So many ills afflict
our society and some of those ills have come to be identified as wide-spreading
evils of our time. Among these wide-spreading evils of our time is the scourge
of jungle justice [otherwise known as and called mob justice]. It is one crime
that diminishes our common humanity and shocks the conscience of every
civilised society. While it is true that before now this evil has received
inadequate attention but with the advent of technology, the menace of this
scourge is now increasingly gaining the attention that it deserves. It is one
that is currently troubling stakeholders in criminal justice administration
given its pervasive spread. There is no argument that mob justice is a
significant social and legal issue with many different perspectives.
DEFINITION
OF TERMS:
For every discussion to
be intelligible there must be definition of terms [apologies to Aristotle].
Understanding the word “mob justice” or “jungle justice” is key and central to
the appreciation of this write-up. The
violent phenomenon of mob justice can explained as when a group of people,
sometimes several hundred, take the law into their own hands, act as accusers,
jury and judge and punish an alleged wrongdoer on the spot. The person accused
of a crime has no chance to defend himself /herself or claim innocence. This
procedure often ends up with the victim being beaten to death or seriously
injured. The victim of a mob is denied a fair trial and the right to life. [Adapted
from MOB JUSTICE: A qualitative research regarding vigilante justice in modern
Uganda].
According to wikpedia, Jungle
justice or mob justice is a form of public extrajudicial killings in Sub-Saharan
Africa, most notably Nigeria and Cameroon, where an alleged criminal
is humiliated, beaten or summarily executed by a crowd or vigilantes.
Treatments can vary from a "muddy treatment", where the perceived
perpetrator is made to roll in mud for hours to severe beatings
followed by necklacing. This form of street justice occurs where a
dysfunctional and corrupt judiciary system and law enforcement have "lost
all credibility. European principles of justice have likewise become
discredited. [https://en.wikipedia.org/wiki/Jungle_justice]. Suffice it to
note that the phrase “mob justice” would be used interchangeably with “jungle
justice” in this discuss.
PURPOSE
OF THE WRITE-UP:
This is an enquiry into
the possible underlying factors that fuel the social malady of mob justice in
our present day society, the position of the law on the issue [as espoused by
our Courts] and the possible solutions to end the plague.
FACTUAL
EXAMPLE:
A colleague of mine [identity
withheld] who practices law in the Federal Capital Territory [F.C.T. for short],
Abuja, narrated to me his ordeal in the hands of a mob operating along the Karu
axis of the F.C.T. where he had gone to visit a friend. The incidence took
place in the first week of May, 2017. The grisly account is rather
gut-wrenching and would be recounted as graphically recounted to me by my
friend. Owing to power outage in the area where he visited, he decided to take
his phone to a nearby barbing salon to charge around 7:00pm. Thereat, many other
residents of the neighbourhood equally come to take advantage of the generator
set used by the barbing salon to power their phones and other electrical
gadgets. It so happened that when the owner of the barbing salon wanted to
close for the day, people naturally came for their phones. As the owner of the
salon went to turn of the generator, my learned friend equally took his phone
and made for his friend’s house.
Midway to his friend’s
house, my learned friend was accosted by a group of young men numbering around
10 [between ages 18 to 24] who asked him to go back to the barbing salon as one
of them was looking for his phone. On getting to the salon, the owner
recognised him and informed the young boys that it was not my learned friend
who could have made away with the phone they were looking for. Before my
learned friend could say ‘Jack Robinson’, he saw himself on the ground. Next,
the young boys started landing all manner of hard objects on my friend; blocks,
planks and what have you. Having pummeled him into stupor, my friend realized that
if he did not act fast, his life would be ended by the mob with no one to tell
his story. He managed to motion to them to stop so he could talk to them.
