National Conference Against Impunity In Nigeria (1)

By Ebun-Olu Adegboruwa SAN

Some weeks back, I was invited as a guest speaker at the 24th
Wole Soyinka Lecture Series. It was a golden opportunity to x-ray
some of the core issues plaguing our nation. Given the personality
of the person for whom the lecture was packaged, nothing less than
a stormy session was expected from the lectures delivered,
especially from the main speaker, Professor Patrick Lumumba. Permit
me to share my thoughts on that occasion.

Introduction

At a time when the Nigerian polity is ravaged with unending
insecurity, endemic poverty and heightened tyrannical disregard for
the rule of law, one cannot but salute any opportunity geared
towards fostering true Democracy, Good Governance and enthronement
of Justice and the Rule of Law in Nigeria. The choice of this
theme: ‘National Conference Against Impunity in Nigeria’ is
therefore not accidental but borne out of the deep yearnings and
conviction to reverse the state of debauchery and rot found in
almost every annal of the contemporary system of the sovereign
entity known as the Federal Republic of Nigeria. Regardless of the
explosive population growth, rising unemployment rate and
unprecedented inflation in the country, it is still without a doubt
that our country’s human capital remains its strongest asset when
put to productive use. I therefore make bold to say that the stand
against lawlessness, corruption and impunity in Nigeria lies in the
strength of our numbers. The minority in positions of authority who
repeatedly abuse their rank to destroy the fabrics of our
democratic experience should not be left to continue to ride
roughshod over the rest of us.

The other point is that the topic reflects the character of the
person for whom we are all gathered, a thorn in the flesh of bad
governance and all shades of impunity. In this regard, one can
safely say that no other person fits this discourse than Professor
Wole Soyinka himself, given his endless and selfless struggles
against dictatorship and all forms of totalitarian regimes, not
only in Nigeria but also the world at large. As the Professor
opined through one of his many books, the man dies in him who keeps
silent in the face of tyranny.

In doing justice to this discourse, one must highlight some key
terms in the context of the theme which are as follows:

The nature of impunity

It has been said that impunity is as old as the society itself.
It is thus expected that a larger number of us, if not all members
of this audience today, are familiar with the word ‘impunity’. As
defined by the learned authors of Black’s Law Dictionary 8th
Edition, ‘impunity is an exemption or protection from penalty or
punishment’. The Cambridge Advanced Learner’s Dictionary defines
the aforesaid term (impunity) as ‘freedom from punishment or from
the unpleasant results of something that has been done’. The Oxford
Online Dictionary explains it (impunity) as ‘an exemption from
punishment or freedom from the injurious consequences of an
action’. The United Nations Commission on Human Rights (UNHCR) best
puts the term ‘impunity’ as follows:

“The impossibility, de jure or de facto, of bringing the
perpetrators of violations to account – whether in criminal, civil,
administrative or disciplinary proceedings – since they are not
subject to any inquiry that might lead to their being accused,
arrested, tried and, if found guilty, sentenced to appropriate
penalties, and to making reparations to their victims.”

One common phenomenon found in the seemingly diverse definitions
of impunity is the outright disregard and abuse of law without any
reprimand. As such, impunity can be considered a global phenomenon,
minute in the government structures of some developed countries and
permeating all structures of a society in another country. As
rightly observed by Louis Joinet, impunity is a consequence of the
‘failure of states to meet their constitutional obligations to
their subjects, investigate violations and take appropriate
measures against perpetrators, particularly in the area of justice,
to ensure that they are prosecuted, tried and duly punished; to
provide the victims with the effective remedies and reparation for
injuries suffered, and to take steps to prevent any recurrence of
such violation’.

Impunity in Nigeria

From the Nigerian parlance, impunity is commonly referred to in
the layman sayings as ‘nothing go happen’ or ‘nothing go sele’. It
is seen to manifest in blatant acts of corruption, bad governance,
executive malfeasance, corruption of judicial powers, compromise of
official responsibilities by those in positions of power especially
the law enforcement agencies, the civil service, amongst a host of
others. It is gradually extending to the people themselves,
unfortunately. Whilst it has become a norm for occupants of public
offices to see their tenure as an avenue for personal
aggrandizement and as a means of sharing the national cake; from
the advent of the extant Government in power, the Executive through
the machinery of the security agencies has fallen to the lowly
times of outright disregard and disobedience of subsisting court
orders and decisions. The significant culture of impunity in
Nigeria is inequality before the law and the lack of
accountability. It is the culture of being above the law and even
the State itself, wherein an individual lives larger than the rest
of society. It is a situation in which institutions of State are
unable to perform their statutory responsibilities. In practical
terms therefore, impunity takes place when a felon is not
apprehended and prosecuted for the brazen violation of ethics, laws
or responsibilities imposed upon him; when might is right in the
face of express legal restraints and when the law itself becomes
helpless to arrest the deliberate drift to constant deviations.

