Nigerian Prisons Congestion : our collective complicity
May 29, 2008 by 
Che Oyimnatumba · Leave a Comment
I have read some interesting opinions on the need to decongest Nigerian Prisons. What all these have in common, is the cry for ATM (Awaiting Trial Inmates) to be speedily sentenced or pronounced innocent and allowed to be reintegrated into the civil society.
As honourable as these calls are, I have not read any thought on what is responsible for the overflowing of ATM. In a bid to get to the root of the matter, I examined the Nigerian Penal codes and administration of reforms/Prison. The interpretation of Nigerian Penal codes, is inquisitorial and you are left to prove your innocence instead of the state to prove your guilt.
A criminal matter commences at the Police station, when a bitter citizen zooms into the station to complain about an abuse of her/his right which often is a figment of the complainant’s imagination and a desire to use the police “to show” his neighbor pepper. As most Nigerians know, every breach of civil right has both civil and criminal element. The celebrated case of OJ Simpson is a clear example. OJ Simpson was found innocent of Murder (criminal) but guilty on the civil charges.
Back to Nigeria, where the police are often used as a weapon of intimidation in a purely civil matter.
The Nigerian Police will rather grant bail to an unrepresented criminal who meets the bail “condition” than to a petty suspect who has a lawyer. Once a charge and bail lawyers,(forget the derogatory mischievous interpretation, all lawyers are) indicates interest in any matter at the police station, all manner of out of the book tricks will be plaid to cajole the suspect to debrief the lawyer and meet the Police demands. In Imo State Police Command’s State Criminal Investigation Department (SCID) the standing fee is minimum of N10,000:00 (Ten Thousand Naira ) once you step in whether you are innocent or not. It’s applicable across the federation but not as brazen as the bazaar in Imo State, right in front of the government house. Bail is not free in any Nigerian Police station, despite the posters decorating the filthy police walls.
In a bid to be “constitutional abiding” the Nigerian Police arraigns the suspect as over right case and should the suspect have a lawyer, the first judicial huddle of delay have being erected. The police prosecutor vehemently opposes bail and the Magistrate working for the state and on the enormous believes that you are guilty till you can proof your innocence, remands the suspect in prison custody. The police like Pilate hands off and claim that it’s the court that remanded the suspect.
The “smart lawyer” feeling that his ego has been dented start filing all sorts of motion papers and enforcement of fundamental human right procedure. The police re-echo their won-out excuse “We are investigating “The suspect is a Man/Woman of means and will interfere with the course of investigation”. If the Judge/ Magistrate is proactive and a judicial activist, this is the point at which to halt the spiral move towards the endless waiting list of ATM. But need I to remind you that a good percentage of Nigerian Judges are hard core conservatives.
If police haven’t finished investigation, why charge the accused? At the police station most matters they waste tax payers’ money on, are not worth the trouble. The warring parties can be pacified and the interest of the state protected ie. Peace in the neighbourhood and restraining of citizens from taking the law into their hands. Laziness and low motivation have made most police officers mere desk top investigators. Except for high profile cases, Nigerian Police hardly visit the scene of crime. As a result they dock a suspect, oppose his bail application remand him in prison, only for the Court to throw out the matter after 10years for want of evidence, lack of diligent prosecution.
I believe that most criminal matters that end up in Court (C.O.P V Citizen XYX) ought not to get there if lawyers understand that, peaceful resolution of a matter without citing Order this Rule that, is also legal practice. A minister in the temple of justice can officiate perfectly without ferry sermon of hell (Nigerian prison). But parroting Latin Maxims that may not fit into the situation, a simple matter sorry can resolve, is egged on by lawyers to end in litigation.
Apart from this lawyer/police complicity, there is institutionalized complicity. In 1976, the Legal Aid was created, empowered by Legal Aid Decree No. 56. More than 30 years down the drain, this arm of the judiciary, is most underfunded both financially and in terms of manpower. Most seekers of justice know next to nothing about Legal Aid and cannot locate their office(s).
