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Are We Back to the Days of Impunity with the Detention of 53 MASSOB Members?

Vanguard (Lagos)
NEWS
October 29, 2004
Posted to the web October 29, 2004

By Innocent Anaba

The General Sani Abacha government has remained one government every Nigerian
was happy to survive. Survive because, it was an era characterized by
indiscriminate killings, detention, contrived charges and has been adjudged the
regime that recorded the worst human rights violation. 'A government against
its own people', some had termed it.
But Nigerians today wake up everyday, concerned and wonder, if in actual fact,
Abacha's regime was the worst in terms of human rights abuses. The concern has
arisen, given the number of laws that have been passed under this regime, which
have tended to suggest that Nigerians standing trial over certain alleged crime
should not be admitted to bail. Even when the court feels otherwise and goes
ahead to grant such suspects bail, the government has in most cases refused to
obey the court order. In summery, we today have a government that is selective
in the court orders it obeys, a democratic government for that matter. Today,
government is at liberty to obey or refused court orders, following its
(government) disposition to the person(s) granted the said bail.
The obedient to court orders is not really the essence of this write-up,
neither is it the bad laws our democratic government have enacted, but the
arrest of over 53 Nigerians on September 11, 2004 in Lagos, while they were
playing football. Their subsequent detention for over six days, before they
were finally charge before a Magistrate court siting in Yaba, Lagos for an
undisclosed offence, to confer legitimacy on their continued detention and the
remand of these citizens at both the Ikoyi and Kirikiri Prisons, all in Lagos.
Some Nigerians, according to information available to Vanguard Law and Human
Rights, which the police has also admitted when it (police) briefed
journalists, the citizens were on September 11, 2004, arrested by a team of
heavily armed policemen, most of them on-looker, food vendor, hawkers and
sports fans, as they were participating in the finals of the 'Uwazuruike 2004
Freedom Cup', at the Trade Fair area of Lagos. Uwazuruike, by the way is the
leader of the MASSOB.
They (arrested Nigerians) were first taking to the Trade Fair Police station,
and later to the Festac town police command, before they were transferred to
the State Criminal Investigation Department (SCID), Panti, Yaba, Lagos and
detained for six days, before they were finally taking to a Yaba Magistrate
court, with an information that disclosed no charge, but only sought to have
the court remand the persons.
The information filed by the police in the process, titled 'An Application for
Remand', read, "Please be informed that the above accused persons were reported
at the State CID Panti, Lagos State for treasonable felony. It's appearing to
this department (Police) that the issue of jurisdiction will affect the trial
of the case of your court wherein you are requested to remand the above named
persons to enable the DPP(Director of Public Prosecution) give legal advise for
final prosecution at the Federal High Court. I attach herewith a copy of he
charge sheet which contains useful information as to the reason of their
arrest, please".
The police went ahead to state in a two count proposed charge:
*That you Sunday Nwaiba, 'm' and fifty two others mentioned above on September
11, 2004 in Lagos in the Lagos Magisterial district, did conspire among
yourselves to commit felony to wit, treasonable felony and thereby committed an
offence punishable under section 516 of the Criminal Code, Cap 77, Laws of the
federation of Nigeria, 1990.
*That you Sunday Nwaiba, 'm' and fifty two others mentioned above on the same
date, time and place at the aforesaid mentioned magisterial district did form
an intention to levy war against Nigeria in order to force or constraint to
compel the President as Head of State of the Federal Republic of Nigeria and
Commander in Chief of the Armed Forces of Nigeria to change his measures or
counsels and thereby committed an offence punishable under section 41(c) of the
Criminal Code, Cap 77, Laws of the federation of Nigeria, 1990.
Vanguard gathered that of the total number of the persons arrested and brought
to court to be remanded in prison custody, on an alleged proposed charge of
seeking to wage war against the Federal Government, while playing football, are
two ladies, one of them aged 18. The women were remanded at Kirikiri Prison,
while the rest of them, men were remanded in Ikoyi Prison.
The names of those in detention are Sunday Nwaibe,38; Frank Williams, 39;
