BY EMMANUEL ONWUBIKO
Since coming on board for the second time as head of state but as an
elected leader of Nigeria for the first time in the year 2015,
president Muhammadu Buhari is yet to bring to justice suspected armed
Fulani attackers responsible for killings of over six thousand rural
farmers all across Nigeria.
As the military leader in the mid-eighties, the then major general
Muhammadu Buhari garnered some high reputation as a no-nonsense
disciplinarian seen as a patriotic Nigerian with a high propensity of
nationalistic desires to drive in sense into the minds of a lot of
Nigerians then who exhibited scarce respect for the rule of law.
However, since he was sworn in as elected president in 2015 and he has
already served out his first term and has just been returned elected
and sworn in around May 2019 for the last constitutional term, the
president is yet to ensure that suspected killers made up of armed
Fulani herdsmen are arrested, prosecuted before competent courts of
law and punished for these grave crime against humanity.
There are groundswells of perception that because the majority of
these suspected armed Fulani killers of rural farmers belong to his
ethno-religious affiliation, his government is not in any hurry to do
the needful.
Already, president Buhari has spent over 100 days after his second and
final swearing-in during which he held on to both the Holy Book of his
faith and the supreme law of Nigeria known as the constitution of the
Federal Republic Of Nigeria of 1999, and swore under a binding oath to
do right to all manner of people according to law, without fear, or
favour, affection or ill-will, but the government has failed to bring
justice to thousands of victims of the numerous cases of killings
carried out all around Nigeria by suspected armed Fulani herdsmen.
Both the offices of inspector General of Police and the Attorney
General of the Federation have failed in their constitutional
obligations to bring the culprits to book.
I have taken a great deal of time to compile few records of these
attacks by suspected armed Fulani herdsmen since 2016 to 2018. Just as
I have opted to establish legally that it is obligatory on the
president to ensure that the law is not a respecter of any killer.
This is why the State has two tasks in which potential victims of
wrongdoing are likely to take an interest; first is to criminalize
certain behaviors which wrong others, the second is to punish those
behaviors. It fulfills only one part of the law when all a society has
is provision in a piece of document without complementary enforcement
of those provisions in defaulters or deviants.
The FIRST legal basis and rationale for punishment of those crimes is
that the law has provided for their punishment. It must be reiterated
that the usual procedure for law passage involves the executive and
legislative arm of governments, so much so that even in military
regimes, quasi legislative assembly or committees are constituted to
serve as the parliament to either formulate the set of rules that
eventually decreed or in the least the embellish it with the
legislative or legal jargons. The point is that at the violation of a
law, the organ of government with powers to adjudicate is the
judiciary.
Another basis for which the crime of kidnapping and arm banditry must
be punished is that they are not compoundable offences. A crime is
compoundable when the victim of an offence which is personal to him
accepts settlement from the perpetrator in lieu of prosecution.
However the offences of kidnapping or abduction and armed banditry are
not personal to the any particular victims. The whole society is a
victim of kidnapping and armed banditry. They are offences which
deal with the state of safety of the public and for which any member
of the society could be a victim either by virtue of social standing
in financial terms, or by virtue of mere membership of a particular
tribe or group or merely by being a believer or practitioner of a
particular faith or religion. Again the manner of carrying out of
these offences involves the use of fire arms which only the State has
prerogative over.
Moreover it is someway compounding of offence to fail to prosecute and
punish kidnappers and arm bandits. _In the case of PML (NIG) LTD V.
FRN (2017) LPELR – 43480 (SC), 39-44, PARAS. B-C_ the Supreme Court
shed light on the concepts of compounding of offence and compounding
offence in the following words:
“Compounding a crime” is defined in the same Black’s Law Dictionary,
9th Ed., as follows
The offense of either agreeing not to prosecute a crime that one knows
has been committed or agreeing to hamper the prosecution.
Compounding a crime is also “a criminal act in which a person agrees
not to report the occurrence of a crime or not to prosecute a criminal
offender in exchange for money or other consideration”
………………………………………………………………………………….
The offense is complete when there is an agreement to either withhold
evidence of the crime, conceal it, or fail to prosecute it.
“Compounding of offences” on the other hand, is an act on the part of
the victim, who decides to pardon the offence committed by the accused
person, and requests the Court to exonerate him. This does not mean
that the offence has not been committed;”
In Ramesh Chandara v. A.P. Jhaveri [A.I.R.1973 SC 84] the Indian
Supreme Court made a profound statement which appears to shade light
on the conspiracy of silence in the midst of the gruesome crimes and
state of unrest in Nigeria today The Court held that an invisible
permission to compound a compoundable and non-compoundable offence is
totally invalid.
