T H I S D AY ˾ WEDNESDAY,JFEBRUARY 1, 2017
19
POLITICS&ISSUES
MIDWEEKPOLITICS
‘Pat on the Back’ for Lawbreakers With about 180 million people, Nigeria is ironically considered the country with the lowest prison inmates in the world relative to population, giving it the unflattering reputation of a nation where lawbreakers seldom go to jail, writes Davidson Iriekpen
F
or anyone who had read the data released recently by the National Bureau of Statistics (NBS), there is certainly a lot to ponder given that the country was presented as a place where people hardly go to jail despite the brazen lawlessness and atrocities that stare one in the face, literarily. The statistical agency in its release put the overall prison population in Nigeria at 62, 260 inmates. It added that a total of 45, 158 inmates, representing about 80 per cent of the prison population countrywide were awaiting trial. The report further indicated that Lagos State recorded the highest prison population in the country with 6, 522 inmates, while Kano and Rivers recorded population of 4, 082 and 4, 054 respectively in 2015. In addition, Lagos also recorded the highest number of awaiting trial inmates at 5, 603 in 2015 out of a prison population of 6, 522. This was followed by Rivers and Edo with 3, 625 and 2, 434 awaiting trial inmates respectively for the period under review. According to a report on the number of awaiting trial inmates and overall prison population by state and year (2011-2015), which was released by the statistical agency, Yobe and Borno States recorded the least numbers of awaiting trial detainees of 163 and 216 out of a prison population of 562 and 603 respectively. The total number of awaiting trial inmates in the six geo-political zones was recorded at 45, 158 inmates by 2015. The South-south region accounted for the highest un-sentenced prisoners at 11, 073 inmates followed by the South-west which recorded 10, 687 and South-east at 7, 946 inmates. Others are North-west which accounted for 7, 050 un-sentenced detainees; North-central, 4, 798 and North-east, 3, 604 inmates. It did not take long for analysts to voice their observations once the report was made public. The common verdict was that Nigeria’s prison population is largely disproportionate to its about 180 million population. Their submission is that if the country has a total of 62, 260 inmates in prisons and 45, 158 are awaiting trial, only about 17, 200 have actually been convicted by the courts as those awaiting trial cannot be considered convicted and could indeed be set free by the courts or via other means. NBS’ figures were corroborated by the Centre for Crisis Communication (CCC) which in a report disclosed that over 80 per cent of Nigerians in prison custody were awaiting trial, while inmates whose cases had been concluded and convicted for various offence comprised a mere 20 percent. With a total of 240 holding facilities comprising maximum, medium security prisons, satellite prisons, borstal institutions for juveniles, farm centres, open prison camp and female prison being operated by the Nigerian Prisons Service (NPS), the country’s huge population figure coupled with the rather high incidence of corruption, lawlessness, financial fraud and other forms of criminality, make the figure a definitely confounding one for many analysts who see Nigeria as a country where people do not go to jail. For instance, South Africa with a population of 56 million, has a prison population of 162, 000, the United States with a population of 323 million, has a prison population of 2, 194, 000. While Brazil has a population of about 211 million people and 372, 000 prison inmates, the United Kingdom has a population of 66 million and prison inmates figure of about 89, 000. From these figures, analysts believe that Nigeria with much higher crimes, is grossly under-prison populated. To them, even a 300, 000 figure will not suffice given the pervasiveness of crime in the country, plus the fact that the streets teem with individuals who should ordinarily be locked up. Another damning finding is the quality of
Acting Chief Justice of Nigeria, Justice Walter Onnoghen
those in detention. While they are mostly miscreants randomly arrested by law enforcement agents and arraigned for trumped up charges, the rich often tends to escape justice via technical loopholes or outright undermining of the system. For instance, from 2007 to date, security and anti-graft agency in the country have arraigned no less than 50 high-profile public officers and personalities but has yet to secure conviction against them. Since the figures were released by the NBS, many analysts find it curious how a country with so much impunity, lawlessness and fraud would have just 17, 000 people in prison when other countries with lower crime rates have thousands of people in prison.
