# FREE ODUDU UKPANA (2) Yesterday, I gave reasons for my unconditional support for the Free Odudu Ukpana campaign. I stated clearly that my support for this campaign is based resolutely on the Governors attempt to manipulate public perceptions of this case using the instruments of his personal authority and office as the State Governor. Today, I consider it imperative to further establish these grounds in order to effectively demonstrate the injustice which is now building out inexorably. It is an unarguable fact in our jurisprudence that no man may be presumed guilty until so determined by a court of law. Therefore, on what constituted competence did Governor Akpabio determine that Odudu Ukpana is a murderer guilty in the matter of his fathers death? I have read several public comments by Governor Akpabio himself, where he narrated the presumed circumstances that led to Odudu Ukpanas arrest and incarceration and on which he has already judged the boy guilty. Why has he considered that this public explanation and judgment is necessary, given that this same matter is already before the Magistrate at Abak? Coming from the state governor, whom we well know occupies an office that may someday be called upon to commute the death penalty for murder to a lesser punishment and whom we all know not to be either a state or material witness in this case, shouldnt Governor Akpabio have been prudent with his utterances and leave no one in doubt about his neutrality in this matter? Must we not conclude that the Governors haste to comment and to publicly pass judgment is both indecent and indecorous? Why is it necessary for a State Governor to personally seek to shape public opinion and perceptions of a matter which is already before the courts? Is this the standard official response to all murder cases, state-wide? Chapter 2 of the constitution of the Federal Republic of Nigeria (1999), as amended, guarantees that the security and welfare of the people shall be the primary purpose of government. Therefore, the people have a right to civil, reasonable and peaceful protest in circumstances where it is suspected that this provision has been breached by state action. It is the responsibility of the state to provide relief through open and transparent investigations and expeditious prosecution. It is not within the Governors powers in our laws for him to galvanize public opinion against an accused person, or as he has already done, to pass judgment on an individual currently awaiting trial. The governor is the ultimate authority over the prerogative of mercy and over signature on the death penalty or its commutal.. This position demands that he must be seen to have transparently stayed above criminal justice administration in the state, allowing the sytem to work, unaided, unfettered and unencumbered so that his final signature ( in cases involving the death sentence) may be seen to be just, fair and courageous. Odudu Ukpana potentially faces the death penalty. We cannot all keep quiet in a situation where it appears that the Governors public utterances may well quicken him on his way. Every man and woman of conscience must act in every matter in which innocence must first be presumed and where even the slightest executive infringement on due process has been established. By his comments on this matter, the Governor has infringed on due process and impeached his oath of office. No other conclusion is feasible. #Freeoduduukpana
Posted on: Tue, 20 Jan 2015 08:51:28 +0000