Speaking at the 2018/2019 legal year of the Supreme Court and
the swearing in of new Senior Advocates of Nigeria, former Chief
Justice of Nigeria, The Honourable Justice Walter Onnoghen, gave a
vivid illustration of the consequences of impunity as follows:

“Corruption or any other form of injustice, for that matter,
thrives in a culture of impunity. To carry out a successful
campaign against corruption, we have to fight the culture of
impunity, which is an attitudinal phenomenon.

“If we allow and respect the rule of law, then there will be a
dramatic reduction in corruption and injustice. Corruption starts
with a decision by an individual or a group of individuals to do
the wrong thing. It is as simple as that. Corruption is never an
accidental act. The person who commits a corrupt act has an option
to do the right thing.”

Impunity within the Nigerian security
forces

The culture of impunity within the Nigerian security forces has
continued in setting the pace in which extra-judicial killings and
other human rights abuses are committed by the security forces in
Nigeria. Hundreds of people are unlawfully arrested, tortured and
killed. A good example is the clash between security agencies and
youths/protesters clamouring for better government and respect for
their dignity of persons, which many claim to be a reflection of
the continuous deteriorating state of the rule of law in the
Nigerian polity. It is therefore not the first time that the
security agencies have been accused of using such brutal force
against ordinary citizens with deadly consequences, as the former
have displayed wide-ranging impunity. On the 12th to 14th December,
2015, Nigeria witnessed the unjustified slaughter/ killings of
members of the Islamic Movement of Nigeria (IMN) by the Nigerian
Army wherein it was reported that over 300 persons were killed and
buried in mass graves. Till this day, no Army official has been
held accountable for such extra-judicial carnage that terminated
the lives of hundreds of citizens. Despite the guaranty of the
Fundamental Right of her citizens as founded under Chapter IV of
the 1999 Constitution and the African Charter on Human and Peoples’
Rights Act, the present government, through the security agencies,
seems to have carved a niche for brazen infringement upon the
rights of citizens to freedom of expression and the press.

In the course of proceedings at the ENDSARS Judicial Panel, I
have listened to gory tales of the abuses that citizens endure in
the hands of security agencies and it breaks the heart that in some
of the concluded cases, those involved have been ‘rewarded’ with
promotions, which when properly dissected, translates into a subtle
official endorsement of such cases of brazen impunity. Part of the
reason for the enthronement of the administration of justice is to
send a strong signal to deviants that impunity is not profitable.
Thus, when those in positions of authority are found culpable but
left off the hook, the wrong impression is thus created, albeit
unwittingly, that society does not abhor deviations. This cannot
promote law and order.

By Ebun-Olu Adegboruwa SAN

Some weeks back, I was invited as a guest speaker at the 24th
Wole Soyinka Lecture Series. It was a golden opportunity to x-ray
some of the core issues plaguing our nation. Given the personality
of the person for whom the lecture was packaged, nothing less than
a stormy session was expected from the lectures delivered,
especially from the main speaker, Professor Patrick Lumumba. Permit
me to share my thoughts on that occasion.

Introduction

At a time when the Nigerian polity is ravaged with unending
insecurity, endemic poverty and heightened tyrannical disregard for
the rule of law, one cannot but salute any opportunity geared
towards fostering true Democracy, Good Governance and enthronement
of Justice and the Rule of Law in Nigeria. The choice of this
theme: ‘National Conference Against Impunity in Nigeria’ is
therefore not accidental but borne out of the deep yearnings and
conviction to reverse the state of debauchery and rot found in
almost every annal of the contemporary system of the sovereign
entity known as the Federal Republic of Nigeria. Regardless of the
explosive population growth, rising unemployment rate and
unprecedented inflation in the country, it is still without a doubt
that our country’s human capital remains its strongest asset when
put to productive use. I therefore make bold to say that the stand
against lawlessness, corruption and impunity in Nigeria lies in the
strength of our numbers. The minority in positions of authority who
repeatedly abuse their rank to destroy the fabrics of our
democratic experience should not be left to continue to ride
roughshod over the rest of us.

The other point is that the topic reflects the character of the
person for whom we are all gathered, a thorn in the flesh of bad
governance and all shades of impunity. In this regard, one can
safely say that no other person fits this discourse than Professor
Wole Soyinka himself, given his endless and selfless struggles
against dictatorship and all forms of totalitarian regimes, not
only in Nigeria but also the world at large. As the Professor
opined through one of his many books, the man dies in him who keeps
silent in the face of tyranny.

In doing justice to this discourse, one must highlight some key
terms in the context of the theme which are as follows:

The nature of impunity

It has been said that impunity is as old as the society itself.
It is thus expected that a larger number of us, if not all members
of this audience today, are familiar with the word ‘impunity’. As
defined by the learned authors of Black’s Law Dictionary 8th
Edition, ‘impunity is an exemption or protection from penalty or
punishment’. The Cambridge Advanced Learner’s Dictionary defines
the aforesaid term (impunity) as ‘freedom from punishment or from
the unpleasant results of something that has been done’. The Oxford
Online Dictionary explains it (impunity) as ‘an exemption from
punishment or freedom from the injurious consequences of an
action’. The United Nations Commission on Human Rights (UNHCR) best
puts the term ‘impunity’ as follows:

“The impossibility, de jure or de facto, of bringing the
perpetrators of violations to account – whether in criminal, civil,
administrative or disciplinary proceedings – since they are not
subject to any inquiry that might lead to their being accused,
arrested, tried and, if found guilty, sentenced to appropriate
penalties, and to making reparations to their victims.”