Falsely thinking that my friend was about to tell them the “truth” finally, the mob relented a
little and my friend used the short reprieve to pick race at a speed akin to
that of the famous Usain Bolt. On reaching his friend’s house, he hit himself
on the gate with a very loud shout that caused the residents of the compound to
rush out to know what was happening. Sighting my friend, one man in the
compound who had known my friend as a Lawyer beckoned on the rampaging mob to
halt their brutality. The old man told the mob that he was sure my friend could
not have committed the theft they were accusing him of. He suggested that the
matter be quickly taken to a native doctor who was located nearby so that he
[the native doctor] could consult the spirits to find out the culpability or
innocence of my friend. The spiritual processes adopted by the native doctor
was long [they should not detain us here] and seem to command the fullest
confidence of the mob. The Chief Priest finally announced to them that my
friend was/is innocent of the accusation they leveled against him. Of course,
the mob instantly became penitent and they have been begging my friend for
forgiveness. After a marathon medical tests/scan and treatments, how to make
the mob answerable to the law for their attempted murder of my friend has been
engaging my time and that of my friend up to the point of writing this article.
WHAT
FUELS THE MENACE?
Concededly, mob justice
is a complex phenomenon. However, our intimate reading of relevant research
materials on the issue sufficiently informs us that the menace of jungle
justice is largely fueled by structural issues encompassing poverty, lack of
education, unemployment, extreme deprivation and lack of opportunity which are
all attached to a lower social class. Research outcome suggests that citizens
from lower social classes are less likely to have recourse to the judicial
system. Weak, inaccessible and compromised judicial system is also identified
as a factor fueling the menace of mob justice. The dominant perception among
the deprived class is that the judicial system is fragile and untrustworthy leading
them to take the laws into their own hands.
LAWYERS
WALK AGAINST MOB JUSTICE:
In November, 2016, a
group of lawyers and human rights activists staged a walk against mob justice
which played out in the same month of November and in the Orile area of the
same city of Lagos. In his contribution during the walk, the Executive Director
of the Access to Justice, AJ, Mr Joseph Otteh, gave a very insightful
contribution on the causes of jungle justice ravaging our society. Hear him:
"Jungle justice is a metaphor for the failure
of justice, the failure of society to apply uniform and equal standards and
processes to everyone, the failure of society to protect its people from the
whims of base and irrational human instincts and impulses. A society that
allows a few people to take laws into their own hands, and sometimes take human
life under that influence of that power, is a broken, lawless state. The entire
concept of "State", "government" and "Rule of
Law" is lost where people are allowed to act, or not prevented from acting
as though society were, as Hobbes said, in a state of nature, unregulated,
unbridled, or life was "brutish, nasty and short. When people take laws
into their own hands in a society, they basically express the idea that state
institutions of law and order are dysfunctional and lack trust or confidence.
If people trusted those institutions, it is a lot easier to engage those
institutions when crimes occur... Our Police Force is broken, and has been so
for as long as I can remember. Our judiciary too, is a largely inefficiently
administered institution, and the idea of being stuck in courts once cases get
in there they foster a loss of confidence in courts and a lot of people are not
prepared to "let the law run its loss" in our law courts.”
ENDING
THE SCOURGE, LEGISLATIVE INTERVENTION:
The Votes and Proceedings
of the Nigerian Senate of Tuesday, 22nd November, 2016 confirms that
the Senate considered and approved a motion [standing in the name of Senator
Bareehu O. Ashafa, Lagos East] condemning the rising cases of jungle justice in
the country. For its defining impact on this write-up, I will quote the motion
of Senator Ashafa is extenso:
“Motion made: That the Senate is disgusted by the rising cases of jungle
justice by mobs that have arrogated to themselves the power to condemn others
to death and execute judgment without recourse to the law courts in different
parts of Nigeria;
Worried
about this trend, especially the case of a young boy recently lynched in the
Orile area of Lagos State for stealing;
Horrified
that these rising barbaric acts are in most cases, perpetrated with a crowd of
people watching unperturbed is most disheartening and frightening as each act dehumanises
us as a race;
Disgusted
that this is not the first time that in the country that the mobs have engaged
in jungle justice. Some of the instances of jungle justice still fresh in our
memories are as follows;
i.
We
can never forget when four young boys, Ugonna Obuzor, Toku Llyod, Chiadika
Biringa, and Tekena Elkanah, all students of the University of Port Harcourt
were lynched in 2012 after they were falsely accused of being thieves in Aluu,
a community in Port Harcourt, Rivers State.
ii.
