In criminal proceedings, by virtue of section 36(5)
of the Constitution of the Federal Republic of Nigeria, 1999 (as
amended), the innocence of an accused or suspect is
not affected by his arrest, detention and or prosecution for
alleged offence(s) until he is found guilty by a competent court of
law and thereby sentenced according to law.
The recent trending video on social media of a lady who was
alleged to have stolen a phone as a result of which some persons
forcefully inserted pepper into her vagina/female private part and
the video uploaded on media as a punishment for her alleged
offence, is still fresh in the minds of Nigerians, the situation
which has caused the Nigeria Police Force to swing into action and
thereafter arrested the accused persons suspected to have been
involved in the inhuman treatment of the victim (who has according
to media report, been identified as Favour Ada Friday
by name). It has been reported by the media today
the 12th day of February,
2019, that some four (4)
suspects arrested in connection with the inhuman act
have been charged to a High Court of Edo State, with 14-count
charges.
I was also made to understand from the said media report that
the accused persons have been remanded in prison custody pending
the directive of the Director of Public Prosecution (DPP) who is
under the instruction and control of the Office of the
Attorney-General of Edo State. The fear of the prosecution not
losing the case is unavoidable and inevitable considering some of
the criminal cases (and from my personal professional experiences
as a lawyer and a human rights activist) that prosecution would
charge accused persons to court and due to lack of diligent
prosecution, the case is lost or the accused discharged or and
acquitted. That is why I am of the submission that this Ada’s case
is a case against the State, as the offences that the accused
persons have been alleged to have committed are against humanity
and against the State beyond the victim.
I humbly view that justice would partly be achieved for Ada
where the accused persons have been indicted by substantiating
evidence, convicted by the court and accordingly sentenced. That is
why I make this appeal to the stakeholders involved in the criminal
trial of the accused persons, such as: the Nigeria Police Force;
the Inspector-General of Police; the Commissioner of Police and the
Attorney-General, Edo State, to prosecute Favour Ada Friday’s
accused persons’ trial(s) with the required diligent prosecution
for a manifest justice, as there would be no excuse from either or
all of them for losing the case.
First and foremost, I wish to recommend to the government of Edo
State to gather sufficient indicting and unsuccessfully
challengeable evidence that would link the accuse persons to the
crimes or the offences. Also, the government should ensure that the
case file is assigned to a very experienced legal or prosecuting
counsel or personnel to handle the case though in a professionally
team work. Also, I recommend that other necessary suspects should
be fished out and be duly prosecuted according to law. Also, I
recommend that the government or any of the persons involved in the
trial of the case should not compromise the case as such compromise
is grievous to humanity and to God of man. I further recommend that
the government should ensure a monitoring team on the case.
Non-governmental organisations too are advised to set up a
monitoring team lead by a lawyer (s) to always monitor the
proceedings of the trial. More so, this occasion has caused Nigeria
a great embarrassment, it has disrespected the dignity of female
gender, the act has damaged the victim beyond imaginary repair, and
she has been put to such an excruciating condition that even no
court of law in our democratic civil society has ever sentenced any
convict to such inhuman punishment. Also, such act is in violation
of the natural justice of humanity as ordained by laws of God
Almighty and the laws of man protecting the dignity of humanity or
human person. Also, the Investigation Police Officer (IPO) in
charge of the case should also be closely monitored to avoid
compromising evidence. It is my belief and submission that criminal
justice in the case of Ada would have been manifest to have been
served in favour of the victim by the State where the
perpetrators/accused persons are duly and diligently prosecuted
with indicting evidence and the consequential sentence of the court
according to law. There must be no escape plan for the accused
persons, in the interest of justice for Ada!
Furthermore, the Nigeria Police Force should take notice of the
trending illegal act of some persons who carry out jungle justice
on their suspects. There is also a growing trend whereby at the
slightest suspicion of a female gender, her accusers (including
males and females like her) would gather persons to surround and
overpower her and to strip her naked to her last underwear. These
her under-wears are forcefully stripped off her body by tearing
same with the highest degree of force accompanied with incessant
beating with whatever object available at sight so that she would
have no clothes to cover her privacy and or be ragged in those torn
clothes even if she manages to survive the scene. I humbly
recommend that the police should not condone this inhuman justice
permeating those wicked persons’ skull, the attitude which has
always damaged the victim beyond imaginary repair. I thank God
Almighty that the victim in this case i.e. Ada could survive,
though, undergoing treatment (according to a media report) such a
victim could have died out of the excruciating pains meted on
her.
Finally, I hope that the persons to whom this appeal is made
would consider this appeal in its entirety by ensuring a diligent
and well monitored prosecution in the case. However, I would be
disappointed if at the end of the trial, the suspects are
discharged and or acquitted of the offences due to lack of diligent
prosecution on the part of the prosecution. I therefore call on
non-governmental organizations on human rights to engage the
appropriate authorities in ensuring manifest justice for the
victimized Ada. #justiceforAda!
e-mail: hameed_ajibola@yahoo.com[1]
References
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hameed_ajibola@yahoo.com
(nairalaw.com)