A careful financial study of the inmates will show that most of them are there because they cannot afford a lawyer or pay the fine imposed by the court. All these judicial NGOs, should engage the government to arm the Legal Aid scheme and lawyers should be encouraged to do pro bono services on regular basis. NYSC lawyers should be massively posted to Legal Aid offices across the country, most particularly to the rural areas. The level of ignorance of knowledge of fundamental/constitutional rights in the rural area, even among the urban poor, will shock all those championing prison decongestion campaign. There is need for massive enlightenment campaign beyond these cosmetic appeals to the pocket of foreign donors.
In fact any applicant for SAN must show track record of free legal service to indigent Nigerians. I am
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Okoro never still find Wife
Anyone from the East-side will understand where this will led us to sooner; also those from the West-side will get the hump because, they are always on the case.
Some years back while serving the great country as a corp member, travelling up North as the Okoro boy from the East was not the only experience but many that will follow in the course of one year on the Nigeria intergration. We were asked a lot of questions based on certain prejudices and bias about every Okoro man about. One that resonates is ‘ why is it that Okoro men do not marry early?’. As though it was not enough they will proceed to give their own answers. Oh! Is it because they will want to build house and buy cars first, abi na the high bride price (?)!
Those questions have remained unanswered because those that ask already have answers so why bother to answer. However, every Okoro man knows his reason, like a trade secret. Whatever be the real reasons for late marriage amongst Okoro men, we are still searching for answers and will make it public soon.
However, a post caught my attention that actually prompted this follow up. My Pen and My Paper’s No be by force to marry o have been able to bring to the core somewhat the fear of the Okoro man. As you are well aware, he is proud and percieved to be arrogant by others. I will bet my keyboard and mouse if that man in that wedding is an Okoro man. Okoro cannot say this…
….Special thanks to my friends who brought food from their homes to help me feed you all. Please for those who were served food good luck and for Those who didn’t get any, well we will make it up to you during our child dedication… etc
Since Okoro cannot do a community supported wedding project because he is too big for it; he is marching on with the slogan that ‘wife material no dey market’ hence, him never still find wife.
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PDP: a must join party (?)
May 28, 2008 by Che Oyimnatumba · 1 Comment
Finally, the birds have come to roost. The result from Sokoto has sneaked in and PDP has been confirmed the undisputed political heavy weight party in Nigeria. Other political parties made a bearable gain. This is the crowning of one party state and any wise politician, should join PDP, wait for his turn and “win” election. Soon, PDP party card will be as rare as a virgin in a maternity ward. The gains by other political parties, is a disgrace, going by the campaign against PDP’s candidate in Sokoto.
After the court of Appeal nullified the election and ordered a re-run, many political analysts took to the air to interpret the judgment. Some contended that Wamakko having illegally migrated to PDP from ANPP, he is unfit and it will be a judicial hara-kiri for the election to go on and Wamakko on the ticket of PDP. The president, who has been parroting rule of law, went on full swing campaigning and mobilising for the by-election.
While Yar’Adua was using state funds to junket around, the opposition parties were busy turning to paper tigers. Baring their venom less fangs on AIT and pages of the newspaper, they failed to mobilise the people to vote against PDP. Even those who wanted to vote for these fair-weather opposition parties, do not see any variation in the manifestos of these parties from that of PDP. Before the tsunami of Sokoto and Bayelsa, it was Kogi where the tact team of ANPP and AC could not undo PDP and disgracefully Adamawa, were Atiku Abubakar could not win his local government.
The opposition parties/political right NGOs, should stop causing NEPA and light a candle. There is no organisation on ground to effectively challenge PDP. What we have on ground is a group of disgruntled and excluded ex-PDP men, masquerading as opposition. How are these riggings done? The opposition should stop shouting and become scientific and pin-point how PDP rigged these by-elections.
