I just received the lovely news that Akintoye J. of the High Court of Lagos State yesterday delivered judgment in the case of The State v. Onuoha where the court convicted and sentenced the defendant to 16 years in imprisonment for the rape of a 14 year old girl. #SayNoToRape
I became acquainted with this case in my former law firm @Babalakinandco when we received the report of the rape incident several years ago and even though we didn't have the first right of prosecution, the firm diligently supported the good team from the Lagos State Ministry...
... of Justice and sent a lawyer from the firm to attend the proceedings every single day from the arraignment until the conviction yesterday. Kudos to Team B&C and in particular Martina Aguocha @LlilMizRed for her diligence and steadfastness.
Incidentally this is my second involvement with a rape case and the first continues to haunt me 10 years later. Hopefully I can now get some closure.
Sometime in 2010, as Head of ABSU Law Clinic I received a phone call that students were about to lynch a security man at a private students lodge, Divine Favour for defiling his niece who was less than 10 years old. They had already started beating him when I got the call.
To avoid an extrajudicial killing & its attendant repercussions I called the Law Clinicians who resided in the lodge to take over the situation, calm the students and report the case to the Police Station. They did exactly that and handled the situation creditably.
A few hours later, I returned to Uturu and then headed straight to the Police Station where I expected to meet the IPO and see the animal. Guess what? There was no IPO and no suspect. Why? There was no record of any such report. I was livid!
The Police had received an oral report and asked my guys to come back on Monday to make written statements. In the meantime they promised to detain the man pending investigations. Instead they released him and the man promptly sneaked out of the State & returned to Imo State.
Even as law students, we didn't give up easily as we wrote a Petition to the DPO in charge of the Isuikwuato Divisional Police and paid visits there even as the expense of our security as it had become our word against that of the Police officers on duty.
In the end the DPO believed us but gave us a Bill of what we must pay before they can send a team of Policemen to another State to effect the arrest of the man. That signaled the end of the story as despite our best efforts, we were unable to raise the funds.
The criminal justice system in Nigeria is still heavily titled in favour of rape suspects or defendants and against the victims. A lot still needs to be done and it is therefore gratifying to read reports of the very rare cases of successful prosecution of rape defendants.
This is a call to other law firms to devote a few hours a week to provide pro bono assistance to the overwhelmed Ministries of Justice in different States in their fight against rape. Kudos to those who are doing so already. If we are to #SayNoToRape all hands must be on deck.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
In recent times, I have been seeing tweets asking what became of the criminal trial involving Senator Orji Uzor Kalu, former Governor of Abia State, Senator representing Abia North Senatorial Zone and the Senate Chief Whip. Those tweets also piqued my interest and got me digging.
I present to you an intriguing case that raises several questions about the Nigerian criminal justice system. This is merely an informative or, if you like, educative thread and will not involve my personal views. Also, everything here is sourced from publicly available info.
About 16 years ago, precisely in the year 2007, the Federal Republic of Nigeria acting through the EFCC commenced criminal proceedings against Senator Orji Uzor Kalu; Ude Udeogu, former Director of Finance & Accounts; and Slok Nigeria Limited, a company belonging to Senator Kalu.
1. For decades, something critical has been missing in the justice delivery system in Nigeria - the lack of clarity regarding the jurisprudential or ideological leanings of our Justices, especially the Law Lords at the Supreme Court. In a way this shouldn't have been a surprise.
2. The best thing a country's justice system can offer the business community is legal certainty. It is secondary if court decisions are wrong, or wrath injustice. What is primary is that the legal community must be able to consistently prophesy with a reasonable degree ...
... of accuracy, what the courts of the country will do when presented with any given situation. One way to achieve that is by being able to decipher the ideological leanings of the Justices, especially of the policy court.
I will start this thread with a quote from a tweet by @OmoGbajaBiamila earlier today, “[d]emocracy guarantees your right to freedom of choice. However, that choice of yours is up for debate, questioning and critique by others, and that's another right guaranteed by democracy.”
The above has become necessary in view of the torrents of abuses that supporters of Mr. Peter Obi now routinely dish out to anyone who exercises a constitutional right to express an opinion against his candidature. These days, that's all it takes to become public enemy No. 1.
The abuses reached their zenith in the days ahead of the PDP presidential primaries before Peter Obi resigned his membership of the PDP. It got to the extent that Mr. Obi had to publicly censure his supporters and urged them to be of better conduct.
On 25 February 2022, President Muhammadu Buhari reluctantly assented to the new Electoral Act, 2022, but objected to Sec. 84(12) in the Act, and asked the National Assembly to re-consider it. On 9 March 2022, the National Assembly the National Assembly declined this request.
On 16 March 2022, the Hon Attorney General of the Federation while fielding questions from correspondents after the weekly FEC Meeting hinted that the FGN (Executive) is considering suing the National Assembly. On 18 March 2022, the Federal High Court struck down the section.
I have been in law practice for a few years now, at least since November 2012, I have not seen anything like this. In this thread, I will do my best to refrain from calling names but simply state things as they are. I will also not delve into the substance of the judgment.
Sometime in 2009 while serving as a Judge of the SUG High Court of Abia State University, Uturu I was appointed into a judicial panel of inquiry headed by my learned brother as he then was, Hon. Justice Ifeanyi Idika to investigate an act of alleged sabotage by Motorcycle Riders.
The background to this was that for years, Motorcycle riders in ABSU historically increased their fares during examination period to take advantage of students. So the SUG President devised a cerebral means to tackle this. He brought in competition by buying KEKE NAPEP tricycles.
I can't remember the exact figures but the tricycles were operating at half the regular fares that Motorcycles were going for. Something had to give. One morning the students woke up to the news that the KEKE NAPEPs had been grounded. How? Someone poured salts in their engines.
On my way to work today, while catching up on my myriads of unread WhatsApp messages, I decided to scan through the compilation of newspaper headlines and one caught my attention, "Senate mulls life imprisonment for kidnappers." I got confused 😕 What's the Senate's business?
I was confused because the last time I was taught Constitutional Law in school, I knew it was not within the legislative competence of the National Assembly to make law on crimes (except in specific cases) except for the FCT. So I decided to read at least 3 versions of the story.
It turns out that there is indeed a bill before the Senate sponsored by Senator Ibikunle Amosun which has already scaled 2nd reading. The bill seeks to introduce stiffer punishments & punitive measures to combat and prevent kidnapping or abduction in Nigeria.