Prevalence of an offence is another reason for the need for stiffer
measures and sanctions to ensure deterrence. In the case of Onyilokwu
V The State (1981) 2 NCR 49 where the offender was initially detained
for causing hurt, and later, he unsuccessfully tried to escape and was
additionally charged with escaping from lawful custody. Although he
was later discharged and acquitted, the court expressed the view that
three years imprisonment earlier imposed on him did not show adequate
consideration not only for his first offender status, but also , for
an offence which was not prevalent in the community. The rationale for
reconsidering the sentence gives a clear indication that a prevalent
crime should not be treated with kid gloves if such a society must
survive the crime.
In the case of Olanipekmi V The State (1979) 3 LRN 204 1979 (alias
junta manta), during a robbery, D the leader ordered one of his
followers to shoot a victim. He complied but the gun did not go off.
In sentencing him to five years imprisonment with hard labour, the
court said:
‘’society demands that such a man should be kept out of
circulation for some time-the offence is a serious one………’’
Similarly, courts have taken very serious view of the offences which
injure or threaten the lives of citizens. In the case of R. v. Ozuloke
Suit No.HU/4/47/C/71 (High Court Umuahia, Unreported) where the
appellant met a little girl aged about eight years who was related to
him on a village road, he covered her eyes with his hand and stuffed
bread into her mouth to stop her crying out and took her into a bush,
he laid her out on the ground, stood on her hand, poured acid over her
body and cut off her left ear, he forced her eyes open and poured acid
into them. He later ran away leaving the little girl unconscious. A
twenty year jail sentence was considered adequate; the offence was
regarded as being most revolting. What could be more revolting than
the present state of widespread and indiscriminate possession of
firearms and the attendance wanton crimes of kidnapping, molestation,
killings, terrorism in all parts of the Country today.
Lastly the present prevalent state of armed criminality is direct
affront on the Constitution of the Federal Republic of Nigeria (CFRN)
1999 (as mended) and undermines her territorial integrity, national
unity and nationhood. Section 1 (3) of the Constitution of the Federal
Republic of Nigeria provides that
“The Federal Republic of Nigeria shall not be governed nor shall any
person or group of persons take control of the government of Nigeria
or any part thereof, except in accordance with the provisions of this
Constitution.”
The history of rebellion and revolution all over the world began with
proliferation of arms and unbridled state of crime associated with
such arms as in the present state.
The following are few recorded cases of these attacks which till now
are yet to be resolved in accordance with the laws.
AroundJune 2015: Fulani herdsmen attacked Motokun village, Patigi
Local Government Area, Kwara State. The Oro-Ago community in Ifelodun
Local Government Area of the state was also attacked. Fulani herdsmen
attacked Ninji and Ropp villages in Plateau State and killed 27
persons. Also, the same group reportedly murdered about 70 Christians.
In July 16, 2015: Fulani Herdsmen attack and killed farmers in
Plateau.
Then on September 2015: an attack by some Fulani herdsmen on the
community of Onitsha Ukwuani in Ndokwa West local government area of
Delta State left about three persons dead. A middle-aged woman was
raped and subsequently killed by three Fulani herdsmen in Edo state.
Around October 2, 2015: Fulani Herdsmen raped, killed Ogun Residents
and Farmers.
In November 2015: Herdsmen invaded Ulaja and Ojeh communities in
Dekina Local Government Area of Kogi State and killed about 22 men and
women.
The media reported too that on December 1, 2015: Fulani Herdsmen
killed a man in Ofagbe community, Isoko North council area of Delta
even as on January 24, 2016: Nigerian police DPO, 29 others killed by
suspected Fulani herdsmen.
Around February 2016: Fulani herdsmen reportedly killed About 10
persons in Tom-Anyiin, Tom-Ataan, Mbaya and Tombu in the Buruku Local
Government Area of the state just as on February 8, 2016: 10 killed,
Over 300 displaced in clash between herdsmen and farmers at
Tom-Anyiin, Tom-Ataan in Buruku LGA.
On February 11, 2016: Herdsmen attacked Abbi community in Uzo-Uwani
LGA, Enugu killing two siblings and burnt houses, motorcycles.
Again on February 29, 2016: Over 500 locals killed and 7000 displaced
in an attack in Agatu LGA by Fulani herdsmen then back to March 9,
2016: 8 residents killed during herdsmen attacks in Ngorukgan, Tse
Chia, Deghkia and Nhumbe, Logo LGA.
