Crime & Punishment

Curbing Cybercrime, Domestic Violence, Sexual Assault Collective Responsibility: Asemudara

Funke Olaode

Managing Partner, Royal Practice (Legal Group) and founder, Mission Against Injustice in Nigeria (MAIN), Barr. Ayeoba Ige Asemudara has decried the rate at which Nigerian society looks the other way when crimes are being committed, even on their door steps. He said the attitude has eroded the values and torn the moral fabric that Nigeria of old is known for.

Asemudara made this statement during an interview with THISDAY Crime and Punishment.

According to the legal luminary, there are laws guiding the affairs of the country, but taming cybercrime, theft, pickpocketing, violence, should be a collective responsibility “because any society that leave its responsibility in the hands of the law enforcement agencies alone is bound to fail.”

Reacting to the menace, which has continued to disrupt society’s peace despite the government’s efforts and legal framework to punish offenders, he opined that even when the laws take its full course, society still has a major role to play by addressing the root course of these menace.

He said the late literary giant and writer Chinua Achebe wrote that when birds have learned to fly without perching, men have also learned to shoot without missing. Every day, society evolves and develops, and the law should rejuvenate itself to meet the development of society.

“Abuses have always been there, and if care is not taken, it will continue. What we should do as a society and as a people is to reduce it to the bare minimum. To eradicate this may be impossible because there are factors that lead to abuses, especially domestic violence. It is important that we have new legislation to address it. It is also important to find another way to deter people from committing such crimes,” he stated.

He added, “Coming back to legislations, we have always had laws. The Criminal Code is strict legislation that prohibits domestic violence, with provisions on indecent assault, assault generally. It doesn’t have to say assault in marriage. Once you see somebody being assaulted, including the modern ones, cyber-bullying and cyber trolling, the Cyber Crime Prohibition Act of 2015 has addressed some of these acts. Lagos State has enacted the law prohibiting sexual abuses under section 262 of the Criminal Laws. Even if any of the states have not passed specific legislation, I can tell you that the criminal code and penal code have abundant provisions for this.”

He noted that domestic violence is a crime that is common within a family or marital setting, pointing out that “is why we need to go back to the basics by taming it especially on the onset of starting a family through counselling, pre-marriage engagements between prospective couples” and “that is why the religious leaders should come in, government through the Ministry of Women Affairs. We need to put more effort into pre-marital engagements.”

For instance, in the United Kingdom, if you maltreat your children or your wife and your neighbours are aware, even without the victims calling the emergency line, the neighbours will call the police, he stated.

“Even if you are their best friend, they will invite the police, who will investigate and deal with the issues,” Asemudara said.

Advising the law enforcement agencies on the way forward, Asemudara urged the custodians of law to wake up to their responsibilities.

“What we should do is how these laws are enforced is that all apparatus of law must wake up to their responsibilities,” said Asemudara. “The court should sit up to ensure that the laws are properly deployed on the issues related to domestic violence and sexual abuse. The states have a lot to do, and the other law enforcement agencies have a lot to do, too.”

Expressing his view on sexual harassment that has gone unabated, the legal titan still emphasized that the law must take its full course on the offenders to prevent the victims and survivors.

“The problems must be addressed squarely from the source, the values in the society from parenting, enlightenment in schools, the government through various sensitization programmes, etc. A spoilt child will become a spoilt adult,” Asemudara noted. “You won’t say that just because a person is sentenced today doesn’t mean that others won’t commit it. It must be tackled from the source.

Asemudara said that the I-don’t-care attitude, which has eroded the popular cliché of being one’s brother’s keeper, is a behavioural attitude that bothers him.

“Crime in this climate is seen as a norm. I say this because if it is happening under their noses, they do nothing about it. People will be fighting in public, and we all feel indifferent about it,” Asemudara lamented. “On the street, you will see people picking pockets. We shrug it off. Even in traffic,  unarmed robbers known as street urchins will be robbing motorists. We will just be watching. A lot of harassment takes place, and we all look the other way if we are not directly affected. It is a whole lot of mess. We all need to stand up.”

Cybercrime is known as Yahoo and involves young men whose parents allegedly formed an association with them. They even encouraged them to go for training,  make money, and catch up with their counterparts in crimes.

“This is disheartening. For instance, where I was raised, you couldn’t bring money home and cannot explain the source.  This is how it should be. It is unfortunate that we now have parents who are encouraging their wards to go into yahoo business,” Asemudara stressed. “I have heard of parents who are giving out money to children to undergo training on Yahoo. That is how the society has degenerated into. The value system is being eroded because of societal pressure.”

He added, “We should consider the interest of the country. Whatever the situation, all of us must look at it from the point of view that it must work. How can parents finance their children who are involved in cybercrime and take the benefit or proceeds of the crime? I have seen people whose children buy them cars and build houses for them, and they can’t account for where they earn the money.

“The system needs total overhauling by going back to the traditional institutions where morals are reeled out. It is about us all. You won’t be in the company of fraudsters in my younger days but today, society often celebrates them. Even those who are doing lawful ones can’t come clean. A situation whereby somebody earns a monthly salary of N100,000 but is assured of making N300,000 extra at the end of the month. That is why he took the job. What kind of a mindset is that?

“So, we have loads of problems in this country, and if we continue to blame the law enforcement agencies or the judicial institution, we won’t get anywhere. Let’s rise up and stamp out crimes in our society, and while caught, the law should take its full course on the offender.”

Police Arraign Fake Forex Trader over Alleged N1.66bn, $355,000, €13,000 Fraud

Wale Igbintade

The police in Lagos have arraigned a 39-year-old man, Bassey Ikpi, before the Chief Magistrate Court in Ebute-Metta for allegedly posing as a forex trader, thereby defrauding several individuals and companies of N1.66 billion, $355,000, €13,000 respectively.

The defendant is facing four counts bordering on conspiracy, obtaining by false pretence, fraud, and breach of public peace, preferred against him by the police.

Ikpi allegedly obtained N1,066,311,503, $355,000, and €13,000 under fraudulent circumstances from his victims.

The police prosecutor, Inspector Cyriacus Osuji, told the court that Ikpi and his accomplices, still at large, committed the alleged offences.

Osuji stated that in conspiracy with others, the defendant fraudulently obtained these large sums under the pretence of Forex trading.

He also told the court that these offences took place on October 18, 2023, at Ikeja, Lagos. Ikpi was specifically accused of defrauding one Mrs. Caroline Kamaya, of N25 million and another victim, Mrs. Tope Augustine, of N36 million. He allegedly swindled Mrs. Henrietta Achiekwelu out of N200m, $75,000, and €13,000.

Inspector Osuji further told the court that Ikpi obtained N82,211,503 from NKG Energy Services, N683,100,000 from Sacvin Nigeria, and $280,000 from Neco Trading Services Limited and Mr. Arinze Anyaeche.

The defendant was also accused of duping Mrs. Stella Mohammed of N21 million and Mr. Tokunbo Adebiyi of N19 million, all under the false pretence of forex trading.

Osuji said that the defendant conducted himself in a tumultuous manner, an act capable of breaching community peace and order.

The offences are said to contravene Sections 411, 314, 380 (1), and 168 (1)(d)(f) of the Criminal Laws of Lagos State 2015.

Ikpi, however, pleaded not guilty to the charges.

Magistrate Mrs Abimbola Davies granted the defendant bail in the sum of N2 million, with two sureties in like sum.

She ordered that the sureties must be gainfully employed,  evidence of tax payment must be presented to the Lagos State government, and their residential addresses must be verified.

For further mention, the case has been adjourned until September 10, 2024.