BY EMMANUEL ONWUBIKO<\/p>\n
Since coming on board for the second time as head of state but as an
\nelected leader of Nigeria for the first time in the year 2015,
\npresident Muhammadu Buhari is yet to bring to justice suspected armed
\nFulani attackers responsible for killings of over six thousand rural
\nfarmers all across Nigeria.<\/p>\n
As the military leader in the mid-eighties, the then major general
\nMuhammadu Buhari garnered some high reputation as a no-nonsense
\ndisciplinarian seen as a patriotic Nigerian with a high propensity of
\nnationalistic desires to drive in sense into the minds of a lot of
\nNigerians then who exhibited scarce respect for the rule of law.<\/p>\n
However, since he was sworn in as elected president in 2015 and he has
\nalready served out his first term and has just been returned elected
\nand sworn in around May 2019 for the last constitutional term, the
\npresident is yet to ensure that suspected killers made up of armed
\nFulani herdsmen are arrested, prosecuted before competent courts of
\nlaw and punished for these grave crime against humanity.<\/p>\n
There are groundswells of perception that because the majority of
\nthese suspected armed Fulani killers of rural farmers belong to his
\nethno-religious affiliation, his government is not in any hurry to do
\nthe needful.<\/p>\n
Already, president Buhari has spent over 100 days after his second and
\nfinal swearing-in during which he held on to both the Holy Book of his
\nfaith and the supreme law of Nigeria known as the constitution of the
\nFederal Republic Of Nigeria of 1999, and swore under a binding oath to
\ndo right to all manner of people according to law, without fear, or
\nfavour, affection or ill-will, but the government has failed to bring
\njustice to thousands of victims of the numerous cases of killings
\ncarried out all around Nigeria by suspected armed Fulani herdsmen.<\/p>\n
Both the offices of inspector General of Police and the Attorney
\nGeneral of the Federation have failed in their constitutional
\nobligations to bring the culprits to book.<\/p>\n
I have taken a great deal of time to compile few records of these
\nattacks by suspected armed Fulani herdsmen since 2016 to 2018. Just as
\nI have opted to establish legally that it is obligatory on the
\npresident to ensure that the law is not a respecter of any killer.<\/p>\n
This is why the State has two tasks in which potential victims of
\nwrongdoing are likely to take an interest; first is to criminalize
\ncertain behaviors which wrong others, the second is to punish those
\nbehaviors. It fulfills only one part of the law when all a society has
\nis provision in a piece of document without complementary enforcement
\nof those provisions in defaulters or deviants.<\/p>\n
The FIRST legal basis and rationale for punishment of those crimes is
\nthat the law has provided for their punishment. It must be reiterated
\nthat the usual procedure for law passage involves the executive and
\nlegislative arm of governments, so much so that even in military
\nregimes, quasi legislative assembly or committees are constituted to
\nserve as the parliament to either formulate the set of rules that
\neventually decreed or in the least the embellish it with the
\nlegislative or legal jargons. The point is that at the violation of a
\nlaw, the organ of government with powers to adjudicate is the
\njudiciary.<\/p>\n
Another basis for which the crime of kidnapping and arm banditry must
\nbe punished is that they are not compoundable offences. A crime is
\ncompoundable when the victim of an offence which is personal to him
\naccepts settlement from the perpetrator in lieu of prosecution.
\nHowever the offences of kidnapping or abduction and armed banditry are
\nnot personal to the any particular victims. The whole society is a
\nvictim of kidnapping and armed banditry. They are offences which
\ndeal with the state of safety of the public and for which any member
\nof the society could be a victim either by virtue of social standing
\nin financial terms, or by virtue of mere membership of a particular
\ntribe or group or merely by being a believer or practitioner of a
\nparticular faith or religion. Again the manner of carrying out of
\nthese offences involves the use of fire arms which only the State has
\nprerogative over.<\/p>\n
Moreover it is someway compounding of offence to fail to prosecute and
\npunish kidnappers and arm bandits. _In the case of PML (NIG) LTD V.