Around April 5, 2016: APC youth leader, Mr. Aondohemba Kasa and 3
others killed in fresh Fulani herdsmen, farmers’ clash in Benue and
same April 8, 2016: Fulani herdsmen kidnapped and killed Falae’s
security guard at his Ondo state farm then on April 12, 2016: Fulani
herdsmen attack Dori and Mesuma villages in Taraba, killing at least
15.
On April 19, 2016: A member of about 18 suspected Herdsmen that
invaded farms in Lagun village, Lagelu local council Oyo state, shot
Mr. Jimmy Aido tben on April 25, 2016: 48 killed, 60 injured by Fulani
herdsmen in Ukpabi Nimbo community, Enugu state.
Then came the report that gunmen killed 50 in Shiroro attack Published
by The Guardian 23 September 2015.
Among those killed in the Shiroro attack, suspected to have been
orchestrated by Fulani herdsmen, are the district head, his brother
and a police Inspector serving with the Alawa division.
Still in the same year, here are five gruesome Fulani herdsmen attacks
since January 2016 Published By PUNCH April 21, 2016 · Agatu
massacre: Ten communities were razed while no fewer than 500 lives
were lost; · Protest in Delta over alleged killings by Fulani
herdsmen: Twenty -five local government areas in Delta State grounded
activities on the Benin – Asaba Expressway. They reported that the
herdsmen allegedly killed over 23 persons. Interestingly , the police
recovered 20 AK -47 rifles , 70 dane guns, 30 double -barrel guns and
over 1 ,000 live ammunition , mostly from Fulani herdsmen during this
period; · Fulani herdsmen attack Oyo farmers: Farmers in Lagun
, Iyana Offa, Offa , Atagba, Lapata and their surrounding communities
in Lagelu Local Council Area of Ibadan , Oyo State , alleged that a
group of Fulani armed men attacked their communities at night, injured
a guard and carted away valuables ;· Fulani herdsmen kill 15
in Taraba: Fulani herdsmen attacked two villages in Gashaka Local
Government Area of the state on and killed 15 people; · Fulani
herdsmen kill five in Benue community: Five persons were killed on
Thursday night by Fulani herdsmen at Okokolo village in Agatu Local
Government Area of Benue State.
From Taraba state scores got killed as Fulani Herdsmen attack villages
Published by The Guardian 12 April 2016. The killing spree moved to
South West with the report that two were killed, six injured as
suspected Fulani herdsmen attack Ekiti community Published by The
Guardian 22 May 2016.
Then came the report that Boko Haram, Fulani herdsmen killed over
3,000 under Buhari Published By PUNCH May 28, 2016
The killing spree spread to the South East of Nigeria In April, 2016,
when at least 40 persons were also reportedly killed when suspected
herdsmen attacked Nimbo in Uzo -Uwani Local Government Area of Enugu
State.
About seven villages in Nimbo including Ugwuijoro, Ekwuru , Ebor ,
Umuome and Ugwuachara were among the areas attacked .
It was alleged that the assailants had attacked their victims for
refusing to allow the herdsmen use their farmland for grazing their
cattle.
In Southern Kaduna, twenty-one killed as fresh crisis erupts in
Southern Kaduna Published by Guardian 21 February 2017
Many houses have also been reportedly set ablaze in the incident,
which began on Sunday and lasted till yesterday afternoon.
Then again Suspected herdsmen kill village head, youth in Nasarawa
over fish pond Published by The Guardian21 March 2017.
The violence continued with Herdsmen attacks whereby ‘75 persons
were killed, 13,726 displaced in Plateau’ Published By PUNCH October
27, 2017 just as Herdsmen killed 20, burn houses in fresh Benue
attacks Published By PUNCH January 3, 2018 and no fewer than 50
persons have been killed in fresh attacks on Benue communities by
suspected Fulani herdsmen after they invaded parts of the Guma and
Logo Local Government Areas of the state on New Year’s Day .
Then Protests sprang up in Benue as herdsmen kill two Catholic
priests, 17 others inside church Published By PUNCH April 25, 2018
The deceased Rev Fathers were identified as Fr . Joseph Gor and Felix
Tyolaha . The Nigerian police made claims of hundreds of arrests and
recovery of thousands of sophisticated weapons from some of these
armed Fulani bandits but for four years not one killer has been
successfully charged and convicted thereby making Nigeria appear like
a failed state. This anomaly ought to be reversed immediately.
*Emmanuel Onwubiko heads Human Rights Writers Association of Nigeria
(HURIWA) and blogs @www.emmanuelonwubiko.com [1];
www.huriwa@blogspot.com [2]; www.thenigerianinsidernews.com [3]
Links:
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[1] http://www.emmanuelonwubiko.com/
[2] http://www.huriwa@blogspot.com/
[3] http://www.thenigerianinsidernews.com/