Nigerians are tired of the impotent boast by the opposition and have taken their faith to God, after all the General Overseer of Redeem Christian Church; Pastor Enoch Adeboye has visited Yar’Adua. Do the opposition need the devil to interpret Romans 12 Vs. 1-10 and that Nigerians are more Catholic than the Pope when it comes to being dogmatic about the teachings of the sons of (I-A)braham? The opposition should know that once a taboo is a year old, it becomes custom.
It’s one year seen the rudderless Yar’Adua administration has been at sea and the opposition cannot muster enough courage to proffer alternative. It is not only a wasted year under Yar’Adua, it is also a lost year for the opposition. There has been a lot of opportunity to engage Yar’Adua. One is the Hon. Patricia Eteh saga, another is the Prof. Adenike Grange, yet another is the Soludo case. Even the ignoble manner the new EFCC chair was appointed without first recourse to the National Assembly. What about the comatose power sector? Under OBJ, there was low shedding but under Yar’Adua, Nigeria is in total eclipse.
The hydra-headed Niger Delta that has remained a sore on our national face; what is the opposition’s alternative to PDP’s militarisation of the Niger Delta? That the VP is from Niger Delta and yet cannot calm his renegade brothers is enough to ask him to relinquish power. But because the opposition is as rudderless as PDP, the boys in the creek are asking Jimmy Carter to mediate. Isn’t this a slap on the face of the opposition?
A fine battle cry, is the 40 billion Naira voted for the importation of rice when the agricultural sector is lying fallow. There are bountiful grounds for the opposition to make this government/PDP unpopular and clinch power come 2011. Nigerians want the opposition to engage the Yar’Adua administration on how she has performed so far. Have the seven points agenda been met? What are the seven points agenda? What are the oppositions’ alternative? How can the opposition give us uninterrupted power? Whether it was OBJ that brought us into this quagmire of bad roads; no more lands in F.C.T, nor not, the fact that seems lost on the opposition, is that OBJ’s administration was a PDP government.
People should see through Yar’Adaua’s crocodile tears about the rot and loot in the power sector. It was PDP that ruined us. For a seriously minded political party, campaign for next election begins at the end of the present election. The political education of Nigerian electorates is poor. The opposition that rode on the anti-Obasanjo feelings should galvanise same into anti-PDP movement. The opposition should start now to merge, over haul themselves, do a face lift, educate Nigerians and offer themselves to Nigerians as the bride to enter into come next election by 2011.
PDP is planning for the next 60 years and most “opposition parties” are yet to organise a convention, how much more fine tune strategies to win. While plotting towards 2011, they should put PDP on her toes by proffering alternatives to the non-working policies of this administration. If the opposition is serious, they should jettison these cries over the massive judicial rigging by PDP and start planning towards 2011.
It is obvious that the hanging judgments at the Court of Appeal will still favour PDP. If no other party have won a re-run/by-election, what is the guarantee that if a new by-election is ordered that the opposition will win? Oshiomhole and Mimiko, may be conceded to give credence to the judicial charade going on. With Buhari being a political orphan, don’t expect the Supreme Court to order fresh election that will be a waste of tax payers’ money, as PDP will still win.
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University Fundraising: the Nigeria case
It may not yet be uhuru for the cat and mouse game between the errant former collegues at the Ivory tower now Lords in NUC (National University Commission) and their remnant aluta comrades in ASUU (Academic Staff Union of Universities) over the way and manner their current foes at FME (Federal Ministry of Education) should proceed with resolving the lingering autonomy and funding issues in the Nigerian Universities and allied educational establishments.
As long as NUC and ASUU cannot get their acts together to compel FG and FME to grant full autonomy to the Universities in Nigeria to enable them access funds from businesses and corporations without unduly charging the already impoverished and over-stretched studentry; the standard or education and quality of graduates from Nigerian universities will remain what the CBN Governor, Professor Chukwuma Soludo observed as poor and unemployable.
