on this unlawful mission and in their brazen brutality terminated the lives of these innocent and defenseless victims , with unimaginable damages to their loved ones and families back at their various homes. The case demonstrates the regrettable reality that the numerous police checkpoints along our highways only give the citizenry a false sense of security.” These practices destroy public confidence in the police. The Presidential Committee on Police Reform in 2006 confirmed that: “In Nigeria, the relationship between the Police and the public is largely characterized by mutual mistrust and hostility. The general causes of the negative opinion on Police by the public include the repressive nature of enforcement under authoritarian colonial and post-colonial governments; general inefficiency of the Police due to inadequate facilities; corruption; poor remuneration and conditions of service, insensitivity and incivility towards the public by the Police.” The Justice Goodluck Commission of Inquiry, which investigated the extrajudicial execution of six innocent civilians by police personnel in Abuja in June 2005 (known as the “Apo Six” murders), concluded that the NPF was “an unfriendly organization whose officers are generally high-handed and abrasive, always using their position to take unfair advantage of people in order to extort money from them.” In his 2006 report based on a mission to Nigeria, the UN Special Rapporteur on Summary, Arbitrary or Extrajudicial Executions observed that torture was an intrinsic part of law enforcement in Nigeria and found a “largely unaccountable Police force, a system that does little to deter Police killings or deaths in custody, and impunity for those accused of associated misconduct.” The Presidential Committee on Police Reform in 2006 came to the conclusion that: “Instances of Police brutality are common during crime control; crowd control during public events and ceremonies; control of processions, protests, demonstrations, investigation, and at checkpoints. Extrajudicial killings, summary executions of suspects and revenge killings are also widely reported. Due to a combination of poor training, inadequate infrastructure, and absence of respect for due process and human rights, the Police often resort to torture to extract confession and information from suspects. Another practice that has brought the Police into disrepute is that of arresting relations of a suspect as substitutes or hostages. In addition, individuals are arrested and detained on flimsy grounds, with a view to extorting money from them.” The cumulative result of all this, as confirmed in the 2008 report of the second Presidential Committee on Police Reform, is “the loss of public confidence in the integrity of police personnel.” The Leadership of the Force is hereby encouraged to summon all the energy in its arsenal in ensuring that the pattern of police misconduct and impunity established in these various investigations and reports are addressed. It must however be conceded that this may not be the best of time for the Nigerian Police Force in the light of the field day being enjoyed by marauding terrorists in recent times. It is however reassuring to note that the current Inspector General of Police, by a stroke of resolve has rekindled hope that the Nigerian Police Force will rise again out of the ashes of disappointment and failure and serve Nigerians in the spirit, and beyond the letters of our Constitution. He is making good his promise of leading by example and ensuring internal discipline in the Force. He has set himself on a worthy cause and is entitled to praise. He must however be reminded that the road is still a long and bumpy one, and the challenges, as well as the uncertainties are enormous. Having started on a promising note, the expectations will be stronger. Mr. Mohammed Dahiru Abubakar will need to keep a steady and resolute hand on the plough. As I wish him more strength, courage and wisdom to pursue this good cause, I will also wish to remind him that the case of “mysterious” corpses found on the Ezu River leaves much to be desired and commands immediate and expeditious forensic analysis to unearth the source and culprits of the dastardly act that has unfortunately formed part of the history of this great nation. It has indeed opened the most shameful page in the history of Human Rights abuses reminiscent of the dark ages of ferocious cannibalism. Since it is undoubtedly within the competence and portfolio of the Nigerian Police to detect crimes, the Ezu River horrendous incidence remains an undischarged assignment waiting for the Nigerian Police and must be seen as a test case. Nothing could be more criminal, in a sane society, than wanton deprivation/wasting of a man’s life talk of a dozen plus (am here being conservative with the number) in circumstances only possible in a banana republic. It is one human rights abuse too many. We all must speak out and rise for the rights of the souls whose bodies were found floating on the river like drowned goats. The rest of us have an abiding responsibility to speak out. The compelling reason why we all must speak out is not far-fetched as it is contained in the words of Father Martin Niemoller: “First they came for the communists,?and I didn’t speak out because I wasn’t a communist. Then they came for the socialists,?and I didn’t speak out because I wasn’t a socialist. Then they came for the trade unionists,?and I didn’t speak out because I wasn’t a trade unionist. Then they came for the Jews,?and I didn’t speak out because I wasn’t a Jew. Then they came for the Catholics,?and I didn’t speak out because I wasn’t a Catholic. Then they came for me,?and there was no one left to speak for me” One day, they will come for us, and there will be nobody left to speak for us. What a sad day it would be. Your guess is as good as mine. May such a day never come!
Posted on: Fri, 28 Jun 2013 16:06:59 +0000
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