Few days
back as the story broke out from Asia that two unfortunate Nigerians were about
to be tied to the stakes and killed following their reported convictions for
drugs related crimes, something inside of me reminded me of the story of a
helpless child whose fish was stolen by a giant looking man and upon reporting
to his small framed looking Dad nothing much was done by way of retrieving the
stolen fish since obviously anything to the contrary would have been suicidal
given that the little boy's father is so frail and weak that the energetic man
may crush him should he make any move to seek redress for his disaffected
child.
Why do I
use this allegory of a victimized child whose father couldn't help because of
his physical frame even when I am completely in tune with the Igbo proverb that
says that he who chases a small chicken will always fall while the chicken
disappears? Simply put, when I read the story of how Brazil and Netherlands
battled through diplomatic channels to save the lives of their nationals but
who were eventually killed by the Indonesian government for similar hard drugs
related convictions, I reflected on the existential situation facing Nigeria
our dear Motherland in which armed terrorists have in the last three years
threatened to destroy our nation from the face of the earth.
Now here
is the catch 50/50 situation- If Nigeria through her armed forces have yet
to save the nation from the vicious attacks of die hard terrorists how do we
expect this same country to spare time and energy diplomatically to seek to
overturn these range of harsh punishments meted out to these less fortunate
Nigerians in far away Indonesia? I indeed wept for these unfortunate Nigerians
who when they are caught for being in conflict with the laws of their host and
usually hostile nations far away from the Black continent of Africa are usually
maltreated by those nations' judicial mechanisms and worse still the diplomatic
offices of Nigeria in those countries are usually found wanting as they are
often accused of doing little to offer consular legal assistance to these
distressed Nigerians who most often are made to pass through the rigor of
unfavorable trials conducted in some foreign languages without those
judicial institutions allowing those Nigerians the universally protected right
to fair hearing.
This same
story of these two Nigerians killed in Indonesia for drugs related offences is
happening about the same time that the Nigerian political scenes are dominated
by two hard drugs related issues one of which concerns the person of the
Presidential candidate of the opposition All Progressives Congress Major
General Muhammad Buhari [rtd] who during his brutal military dictatorship
in the early 1980's was known to have executed some three young Nigerians
for drugs related offences and that particular matter attracted international
opprobrium because the trial of those three Nigerians were unjust even as the
punishment was retroactively made to be applied using draconian military
decrees. The ruling Peoples Democratic Party [PDP] has cashed in on this evil
history to castigate their opponent in the February
14th 2015 Presidential poll as a person not fit and proper to call himself a
democrat since his military junta executed some Nigerians for drugs related
offences and that the punishment was retroactive and therefore illegal.
The
second related national conversation is also around the controversy surrounding
the failure of the Federal Government to extradite a chieftain of the Peoples
Democratic Party allegedly wanted in the United States over reported hard drugs
related offences for which some persons were convicted some time ago. Mr.
Kashimu Buruji who is an associate of the current hierarchy of the ruling party
has however denied this allegations and has indeed headed to court to stop any
move by the Nigerian Government to deport him to the United States should there
be any request for extradition from the States justice department in the United
States of America. The erstwhile President of Nigeria Chief Olusegun Obasanjo
has made a heavy weather of criticizing the President Dr Good Luck Jonathan for
allegedly dining with an alleged fugitive from the United States legal system
just as he the former President is reportedly in deep division with his
political party over the decision of the national secretariat of the Peoples Democratic
Party to make this same man allegedly wanted over drugs related offences in the
United States as the leading figure in the South West which is home to the
former President.
Whilst my
major discussion is not about the political heavyweight allegedly indicted for
drugs related offences nor is this piece being written to highlight the human
rights dimension about the death penalty for drugs related offences especially
as it was executed by the then dictator General Buhari but I am basically
concerned about the far reaching damage that the involvement of most Nigerian
youth on drug offences around the World has done to our country.
It is
clear that more than two hundred Nigerian youth are languishing in different
prisons all over the World even as many more are facing the imminent prospects
of being killed by firing squads for these alleged drugs related offences. Most
of these trials can not be said to have reached the threshold of global best
practices.
Sadly,
Nigeria has had a long history of controversy involving top government
officials and some drugs kingpins. Many years after Nigeria set up the National
drugs law enforcement agency [NDLEA] but yet Nigeria is still battling with
what to do about stopping the large scale involvement of Nigerian youth in
drugs related offences all over the World. Nigeria is said to be a transit
route for drugs but Nigerians are reportedly not known as a notorious
consumers of these hard drugs but the emergence of many armed terrorists in the
North East of Nigeria has seriously questioned this conclusion that Nigeria is
not the final destination of hard drugs or that Nigerians are not some of the
highest consumers of hard drugs. The fact that series of genocidal killings of
even women in labor have taken place masterminded by these armed Islamists
shows that hard drugs are major issues stoking the fire of terrorism in Nigeria
and the earlier Nigerians begin serious national conversations around the
issues of hard drugs and what to do about stopping the tide the better. Before
concluding let us once more recall the story of these two Nigerians now already
executed in Indonesia over drugs related offences and what the other nations
did to save their own citizens.
Media
report has it that Brazil and the Netherlands recalled their ambassadors from
Indonesia and expressed fury after Jakarta defied their pleas and
executed two of their citizens along with four other drug offenders.
The other
convicts that faced a firing squad were from Vietnam, Malawi, Nigeria and
Indonesia. The six were the first people executed under new President Joko
Widodo.
Recalling
that Indonesia has tough anti-drugs laws and Widodo, who took office in
October, has disappointed rights activists by voicing support for capital
punishment despite his image as a reformist the story writer also stated that
the head of government of Indonesia has severally defended the
executions, saying drugs ruin lives.
