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Amnesty Or Criminal Immunity? …That Case Against Adumu, Others
Last year, during the informal public debates on the unrest within the Niger Delta region and the threat it posed to the economic survival of Nigeria, all of which eventually culminated in the pronouncement of amnesty to militants by President Umaru Musa Yar’Adua, this writer raised some questions that were unanswered.
One of them, and indeed the primary nucleus of today’s treatise is the supposed reach and limits of the unconditional amnesty granted militants, among them suspected felons declared wanted by the Police for crimes against the state and her citizens.
It is true that under the criminal justice system which Nigeria operates, all crimes within the scope of criminal prosecution are deemed to be against the state, hence the need for public prosecutors, often either with the police force or in the States’ and Federal Ministries of Justice and Attorney-Generals.
Even so, aggrieved individuals seeking justice could obtain legal fiat to prosecute their cases using their own choice of legal representation.
That being the case, the question thus become, does the Federal Government have the power to grant a citizen amnesty for a crime, not against the state but against a fellow citizen? Should the Federal Government’s amnesty cover notorious criminals suspected to have taken fellow citizens’ lives, maimed others, raped women and made assassination attempts on lives of fellow citizens? These question were unanswered then and today still beg for satisfactory answers because of the blanket nature of the amnesty.
In a conflict of the kind which pitched proactive Niger Delta militants against the Nigerian State and which involved armed confrontation and sometime hijack by common criminals, there is no question that some innocent citizens, particularly defenceless men, women and children could be caught in cross fire. In war, those are deemed accidental casualties in battle and in the end of combats, families of such deaths are considered in the reconciliation, reintegration and reconstruction efforts. Under the conflict in question, such casualties are Federal and State responsibilities and ought to have been provided for. But these are not the nature of deaths for discussion here.
What are, include, victims of crimes like arson, murder, rape, armed robbery, kidnap for ransom and wanton destruction of citizens’ property, not the states. In these cases, should the Federal Government deny the aggrieved parties their constitutional right to seek relief over such, most times, unprovoked crimes not against the state nor her economy but against defenceless citizens?
Ignored then, the need for answers to these questions has re-emerged and now pitches Rivers State’s High Courts 3 and 10 sitting in Port Harcourt, against the Federal Attorney General and Minister of Justice, Mohammed Bello Adoke (SAN).
The Attorney General had through his state counterpart asked the Rivers State government to discontinue the trial of four ex-militants accused of murder and threatening the life of a serving commissioner in the state. The affected four standing trial include George Adumu, Wellborn Isaiah, Loveday Samuel and Luke Loveday all from Andoni Local Government Area of the state.
In the letter which was presented to the presiding judge of the State High Court 10, Justice Boma Diepiri, Adoke pointed out that the offences for which the accused persons were being tried were committed in 2008, and fell within the presidential Amnesty programme.
By discontinuing the trial, Adoke’s letter argued, the Rivers State Attorney-General would help ensure that the affected ex-militants participate in the rehabilitation phase of the amnesty programme. A copy of the same letter was sent to the Special Adviser to the President On Niger Delta, Mr Timi Alaibe, who it was said, initiated the move through a missive to the Federal Attorney-General and Minister of Justice dated May 28, 2010.
Expectedly, penultimate week, Fatai Aremu Oso (SAN), counsel to the accused persons formally read to the open court presided by Justice Diepiri, the ‘stop trial’ order to the amazement of all, particularly the aggrieved parties seeking Justice.
Ruling on the objection raised by the defence lawyer as contained in the Federal Attorney-General’s letter, the Presiding Judge, Justice Diepriri held that the High Court has jurisdiction to hear the offence for which the accused persons were standing trial and for the same reason cannot be hindered by any appeal to amnesty, meaning, the trial must go on, amnesty or not.
In simple terms, what the presiding judge has said is that amnesty is a forgiveness of sins against the Federal Government and not a blanket immunity from criminal trial for suspected crimes against fellow citizens and the state.
Media reports say, George Adumu and three others of the Icelander Group allegedly attempted to assassinate one Naaman Jehoshaphat on November 28, 2009 after the October 4, deadline for the amnesty, at the Golf Prince Hotel, Abana Street, Old GRA in Port Harcourt. That matter was said to have been reported to the police who after investigation, trailed and eventually arrested the suspects. They were subsequently charged to court for kidnapping, attempted assassination and other offences pending against them with the police.