Another damning finding is the quality of those in detention. While they are mostly miscreants randomly arrested by law enforcement agents and arraigned for trumped up charges, the rich often tends to escape justice via technical loopholes or outright undermining of the system. For instance, from 2007 to date, security and anti-graft agency in the country have arraigned no less than 50 highprofile public officers and personalities but has yet to secure conviction against them
The reason may not be hard to figure out. Though there is no dearth of laws in the country, what many believe is lacking range from diligent prosecution to political will to move against powerful and influential people who contravene the law. They wonder why people who commit murder, manslaughter, robbery, steal public funds, and those who commit financial and corporate fraud are allowed to freely walk the streets when they are supposed to be behind bars. It was against this background that Nigerians were jolted when an Osun State High Court in Osogbo recently sentenced a 31-year-old man, Kelvin Igha Igbodalo, to 45 years imprisonment for stealing a Sony Ericson mobile phone. Igbodalo, who was arraigned on a six-count charge of conspiracy, obtaining by false pretence, stealing, impersonation and advance free fraud, pleaded guilty. Justice Jide Falola sentenced Igbodalo to 10 years in prison for each of the first three charges and five years each for the last three counts. But a former Assistant Director in the federal civil service, Mr. John Yakubu Yusufu who admitted to being part of those who stole N32 billion was practically allowed to go free. The sentencing of Yusufu which was the first conviction in an elaborate scam that came to light in 2012 involved several top officials, offices and banks. The convict was tried on a 20-count charge alongside Atiku Abubakar Kigo (Permanent Secretary), Ahmed Inuwa Wada (Director), Veronica Onyegbula (Cashier) and Sani Habila Zira (ICT Officer). His sentencing came after he pleaded guilty to betraying trust and fraudulently converting N2 billion of police pension funds to private use. He admitted to the 19th and 20th offences relating specifically to him, each involving betrayal of trust and the conversion of N1bn apiece. But to the consternation of Nigerians, the trial judge, Justice Abubakar Talba, handed the convict a mere sentence of six years in jail and an option of N750, 000 which he promptly paid to avoid going to jail.
To further buttress how hard it is to go to jail in the country, while Nigerians are still waiting for justice to be served five years after Cynthia Osokogu was raped and killed by Facebook friends, the British criminal justice system last put Nigeria to shame. In just six weeks, six men who committed a similar offence in Britain were tried and jailed. The gang that groomed teenage girls on Facebook before raping them in attacks in Coventry have been jailed for a total of 44-and-a-half years today. The five men, who are all from the city, plied their victims with alcohol and drugs before the attacks in 2015 and 2016. Waqaar Khan, Marcus Woolcock, Kadeem Bourne, Keenan Kelly and Zahid Chaudhary were found guilty of a total of 18 offences just before last Christmas. The men were found guilty of charges including sexual assault and human trafficking following a six-week trial at Warwick Crown Court. Khan, 24, and 23-year-old Bourne, were found guilty of two counts of trafficking and three of rape, with Bourne also guilty of sexual assault. Chaudhary, 20, was found guilty of trafficking. The youngest in the group, 18-year-old Kelly, was convicted of two rapes, one sexual assault and one count of trafficking. However, in Nigeria, 24-year-old Cynthia, the only daughter of General Frank Osokogu (rtd), was murdered on July 22, 2012, at Cosmilla Hotel, Lakeview Estate, Festac Town, in Lagos by her Facebook lover and friends. Her body was found in a Lagos morgue a month after she was declared missing by her family. She was a post-graduate student who had a boutique in Nasarawa State until her death. Police detectives led by the then Area Commander of Festac, Mr. Dan Okoro, were celebrated nationally and internationally when they cracked the case quickly with the aid of technology and arrested four suspects – Okwumo Nwabufo, 33; Olisaeloka Ezike, 23; Orji Osita, 33; and Ezike Nonso, 25. The suspects were charged to court on a six-count charge of conspiracy, murder, stealing, recklessness, negligence and possession of stolen goods. The murder trial began on February 8, 2013, with the state calling the hotel’s receptionist as the first witness. When the trial resumed on January 12, 2017, Justice Olabisi Akinlade of the Lagos High Court sitting at Igbosere reportedly complained about lawyers using delay tactics. Akinlade had frowned at the delay by the second defendant’s counsel, A. Nwachukwu, in filing his final written address. Reacting to the NBS report, public affairs analyst, Peter Ahonsi, said he did not find the figure surprising. “I was not surprised with the figures released by the NBS. Why do you think this country is not making progress? The simple reason is that those who are supposed to be in prison are the ones either calling the shots or making decisions on our behalf. It is unfortunate. For as long as this continues, development will continue to elude us.” While corroborating Ahonsi’s views, a Lagos-based lawyer, Ademola Kolawole, described Nigeria as a country of jokers. He said until influential persons such as ex-governors, ministers, managing directors of banks are put in prison for various offences, the country will never develop. “The figure by the NBS did not surprise me. It is what I have always known. Nigeria is a country of jokers. People who should have been locked away are the ones ruling us. Have you ever seen any governor, minister, bank MD (managing director) in jail in this country? Until this happens, nobody will sit up.” To these analysts, the old saying about the wheels of justice grinding slow but exceedingly fine is hardly reassuring; they would rather it rotates swiftly so society’s known villains do not always have the last laugh at the expense of the masses.