A
spokesman for Brazilian President Dilma Roussef said she was “distressed and
outraged” after Indonesia ignored her last-ditch pleas and put to death Marco
Archer Cardoso Moreira, who was convicted of smuggling cocaine into Indonesia
in 2004.
“Using
the death penalty, which is increasingly rejected by the international
community, seriously affects relations between our countries,” the spokesman
said in a statement.
The
Brazilian ambassador to Jakarta was being recalled for consultations, the
spokesman added.
Meanwhile
Dutch Foreign Minister Bert Koenders said the Netherlands had also recalled its
ambassador over the execution of Dutchman Ang Kiem Soei, and in a statement
described all six deaths as “terribly sad”.
“My heart
goes out to their families, for whom this marks a dramatic end to years of
uncertainty,” Koenders said. “The Netherlands remains opposed to the death
penalty.”
Dutch
King Willem-Alexander and Prime Minister Mark Rutte had been in contact with
the Indonesian president about the matter, he said, and the government had done
“all in its power” to try to halt the execution.
But the
Indonesian government said they followed the rule of law. The President Mr
Widodo defended the death penalty in a Facebook post.
“The war
against the drug mafia should not be half-hearted measures, because drugs have
really ruined the good life of the drug users and their families,” he said.
“There is
no happiness in life to be gained from drug abuse. The country must be present
and fight with drug syndicates head-on,” he added.
Media
reported that all the prisoners, who had been sentenced to death between 2000
and 2011, were executed shortly after midnight, the
attorney general’s office said.
The
53-year-old Brazilian, who was caught with drugs stashed in the frame of his
paraglider at Jakarta airport, and the 62-year-old Dutchman were executed on
Nusakambangan Island, home to a high-security prison, off the main island of
Java.
A
Nigerian, Daniel Enemuo; Namaona Denis, from Malawi; and an Indonesian woman,
Rani Andriani, were executed at the same location.
The sixth
convict, Vietnamese woman Tran Thi Bich Hanh, was executed in the Boyolali
district in central Java.
They were
all caught attempting to smuggle narcotics apart from the Dutchman, who was
sentenced to death for operating a huge factory producing the drug ecstasy.
All had
their appeals to the president for clemency rejected last month.
Jakarta
had an unofficial moratorium on executions for several years from 2008 but
resumed capital punishment again in 2013. There were no executions last year.
Widodo,
known as Jokowi, has in the opinion of media analysts taken a particularly hard
line towards people on death row for narcotics offences, insisting they will
not receive a presidential pardon since Indonesia is facing an “emergency” over
drug use.
Following Sunday’s executions, the number of people on death row for
drugs-related offences stood at 60, around half of whom are foreigners, said a
spokesman for the national narcotics agency.
Widodo’s
tough stance has sparked concern for other foreigners sentenced to death,
particularly two Australians who were part of the “Bali Nine” group caught
trying to smuggle heroin out of Indonesia in 2005.
One of
the pair, Myuran Sukumaran, also had his clemency appeal rejected last month
but authorities say he will be executed with fellow Australian Andrew Chan as
they committed their crime together.
Chan is
still awaiting the outcome of his clemency appeal.
Also on
death row is British grandmother Lindsay Sandiford. She was sentenced to death
in 2013 after being caught trying to smuggle cocaine into Bali.
Nigerian
government must take closer look at what to do about this scandalous
involvement of Nigerian youth in drugs offences. First and foremost the Federal
Ministry of foreign Affairs must as a constitutional obligation ensure that
wherever and whenever any Nigerian is taken to court in foreign jurisdictions
that those Nigerians are accorded fair hearing and must be represented by
competent legal consultants. The Universal Declarations of human rights makes
provision for fair hearing for all persons. Secondly the Federal and state
ministries of information and communication must deploy resources to enlighten
Nigerians on the futility and risks involved in getting involved in drugs
related crimes. Back home the relevant agencies that are set up to battle drugs
offences must change their strategies and seek for better ways of keeping the
Nigerian youth away from hard drugs. The relevant legislations against drugs
trafficking and consumption must be strengthened by the National Assembly and
drug offences must not be glamourized the way we currently do because most
times when persons are caught for these obviously serious crime the tendency is
for most Nigerians to show some sympathy because of the harsh living conditions
of most Nigerians as if to say going into drugs related crimes are tolerable
means of escaping the chains of poverty afflicting nearly eighty percent of
Nigerians. Let the national law against hard drugs be made very strong so
convicted felons caught with drugs are made to forfeit all the claims and
benefits accrued from drugs related crimes and spend quality time in prisons to
undergo reforms and reorientations. The Nigerian government must show good
example by distancing the office of the President or governor or indeed the
political structures governing the Federal or state governments from any
person remotely connected or even accused of drugs related offences until
that person purged himself or herself of such allegations. The danger in
the Nigerian Government not moving against alleged drugs fugitives is that most
youth in Nigeria will see involvement in drugs as tolerable. The national
hierarchy of NDLEA must be reorganized and the funding mechanism of that body
must be revitalized to make it financially strong to engage in this
serious battle against hard drugs. Hard drugs ruin the future of the youth and
also exposes this nation to the attacks of vicious violent elements such
as terrorists and anarchists. Nigerians please come let us reason
together and tackle our drugs related challenges because the extensive damage
that hard drugs have done to Nigeria and Nigerians may take ages to rectify.
+Emmanuel Onwubiko is head of Human
Rights Writers Association of Nigeria and blogs @ www.huriwa.blogspot.com, www.huriwa.org,www.rightsassociationngr.com.
20/01/2015.