With this background, should the court obey the Attorney-General and acquit the accused persons, since, as ex-militants, they are covered by presidential amnesty; or uphold the rule of law as enshrined in the 1999 Nigerian Constitution and give justice to the just? Is the learned Justice right in choosing the latter option? If so, what are the implications of such choice, considering efforts being made to avoid any further resurgence of violent protests within the Niger Delta region?
It is clear that the Attorney-General’s request was informed by the need to assure repentant militants of the Federal Government’s sincerity in the pronouncement of amnesty and reaffirm that militants would neither face criminal trial nor punishment for offences covered by the amnesty package. This is so because, should other ex-militants feel a sense of insecurity by way of trials for offense committed during the conflict, they may be united by misfortune and again attempt to truncate the relative peace thus far witnessed in the region.
But the learned Justice also has a moral duty to administer justice and if possible put away confirmed and convicted felons from among the civil society. Her zeal is without doubt powered by the conviction that “injustice anywhere is a threat to justice,” as Martin Luther King (Jr) warned in one of his most quoted letters in 1963.
Furthermore, there is what is commonly accepted as a moral, even legal creed as contained in Article 40 of the Magna Carta, which virtually vows, “to no one will we sell, to no one will we refuse or delay right or justice.”
The learned Justice’s insistence that the real plaintiffs, in this case, those legally injured victims of the accused persons’ alleged crimes also deserve justice as much as the militants their amnesty, is very well served.
Need we mention, “Justice without strength is helpless. Strength without Justice is tyrannical … unable to make what is just strong we have made what is strong just”, as Blaise Pascal once mused in Pensees. Is that the case before us today or not?
My Agony is that although the Federal Government’s amnesty is for ex-militants not ex-criminals, the difference which the ordinary man finds in both is like that between 12 and a dozen.
This is why Methinks, only well-informed legal minds like courts of competent jurisdiction can help distinguish militants from criminals, in order not to risk the rights of citizens in search of justice or inadvertently punish genuinely repentant Niger Delta militants for offences against the federal government that have been forgiven via the amnesty pronouncement.
The truth is that forgiveness is earned not imposed. Forgiveness for crimes against the Federal Government, should come from the Federal Government, that of state should come from the state but most importantly, crimes against and wounds inflicted on Tom, Dick and Harry should be forgiven by Tom, Dick and Harry and neither the state nor the federal government lest the wrong signals be sent that the state defends only the strong against the meek and weak.
My Verdict: Let High Court 10 determine if those standing trial are ex-militants or criminals. If not satisfied, the state can then grant presidential pardon to the strong.
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DEPLOY YOUR CAPACITY, TECHNICAL KNOWHOW TO REVITALISE SONGHAI FARMS, FUBARA TELLS TASK FORCE
Rivers State Governor, Sir Siminalayi Fubara, has said that diversifying the economy of the State has become inevitable because of the need to solve the problem of food shortages while also providing jobs for the teeming unemployed youths.
These, he said, are the reasons why great care has been taken to critically look at the prospects of revitalising the Songhai Integrated Farms, which is located in Bunu Tai, in Tai Local Government Area of the State.
Governor Fubara insisted that if the problem associated with food shortages is tackled with good intent and purpose, about 40 to 50 percent of current problems of economic hardship plaguing the country and its people would have been solved.
Governor Fubara made the assertion while inaugurating the Chairman, Mr Biedima Oliver, and members of the task force saddled with the responsibility of supervising the revitalization of Songhai Integrated Farms by its partners: Vitalcrop Ventures Limited and Imagine Adama Limited, at Government House in Port Harcourt, yesterday.
Other members of the task force included, the Rivers State Commissioner for Agriculture, Engr Victor Kii; Commissioner for Finance, Barrister Emmanuel Frank-Fubara; Dr Ayebaesin Beredugo; and Mr Maurice Ogolo.
The Governor explained that it took him time to approve the constitution of the task force being inaugurated because of the ugly experience with the previous group that shown such interest.
Governor Fubara stated that a process was initiated and driven halfway into the handing over of Songhai Farms on concession to an interested partner who latter showed a total lack of the needed capacity to undertake such task.
He said, “As a matter of fact, if few of you could remember, we even conceded the place to an investor who came in after he had made his presentation, and we, believing that he has the capacity, we said okay to him, and we had already signed up.
“But something happened. He came back to tell us that he wanted us to give him a N5billion bank guarantee. We then asked him, why? If we have the N5billion, why do we need you to come and even revitalize Songhai Farms? We would have put that N5billion there ourselves. For that reason, we cancelled that arrangement.”
