City Crime
Not Guilty
A plea of not guilty means you believe you have not violated the law. It also means that there was not sufficient evidence to determine that you committed the crime. Everyone charged with a criminal offence is presumed innocent, until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defence (Article II of the Universal Declaration of Human Rights).
The presumption of innocence is the legal principle in criminal cases that one is considered innocent until proven guilty. It is sometimes referred to by the latin expression Ei Incumbit protatio qui dicit, non qui negat (The burden of proof is on he who declares, not on he who denies). In many nations, the presumption of innocence is the right of the accused in a criminal trial. The burden of proof is on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact (ie the judge or magistrate), who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible. And in most cases lawfully obtained that the accused is guilty beyond reasonable doubt.
In practice, the presumption of innocence is animated by the requirement that the government proves the charges against the defendant BEYOND A REASONABLE DOUBT. This due process requirement is a fundamental tenet of our criminal justice system. It is contained in statutes and judicial opinion like Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria, which provides that every person who is charged with a criminal offence shall be presumed innocent until he is proven guilty. This provision of the constitution has been grossly violated by members of the Nigeria Police Force who in discharge of their duties have arrested peaceful protesters and subject them to inhuman treatment without a court of competent jurisdiction, declaring them guilty of any crime. A good reference is last Saturdays #Occupy Lekki Toll Gate# protest.
In the past and now, some suspects have been paraded as armed robbers in various media when they are yet to be declared guilty of the crime they were suspected of, by a court of competent jurisdiction. Under the administration of justice in Nigeria an accused person is presumed to be innocent. In most jurisdiction, across the globe, prosecutions are not allowed to predicate their allegation on mere suspicion. There must be an overwhelming evidence. It follows therefore that the prosecution must prove each element of a crime to which an accused is charged beyond reasonable doubt. In State V. Ajayi (2016) LPELR 40663 (SC), Okoro JSC at Page 50 held thus:
“It is trite that in criminal proceedings, the onus is always on the prosecution to establish the guilt of the accused beyond reasonable doubt and the prosecution will readily achieve this result by ensuring that all the necessary and vital ingredients of the charge or charges are proved by evidence. See Yango Vs COP (1992) 4 SCNJ113, (1992) LPELR – 3528 (SC), Uche Nilliams V. the State (1992) 10SCNJ 74. It must be noted that under our system of criminal justice,an accused person is presumed innocent until he is proved guilty and the burden of proof is always on the prosecution. See Okputuobiode & Ors, V. The State (1970) All NLR 35, (1970) LPELR – 2524 (SC).”
In spite of plethora of cases in this regard many have suffered undue hardship, molestation and harassment before they are charged to court.
Today Nigeria ranks as one of the countries with the lowest respect for the rule of law. Our democracy is laughable, because the baseline requirement for democracy anywhere in the world is respect for the rule of law, which we no longer have. God help us.
By: Nkechi Bright-Ewere
The Rivers State Government has vowed to enforce strict compliance with approved building plans by property owners and developers in the State to guarantee safety and adherence to regulatory standards.
The Commissioner for Physical Planning and Urban Development, Rt. Hon. Evans Bipi, in his inaugural meeting with the Permanent Secretary, Directors and staff of the Ministry, said he would ensure full implementation of the Physical Planning Development Law of the State.
He warned that the Rivers State Government will no longer condone a situation where developers make deliberate adjustment or completely deviate from approved building plan in the execution of their projects without recourse to the Ministry.
Hon. Bipi solicited the cooperation of the civil servants of the Ministry while promising to run an open door policy and be easily accessible.
He also promised to right the wrongs, make a positive impact and leave an enduring legacy in the Ministry.
He promised to enhance the physical landscape and aesthetic of Old and New GRA as well as other parts of Port Harcourt.
In his remarks, the Permanent Secretary of the Ministry of Physical Planning and Urban Development, Surv. Wisdom Hebron, assured the Commissioner of maximum cooperation to foster a harmonious working environment.
Rivers State Governor, Sir Siminalayi Fubara, has approved the payment of N85,000.00 as the new minimum wage for civil servants in the employ of the Rivers State Government.
This is the agreement reached during a closed door meeting presided over by the Governor and attended by representatives of organised labour under the auspices of the Joint Public Service Negotiating Council in the State at Government House in Port Harcourt on Friday.
