Crime/Justice
Are Discussions On Security, Insecurity Outside Law/Legal Discourse?
Controversy recently broke out on a WhatsApp platform, as to whether or not discussions bordering on security and insecurity (and especially on the worsening insecurity situation in Nigeria) are a part of law or legal discourse, and accordingly whether such discussions should or should not feature as part of conversations on lawyers’ or law platform.
Opinions are divided on this. This short commentary is to prove beyond all reasonable doubts, that security is an aspect of human rights and rule of law, and discussions on insecurity and security can not be divorced from law or legal discourse.
In my opinion, all the constitutional and legal provisions on human rights are aimed at making citizens to feel secure or at giving citizens an assurance of security – that their lives are secure in their dealings with fellow citizens; that their persons, names, reputation, liberties, lands, property, relatives, work, dignity and freedoms are secure. Thus, a basic essence of law is to guarantee order and through that, security. Accordingly, insecurity is one of the greatest threats to rule of Law and and human rights.
Now, look around you and tell me, are the legal foundations of our basic existence in Nigeria, not under a vicious threat by the worsening insecurity situation in the country? If the Constitution of the Federal Republic of Nigeria, 1999 could recognise in section 14(2)(b) that “the security and welfare of the people shall be the primary purpose of government”, with due respect, it is befuddling, incomprehensible, and absurd, to hear anyone, especially a lawyer, arguing that what is in the ground norm (constitution), is not an aspect of law.
Further, section 33(1) of the Constitution provides that,” every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria”. This right is now being violated in Nigeria on an hourly basis, with impunity. Citizens are killed in their homes, farms, on the road, at the airports, schools, markets, churches, mosques, village squares, offices, shops with reckless abandon and absolute impunity, as chicken. The situation has become so hopeless that governments in Nigeria are now calling on citizens to “defend yourselves”.
When the government whose primary responsibility it is to protect lives and property, has now resigned to advising citizens to “defend yourselves”, what hope is there for security? What hope for human rights under section 33(1), when governments have resigned to their fate and surrendered to “God”, their own primary responsibility-i.e. the job of securing lives and property in Nigeria?
Moreover, section 34 (1) provides that “Every individual is entitled to respect for the dignity of his person, and accordingly –
(a) no person shall be subject to torture or to inhuman or degrading treatment; (b) no person shall he held in slavery or servitude”.
I ask, HOW MARKET in Nigeria for provisions on “respect for the dignity of his person”, and on prohibition of “torture” “inhuman or degrading treatment”, slavery and servitude?
Fourth, section 35(1) provides that “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law”. How many Nigerians still enjoy “personal liberty” in their own country, Nigeria? What about the legal prohibition of illegal taxation? How many Nigerians still enjoy freedom from illegal taxation when Boko Haram, ISWAP, UGM, and bandits, levy and enforce collection of illegal taxes all over parts of the country?
What about the right to freedom of movement? Are Nigerians still free to move freely in their fatherland?
What are we even talking about? If security is not part of law, then law is a dead discipline. Those who argue that security discussions are not legal discussions are doing so in furtherance of their selfish, parochial, sectional or partisan agenda. They know the truth. They don not want to face truth in order to be free. If we will not discuss insecurity, then we are saying human rights are meaningless; we are saying those provisions of the constitution, as i have referred to above, are rubbish.
Insecurity is a threat to human rights. Avoiding discussions on causes, effects of and solution to worsening insecurity in Nigeria is a promotion of violation of human rights and rule of law. Interdicting discussions about security/ insecurity is tantamount to abandoning a part of our primary roles as lawyers. The first duty of a lawyer is to promote rule of law and human rights. All other duties are secondary. Accordingly, if a lawyer does not discuss insecurity on a lawyers’ platform, where all discussions about LAW are permitted, who else do we expect to discuss insecurity?
In my opinion, the best approach towards discussing the way out of worsening insecurity in Nigeria is the criminologist’s approach: (1) ask the right, objective questions about the causes of the current spate of insecurity and provide honest answers. If you remove the causes, the results will disappear. Guns alone can not cure the nature of insecurity that we have in Nigeria. It is a peculiar kind of insecurity; it is manmade, self-imposed, self-inflicted and therefore can not be solved by only guns and military weapons. Weapons have even proven ineffective and inefficient in curbing insecurity in Nigeria a testimony to my suggestions, that much more is needed to halt this ugly trend. (2) determine and expose the level of damage arising from insecurity and suggest way out; (3) determine and expose the most appropriate cures for insecurity, since military might has failed and (4). Put forward objective recommendations devoid of political undertones, ethnic protectionist shenanigans, parochialism irredentism, and egoistic grandstanding.