Sometime
in October, 2016, it was reported that a young man trying to steal a flat
screen TV from a football viewing center in Uyo, Akwa Ibom State had his arm
chopped off by an irate mob on suspicion of stealing.
iii.
On
October 19th, photos of a suspected burglar tied up like bush meat
surfaced online. He was said to have been caught red-handed after breaking into
a house and trying to steal some valuables in Sokponba in Benin City, Edo State.
He was beaten blue and black, tied up like bush meat and later handed over to
the police.
iv.
In
February, 2016, one Akinifessi was reported to have been beaten to death by a
mob in Ondo State for engaging in homosexuality.
Further
disgusted at the growing culture of extreme hate and disregard to human life,
coupled with institutional lethargy against prosecution by some State
Attorney-Generals, with the recent case of Mrs. Bridget Agbahime, who was
killed in July, 2016 by an angry mob in Kano for having a different opinion
from those of her attackers;
Observes
that the current social disinterestedness to move against this behaviour that
has led to Nigeria being tagged as one of the countries with the worst rate of
jungle justice in the world, yet a religious country;
Reiterates
that the growing culture of citizens or anyone in particular taking the law
into their own hands and meting out justice as they deem fit is most
reprehensible;
Observes
that Section 33 of the Nigerian Constitution guarantees the right to life and
that no Nigerian life should be taken except in accordance with the rule of law;
Restates
the need for all citizens not to submit to this evil act because in doing so, we‘ll
lose our humanity;
Acknowledges
that mob justice is the trait of a people with long deprivation of justice; it
shows a fault in our legal/justice system.”
It is to the credit of
the Nigerian Senate that after the above robust and comprehensive lead debate
by the sponsor of the Motion, it [the Senate] resolved to, among others;
i.
Condemn in totality these abhorrent acts
of barbarism;
ii.
Urge the Nigerian Police to immediately
ensure that all the perpetrators of this barbarism and make sure they are
brought to book;
iii.
Urge the Attorney-General of the
Federation, the States Attorney-Generals and the Police to show greater sense
of duty in diligent apprehension and prosecution of this kind of offenders.
ANTI
JUNGLE-JUSTICE BILL:
Earlier on Wednesday, 5th
October, 2016, the Senate considered a Bill titled “Prohibition and Protection
of Persons from Lynching, Mob Action and Extra-judicial Execution Bill, 2016(SB.
109)”. This Bill [standing in the name of Senator Dino Melaye] is aimed at
forming the legislative sledgehammer to shatter the menace of jungle justice in
Nigeria. No wonder the Senate [on the 22nd November, 2017] equally
resolved to “urge the Committee on
Judiciary, Human Rights and Legal Matters to urgently accelerate the passage of
Anti Jungle-Justice Bill before it”.
THE
VIEWS OF OUR COURTS:
Our [Nigerian] Courts
have remained consistent in condemning the tendency of the citizens to relapse
into the disavowed practice of mob action. Both the Nigerian Court of Appeal
and the Supreme Court have taken the advantage of their rare judicial altitude
to hand down the warning to the perpetrators of mob justice that our system of
justice ahbours their practice. In the case of Olabode v. State (2007) ALL FWLR (Pt 389) 1301 at 1323 - 1324, paras H
- B, 1325, paras. D - F, their Lordships of the Court of Appeal have this
to say of mob justice;
“…let me state once again that no matter how one feels about the acts of
another, it is wrong to try to redress an unlawful or seemingly unlawful act
with another unlawful act. This will amount to jungle justice. We cannot afford
that now, I believe that we had since passed that stage. Nobody, and the
appellant inclusive, should reverse the hand of the clock in this regard. The
1999 Constitution of the Federal Republic of Nigeria, recognizes the sanctity
of human life and no one will be allowed to take the life of another without
due process no matter how brave he thinks he is. If he does, the full weight of
the law will be brought to bear on hhim. This should serve as a clear message
to those who, at the slightest provocation, on hearing that person is either a
witch or has stolen something, decide to set such person ablaze. The law frowns
at and will certainly punish such criminal and irresponsible act when proven as
in this case." Per. Okoro and Fabiyi JJCA.
