Citizen Deborah: When Extremists Take the State Hostage

#justiceforOchanya

Last week, I discussed some matters arising from the death of late Ochanya Ogbaje, who died as a result of VVF complications, following sexual assault/rape from the age of 8, and concluded that the trial Judge did not exercise his discretion judiciously and judicially, resulting in a judgement which many, including myself, saw as perverse, a travesty of justice. I became more convinced that little Ochanya had been denied justice by the Benue State High Court, when I watched the video of her which was tendered in evidence as an exhibit in the case. While the recording may not qualify as a dying declaration, she lucidly and unequivocally named her rapists as Andrew (father) and Victor (son) Ogbuja, and talked about her ordeal briefly. She even mentioned the fact that the Ogbuja’s daughter had caught Victor raping her and reported to Andrew, who then proceeded to rape her too. I wondered how much more direct this evidence could be, and why the trial Judge expressed regret that Ochanya was not around to narrate her story! She was, and she did. And so, I, like many other well-meaning Nigerians, am therefore crying out for justice for little Ochanya. I urge the Benue State Government to appeal this decision immediately, if it hasn’t already. 

It is this kind of unjust/perverse decisions from courts of law, that encourage criminals to be more daring. The fact that they know that they will be able to get away with their misdeeds, even if they are taken before a court. See the case of Iteogu v LPDC 2018 LPELR-43845 (SC) on when a decision is reached per incuriam (a perverse decision is one which is arrived at, without taking the law or the facts of a case into consideration in arriving at the decision). You are elected into or put in a position of trust, you steal and loot the State treasury to the detriment of Nigerians – you either get off on technicalities or you are pardoned. You engage in jungle justice in the name of religion, you are never brought to book, and in the unlikely event that you face criminal charges, you also get off. What type of example is being set? A bad one. A tasty recipe for corruption and religious crisis.

Murder in God’s Name: #justiceforDeborah

Recently, Deborah Yakubu, a Christian 200-level student of Shehu Shagari College of Education, Sokoto was murdered by her fellow students for allegedly blaspheming against Prophet Muhammad (PBUH) in a WhatsApp post. The act has been rightfully condemned by many, including President Muhammadu Buhari, His Eminence, the Sultan of Sokoto, and the Christian Association of Nigeria; and the public is demanding for justice for Deborah – that the perpetrators of this heinous act should be brought to book. The questions is, will they be prosecuted for murder/culpable homicide to the fullest extent of the law? Already, the public is hearing that while a huge mob was involved in this dastardly act against Deborah, so far, only two people have been arrested. Will Deborah get the justice she deserves? 

Other Examples of Injustice

This reminds me of the case of Gideon Akaluka, who was murdered by a mob in Kano in 1994. He was detained in Police custody for allegedly desecrating the Holy Quran, and while in custody, a mob broke into the Police station, abducted, murdered and beheaded him, and then proceeded to parade his head on a stick. Christiana Oluwasesin, a Christian Secondary School Teacher also suffered a similar fate of murder by jungle justice in Gombe, for allegedly touching a bag belonging to a female student which contained the Holy Quran, thereby defiling the holy Book. In 2016, Deaconess of the Redeemed Christian Church of God, Eunice Olawale, who went round her neighbourhood in Kubwa, Abuja daily around 5am evangelising on a megaphone, was found dead in a pool of her own blood, her throat slit. A few days before her murder, she had complained to her husband that she had heard some people behind a Mosque saying she should be chased away because of her evangelising. Is anybody chase away, when the Muslims do the ‘Azan’ (Call to Prayer) daily, especially at 5am? Also, in 2016, 74 year old Bridget Agbahime, a plastics seller at Kofar Wambai Market, Kano, who had issues with one Ahmed Dauda, identified as a ring leader of the mob that murdered her, was clubbed to death for allegations of blasphemy which were unsubstantiated.

In all these cases, nobody was brought to justice. In my article of 22/11/16, “Islam, Mob Justice and the State”, I concluded inter alia that, if Government failed to take a stand on this issue of murder in the name of blasphemy, it would send a message that the Federal Government condones cold-blooded murder, particularly when it is done in the name of Islam; that contrary to Section 10 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), Nigeria is an Islamic State – see Sections 38-40 of the Constitution and  the case of Ugwu v Ararume 2007 12 N.W.L.R. Part 1048 Page 367 at 441-442 per Niki Tobi JSC on the word “shall” being a command – Federal and State Government shall not adopt any religion; that Muslims regularly get away with murder done by mob justice, and that Nigeria is a Banana Republic with Kangaroo courts. How can we ever hope to attract new foreign direct investment, with this kind of scary narrative? Well apart from countries like China, who seem to place little or no value on the promotion or preservation of fundamental human rights.