There are many options open to universites to raise funds to support academic and research work without charging extra tuition on the students. This should be made clear to allay the fears of the anti-autonomy protagonist.
The best practice the world over sees universities going all out to solicit for funds from their formal wealth student and friends of the university without unduly dishing out honourary degrees; a case in point is the latest drive by Cambridge university as reported by Education Guardian that
Cambridge University is well ahead of the pack in fundraising already. In 2001, it started a campaign to raise £1bn by 2012 from wealthy benefactors and former students - by whom it is disproportionately blessed. The report went further to state that as at July 31st last year £663M have been raised.
It is no doubt that most Nigerian Universities are equally blessed with such wealthy benefactors and former students that can help fund research and endow professorial chairs in Nigerian universities and research centres.
In the case of the UK, government is encouraging all universities “to do more to raise funds from private donations, or endowments” to enable them meet their funding needs.
In Nigeria, the case remains unclear the direction or strategy of FME and its supervisory organ (NUC) on how the universities can best be funded; to help lift the already ‘failed state’ of the Nigerian Universities.
No doubt most companies and organisations have shown a lot of responsibilities corporately towards supporting the Universities, much still needs to be done; because in the end, these companies and organisations will pick up the garbage that the underfunded universities are throwing out as employees. It is therefore imperative that these organisations and companies invest today in their tommorrows’ destined employees.
Another way forward is for the FG and FME to muster enough political will and be truthful in their dealing with ASUU towards resolving all the lingering problems in their over 15 years marathon and unending negotiations.
Although, the issues raised above may sound simplistic, the managers of the education sector in Nigeria will always have another view of complexity; coupled with the lack of continuty in programmes and policy between succeeding governments.
The big issues here therefore, are; what is different from the Nigerian case and that of the UK and other places (?) Are there no corporately responsible companies in Nigeria (?) Are we lacking of wealth benefactors and formal students OR Are the universities not blessed with them (?)These questions are begging for our answers for a start. What is your take?
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Tribute to Sunny Okosuns
May 26, 2008 by OCI · 3 Comments
It is the sad truth, the Ozidi king is no more!
The last time, the rumours milled, he personally refuted it; this time i refused to be drawn into it just like the recent Ohakim London gaffe and the late Owelle’s death headlines of the 90’s. Unfortunately, the King died!, indeed.
Evangelist Sonny Okosuns will be remembered by many for his freedom tainted music of the apartheid era and pre-democracy Nigeria of the 70’s-90’s; having succeded with the freedom fight he answered the call to preach the gospel to the ends of the earth which he obeyed till his passing.
We in Which Way Nigeria will remember him for the wonderful question he asked Nigeria in his Which Way Nigeria (?) song. Sadly, we are still asking the same question today, many decades after.
Though, Nigeria in his time could not answer the question to his satisfaction; we are optimistic in Which Way Nigeria that as we talk, walk and involve ourselves in no time we will be able to not only find the way but build and establish the Nigeria of every patriotic Nigerians dream.
Adieu Evangelist Sunny Okosuns!
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University of Ibadan Celebrates 60yrs
May 25, 2008 by Che Oyimnatumba · Comments Off
This year 2008, Nigeria’s quest for inclusion into the league of the intelligentsia is 60 years old. In 1948, the University College Ibadan was born and consequently other universities took root. With the manner and means every rich man, church and organisations are getting licence to open a university, even the Nigerian University Commission cannot ascertain the number of degree awarding institutions in Nigeria. Despite this multiplicity of Nigerian universities, the quality of graduates produced is a sad story. Prof. Charles Soludo (Governor of CBN) said that 70% of Nigerian graduates are unemployable.
A good number of companies in Nigeria will rather employ a Diploma holder from Germany than a Nigerian groomed PHD holder in engineering. Same applies to other fields. A good number of corporations in Nigeria have at their top echelon Nigerians with foreign degrees. Their argument being that it is expensive to retrain a Nigerian graduate to fit into the work environment and compete globally in this era of global village.