\nFRN (2017) LPELR \u2013 43480 (SC), 39-44, PARAS. B-C_ the Supreme Court
\nshed light on the concepts of compounding of offence and compounding
\noffence in the following words:<\/p>\n
“Compounding a crime” is defined in the same Black’s Law Dictionary,
\n9th Ed., as follows<\/p>\n
The offense of either agreeing not to prosecute a crime that one knows
\nhas been committed or agreeing to hamper the prosecution.<\/p>\n
Compounding a crime is also “a criminal act in which a person agrees
\nnot to report the occurrence of a crime or not to prosecute a criminal
\noffender in exchange for money or other consideration”<\/p>\n
\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.<\/p>\n
The offense is complete when there is an agreement to either withhold
\nevidence of the crime, conceal it, or fail to prosecute it.<\/p>\n
“Compounding of offences” on the other hand, is an act on the part of
\nthe victim, who decides to pardon the offence committed by the accused
\nperson, and requests the Court to exonerate him. This does not mean
\nthat the offence has not been committed;\u201d<\/p>\n
In Ramesh Chandara v. A.P. Jhaveri [A.I.R.1973 SC 84] the Indian
\nSupreme Court made a profound statement which appears to shade light
\non the conspiracy of silence in the midst of the gruesome crimes and
\nstate of unrest in Nigeria today The Court held that an invisible
\npermission to compound a compoundable and non-compoundable offence is
\ntotally invalid.<\/p>\n
Prevalence of an offence is another reason for the need for stiffer
\nmeasures and sanctions to ensure deterrence. In the case of Onyilokwu
\nV The State (1981) 2 NCR 49 where the offender was initially detained
\nfor causing hurt, and later, he unsuccessfully tried to escape and was
\nadditionally charged with escaping from lawful custody. Although he
\nwas later discharged and acquitted, the court expressed the view that
\nthree years imprisonment earlier imposed on him did not show adequate
\nconsideration not only for his first offender status, but also , for
\nan offence which was not prevalent in the community. The rationale for
\nreconsidering the sentence gives a clear indication that a prevalent
\ncrime should not be treated with kid gloves if such a society must
\nsurvive the crime.<\/p>\n
In the case of Olanipekmi V The State (1979) 3 LRN 204 1979 (alias
\njunta manta), during a robbery, D the leader ordered one of his
\nfollowers to shoot a victim. He complied but the gun did not go off.
\nIn sentencing him to five years imprisonment with hard labour, the
\ncourt said:<\/p>\n
\u2018\u2019society demands that such a man should be kept out of
\ncirculation for some time-the offence is a serious one\u2026\u2026\u2026\u2019\u2019<\/p>\n
Similarly, courts have taken very serious view of the offences which
\ninjure or threaten the lives of citizens. In the case of R. v. Ozuloke
\nSuit No.HU\/4\/47\/C\/71 (High Court Umuahia, Unreported) where the
\nappellant met a little girl aged about eight years who was related to
\nhim on a village road, he covered her eyes with his hand and stuffed
\nbread into her mouth to stop her crying out and took her into a bush,
\nhe laid her out on the ground, stood on her hand, poured acid over her
\nbody and cut off her left ear, he forced her eyes open and poured acid
\ninto them. He later ran away leaving the little girl unconscious. A
\ntwenty year jail sentence was considered adequate; the offence was
\nregarded as being most revolting. What could be more revolting than
\nthe present state of widespread and indiscriminate possession of
\nfirearms and the attendance wanton crimes of kidnapping, molestation,
\nkillings, terrorism in all parts of the Country today.<\/p>\n
Lastly the present prevalent state of armed criminality is direct
\naffront on the Constitution of the Federal Republic of Nigeria (CFRN)
\n1999 (as mended) and undermines her territorial integrity, national
