By S. Long Williams Esq. Governor, EBF
![image](/2020/09/lawP.jpg")
![image](/2020/09/lawbreeds.jpg")
Absurd events are unfolding with great and ferocious rapidity in
the geographical space called Nigeria in geometric proportions. It
takes one with the same proportion to be abreast with events and
drama in Nigeria.
A few minutes of absence from the news and one will be drowned
in an avalanche of macabre absurdities. Ferris Bueller once said
“life moves very fast, if you don’t stop once in a while to look
around, you could miss it”
While we are still sourcing for a compass to navigate out of one
of such dramatic absurdities as regards the illegal, unilateral and
demonic amendment of the Rules of Professional Conduct for lawyers
by the Honourable Attorney General of the Federation, Abubakar
Malami SAN, we were soon inundated with news of the promulgation by
the Imo State Governor, Senator Hope Uzodinma of the Imo State
Administration of Criminal Justice Law No. 2 of 2020.
Section 484 of the Imo ACJL reads:
“Where any person is ordered to be detained during the
Governor’s pleasure he shall notwithstanding anything in this Law
or in any other written law contained be liable to be detained in
such place and under such conditions as the Governor may direct and
whilst so detained shall be deemed to be in legal custody”.
Section 485(1) A detainee may only be discharged if granted
license by the Governor.
(2) A license under subsection (1) of this section may be in
such form and may contain such conditions as the Governor may
direct.
(3) A license under this section may at anytime be revoked or
varied by the Governor and where license has been revoked the
person to whom the license relates shall proceed to such place as
the Governor may direct and if he fails to do so, maybe arrested
without warrant and taken to such place.
The salient areas to note in the above provisions are as
follows;
1. Anyone can be detained at the pleasure of the Governor.
2. The provision is not subservient and is superior to any other
law including the Constitution of the Federal Republic of Nigeria
1999 as amended.
3. Anyone can be detained at any place or anywhere be it a pit,
dungeon, concentration camp or any other place not necessarily a
Correctional Centre.
4. Anyone can be detained under any dehumanizing condition.
5. That such detention is legal.
6. A detainee may only be discharged at the license of the
Governor
7. There is no time frame or limit to the period of detention.
8. That licence may be granted on the conditions to be set out by
the Governor.
9. The conditions may be varied or revoked at anytime at the
pleasure of the Governor and the detainee rearrested and further
destined.
When I first went through the provisions of the said law, what
first swept my consciousness was Auschwitz.
Auschwitz, also known as Auschwitz-Birkenau, opened in 1940 and
was the largest of the Nazi concentration and death camps. Located
in southern Poland, Auschwitz initially served as a detention
center for political prisoners. However, it evolved into a network
of camps where Jewish people and other perceived enemies of the
Nazi state were exterminated, often in gas chambers, or used as
slave labor. Some prisoners were also subjected to barbaric medical
experiments led by Josef Mengele (1911-79). During World War II
(1939-45), more than 1 million people, by some accounts, lost their
lives at Auschwitz. In January 1945, with the Soviet army
approaching, Nazi officials ordered the camp abandoned and sent an
estimated 60,000 prisoners on a forced march to other locations.
When the Soviets entered Auschwitz, they found thousands of
emaciated detainees and piles of corpses left behind.
Is Senator Hope Uzodinma, the Governor of Imo State about to
take us back to Auschwitz? How do we juxtapose this law with
Section 35 and 36 of the constitution of the Federal Republic of
Nigeria 1999 as amended and the supremacy of the said constitution
as provided in Section 1(1).
Section 1(1) of the constitution of the Federal Republic of
Nigeria 1999 as amended states as follows ” This constitution is
supreme and its provision shall have binding force on all
authorities and persons throughout the Federal Republic of Nigeria
”
Can it therefore be said that the provisions of Section 484 of
the IMO State ACJL No. 2, 2020 supersede the provision of Section
1(1) of the 1999 Constitution as amended. The answer is definitely
in the NEGATIVE and the said law is illegal, null avoid and of no
effect whatsoever.
Besides offending the supremacy of the constitution, the said
Imo State Law contravenes the clear and extant provisions of
Section 35 & 36 of the constitution of the Federal Republic of
Nigeria 1999 as amended and therefore illegal, null and void to the
extent of its inconsistency.
