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; www
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