\nunity and nationhood. Section 1 (3) of the Constitution of the Federal
\nRepublic of Nigeria provides that<\/p>\n
\u201cThe Federal Republic of Nigeria shall not be governed nor shall any
\nperson or group of persons take control of the government of Nigeria
\nor any part thereof, except in accordance with the provisions of this
\nConstitution.\u201d<\/p>\n
The history of rebellion and revolution all over the world began with
\nproliferation of arms and unbridled state of crime associated with
\nsuch arms as in the present state.<\/p>\n
The following are few recorded cases of these attacks which till now
\nare yet to be resolved in accordance with the laws.<\/p>\n
AroundJune 2015: Fulani herdsmen attacked Motokun village, Patigi
\nLocal Government Area, Kwara State. The Oro-Ago community in Ifelodun
\nLocal Government Area of the state was also attacked. Fulani herdsmen
\nattacked Ninji and Ropp villages in Plateau State and killed 27
\npersons. Also, the same group reportedly murdered about 70 Christians.<\/p>\n
In July 16, 2015: Fulani Herdsmen attack and killed farmers in
\nPlateau.<\/p>\n
Then on September 2015: an attack by some Fulani herdsmen on the
\ncommunity of Onitsha Ukwuani in Ndokwa West local government area of
\nDelta State left about three persons dead. A middle-aged woman was
\nraped and subsequently killed by three Fulani herdsmen in Edo state.<\/p>\n
Around October 2, 2015: Fulani Herdsmen raped, killed Ogun Residents
\nand Farmers.<\/p>\n
In November 2015: Herdsmen invaded Ulaja and Ojeh communities in
\nDekina Local Government Area of Kogi State and killed about 22 men and
\nwomen.<\/p>\n
The media reported too that on December 1, 2015: Fulani Herdsmen
\nkilled a man in Ofagbe community, Isoko North council area of Delta
\neven as on January 24, 2016: Nigerian police DPO, 29 others killed by
\nsuspected Fulani herdsmen.<\/p>\n
Around February 2016: Fulani herdsmen reportedly killed About 10
\npersons in Tom-Anyiin, Tom-Ataan, Mbaya and Tombu in the Buruku Local
\nGovernment Area of the state just as on February 8, 2016: 10 killed,
\nOver 300 displaced in clash between herdsmen and farmers at
\nTom-Anyiin, Tom-Ataan in Buruku LGA.<\/p>\n
On February 11, 2016: Herdsmen attacked Abbi community in Uzo-Uwani
\nLGA, Enugu killing two siblings and burnt houses, motorcycles.<\/p>\n
Again on February 29, 2016: Over 500 locals killed and 7000 displaced
\nin an attack in Agatu LGA by Fulani herdsmen then back to March 9,
\n2016: 8 residents killed during herdsmen attacks in Ngorukgan, Tse
\nChia, Deghkia and Nhumbe, Logo LGA.<\/p>\n
Around April 5, 2016: APC youth leader, Mr. Aondohemba Kasa and 3
\nothers killed in fresh Fulani herdsmen, farmers\u2019 clash in Benue and
\nsame April 8, 2016: Fulani herdsmen kidnapped and killed Falae\u2019s
\nsecurity guard at his Ondo state farm then on April 12, 2016: Fulani
\nherdsmen attack Dori and Mesuma villages in Taraba, killing at least
\n15.<\/p>\n
On April 19, 2016: A member of about 18 suspected Herdsmen that
\ninvaded farms in Lagun village, Lagelu local council Oyo state, shot
\nMr. Jimmy Aido tben on April 25, 2016: 48 killed, 60 injured by Fulani
\nherdsmen in Ukpabi Nimbo community, Enugu state.<\/p>\n
Then came the report that gunmen killed 50 in Shiroro attack Published
\nby The Guardian 23 September 2015.<\/p>\n
Among those killed in the Shiroro attack, suspected to have been
\norchestrated by Fulani herdsmen, are the district head, his brother
\nand a police Inspector serving with the Alawa division.<\/p>\n
Still in the same year, here are five gruesome Fulani herdsmen attacks
\nsince January 2016 Published By PUNCH April 21, 2016 \u00b7 Agatu
\nmassacre: Ten communities were razed while no fewer than 500 lives
\nwere lost; \u00b7 Protest in Delta over alleged killings by Fulani
\nherdsmen: Twenty -five local government areas in Delta State grounded
\nactivities on the Benin – Asaba Expressway. They reported that the