At the risk of sounding like a broken record, I make these three points yet again – that the Holy Quran does not provide that death is the punishment for blasphemy – “And overlook their annoying talk, and put your trust in Allah (Quran 33:49, 4:41); that the Constitution does not endow their Sharia (and Customary) Courts with criminal jurisdiction – see Sections 262, 267, 277 & 282 of the Constitution; and that under Nigerian law, Blasphemy is a misdemeanour which attracts two years imprisonment with option of fine – see Section 210 of the Penal Code Act  (PCA) (applicable in Northern Nigeria) & Section 204 of the Criminal Code Act (CCA) (applicable in Southern Nigeria). Murder/Culpable Homicide, on the other hand, upon conviction of the offence, attracts the death penalty. See Section 30(1) of the Constitution, Section 316 of the CCA and Section 220 of the PCA.

Late Betty Agbahime & Nolle Prosequi 

Late Betty Agbahime’s case was said to be glaring, because not only was there positive identification of her killers who were well known, there were eye-witness accounts of the attack on her; the accused persons were arrested and charged to court. But, despite widespread condemnation, even by MURIC which declared that “there is no jungle justice in Islam”, unjustly and unfairly, the Attorney-General of Kano State entered a “Nolle Prosequi” and late Mrs Agbahime’s alleged killers were freed. I reached out to the AG Kano at the time, to ask why he took the inexpedient way out, instead of prosecuting the matter vigorously to secure justice for Mrs Agbahime. He never responded. These religious bigots who have made a habit of misinterpreting the Holy Quran, have also instilled fear into people, so much so that many are afraid to speak out against their wrongdoings for fear of reprisals. 

But, all is not lost, especially in the case of Mrs Agbahime, because a Nolle Prosequi “is only a temporary proceeding which has the effect only of a stay and not of quashing the indictment, which technically may later be prosecuted without a fresh indictment” –  State v Ilori & Ors 1983 2 S.C. Page 155 at 195 per Aniagolu JSC. In Audu v AG Federation 2013 8 N.W.L.R. Part 1355 Page 175 at 203 per Rhodes-Vivour JSC the Apex Court held that “Nolle Prosequi means do not wish to proceed”.

In a 2017 interview of my late friend, former Attorney-General of Rivers State, Sir Chinwe Aguma, SAN, he stated that an AG should only enter a Nolle when it is in the interest of the public to do so. Pray tell, how did it serve the interest of the public, to assist identified murderers to escape justice? It did not. 

Conclusion 

So, just like we are hoping that little Ochanya will get justice when the High Court decision goes on appeal, we also implore the Sokoto State Government, Police, and Judiciary to ensure that Deborah gets justice. These criminal, extremist murderers, must be held accountable for their dastardly acts of murder/culpable homicide. Their actions have all the elements/ingredients required to prove the offence of murder, including the mens rea, and it was captured on video. Anything short of convicting every person identified in the video as partaking in Deborah’s murder, and giving them the harshest punishment possible, will put our Judiciary into further disrepute. Making an example of these extremists, who by the way, as students, should know better, will serve as a lesson and deterrent to other intolerant people.

Isn’t it strange and highly unacceptable, that the Government is happy to allow courts which do not have the requisite criminal jurisdiction, to unlawfully sentence people to death for blasphemy, an offence that carries a maximum of a two-year imprisonment punishment, while they look the other way when people commit heinous, gruesome murders that do actually deserve the death penalty as punishment, letting them go scot free?! This must stop. Sir Aguma told us in his interview that, a subsequent Attorney-General can continue with the prosecution of a case in which a Nolle had previously been entered. I hope that this will be done in Mrs Agbahime’s case; and that all the other cases where it was the will to prosecute alleged offenders that was lacking, and not the evidence to do justice to the case, that they are also addressed.

I was appalled to watch videos on social media over the weekend, in which religious extremists in Sokoto went on the rampage to protest against the arrest of the two people who were fingered in the murder of Deborah. Nigeria is fast descending into a state of anarchy. Imagine protesting against the State for doing the right thing – arresting some of those involved in such a gruesome murder. The provisions of Sections 10 & 38 of the Constitution are clear – in a nutshell, that Nigeria has no religion, nor does any State; that we are all free to propagate our religions and beliefs, as long as they are lawful. 

In my view, any aspirant or candidate in the upcoming 2023 elections, who is not ready to uphold Sections 10 & 38 the Constitution, who is not ready to publicly condemn and denounce the unlawful and gruesome murder of people in the name of blasphemy, whether Christian or Muslim blasphemy, should not be voted for in the 2023 elections. Their silence speaks volumes about  their willingness to look away from horrible injustice, just to secure votes.  It shows that, with such people at the helm of affairs, there will be no positive change in Nigeria, as far as divisive issues like religion and tribalism are concerned.

Islam is a religion of peace and total submission to God; not one of violence and mob justice. I remember attending the funeral of a dear friend of mine, in London some years ago. As the Imam delivered a brief sermon at the cemetery, I felt his words fill my body with peace and tranquillity. I am unable to understand why people perpetrate violence in the name of Islam. Going forward, Nigeria needs leaders who will restore the nation to normalcy, to the time when religion was personal and played no part in State or public life. And, the time to do this is now, before the country descends into further chaos.

I, Abimbola Onikepo Braithwaite, unequivocally condemn the grisly and macabre murder of Deborah Yakubu, and any form of mob or jungle justice. I believe in the rule of law. I express my condolences to her family, and pray that Deborah rests in perfect peace. Amen.