My friend, the indefatigable Chairman of the Nigerian Bar
Association, Aba Branch Bertram Faotu Esq. has opined that there is
nothing new about the Imo State law, that the said law exist as a
Federal legislation in Section 401 of the Criminal Procedure Law
which in itself gives directions in Sections 230, 235, 328 & 368 of
the Criminal Procedure Act. Ditto for my Political Chairman J.S.
Okutepa SAN. The question that agitates me with the argument of my
learned chairmen in this present circumstance are as follows:
1. Why did Section 484 of the Administration of Criminal Justice
Law No. 2 of 2020, Imo State not make any directions to any other
section or law dealing with persons found guilty who are suffering
from insanity, persons that do not understand the proceedings or
persons under the age of 17 or 18 as in the provisions in the
Criminal Procedure Law.
2. Why is Section 484 ACJL Imo State standing on its own? Does
that not raise a red flag as to the intendment of the law makers.
Aristotle in his book, De Interpretatione noted thus” written words
are the signs of words spoken and words spoken are symbols and
signs of affection or impressions of the soul”. Also Jerry Foder in
his book, Language of Thoughts wrote ” spoken and written language
derive intentionality and meaning from an internal language encoded
in the mind”
From the above, l state without any equivocation that the
written words as contained in Sections 484 & 485 of the Imo State
ACJL 2020 are signs of affection/ impressions of the soul and
represent the internal language encoded in the mind of the law
giver.
3. Also why were these sections smuggled into the law as alleged
by Hon. Frank Ugboma, the Deputy Minority Leader of the Imo State
House of Assembly who is the sponsor of the bill. How did a bill of
372 sections metamorphose to 485 sections and beyond without the
knowledge of the law makers whose duty and primary responsibility
is to make laws for the good people of Imo State?
One thing that is also curious about the said Imo State law is
that it is the only domesticated Administration of Criminal Justice
Law in Nigeria that contains the said provisions. The question that
will agitate any discerning mind is why Imo State? We are all aware
that the Imo State Government, especially the Governor, has been
particularly restless over criticism trailing his administration
and the usual and popular reference to him as “Supreme Court
Governor” Has the Governor prepared to deal ruthlessly with his
opponents real and imaginary as that explains the sole purpose of
this provision.
We must not allow the Governor to be the accuser, judge and
executioner at the same time or else we shall soon find ourselves
in Auschwitz.
Wriiten by By S. Long Williams Esq. Governor, EBF
By S. Long Williams Esq. Governor, EBF
Absurd events are unfolding with great and ferocious rapidity in
the geographical space called Nigeria in geometric proportions. It
takes one with the same proportion to be abreast with events and
drama in Nigeria.
A few minutes of absence from the news and one will be drowned
in an avalanche of macabre absurdities. Ferris Bueller once said
“life moves very fast, if you don’t stop once in a while to look
around, you could miss it”
While we are still sourcing for a compass to navigate out of one
of such dramatic absurdities as regards the illegal, unilateral and
demonic amendment of the Rules of Professional Conduct for lawyers
by the Honourable Attorney General of the Federation, Abubakar
Malami SAN, we were soon inundated with news of the promulgation by
the Imo State Governor, Senator Hope Uzodinma of the Imo State
Administration of Criminal Justice Law No. 2 of 2020.
Section 484 of the Imo ACJL reads:
“Where any person is ordered to be detained during the
Governor’s pleasure he shall notwithstanding anything in this Law
or in any other written law contained be liable to be detained in
such place and under such conditions as the Governor may direct and
whilst so detained shall be deemed to be in legal custody”.
Section 485(1) A detainee may only be discharged if granted
license by the Governor.
(2) A license under subsection (1) of this section may be in
such form and may contain such conditions as the Governor may
direct.
(3) A license under this section may at anytime be revoked or
varied by the Governor and where license has been revoked the
person to whom the license relates shall proceed to such place as
the Governor may direct and if he fails to do so, maybe arrested
without warrant and taken to such place.
The salient areas to note in the above provisions are as
follows;
1. Anyone can be detained at the pleasure of the Governor.
2. The provision is not subservient and is superior to any other
law including the Constitution of the Federal Republic of Nigeria
1999 as amended.
3. Anyone can be detained at any place or anywhere be it a pit,
dungeon, concentration camp or any other place not necessarily a
Correctional Centre.
4. Anyone can be detained under any dehumanizing condition.
5. That such detention is legal.
6. A detainee may only be discharged at the license of the
Governor
7. There is no time frame or limit to the period of detention.
8. That licence may be granted on the conditions to be set out by
the Governor.