In his characteristic manner, Justice Muhammad of
the Nigerian Supreme Court, in the case of SPIES
v. Oni (2016) LPELR-40502 (SC) has this to say;
"My noble lords Law is meant to provide peace,
security, protection concord and purposeful co-existence amongst citizens. No
reasonable society will encourage resort to self-help for whatever reason and
not certainly on mere suspicion."
In the celebrated case of Kaza v. State (2008) 7 NWLR (Pt.1085) 125 S.C. 2, the
Supreme Court frowned at the lynching of a Muslim by his Muslim brothers who
accused him of insulting Prophet Mohammed and slaughtered him on the outskirts
of the city as a result. In dismissing their appeal and upholding the sentence
of death by hanging imposed on them by the High Court of Kebbi State for Culpable
homicide, the Supreme Court condemned the evil of mob justice in these punchy
words;
“The appellant in this appeal did
not show to any of the courts that he had the requisite authority to
take away the life of the deceased. He thus unlawfully deprived the deceased
the opportunity to defend the allegations levelled against him before any court
of law or authority. The village head of Kardi who was contacted by the
appellant and others, for authority to execute the deceased, flatly refused
authority as he fully well knew that he was not the right authority to grant
such a leave. A learned person known as Ustaz Mamman drew attention of the
appellant and his co-accused persons that they had no authority to take away
the life of the deceased, yet they kept deaf ears and even described the Ustaz
as an infidel. I cannot see how these kind of people shall have any
respite by the law. What is good for the goose is good for the gender. Life is
precious to all and sundry. He who kills by the sword shall die by the sword. I
have no sympathy for the banishment of such busy bodies who respect no human,
life due to their high degree of misapprehension of the law or, should I say,
complete ignorance of the law. The appellant failed to convince me
through his explanations. But he is free to make further and better
explanations to the hang man, though belatedly.”
END:
What emerges from the
array of facts and galaxy of judicial authorities surveyed above crystalises to
the inescapable conclusion that the evil of mob justice is a reflection of the weak
law enforcement regime in the country and largely ineffective judicial system.
Jungle justice, being a complex phenomenon, manifests itself in various
colours; the common thread being the dethronement of the rule of law and resort
to self-help. Arguments have been advanced in some informed quarters that by
the constant refusal of government to obey court orders the government is as
culpable of jungle justice as the uniformed miscreants who pile tyres on
accused persons to set them ablaze on the street. For instance, in the wake of
the Orile incidence in Lagos, Mr. Joseph Otteh of Access to Justice robustly
argued that;
"Government
needs also respect the rule of law, for where it persists in flouting court
orders, it is setting a pernicious example to the rest of society, and telling
Nigerians that it is just fine to behave in the style of the jungle. So, in a
manner of speaking, government is as guilty of jungle justice as the people who
pile tyres around the neck of victims and light them up."
Indeed, there is considerable force in this
submission and I endorse it! One of the dangers inherent in this scary evil was
very adroitly exposed by Mr. Monday Ubani, Esq. Listen to this;
“Somewhere and someday, a person who does not like your face will allege
you have done something and the mob will believe his own side of the story
without hearing from you and set you on fire. That is the end, because the
person will not be alive to say what happened. It should be disallowed.”
In signing off this
discussion on how to end this fast-spreading evil, we note that there is a
consensus among stakeholders that instead of allowing this evil to take root on
our soil, we should rather work in concert to insist and ensure that the
institutions established to combat crime and punish offenders wake up to their
Constitutional responsibilities since we cannot use criminality to cure
criminality. The time to demand this institutional efficiency from the Police
and our judiciary is now. I choose to stop here.
JUNGLE JUSTICE IN NIGERIA: SPEAKING OUT FOR THE VICTIMS, ENDING THE SCOURGE
Reviewed by Unknown
on
Sunday, May 28, 2017
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