Briefing newsmen after the meeting, the Head of Rivers State Civil Service, Dr George Nwaeke, who spoke on behalf of the Government, affirmed that Governor Fubara has graciously approved a new minimum wage of N85,000.00, adding that the government will begin in November, 2024.
Dr George said, “He (Gov Fubara) has pronounced a figure that is higher than the National Minimum Wage. He pronounced a sum of N85,000.00, which is higher than the minimum wage that was prescribed nationally.
“So, as the Head of Service and a major stakeholder in the labour family, I am very happy to say that the Rivers State Civil Servants have never had it this good since the inception of this State.
“The labour union leaders and all the other major stakeholders were happy with this development,” he added.
Responding to possible payment of arrears, Dr Nwaeke, said it is yet to be determined because a technical committee has been set up to critically work out a tenable payment chart, which will cater to issues of arrears.
He clarified, “Issues of arrears will be worked out by the committee that I am going to be Deputy to the SSG. We are already going to work on it in a technical committee that will now get the nitty gritty of the payment and inform the press later.”
On his part, the Rivers State Chairman of the Joint Public Service Negotiating Council, Comrade Emecheta Chuku, explained that this is their first meeting with Governor Fubara to discuss the issue of the new minimum wage as approved by the Federal Government of Nigeria.
Comrade Chuku pointed to the fact that the gracious approval of N85,000.00 new minimum wage is very appeasing to the labour leaders, adding that it demonstrates love for the workers.
He explained, “For the Governor to come, against all the crisis, against all the things that he is facing and more, to say he will pay N85,000.00 minimum wage, I think our hearts are full of joy.
“Of course, we have no doubt, knowing the kind of person we have as our Governor. He is a decent man; very responsible enough; and grew through the rank and file of the system. He understands what it takes to earn a living salary; he understands the difference between gifting money and paying somebody salary that can sustain him or her from the first day to the last day of the month.”
Also speaking, the Chairman, Nigeria Labour Congress (NLC), Rivers State Chapter, Comrade Alex Agwanwor, noted that the amount approved by Governor Fubara puts Rivers State Government ahead of Lagos State as the highest minimum wage paying State to civil servants in Nigeria.
He stressed, “Why do I say that? Lagos State said N85,000.00 and Rivers State is paying N85,000.00. The IGRs of Lagos State and Rivers State are not the same. So, for the Governor to agree to pay the same rate with Lagos, that means we are at the top of it.
“We are the best, and we want to continue to commend the Governor. We assure him that, as far as this State is concerned, labour is going to stand with him. We will be with him even until the next eight years.
“I want to commend His Excellency, Executive Governor of Rivers State, our own Number One Worker in Rivers State, he has, once again, proven that the workers in Rivers State gave him an award on May Day as the Champion of Labour, as the Most Labour-Friendly Governor in Nigeria. He, again, has shown that to us today, and I want to commend him.”
He added that they were returning to the State Secretariat Complex to inform workers of the Governor’s magnanimity and benevolence towards civil servants in the State.
Rivers State Governor, Sir Siminalayi Fubara, has felicitated Muslim faithful as they celebrate the birth of Prophet Muhammad, urging them to show love, tolerance, perseverance, patriotism and commitment to the growth and development of the State.
Governor Fubara, in a message in Port Harcourt, the State capital, urged the Muslim Ummah to use the lessons of the 12th day of the third month of Rabi’ al-Awwal to reflect on the core teachings of the Holy Prophet, and interceed for one another as exemplified by the sacrifices He made for humanity.
The Governor charged the faithful in the State and across the country to commit to ensuring that they continue to benefit from the genuine policies and programmes of government put in place to make live easy for all living and doing business in the State, without discrimination.
He said, “I, on behalf of the government and good people of Rivers State, heartily felicitate all Muslim faithful on the occasion of the Eid-el-Maulud celebration, to honour the birth of the Holy Prophet Muhammad, and urge for prayers for the revival and unity of Nigeria.
“The occasion, yet again, provides an opportunity to reflect deeply on the need for greater application of the Prophet’s teachings bordering on piety, charity, patience, resilience, justice and peaceful coexistence,” he added.
Governor Fubara assured the Muslim community in Rivers State, and indeed, all residents of the resolve of his administration to sustain the tempo of providing critical projects and social services to improve the quality of life of the people.