How did we get here despite the promises of greatness at the wake of independence and the birth of Nigerian Universities? 60 years after, Nigeria cannot produce a table spoon, Nigerian undergraduate will rather leave at 400 Level to start year one in Ghana, Malaysia, Australia and other non-English speaking countries. There are more private/quasi-religious universities than those who can afford them yet there is no corresponding improvement in the quality of graduates we produce.
Nigerians once they leave the shores, do so well, in fact a study in the USA, puts Nigerians among the brightest and most educated immigrants. So what is wrong at the home front? Our men of intellectual timber and calibre are often brought to our notice by foreign institutions. The list of books read by Nigerian undergraduates should be critically examined. Agreed it is the lecturer that dictates what a student reads, but it should be remembered that the headmaster was once a student.
When I was an undergraduate, the easiest source of extorting more money from my parents and sponsors, is through presentation of list of books. As was the custom then, every lecturer gave a list of suggested readings for the course. What we did then was to follow religiously the lecturer for 3 weeks, spy out his favourite text book. Having done this, we present the entire list recommended to us to our sponsors and demand they give us money to buy from the University bookshop.
Need I remind you that of all the books on the list, we will only buy the one the lecturer lectures from while the money for the others slips into our pockets to be diverted to buying other extracurricular books not recommended by the lecturer(s) In this intellectual extortion, most of my “comrades in theft”, brakes book into two and collect double portion for one. If a book is co-authored, all they have to do is write the name of the book twice and place it against each author. Some even request money for two editions of the same book.
I am forced to reflect on this culture because there is a dearth of reading culture. I have engaged some undergraduates in a discussion. To say the least after talking with them, I felt too intelligent, or aptly, like a pastor leading a sinner to repentance. Mind you, despite our ingenious fraud, we still bought at least one and read it. Those who claim forced to study parents’ choice discipline, use proceeds from this venture to buy books in the field of their choice. Novels were voraciously read. In the interlude before another lecture, discussions hover around do you have this book that book or when will you lend me your novel.
These days, the object of loan among university students is musical CD, DVD and the centre of their discussion is when and where is the next bash. The “librated” lady on campus talks about fashion despite not knowing how to thread a needle. The conquest at the “senator’s” party or illusionary promise of a trip to Dubai by an aristo, keeps these ladies off their books.
For the gees wearing a bandless trouser that exposes dirty boxers, their talk centres around when next a GSM service provider will hit campus and the number of loose girls that will be tipsy and honey for a quickie. The guys’ greatest asset is the make of the cell phone he is hauling around campus, his tushed love nest and not his ability to intellectually mesmerise babes with his understanding of a complex theory.
There is another group of students, who are caught in between. They are hungry to read but there are no books. A carless browsing through books readily available on a book stand will show a collection of American manuals on how to be rich in a poor environment and not how to build rockets or other machineries needful for development.
These books do not take into consideration to economic policies and realities on ground, rather in the name of universal principles; they proffer solutions that can never work. What is the richest man in Babylon doing in Africa? A typical reading list of New Nigerian youths will read like this; Rich Dad Poor Dad; 101 Love text messages; Maximise Your Potential; ABC of Forex; How to make the internet make Money for you( euphemism for manual for yahoo yahoo boys). With active connivance of American evangelical, the capitalist west is underdeveloping Nigeria by corrupting the reading list of Nigerian youths with questionable religious books and self enrichment books that do not take into consideration the world of difference between America and Nigeria.
The dearth of reading culture among Nigerian University undergraduates has been attributed to handout culture introduced by lecturers. According to a lecturer friend of mine, the non-availability of text books and the collapse of printing press in Nigeria, made them to photocopy their rare books and give out to students, so long as students will bear the cost of “production”. From merely bearing the cost of “production”, lecturers have turned authors by summarising and binding these photocopied sheets into books. Woe unto you, if you do not buy.