9. The conditions may be varied or revoked at anytime at the
pleasure of the Governor and the detainee rearrested and further
destined.
When I first went through the provisions of the said law, what
first swept my consciousness was Auschwitz.
Auschwitz, also known as Auschwitz-Birkenau, opened in 1940 and
was the largest of the Nazi concentration and death camps. Located
in southern Poland, Auschwitz initially served as a detention
center for political prisoners. However, it evolved into a network
of camps where Jewish people and other perceived enemies of the
Nazi state were exterminated, often in gas chambers, or used as
slave labor. Some prisoners were also subjected to barbaric medical
experiments led by Josef Mengele (1911-79). During World War II
(1939-45), more than 1 million people, by some accounts, lost their
lives at Auschwitz. In January 1945, with the Soviet army
approaching, Nazi officials ordered the camp abandoned and sent an
estimated 60,000 prisoners on a forced march to other locations.
When the Soviets entered Auschwitz, they found thousands of
emaciated detainees and piles of corpses left behind.
Is Senator Hope Uzodinma, the Governor of Imo State about to
take us back to Auschwitz? How do we juxtapose this law with
Section 35 and 36 of the constitution of the Federal Republic of
Nigeria 1999 as amended and the supremacy of the said constitution
as provided in Section 1(1).
Section 1(1) of the constitution of the Federal Republic of
Nigeria 1999 as amended states as follows ” This constitution is
supreme and its provision shall have binding force on all
authorities and persons throughout the Federal Republic of Nigeria
”
Can it therefore be said that the provisions of Section 484 of
the IMO State ACJL No. 2, 2020 supersede the provision of Section
1(1) of the 1999 Constitution as amended. The answer is definitely
in the NEGATIVE and the said law is illegal, null avoid and of no
effect whatsoever.
Besides offending the supremacy of the constitution, the said
Imo State Law contravenes the clear and extant provisions of
Section 35 & 36 of the constitution of the Federal Republic of
Nigeria 1999 as amended and therefore illegal, null and void to the
extent of its inconsistency.
My friend, the indefatigable Chairman of the Nigerian Bar
Association, Aba Branch Bertram Faotu Esq. has opined that there is
nothing new about the Imo State law, that the said law exist as a
Federal legislation in Section 401 of the Criminal Procedure Law
which in itself gives directions in Sections 230, 235, 328 & 368 of
the Criminal Procedure Act. Ditto for my Political Chairman J.S.
Okutepa SAN. The question that agitates me with the argument of my
learned chairmen in this present circumstance are as follows:
1. Why did Section 484 of the Administration of Criminal Justice
Law No. 2 of 2020, Imo State not make any directions to any other
section or law dealing with persons found guilty who are suffering
from insanity, persons that do not understand the proceedings or
persons under the age of 17 or 18 as in the provisions in the
Criminal Procedure Law.
2. Why is Section 484 ACJL Imo State standing on its own? Does
that not raise a red flag as to the intendment of the law makers.
Aristotle in his book, De Interpretatione noted thus” written words
are the signs of words spoken and words spoken are symbols and
signs of affection or impressions of the soul”. Also Jerry Foder in
his book, Language of Thoughts wrote ” spoken and written language
derive intentionality and meaning from an internal language encoded
in the mind”
From the above, l state without any equivocation that the
written words as contained in Sections 484 & 485 of the Imo State
ACJL 2020 are signs of affection/ impressions of the soul and
represent the internal language encoded in the mind of the law
giver.
3. Also why were these sections smuggled into the law as alleged
by Hon. Frank Ugboma, the Deputy Minority Leader of the Imo State
House of Assembly who is the sponsor of the bill. How did a bill of
372 sections metamorphose to 485 sections and beyond without the
knowledge of the law makers whose duty and primary responsibility
is to make laws for the good people of Imo State?
One thing that is also curious about the said Imo State law is
that it is the only domesticated Administration of Criminal Justice
Law in Nigeria that contains the said provisions. The question that
will agitate any discerning mind is why Imo State? We are all aware
that the Imo State Government, especially the Governor, has been
particularly restless over criticism trailing his administration
and the usual and popular reference to him as “Supreme Court
Governor” Has the Governor prepared to deal ruthlessly with his
opponents real and imaginary as that explains the sole purpose of
this provision.
We must not allow the Governor to be the accuser, judge and
executioner at the same time or else we shall soon find ourselves
in Auschwitz.
Wriiten by By S. Long Williams Esq. Governor, EBF