Stephen Solomon, 63; Okechukwu Igbi, 26; Nathaniel Onwuali, 41; Benson Efughi,
55; Ifeanyi Ezepkese, 35; Ikwueze Oliver, 23; Judemaris Egeolu, 36; Christopher
Okafor, 28; Ikechukwu Agbome,30; Sunday Ozor, 24; Jude Ozoemena, 21; Ike
Stanley, 21; Augustine Okpechukwu, 25; Chioma Agu, 18; Gloria Mokwe, 37; Obiora
Nwoye,31; Uchechukwu Udecha, 28; Chienedu Ogbuji, 28; Okafor Onyeka, 32; Monday
Okoli, 24; Ogboma Igwe, 20; Eric Ojimaduekwu, 34; Mark Odikonigbo, 29;
Okechukwu Igweokolo, 27; Osa Obinna, 20; Paul Ibe, 18; OliverNwafor,28; Michael
Okomkwo,23 and Vincent Anayo Ani,22.
Others are Nonso Agbasianya, 24; Emeka Ezenwaka,26; Chukwama Ugbochukwu, 25;
Nicholas Anwunobi, 23; Sunday Nworie, 26; Stanley Okechukwu, 26; Napoleon
Nwachukwu, 22; George Godwin, 24; Gabriel Banjamin, 38; Ifeanyi Ugwu, 25;
Amuche Onemekwe, 22; Peter Febuluo, 30; Joseph Cyprian, 20; Uche Njoku, 22;
Emeka Stephen, 24; Obinna Odenigbo, 21; Damian Ezeika, 30; Chidiebere Nnuka,
21and Fred Chinwuba, 32.
Of all these people, non was caught with a gun, not a machete, other than
identity card, allegedly carrying MASSOB insignia.
While it is not in doubt that the new trend represent a serious human right
abuse, the major claim against the Abacha's regime, by the Nigerian people, who
fought hard for the democracy we so desired and cherished, Nigerians should
however stand up to condemn this persistent, but dangerous trend.
Sequel to the detention of the Nigerians, they have lodged an application
before the Federal High Court, Lagos, seeking to be admitted to bail, pending
when ever the Federal Government, will through its agents, bring a formal
charge against them.
The 53 Nigerians, now languishing at both the Ikoyi prison in Lagos, among them
a pregnant woman, and an aged man, who were arrested at a football field at the
Technical Secondary School, Abule Ado, Old Ojo road, Lagos, while participating
in a football tournament last month, on allegation of plotting to overthrow the
Federal Government of Nigerian, have asked a Federal High Court, Lagos to admit
them to bail.
Lawyer to the citizens, I. Nkenchor, is asking the court to admit them
(applicants) to bail, pending the determination of the substantive charge,
arguing that most of them are seriously sick and may died in prison custody, if
their health needs is not attended to.
Mrs Gloria Okafor, mother of two of the suspects, in an affidavit in support of
the bail application, given an account of what transpered said, the Nigerians
were arrested on September 11, 2004 at the Technical Collage while playing a
football match. They were arrested by policemen from the State Criminal
Investigation Department (SCID), Panti, Lagos and the police informed them that
they were been arrested for being members of MASSOB.
According her: "I visited the applicants in cell at the SCID, Panti on
September 12, 2004 and discovered that some of the applicants were very sick,
especially Gloria Mokwe, who is about six month pregnant. I was informed by the
pregnant detained woman that she was at the football field to watch the
proposed match. The 23rd and 29th applicants are traders who had come to school
to sell Ice Cream, while the 3rd applicant is very old, and the police could
not keep him in cell because he is above 80 years, but the police had to lower
his age and retype the original charge sheet before the charge could be
accepted by the Yaba magistrate court.
She added that the 1st, 6th, 9th, 24th, 30th, 34th applicant are presently
suffering from very serious bone dislocation because of the physical torture
metted out to them by the police who arrested them, while the 6th applicant in
particular cannot move his lower jaw because the police used gun boot to
dislocate his lower jaw.
She further said that it is not possible for the applicant to plan treason
using the medium of a football match. They were charged to court on September
17, 2004 for treasonable felony. If the applicants are not granted bail, they
will die before justice and justice of the case will not to get them, as they
need serious medical attention and their present place of detention which is
the Ikoyi prison is not only poorly ventilated, highly congested with very poor
arrangement for feeding and medical attention.
Most of the applicants do not know why they were detained, and there is no
credible evidence linking any of the applicants with the offence of treason,
apart from the fact that some of them confessed to being members of MASSOB. The
detained Nigerians have no criminal record, no penchant for criminal behaviour,
adding that they will provide sureties if the court is disposed to grant them
bail, to make sure that they do not jump bail.
The high court has however fixed Tuesday next week for hearing on the bail
application.

   

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