Accordingly, it is my humble conviction that all discussions and conversations about causes (immediate and remote), effects, implications of, and solutions to, Boko Haram, ISWAP, Banditry, Unknown Gunmen, Yoruba Nation Agitation, IPOB imbroglio, Militancy, kidnapping, ritualism, Yahoo-Plus ritualism, drug abuse and peddling, herdsmen menace, religious extremism, among similar issues are legal discussions which ought to not only feature on, but should dominate lawyers’ Platforms, Meetings, Seminars, Webinars, Workshops, Conferences, etc.
That this is not currently the case testifies to the allegation in some quarters that lawyers are a greater part of Nigeria’s problem. If lawyers play their role well, Nigeria would be well, better. Ironically, unfortunately, most lawyers just egoistically face only their own private affairs, feeling unconcerned, even as a beautiful country gradually but steadily goes down the drain on the altar of worsening insecurity and religious irredentism and extremism.
If lawyers had devoted much attention to discussing and working hard to advise and harness efforts at halting worsening insecurity in Nigeria, by now that problem would have taken a reverse movement. See for example, the Nigerian Bar Association (NBA) is planning to hold a conference in Sokoto State. Unfortunately, Sokoto is currently engulfed by restiveness and tension and worsening insecurity.
Good luck to Nigerian lawyers who argue that discussing security/insecurity is outside legal discourse. Insecurity is disrupting their own affairs too. When the nose grieves, the eye cries.
May I, by way of conclusion on this part, respectfully recall a statement issued by a very respected senior lawyer in Nigeria, Chief Ferdinand Oshioke Orbih, SAN, on a Lawyers’ WhatsApp Platform, Legal Practice Discourse (LPD):
“The issue is how do we, as lawyers respond to the goings on in our country. We cannot play the ostrich at this critical time in the history of our dear country. If this [discussions about security, insecurity] is outside the mandate of LPD, then I’m on the wrong platform. Anything that threatens the existence of this country equally rocks the foundation of the legal profession. There has to be a country for us to practise our profession. I practise Law in Nigeria, not in the USA, the UK or any other country for that matter. The politicians in our midst may disagree but please let us face the reality of the situation…
By: King Onunwor With Reports From Sylvester Udemezue
Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.
Esaenwani Baribor Ferguson
Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.
The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.
King Onunwor
The Rivers State Police Command says it has begun orderly room trial for the three erring personnel and has issued official query to three officers for allegedly extorting two young men of N4 million in Aba, Abia State.
The officers were identified as Assistant Superintendent of Police (ASP) Doubara Edonyabo; ASP Talent Mungo; and Inspector Odey Michael.
Addressing journalists while parading the three officers, the State Commissioner of Police, CP Olantunji Disu said immediate steps were taken to apprehend the officers and a thorough investigation was conducted to ascertain facts surrounding the incident
The State Commissioner of Police, who was represented by the command’s image maker, SP Grace Iringe-Koko, said $3,000 was extorted from the victims, equivalent to N4.2 million, stressing that the money had been recovered and released to the victims on January 18.
“Following a comprehensive inquiry, it has been established that the actions of the officers in question were in clear violation of the law and the ethical standards expected of members of the Nigeria Police Force. As a result, appropriate disciplinary measures are being taken to address this grave misconduct.
“The Rivers State Police Command is committed to upholding the highest standards of integrity, professionalism, and accountability. The behaviour exhibited by the implicated officers is completely unacceptable and does not represent the values and principles of our organisation. We deeply regret the negative impact that such misconduct may have on the reputation of the Rivers State Command and the Nigeria Police Force in general,” the spokesperson said.
She, however, stressed that the actions of a few individuals should not overshadow the dedication and sacrifice of the vast majority of officers who serve with honour and distinction.
She stressed that the Inspector General of Police has consistently articulated a zero-tolerance stance against corruption and misconduct within the Force, and that this incident does not reflect the aspirations of the Nigeria Police Force.
She assured that Rivers State Police Command would remain resolute in its commitment to serving and protecting the community with utmost professionalism and integrity.
Akujobi Amadi