One common phenomenon found in the seemingly diverse definitions
of impunity is the outright disregard and abuse of law without any
reprimand. As such, impunity can be considered a global phenomenon,
minute in the government structures of some developed countries and
permeating all structures of a society in another country. As
rightly observed by Louis Joinet, impunity is a consequence of the
‘failure of states to meet their constitutional obligations to
their subjects, investigate violations and take appropriate
measures against perpetrators, particularly in the area of justice,
to ensure that they are prosecuted, tried and duly punished; to
provide the victims with the effective remedies and reparation for
injuries suffered, and to take steps to prevent any recurrence of
such violation’.

Impunity in Nigeria

From the Nigerian parlance, impunity is commonly referred to in
the layman sayings as ‘nothing go happen’ or ‘nothing go sele’. It
is seen to manifest in blatant acts of corruption, bad governance,
executive malfeasance, corruption of judicial powers, compromise of
official responsibilities by those in positions of power especially
the law enforcement agencies, the civil service, amongst a host of
others. It is gradually extending to the people themselves,
unfortunately. Whilst it has become a norm for occupants of public
offices to see their tenure as an avenue for personal
aggrandizement and as a means of sharing the national cake; from
the advent of the extant Government in power, the Executive through
the machinery of the security agencies has fallen to the lowly
times of outright disregard and disobedience of subsisting court
orders and decisions. The significant culture of impunity in
Nigeria is inequality before the law and the lack of
accountability. It is the culture of being above the law and even
the State itself, wherein an individual lives larger than the rest
of society. It is a situation in which institutions of State are
unable to perform their statutory responsibilities. In practical
terms therefore, impunity takes place when a felon is not
apprehended and prosecuted for the brazen violation of ethics, laws
or responsibilities imposed upon him; when might is right in the
face of express legal restraints and when the law itself becomes
helpless to arrest the deliberate drift to constant deviations.

Speaking at the 2018/2019 legal year of the Supreme Court and
the swearing in of new Senior Advocates of Nigeria, former Chief
Justice of Nigeria, The Honourable Justice Walter Onnoghen, gave a
vivid illustration of the consequences of impunity as follows:

“Corruption or any other form of injustice, for that matter,
thrives in a culture of impunity. To carry out a successful
campaign against corruption, we have to fight the culture of
impunity, which is an attitudinal phenomenon.

“If we allow and respect the rule of law, then there will be a
dramatic reduction in corruption and injustice. Corruption starts
with a decision by an individual or a group of individuals to do
the wrong thing. It is as simple as that. Corruption is never an
accidental act. The person who commits a corrupt act has an option
to do the right thing.”

Impunity within the Nigerian security
forces

The culture of impunity within the Nigerian security forces has
continued in setting the pace in which extra-judicial killings and
other human rights abuses are committed by the security forces in
Nigeria. Hundreds of people are unlawfully arrested, tortured and
killed. A good example is the clash between security agencies and
youths/protesters clamouring for better government and respect for
their dignity of persons, which many claim to be a reflection of
the continuous deteriorating state of the rule of law in the
Nigerian polity. It is therefore not the first time that the
security agencies have been accused of using such brutal force
against ordinary citizens with deadly consequences, as the former
have displayed wide-ranging impunity. On the 12th to 14th December,
2015, Nigeria witnessed the unjustified slaughter/ killings of
members of the Islamic Movement of Nigeria (IMN) by the Nigerian
Army wherein it was reported that over 300 persons were killed and
buried in mass graves. Till this day, no Army official has been
held accountable for such extra-judicial carnage that terminated
the lives of hundreds of citizens. Despite the guaranty of the
Fundamental Right of her citizens as founded under Chapter IV of
the 1999 Constitution and the African Charter on Human and Peoples’
Rights Act, the present government, through the security agencies,
seems to have carved a niche for brazen infringement upon the
rights of citizens to freedom of expression and the press.

In the course of proceedings at the ENDSARS Judicial Panel, I
have listened to gory tales of the abuses that citizens endure in
the hands of security agencies and it breaks the heart that in some
of the concluded cases, those involved have been ‘rewarded’ with
promotions, which when properly dissected, translates into a subtle
official endorsement of such cases of brazen impunity. Part of the
reason for the enthronement of the administration of justice is to
send a strong signal to deviants that impunity is not profitable.
Thus, when those in positions of authority are found culpable but
left off the hook, the wrong impression is thus created, albeit
unwittingly, that society does not abhor deviations. This cannot
promote law and order.