By Emmanuel Onwubiko
The universal symbol of justice is the statue of a very beautiful but blindfolded beauty queen wielding a sharp sword with which justice is dispensed to all irrespective of class, status or race.
The universal symbol of justice is the statue of a very beautiful but blindfolded beauty queen wielding a sharp sword with which justice is dispensed to all irrespective of class, status or race.
There is also a universal unanimity that justice must be
dispensed with timeliness since justice delayed is said to be justice denied.
In Nigeria however criminal and civil justice is slower than a
typical snail because of a number of reasons ranging from prosecutorial
bureaucratic bottlenecks created by professional incompetence of the police
which coordinates much of the prosecution of criminal cases and several other
extenuating factors including but certainly unlimited to outright corruption
and compromise on the part of the presiding judges.
Judicial corruption is therefore a hydra-headed monster that has
unleashed unwarranted delay in the dispensation of justice especially to the
poor and disadvantaged litigants.
Miss Cynthia Osokogu and the four undergraduates of University of Port Harcourt
(ALUU4) murdered by the villagers in Aluu ikwerre in
Rivers State on trumped up charges of theft have come to symbolize the most
abominable kind of delayed justice because these two cases have lingered for
almost four years without the killers being punished for these gruesome acts of
criminal depravity.
Miss Cynthia’s case is pathetic because she was lured into
her untimely but primitive death by her would-be business associates whom she
encountered via the social media of Facebook.
In Lagos and Port Harcourt the prosecution teams have through
their acts of professional incompetence have had to delay these trials to an
extent that most of the suspected killers are roaming the streets on
bails whilst the families of these persons killed have yet to have
closures of these unfortunate cases.
For instance the defense in the ongoing murder trial
of Cynthia Osokogu,
a postgraduate student of Nasarawa
State University, who was murdered at Cosmilla Hotel, FESTAC Town, Lagos, on July 22,
2012 allegedly by her Facebook friends: Okwumo Nwabufo, Olisaeloka Ezike, Orji Osita, and
Ezike Nonso, has only just closed their case yesterday
(Monday January 18th 2016) before a Lagos
High Court sitting at Igbosere after over three years of
commencement. The reports of what transpired in court were narrated below and
these are horrifying tales told by idiots.
The trial judge, Justice
Olabisi Akinlade fixed April 11, for mention for
filling of their written addresses on the case. The import of filing written
addresses is nothing but another slogan for laborious and grueling court
sessions meaning that give and take this matter may still linger for another
year before judgment which would then have to go through the rigors of Appeal
spanning the Court of Appeal and
the Supreme Court of Nigeria as of right contrary to what
obtains in other criminal jurisdictions whereby litigants need special
authorization from a higher judicial authority to only proceed on appeal based
on the merit of the questions to be posed on appeal.
*Cynthia Osokogu |
In Nigeria
appealing a judgment is used as a decoy for further delay of dispensation of
justice. To even think that typically an appeal filed by a junior lawyer before
the Supreme Court of Nigeria can take as much as two decades to be heard, it is
therefore heartrending that the rights of victims of crimes are so wantonly and
sadistically violated to no end. If this isn’t impunity what then is?
Specifically, in the matter involving the alleged killers of
Cynthia the defendants are facing a six-count charge bordering on felony,
conspiracy, robbery and murder, preferred against them by the state and in this
matter the Lagos State government whereby the second most powerful office
holder is a woman and the Chief Judge is also a woman.
The alleged offences contravened Sections 221, 249, 285 and 327
of the Criminal Laws of Lagos State, 2011.
At the resumption of the hearing of the matter before
adjournment, the fourth defendant,
Ezike Nonso, gave account of the role he played in the alleged
murder of Osokogu.
He said that he was arrested by Festac Area E Police Command when
he voluntarily went there to return the phone that he was alleged to have
stolen.
Why does it take donkey years for simple but serious criminal
cases to be resolved in Nigeria
and why is the administration of criminal justice such a cumbersome task
for the Nigerian law enforcement authority? Why has it remained a
convention for cases to last many years before the process of adjudication is
completed even when in 2015 Nigeria
got a comprehensively written administration of criminal justice Act? What then
is the essence of trial if the judicial system in Nigeria is twisted to perpetuate
the abuse of the rights of victims of crime?
From those who know, the word trial implies a judicial
examination and determination of facts and legal issues arising between parties
to a civil or criminal action.
In the free law dictionary we are told that in the United States ,
the trial is the principal method for resolving legal disputes that parties
cannot settle by themselves or through less formal methods.
The chief purpose of a trial, according to the author is to
secure fair and impartial administration of justice between the parties to the
action. A trial seeks to ascertain the truth of the matters in issue between
the parties and to apply the law to those matters. Also, a trial provides a
final legal determination of the dispute between the parties. So argues the
writer.
The two main types of trials are civil trials and criminal
trials. Civil trials resolve civil actions, which are brought to enforce,
redress, or protect private rights. In general, all types of actions other than
criminal actions are civil actions. In a criminal trial, a person charged with
a crime is found guilty or not guilty and sentenced. The government brings a
criminal action on behalf of the citizens to punish an infraction of criminal
laws.
The cornerstone of the legal system in the United States
is the jury trial. Many of the opinions of the U.S. Supreme Court, which set
forth the law of the land, are based on the issues and disputes raised in jury
trials. The jury trial method of resolving disputes is premised on the belief
that justice is best achieved by pitting the parties against each other as
adversaries, with each party advocating its own version of the truth. Under the
Adversary System, the jury, a group of citizens from the community, decides
which facts in dispute are true. A judge presides at the trial and determines
and applies the law. At the end of the trial, the judge will enter a judgment
that constitutes the decision of the court. The parties must adhere to the
judgment of the court. These facts are contained in a well written piece
captured in the website of www.legal-dictionary.thefreedictionary.com.
As an observer of legal issues from a broad range of criminal
jurisdictions around the globe it is pertinent to state that speed and
efficiency are the essential hallmark of trials. There is nowhere on this
planet earth whereby criminal trial takes so long to be resolved as is the case
in Nigeria whereby the judicial institution is in a big mess. It’s only in Nigeria that
prosecutors abuse their powers and receive financial gratification to frustrate
speedy and efficient dispensation of justice.
Unless and until litigants are assured of speedy trial the
regime of impunity that pervades the horizons in Nigeria may worsen and persons who
are aggrieved may resort to self help measures such as instigating physical
violence to settle scores. God forbid that Nigerians are allowed to degenerate
to this sorry state but as my Igbo usually say “a wise person goes for a black goat whilst it is still day break” so
we must make hay whilst the sun shines. Let’s stop degrading and
devaluing human life because human life is sacrosanct.
*Emmanuel Onwubiko is Head of Human Rights Writers Association ofNigeria .
*Emmanuel Onwubiko is Head of Human Rights Writers Association of
No comments:
Post a Comment