Uromi 16 and the Dangers of Selective Justice

Introduction 

General lawlessness and lack of accountability in the country which has continuously been participated in, condoned and encouraged by successive Governments, has led us to the era of mob/jungle justice we find ourselves in today. Take for example, the recent Kogi saga to recall Senator Natasha Akpoti; former Governor, Yahaya Bello, a person who is facing criminal charges of allegedly syphoning N110 billion of Kogi State funds, is running around the place without a care in the world, alleged to be the one who orchestrated the recall of Senator Akpoti, supported by Kogi State Government, plotting to replace her in the Senate! It’s so shameful. This kind of behaviour can be infuriating, making the people lose confidence in the State and its agencies, making them resort to self-help, believing that the State may not give them the justice their matters demand. 

Are the people of Kogi saying that they would rather have represent them, a person who is charged with stealing their common wealth to enrich himself, acquire choice properties for himself, and pay his children’s school fees in a foreign school in Abuja until they all graduate from there, while failing to provide their own children with decent schools in Kogi State, contrary to the educational objectives set out in Section 18 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution)? I think not. What about the Kogi State Government issuing orders and blocking the roads to prevent her homecoming, in breach of Senator Akpoti’s right to freedom of movement (see Section 41(1) of the Constitution) necessitating her ‘triumphal entry’ into Kogi State by helicopter during the recent Sallah celebration to mark the end of Ramadan? All this is executive recklessness, and disregard for the rule of law!

Last week, the Federal High Court issued a restraining order, to stop commentary about the ongoing case to do with Senator Akpoti’s suspension. Section 39(1) of the Constitution guarantees the right to freedom of expression; of course, this right can be derogated from by Section 45 of the Constitution. But, I wonder if these particular circumstances warrant such an order? For one, Nigeria doesn’t operate a jury system where jurors who decide cases are ordinary members of society chosen randomly, not trained in the law, and can therefore, be influenced by public opinion. In Nigeria, judicial officers who are trained in the law, adjudicate upon and decide cases. Why should they be bothered by public commentary, when, by their training, their decisions must bear the elements of a good judgement, and not public opinion? See Mbani v Bosi & Ors (2006) LPELR-1853(SC).

Benue State

On January 1, 2018, at least 70 people were murdered in cold blood in Benue State by suspected Herdsmen following the enforcement of the anti-open grazing law there. President Buhari had instructed the then Inspector General of Police, Idris Kpotum, to relocate to Benue State and attend to the security crisis there. See Section 14(2)(b) of the Constitution on the primary purpose of government, and Section 4 of the Police Act 2020 on the duties of the Police. Not only did Idris Kpotum disobey the President’s instruction by only showing up in Benue for one day and leaving, no one was brought to book for that attack, and the incident was soon forgotten, with many other similar incidents following without any consequences. Like Cacofonix, even though Governor Ortom had shouted himself hoarse at the time, blaming the attack on Herdsmen and asking the Federal Government to come to their aid, a couple of months later, President Buhari had issued a statement, feigning ignorance of Idris Kpotum’s disobedience, and didn’t  discipline him for same, on discovery of his non-compliance. I had written about it then. That instead, President Buhari had rewarded Idris Kpotum for his failure, by taking him on Presidential trips, instead of sacking him for insubordination. Recently, some people of Naka, Otukpo, Benue State went on a rampage destroying some buildings, and part of their protest is that the Nigerian Army supports the Herdsmen and should be replaced with MOPOL. 

Government’s encouragement of executive rascality, lawlessness and escape from culpability has permeated all spheres of our society, and this is why those who meted out jungle justice to the 16 Northern travellers in Uromi, Edo State, felt at ease doing so. It is rather unfortunate that we live in a society where it is acceptable for a crowd to simply throw a tyre on and set a person caught stealing ablaze, roast them to death in broad day light, instead of handing them over to the Police for prosecution for the offence of theft, which obviously has judicial remedy! Of course, we mustn’t forget that amongst these crowds that mete out jungle justice, are also hardened criminals who are happy to seize the opportunity to carry out such dastardly acts that bring them satisfaction, under the guise of being custodians of society. 

Past Examples of Mob/Jungle Justice

Right from the time I became Editor of this esteemed publication in 2016, I had warned against the Nigerian State turning a blind eye to mob/jungle justice, and the dire consequences that could come with it. 

1) Late Mrs Agbahime/Kano

The first time I issued the warning, it was about the lynching of 74 year old Mrs Bridget Agbahime, a plastics seller at Kofar Wambai Market in Kano. Late Mrs Agbahime had had issues with one Ahmed Dauda, who was identified as the ring leader of a mob that clubbed Mrs Agbahime to death on unsubstantiated allegations of blasphemy. The accused persons were arrested and charged to court, and despite widespread condemnation, even by MURIC, the then Attorney-General of Kano State had entered a ‘Nolle Prosequi’ (refusal to prosecute), a power which can be exercised by an Attorney-General, if for instance there is insufficient evidence or no witnesses to testify in court, has the effect of abating the criminal proceedings and cannot be questioned by the trial Judge, resulting in the discharge of the Defendant. Consequently, Mrs Agbahime’s alleged killers were freed, and that was that – see the case of Audu v AGF & Anor (2012) LPELR-15527 (SC) per Olabode Rhodes-Vivour, JSC. 

In Mrs Agbahime’s case, not only was there positive identification of her killers who were well known, there were eye witness accounts of the attack; so, why did the Kano AG enter a Nolle? In this case, the Kano AG misapplied and  misused his power, and entered the Nolle to protect criminal Defendants, instead of giving Mrs Agbahime justice.

