Unlawful Detention Of UNIUYO Students By Comrade Inibehe Effiong I wish to draw the attention of the Visitor to the University of Uyo and the President and Commander-in-Chief of the Armed Forces of The Federal. Republic of Nigeria, Dr Goodluck Ebele Jonathan, the Executive Governor of Akwa Ibom State, the National Assembly, Honorable Attorney General of the Federation, Inspector General of Police, National Human Rights Commission, CNPP, NBA, NANS, CSOs, ASUU, Femi Falana SAN, Olisa Agbakoba SAN, Bamidele Aturu, Festus Keyamo, Prof Wole Soyinka and other Rights Activists, the International Community, the media and the general public to the continued unlawful detention of 44 students of University of Uyo(all males) in the Uyo prison. Sequel to the crisis that erupted in the University of Uyo on Wednesday 12 June, 2013, the Nigeria Police whose unprofessional intervention escalated the apparently peaceful protest by students of the university against unfavorable policies embarked on an indiscriminate arrest of vulnerable students from their hostels in Udi Street in Uyo and along the road. These students who by virtue of Section 36(5) CFRN 1999 as amended are presumed innocent until proved guilty were initially detained at the police C.I.D of the Akwa Ibom State Command Ikot Akpan Abia from June 12 to June 19 when they were arraigned before Chief Magistrate Lawrence S. Udonwa on felonious charges which included murder, arson, destruction of property and rioting. The students who were brought to court in 8 Toyota Hilux Pickup trucks like a common criminal could, however, not take a plea as the Magistrate Court declined jurisdiction. The case file was transferred to the Director for Public Prosecution (DPP). The Chief Magistrate instead of discharging the students for want of jurisdiction surprisingly made a committal order sending the students to prison pending the decision of the DPP on the matter.In the case of Uneze Ors V. The State (1973) 6 SC 221. The appellants were brought to Uyo Magistrate Court (just like the present 44 students) for an offence of murder of one Inyang Idim and on the committal order of the magistrate; they were subsequently tried in the High Court of the South Eastern State which sentenced all of them to death. On appeal against the conviction and sentence, the issue of the jurisdiction of the Uyo Magistrate Court to entertain the murder case was raised and that the subsequent trial in the High Court of Ikot Ekpene Judicial Division of the state was also a nullity. It was held by the Supreme Court that the committal proceedings in this case were vitiated by a defect in jurisdiction. The appeal was subsequently allowed. It is my humble opinion that the Police had no business arraigning the 44 students in the Magistrate Court. The Police cannot claim ignorance of the defect in that Court’s jurisdiction. Even if they do, ignorantia juris non excusat(ignorance of the law does not excuse). It is equally my humble position that the Learned Chief Magistrate having arrived at the irresistible conclusion that he had no jurisdiction ought to have discharged the students. Discharge is not an acquittal. It is without prejudices to the power of the state to re-arraign them before the competent court, if at all there is convincing evidence establishing a nexus between the students and the crimes of June12. By committing the 44 students to Prison, the Chief Magistrate violated the constitutional right of the students to fair hearing and fair trial guaranteed under section 36 CFRN 1999. How can citizens be kept in prison at the pleasure of the DPP? At the moment, those students are being kept under excruciating, inhumane and totally repulsive condition. They are emaciating by the day. I reject a situation where those students are being used as scapegoats. The Nigeria Police have serious questions to answer on her role in the June 12 crisis. The Police in this case are both the accuser and the judge. The Nigeria Police Force cannot be weak with the corrupt and strong criminals and brutally strong with innocent, helpless and harmless Nigerians. The treatment meted out to these students has once again demonstrated that the weak, vulnerable and the poor have no protection under the law. It adds credence to the assertion that the Nigerian Government is anti masses. It makes nonsense of the Rule of Law, criminal justice system and the Transformation Agenda mantra of the Jonathan administration. It has exposed the Nigerian Judiciary as an institution susceptible to the capricious and tendentious proclivities of the oppressors in this country. I humbly request the immediate intervention of the authorities and persons mentioned above. They should rise to the occasion and save our dear nation from embarrassment in the International Community. The time to act is now. Comrade Inibehe Effiong, a.k.a GANI
Posted on: Sat, 06 Jul 2013 06:35:58 +0000
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