In some Universities, security numbers are allotted to the students who buy these books. These security numbers are required to be affixed to your exam paper after your matriculation number has been written. Any exam paper without a security number (often the serial number on the lecturers purchase list), no matter how good, does not get a favourable marking. Some passable exam papers without security number, gets an outright carry-over.
Another lecturer I spoke with blamed this culture on students. His claim is that most students are not strictly students. They are involved in trading (both flesh and hardware) and do not have time to read voluminous text books. This group of students coaxes the lecturers into giving them a simple pill and areas of concentration and does away with the boring reading of Das Capital or Wealth of the Nation. But students disagree with these lecturers’ positions.
Accordingly, students lay the blame on the door step of the school authority that through their silence embolden these lecturers to extort students, despite the huge allowances they collect from government after each strike. It is surprising that ASUU and National Association of Nigeria students (NANS) have not deemed it fit to confront this monster. As an icing one student asked me what have my generation done with all the books we read if not to quote bits and pieces to justify our write ups. Interestingly this student referred me to Dele Momodu’s Pendulum on back page of ThisdayNewspaper of December 8th 2007 titled “What Books Do You Read?” and quarried what intellectual purpose does Ovation Magazine serve.(Dele Momodu is the publisher of Ovation Magazine that celebrates the rich without asking the source of their riches).
This student obviously well informed also referred me to Pedagogy Of The Oppressed by Paulo Freire, where the author stated that the end product of reading is action. As an epilogue, this student asked me to point out any community library or reading centre where good books can be accessed.
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Ikedi Ohakim vs Sir Victor Umeh - It’s Over!
May 22, 2008 by OCI · Leave a Comment
When the Governor of Imo State, Ikedi Ohakim declared in his recent Aka Ikenga lecture at NIIA, Lagos that ‘It’s over’ he was not un-mindful of elements like Sir victor Umeh.
In his lecture as reported by Ochorome Nnanna in the Vanguard he opines that some people within Ndigbo are acclaimed ’marginalisation cryers’ who have perpertually refused to see that the war was over decades ago; he observed thus
They have not accepted us back after the war. The war is still going on in their minds; it’s only the shooting that stopped. They are cheating us. They are killing us. They have enslaved us. We are marginalised. They have given us inferior ministries. They are doing this to us. They are doing that to us.
I have no doubts, it is the likes of Sir Umeh that have not yet realised that ‘it is over’; Umeh’s purported reaction in today’s Vanguard leaves a lot to be desired. As much as one allows oppostion to his/her views, one does not just oppose for the sake of doing it , in other to be heard. Umeh still re-echoes the same old lines that Ohakim had earlier outlined. Sir Umeh, get it, it’s over! Just like Ohakim said;
It’s their fault. Fingers were pointed into the air, at them. But as it happens, when you point one finger at others, three are pointing back at you, telling you to search yourself first and be sure whether the fault is not really yours. Look at the mirror first. Are you sure the main problem is not that person who is staring back at you?
How many fingers are pointing at you? How much have you been searching yourself lately? Probably, you do not have a mirror to examine yourself.
The time has come and indeed, it’s time we start listening to the likes of Ohakim and other liberated Ndigbo sons/daughters out there so that we all can help deliver Igbo land from the defeatist physic that have beleaguered it since the war ended. We have what it takes to get ourselves out of this doldrums. We need to look inwards and rid ourselves of the marginalisation mentality as preached by our jobbers and buccaneers ( Ori na Crisis people ) representatives. They have not helped our cause and quest in the past nor present and the future holds nothing for them in Igbo affairs.
Let us rise above the defeatist mentality and invoke the Igbo unsuppressible spirit of enterprise and self preservation, with which we shall overcome and together we will establish the Igbo nation of our dreams.
You may not agree with the messenger in Ohakim, but let us listen to him. He has got a lot to say. ( Okpu okwu n’onu! )
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