Governor Fubara said now that two separate companies have come together to indicate interest and given the assurance of having the needed capacity to drive the process, he is delighted to see them meeting that expectation.
Governor Fubara pointed to the expectation of the people who want to see the Songhai Farms back on stream on a sustainable basis.
That expectation, he insisted, is also what his administration wants to see actualised within its lifespan.
He noted, “We want to see food sufficiency, because we know when Songhai Farms comes on board, there will be food, which is one of the problems we are having in this country. If we are able to tackle the issue of food, 40 to 50 percent of our problem will be solved.”
Governor Fubara also stated that although he believes in the presentation made by the group and has taken their assurance to heart, but warned that he would not tolerate a repeat of what happened before.
The Governor said, “I hope your story will not be (end) halfway too. I hope you have the capacity and all the technical knowhow to handle it. It is not when we start now, after we had finished inaugurating the task force, you will come back to tell us that you need $2million. If we have $2million, we won’t need you. We will invest it by ourselves.”
Governor Fubara, however, praised the capacity of the Chairman of the task force, Biedima Oliver, saying that incidentally, he was one of the personnel that convinced the then administration to develop the Songhai Farms, and had worked with the Rivers State Sustainable Development Agency (RSSDA) to manage the project.
He said, “He knows and understands the workings of Songhai, and now that we are making you the chairman of the task force, we want to believe that you will make that place come back to life.
“I don’t have any doubt in your capacity. A few things you’ve touched, you turned them to gold. Please, bring it back to what we used to see in Songhai. Bring it back with the help of your committee.”
Governor Fubara assured that his administration will remain committed to providing all the necessary support that they may require to make their assignment a success.
He added, “So, I hereby inaugurate you. Your task is very simple: Do everything within your powers and with our support to make sure that Songhai becomes operational to the benefit, not just the people of Tai, but to the entire Rivers State and Nigeria as a whole”.
In his acceptance speech, the Chairman of the Task Force to Supervise the Revitalization of Songhai Farms with Vitalcrop Ventures Limited and Imagine Adama Limited, Mr. Biedima Oliver, expressed appreciation to Governor Fubara for the opportunity and confidence reposed in them to revive Songhai Farms.
Mr. Oliver assured that they will deliver the expected goal on Songhai Farms, and doing so on time and on target so that the good people of Rivers State can eventually be happy and also benefit from the huge investment.
Rivers State Governor, Sir Siminalayi Fubara, has declared that all the policies and programmes of his administration are tailored towards the protection of interest of Rivers people, especially the youths.
This, he said, is borne out of the importance his administration attaches to youths’ development and empowerment as leaders of tomorrow.
Fubara, according to a statement by his Chief Press Secretary, Nelson Chukwudi, disclosed this when he received the youths of Emohua Local Government Area under the auspices of “Emohua Youths For SIM” on solidarity visit to Government House, Port Harcourt, last Friday.
He said that his administration has put in place modalities that will boost the livelihoods and well-being of Rivers citizens, which youths of Emohua will also benefit when they materialise.
The governor, who spoke through the Rivers State Head of Service, Dr. George Nwaeke, pointed out that the recently awarded Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku Road, the ongoing Emohua-Kalabari Road, reinstatement of illegally sacked workers of Emohua Local Government Area and the approval for electrification of the area, are part of deliberate measures to open up the area to make life conducive and more meaningful for the people.
According to him, “Everything about the governor is putting the interest of Rivers State first. He is looking at and taking action on those things that we need to do to restart the wheels of progress in Rivers State.
“There are many things the governor has planned and is already doing that will boost the life and welfare of every citizen of Rivers State, but most importantly the youths.
“Growing up, I learnt that Egbeda is one of the biggest communities in the whole of Ikwerre, and it’s predominantly an agrarian community. They have food in Egbeda, they have food in Ubimini, they have food in Omudiaga and other natural resources. The whole world is tilting to agriculture, and this is the way to go.
“The Elele-Umudioga-Egbeda-Ubimini-Omoku road, when completed, will open up the area for real development. Your food and everything you produce there will now have value, they will no longer be thrown away. In all these, you the youths are going to be the utmost beneficiaries.”
He added, “Same will be applicable to the Emohua-Kalabari Road which will also, trigger development in the area, and you will be the greatest beneficiaries. When the LGA is also electrified, you will be having 24 or 20 hours of electricity, and those things the youths can do with electricity, you can stay at home and create wealth for yourself and children.
“All the totality of what the governor is doing, when they are completed, or even as some are completed now, the youths are going to be utmost beneficiaries.”