I had commented then that, if Government failed to take the correct stance on murder/ mob/jungle justice in the name of blasphemy, it would send a message that Government condones cold-blooded murder, and would have the tendency of encouraging this kind of  horrible practice to become the norm, rather than the exception. No one listened or cared. Assuming without conceding that Mrs Agbahime had blasphemed, doesn’t the law make adequate provision for blasphemy/insult against religion? It does. Blasphemy is a misdemeanour which attracts two years imprisonment, or an option of fine upon conviction. See Sections 210 & 204 of the Penal Code Act (PCA) and Criminal Code Act (CCA) respectively. Even in the Holy Quran, blasphemy doesn’t attract the death penalty – see Quran 33:49 & 4:41. Murder/Culpable Homicide, on the other hand, is a heinous felony that attracts the death penalty upon conviction. See Sections 220 & 316 of the PCA & CCA respectively.  

2) Plateau Attacks

Again, in 2018, over 130 people residing in about 11 villages within 4 local governments in Plateau State were massacred. It was allegedly an extra-judicial mob action, in retaliation for the disappearance of 300 cows. I had asked then, how the lives of human beings could be equated with that of cows. I had also asked if it had been established that those people that were murdered were responsible for the disappearance of the cows, and even if they were, whether the law didn’t make adequate provision for dealing with thieves? In fact, some States had put in place, a system of compensation for Herders whose cows were stolen. As usual, no one was brought to book for this attack. Last week, several villages in Plateau were attacked, and over 50 people and counting are reported to have been killed so far. Some are arguing that this gruesome incident, hasn’t attracted as much attention as the killing of the Uromi 16.

3) Late Deborah Samuel Yakubu/Sokoto

In 2022, when Deborah Samuel Yakubu, a Christian 200 level student of Shehu Shagari College of Education Sokoto was murdered/stoned and burnt to death in a mob attack by her fellow students for allegedly committing blasphemy against the Holy Prophet Muhammad (PBUH), the act was rightfully condemned by many, including His Eminence, the Sultan of Sokoto and the Christian Association of Nigeria. Only 2 people out of the crowd were arrested for Deborah’s murder, and a mob of angry extremists subsequently, went on a rampage to protest their arrest. Nothing came out of that incident either. 

Many innocent lives have been lost on account of extra-judicial, outright jungle justice, and perpetrators have been left by the State to walk free. People whose communities and relatives have been affected by horrible attacks, are naturally, emotional about the Uromi incident, and the argument of many of them today is that, if others have been allowed to escape culpability for heinous crimes which resulted in the killing and maiming of their loved ones, why should what occurred at Uromi be treated differently? That if Farmers can be murdered on their farms because others want to wrongfully graze their livestock there, communities murdered in their sleep because they are Farmers, while innocent commuters are simply kidnapped for ransom, raped, and murdered even when ransoms are paid, why should people who were allegedly found with guns and cash in an area where indigenes have been brutalised, not be suspected and given the same jungle justice treatment, particularly when the people are of the view that law enforcement may not be doing enough to protect them? 

Restoration of Sanity

However, the correct answer is that, we cannot continue with this level of jungle justice and lack of accountability as if we are in a Hobbesian State, if we want sanity to return to our society; it is time for accountability to start, if we want to build a civilised culture. And, even though the Constitution does provide for equality and equity amongst all Nigerians, and prohibits discrimination (see Section 42 thereof), I submit that the intention of the Constitution cannot be to measure equity/equality, by equating the number of Defendants that are allowed to escape from criminal liability for jungle justice zone by zone. No! 

Therefore, to address the issue of fairness and the bad optics of perhaps, Government appearing to allow a section of our society appear to be able to get away with more than others in times of crisis, past incidents should also be reopened. 

Luckily, while some offences may have a statute of limitation, I do not believe that murder/culpable homicide does. For example, in State v Ilori & Ors 1983 2 S.C. Page 155 at 195 per Aniagolu, JSC, the Supreme Court held this: “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”. So, in the spirit of equity and fairness, the proper thing to do is to adopt a holistic approach. Nothing stops the Kano State Government, while rightfully seeking justice for its 16 indigenes who were allegedly brutally murdered by means of mob justice in Uromi, from reopening Mrs Agbahime’s case, and continuing with the prosecution of her alleged murderers. The same for Sokoto State, and Deborah Samuel Yakubu’s case – reopen, investigate properly and prosecute.

In 2022, in Lagos, there was the case of David Imoh, who was beaten to a state of unconsciousness and then burnt to death, allegedly by a mini mob of okada riders of Northernish extraction, over a misunderstanding concerning N100. His two other colleagues were also beaten to a pulp, but were lucky enough to get away and be rushed to the hospital. Apparently, seven people were arrested for this horrific crime, and the Lagos State Government banned okada riders in certain areas. However, at the time, I read on social media that, instead of the Northern leaders in those areas to help fish out those who meted out mob justice on David Imoh and his two colleagues, they preferred to issue veiled threats on Mr Governor, that if he didn’t lift the ban on okada riders in those areas, he wouldn’t get their vote in the 2023 election. 

Conclusion 

Building a better society cannot be done without justice; and, justice cannot be one-sided or selective; it must be for all. While I condemn the brutal killing of the Uromi 16 by mob justice, and charge law enforcement to bring everyone responsible for this heinous crime to justice, previous injustice to others must also be acknowledged and addressed, while going forward, Herdsmen/Farmers/Criminal/Terrorist attacks must be treated with the seriousness they demand. For starters, the Betty Agbahime, Deborah Samuel Yakubu and David Imoh’s cases, must be heard, and their killers brought to justice too. 

A society in which certain sections believe that attacks on their communities are not treated by Government with the seriousness their issues demand, while others appear to be put on a priority list, will only make for a dysfunctional, bitter society, where everyone will be seeking revenge on everyone. True healing can only be achieved by equity, equality, fairness and justice across board.