\nherdsmen allegedly killed over 23 persons. Interestingly , the police
\nrecovered 20 AK -47 rifles , 70 dane guns, 30 double -barrel guns and
\nover 1 ,000 live ammunition , mostly from Fulani herdsmen during this
\nperiod; \u00b7 Fulani herdsmen attack Oyo farmers: Farmers in Lagun
\n, Iyana Offa, Offa , Atagba, Lapata and their surrounding communities
\nin Lagelu Local Council Area of Ibadan , Oyo State , alleged that a
\ngroup of Fulani armed men attacked their communities at night, injured
\na guard and carted away valuables ;\u00b7 Fulani herdsmen kill 15
\nin Taraba: Fulani herdsmen attacked two villages in Gashaka Local
\nGovernment Area of the state on and killed 15 people; \u00b7 Fulani
\nherdsmen kill five in Benue community: Five persons were killed on
\nThursday night by Fulani herdsmen at Okokolo village in Agatu Local
\nGovernment Area of Benue State.<\/p>\n
From Taraba state scores got killed as Fulani Herdsmen attack villages
\nPublished by The Guardian 12 April 2016. The killing spree moved to
\nSouth West with the report that two were killed, six injured as
\nsuspected Fulani herdsmen attack Ekiti community Published by The
\nGuardian 22 May 2016.<\/p>\n
Then came the report that Boko Haram, Fulani herdsmen killed over
\n3,000 under Buhari Published By PUNCH May 28, 2016<\/p>\n
The killing spree spread to the South East of Nigeria In April, 2016,
\nwhen at least 40 persons were also reportedly killed when suspected
\nherdsmen attacked Nimbo in Uzo -Uwani Local Government Area of Enugu
\nState.<\/p>\n
About seven villages in Nimbo including Ugwuijoro, Ekwuru , Ebor ,
\nUmuome and Ugwuachara were among the areas attacked .<\/p>\n
It was alleged that the assailants had attacked their victims for
\nrefusing to allow the herdsmen use their farmland for grazing their
\ncattle.<\/p>\n
In Southern Kaduna, twenty-one killed as fresh crisis erupts in
\nSouthern Kaduna Published by Guardian 21 February 2017<\/p>\n
Many houses have also been reportedly set ablaze in the incident,
\nwhich began on Sunday and lasted till yesterday afternoon.<\/p>\n
Then again Suspected herdsmen kill village head, youth in Nasarawa
\nover fish pond Published by The Guardian21 March 2017.<\/p>\n
The violence continued with Herdsmen attacks whereby \u201875 persons
\nwere killed, 13,726 displaced in Plateau\u2019 Published By PUNCH October
\n27, 2017 just as Herdsmen killed 20, burn houses in fresh Benue
\nattacks Published By PUNCH January 3, 2018 and no fewer than 50
\npersons have been killed in fresh attacks on Benue communities by
\nsuspected Fulani herdsmen after they invaded parts of the Guma and
\nLogo Local Government Areas of the state on New Year\u2019s Day .<\/p>\n
Then Protests sprang up in Benue as herdsmen kill two Catholic
\npriests, 17 others inside church Published By PUNCH April 25, 2018<\/p>\n
The deceased Rev Fathers were identified as Fr . Joseph Gor and Felix
\nTyolaha . The Nigerian police made claims of hundreds of arrests and
\nrecovery of thousands of sophisticated weapons from some of these
\narmed Fulani bandits but for four years not one killer has been
\nsuccessfully charged and convicted thereby making Nigeria appear like
\na failed state. This anomaly ought to be reversed immediately.<\/p>\n
*Emmanuel Onwubiko heads Human Rights Writers Association of Nigeria
\n(HURIWA) and blogs @www.emmanuelonwubiko.com [1];
\nwww.huriwa@blogspot.com [2]; www.thenigerianinsidernews.com [3]<\/p>\n
Links:
\n——
\n[1] http:\/\/www.emmanuelonwubiko.com\/
\n[2] http:\/\/www.huriwa@blogspot.com\/
\n[3] http:\/\/www.thenigerianinsidernews.com\/<\/p>\n","protected":false},"excerpt":{"rendered":"
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,…<\/p>\n","protected":false},"author":1,"featured_media":69921,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[7],"tags":[],"class_list":["post-69919","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles-opinions"],"yoast_head":"\n