While acknowledging that youths are the true leaders of tomorrow and any government that fails to carry them along in the scheme of things is doomed to fail, the governor assured them of his administration’s commitment to always address issues concerning youths and ensure that they are part of his government.
He commended the youths for toeing the path of truth by identifying with his administration, urging them to sustain the tempo and shun evil, as his government will ensure that the trend whereby politicians turn youths to beggars are over.
He said, “Youths are, indeed, the leaders of tomorrow. The time of youth is a very important time. It a time that your parents or whoever is your leader at that time have to make the greatest investment in you. And any Government that decides to only carry the elderly, chiefs aling and abandon the youths is bound to fail,” he asserted.
“But I am happy that Governor Fubara has concentrated his energy on everything that will benefit the society, especially the youths.
“And based on these, I want to thank you for recognising what is good and calling it good, for shunning what is evil, for saying the Governor is standing for you.
“Let me tell you, you are on the right direction. Let me tell you again, Rivers State is the bride of Nigeria. The whole Nigeria is looking at what will happen here. As they look here and see you standing on the path of truth, this is a very important step that you have taken to right all the wrongs of the past, to make Rivers State stand on the tripod of justice, peace and security. That is what we are going to gain through the governor, taking all the wise actions that he has already initiated.
“The projects the governor is embarking on are meant to prepare nets for the youths to fish and put food on their table, hence you should continue to follow him.
“The SIMplified Movement brought upon by the governor will ensure that Rivers youths stop the habit of going to bow down before politicians, pledging loyalty before they can eat.”
Earlier, spokesman for the Emohua Youths for SIM, Comrade Ovamale O. Ovamale, had said that the visit by youths from the 14 political wards in Emohua Local Government Area was to thank the governor for the award of the Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku road, the approval for electrification of the area and reinstatement of sacked workers of Emohua Local Government Council, of which the youths were mostly affected.
According to him, “Siminalayi Fubara of recent has given Emohua Local Government road that links Elele to Omoku, which comprises over four communities in the local government.”
“Emohua Local Government has also been in darkness for eight years. No community in the local government that has light. But, of recent, because of the passion and love the governor has for the people of Emohua, he has approved the electrification of the local government.
“Also, the illegal sack of Emohua Local Government workers, for which the youths were mostly affected and without the approval of the Local Government Service Commission, the governor, in his compassionate nature, has reinstated them, and that is why we said we must come and thank His Excellency”, he said.
Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will collaborate and continue to consult widely in delivering a liberated State experiencing enduring peace.
Fubara said, in doing so, he would not operate as a dictator but as a member of a team that has the best interest of the State at heart and determined to leave a lasting legacy that can be celebrated.
The governor spoke during the formal presentation of Certificate of Recognition and Staff of Office to the Amanyanabo of Okochiri Kingdom, King Ateke Michael Tom, as first class tradition ruler, at Government House in Port Harcourt, yesterday.
Fubara stated that, during the Sixth State Executive Council meeting, N80.8billion was approved with 50 percent contract value paid already as the Government awarded the construction of the Elele-Egbeda-Omoku Road.
He said the project will be funded from the savings from Internally Generated Revenue (IGR) to underscore his administration’s prudence without also borrowing to complete the project.
“We are at a crossroad in our State where we all need to stand for what is right. It happens once in a life time. So, for now, be one of those people that will be in the course to liberate and free our dear State.
“And I know strongly that having the support of a peace-loving Amanyanabo of Okochiri Kingdom, having the support of the wonderful Council of Chiefs, having the support of the great people of Rivers State, we will bring peace in our State. We will do those things that are right to develop our State.
“We will continue to consult. We will not act as dictators. We will act as people who know that one day, we will leave, and when we leave, the way we have acted will speak for us. We will not force people to talk good about us. Our legacy will be a signature for how we led”, the governor said.
Fubara explained that he acted within the ambit of the law to upgrade the traditional stool upon which King Ateke Tom sits in recognition of his efforts in promoting peace in Okrika, and indeed, the State, and urged him to continue to do justice to everyone.
In his speech, Commissioner for Chieftaincy and Community Affairs, Hon Charles Amadi, congratulated King Ateke Tom for being formally presented with the Certificate of Recognition and Staff of Office as first class traditional ruler.
Also speaking, former Transport Minister, Chief Abiye Sekibo, thanked the governor for fulfilling his promise of upgrading the traditional stool of Okochiri Kingdom, and pledged the support of Kirike Se people to his administration.