Still on extra-judicial killings/jungle justice

The way lives are taken with impunity in the country of late is assuming a dangerous dimension. Analysts fear that if the trend is not halted by a strict application of the law, the worst may happen soon; SUNNY IDACHABA writes.

In October 1987, a major crisis erupted at Epetedo area of Lagos Island leading to three days of severe protests with several human lives cut short and property worth millions of the Naira destroyed. The reason was simple; policemen on a stop-and-check duty accidentally shot and killed two young men who were later identified as the Dawodu brothers. The incident sparked violent reactions from Lagos residents who viewed the action of those policemen as a gross violation of human dignity. The two people were killed by a detachment of mobile police personnel from the Mopol 21 Squadron in Obalende Lagos because of a disagreement over a token of 20 Naira note.

It took a deployment of the military men from Dodan Barracks and Ikeja Military Cantonment to quell the crisis that lasted almost five days paralysing activities in the then nation’s capital.

The case of the late Dawodu is an example of extra-judicial killings by both state and non-state actors over the years. Despite the hues and cries by rights activists and international organisations against it, the trend has continued unabated. Painfully, nothing has been done to stop it as no one knows who could be the next victim. While it’s understandable that such can thrive under a military regime, without any repercussions, it’s unthinkable that under a civilian, democratic setting, extra-judicial killings or what is also known as jungle justice still happen while the perpetrators move about freely. This reporter recalls a series of such incidents.

Examples

Recently, near Onitsha, two people were reportedly burnt alive by an angry mob. The two were part of a four-man gang of supposed armed robbers that earlier robbed someone along Limca Road in Nkpor, Idemili LGA of Anambra state.

According to sources, trouble started when they reportedly robbed the owner of a sienna car of his possessions along Umuoji road at gun-point and dispossessed him of money, a handset, necklace, wristwatch, wallet, among others.

After the incident, they sped off in their tricycle. The victim, however, trailed them up to Nkpor Motor Park shouting which attracted the attention of passers-by and a local vigilante group. In the process, two were caught while the other two escaped. Before policemen could arrive at the scene, the two caught were burnt alive.

Last week in Cross River state, a woman, Mrs. Martina Okey Itagbor, was brutally killed by a youth group at Old Netim, Akamkpa local government area after chopping her fingers. Her offence was that she was accused of witchcraft by her killers.

Report indicated that the woman was beaten mercilessly, stripped naked before the youths poured a bottle of petrol on her and set her on fire. Despite her repeated wailing and plea for help, she was burnt to death alive.

After the incident, Blueprint Weekend gathered that civil society organisations like Citizens’ Solution Network, Agba Jalingo Foundation for Investigative and Accountability Journalism and Association of Cross River Online Journalists (ACROJ) called for the arrest and prosecution of all involved in the brutal murder. The state government also, it was learnt, ordered an investigation into the murderous act while calling for the prosecution of everyone involved.

In 2019, a woman, Salome Abu was brutally murdered in her apartment at Ochadamu, a community in Kogi state. In her case, she was locked inside her apartment while the entire five-bedroom apartment was set on fire. Her death, according to the report, was politically motivated, but her killers are allegedly moving freely in and around the state.

In 2022, a female student of Shehu Shagari College of Education in Sokoto by the name Deborah Samuel was brutally murdered in cold blood by her fellow students. In her case, she was stoned to death over her religious stand even though her killers alleged blasphemy. Although the state government promised to prosecute all those involved, especially the ring leaders, Blueprint Weekend investigation reveals that the killers are still moving freely in Sokoto.

In his reaction, an Islamic organisation, NASFAT, condemned the act in totality. The chief missioner of NASFAT, Imam Abdul Azeez Onike, said the extra-judicial killing of Deborah was not only barbaric, but alien to Islam and, therefore, was unacceptable to the religion.

While that was yet to settle down, just before the last Sallah holidays, a butcher, Usman Buda, was brutally mobbed to death through stoning in a local market within Sokoto over what his killers said bothered on blasphemy.

Condemnations

The act which drew the ire of Nigerians equally attracted the angst of an influential media outfit in the North. In a widely circulated editorial, the outfit, Media Trust Newspaper of Monday July 3, took exception to what it described as “any lawless acts that justifies taking of human lives.”

According to the editorial, “In every revealed religion, human life is sacred. Sadly, some Muslims for whatever reason recently decided to ditch this doctrine and take the laws into their own hands by killing a butcher in Sokoto, Usman Buda, whom they accused of blaspheming the Prophet Muhammad (SAW).

“We do not make any excuses for blasphemy, nor for those who knowingly or unknowingly blaspheme. Indeed, we cannot, but we believe we have a duty, first to Islam and then to our society, to point out, very clearly, that the killing of people outside of any judicial process for the sake of a religion that strongly teaches the sacredness of life is, indeed, the height of religious ignorance, bigotry, cruelty and man’s inhumanity to man and we condemn it in the strongest terms.”

Killings outside court’s pronouncements illegal

In his reaction to all of these, a senior lawyer and Senior Advocate of Nigeria (SAN), Jibrin Okutepa, said all the political killings in the country without prejudice to court pronouncements are extra-judicial; therefore, the law, he says, frowns at such. He noted that the same law should take precedence over such infractions.

While making reference to the recent political assassination in Kogi state in which political gladiators linked the state government with the brutal murder of a known thug by the name Kabir Bala, Okutepa said,

“That Kogi state government in collaboration with security agencies murdered Kabir Bala in cold blood does not make it lawful and legal. Where the rule of law holds sway, individual terrorist misconduct as exhibited in the unlawful murder of Kabir Bala cannot be tolerated and accepted. Political barbarism is not allowed in democracy. I, therefore, call on the federal government to urgently set up a high powered judicial inquiry in political murders and assassinations in Kogi state. Time to act is now. Let not allow lawlessness to continue in Kogi state.”

Not lawful

On his part, an Abuja-based lawyer, Asan Bempoo Paul, said extra- judicial killing or jungle justice has no place in law; rather the law frowns upon it.

“The law is against extra-judicial killing/jungle justice as everybody standing trial is presumed innocent until proven guilty as enshrined in the constitution of the Federal Republic of Nigeria 1999, as amended.”

He said an accused remains innocent until proven guilty by a competent court of jurisdiction.

“The Nigerian Criminal and Penal Code prohibit the use of trial by ordeal, mob-lynching and jungle justice and any person who administers or participates in it can be charged with a criminal offence. The use of trial by ordeal can lead to wrongful convictions and miscarriages of justice. It also infringes on the fundamental rights and civil liberties provisions of the constitution, the African Charter and the United Nations Universal Declaration of Human Rights; specifically the right to life and to fair hearing (to be tried before an impartial tribunal).

“Section 33 of the 1999 Constitution of Nigeria states that every person has a right to life and no one shall be deprived of the same, except as approved by law. Trial by ordeal is prohibited and criminalised under Chapter 20 (Section 207 to 213) of the Criminal Code and Chapter 17 (Section 214) of the Penal Code, which create a series of offences relating to trial by ordeal. On the other hand, mob lynching is prohibited under Section 306, 316 and 319 of the Criminal Code.”

He also said extra-judicial killing “is a punishment for an alleged crime or offence which is carried out without a legal process or supervision by a court or tribunal through a legal proceeding.”

Nigeria is signatory to the UN convention on human rights; therefore, all acts inimical to the abuse of human dignity must be avoided in the spirit of the Convention.