BreakingNews 12/8/16 - Illegal Police Probe Of Padding Of The 2016 Budget Bill: Dogara Versus Dogari Policing

[ Masterweb Reports: Intersociety reports ] - (Onitsha Nigeria, August 8, 2016)-The emergence of Acting Inspector General of Police, Alhaji Ibrahim Kpokum Idris may have unveiled a new dogari policing for Nigeria. That is to say that the primitive Hausa-Fulani policing methods specializing in collection of taxes, guarding Emir palaces and arresting and jailing tax defaulters and others considered by Emirs as Emirate enemies, all according to whims and caprices of the Emirs, may have been brought to the fore by the Acting IGP, with two major instances being the reckless abandon with which the Acting IGP has ordered his personnel to flood Nigerian roads and retire at every evening with bagfuls of officially robbed naira notes; and the rush and speed with which he set up a five-man criminal probe panel to selectively and illegally investigate the House Speaker, Yakubu Dogara over a clearly non-criminal conduct correctly called  “Padding of the 2016 Budget Bill”; leaving behind other partakers, aiders and abetters. The action of the Acting IGP is a height of trial by ordeal and selective application of justice.
 
 
By the summary account of the Black’s Law Dictionary, 9th Edition (2009), trial by ordeal is a judgment of man passed on his fellow man without recourse to written law and principles of the rule of law including fair hearing. This is substantially, if not totally derived from hearsay, unsubstantiated and unverified accusation(s). By the plain language of Section 36 (8) of the Constitution of the Federal Republic of Nigeria 1999 under right to fair hearing, no person shall be held to be guilty of a criminal offence on account of any act or omission that did not at the time it took place, constitute an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed. Also by the plain language of Section 36 (11) of the same Constitution, subject as otherwise provided by this Constitution, a person shall not be convicted of any criminal offence unless that offence is defined and penalty therefore is prescribed in a written law, such as an Act of the National Assembly or a Law of a State.
 
 
Further, for a crime to be committed in Nigeria, it must be composed of guilty act (actus reus) and guilty mind (mens rea); with exceptions being strict and statutory liability offences (i.e. sanitary, utility bills and traffic offences). A crime mandatorily requiring police investigative and prosecutorial involvement is not a crime unless it is mandatorily composed of seven elements of crime; namely: actus reus, mens rea, legality, harm, causation, concurrence and punishment. Conditional Defences to Crime, particularly crimes against persons, property and collective security crimes; are duress, underage, insanity, entrapment, self defense and necessity. A conduct can be unethical, yet it does not make it a crime unless it is criminalized as a code-crime with prescribed penalty; usually under mala prohibita (a conduct defined as a crime by a given society or political territory, or part of it) or mala inse (codified crime bearing universal application).
 
 
It is therefore the observation of the leadership of International Society for Civil Liberties & the Rule of Law (Intersociety) that selective justice has risen to an apogee in Nigeria and trial by ordeal justice system fully returned. Recourse to rule of law and due process is already nailed and crucified. Fundamental issues of extreme public and national importance dominant in criminal justice, economy, security and political sectors are recklessly and brazenly brushed aside for issues of acutely infinitesimal relevance which now dominate the national and daily discourse. The latter include Aisha Buhari’s trip to USA, Ekweremadu must go and Senate Rule 25 forgery campaign, Budget Padding and Dogara must go campaign, Okezie Ikpeazu ousting campaign, to mention but a few.
 
 
Sadly, as much as 140 unarmed and defenceless youths of the Igbo-Nigeria extraction were massacred in Onitsha, Nkpor and Asaba on 30th of May 2016 by soldiers of the Onitsha Military Cantonment under the 82 Division of the Nigerian Army and joined by personnel of the Nigerian Navel and Nigeria Police Force. As if that was not enough, over 120 of them were abominably and violently buried in secret mass graves located inside Onitsha Military Cantonment and within Airport area in Asaba on 2nd and 21st June 2016, respectively; yet no State controlled or independent television outfit in Nigeria has empanelled any discussion forum on same till date.  As we speak, no single perpetrator has been arrested and put on trial by the Nigeria Police Force led by Acting IGP, Ibrahim Idris.
 
 
As much as 809 unarmed and celebrant members of Shiite Muslim movement were either massacred or made to disappear till date in Zaria by the Nigerian Army on 12th and 14th of December 2015. In all these, all the frontline media, activist lawyers and social advocacy institutions including the National Human Rights Commission have gone chronically deaf and dumb; with exception being a conscientious fraction such as the likes of Barristers Ebun Olu Adegboruwa and Femi Fani-Kayode; Governor Peter Fayose of Ekiti State, the authorities of the Galaxy TV and leading Nigerian Online Media mostly of Southeast and South-south domination.
 
 
Though our advocacy attention is too busy to be occupied by national irrelevancies such as the so called Budget Padding, but we feel deeply pained watching the countrys social institutions and values being bastardized, corrupted and destroyed on daily basis and with reckless abandon by those who ought to be the custodians of the countrys public morality, decency and uprightness, especially when some of them go by the hallowed titles of their excellencies, their lordships, senior learned counsels, senior comrades, etc.
 
 
Legally and criminologically speaking, we are not in the know of any criminal law in Nigeria where act of Padding of a Budget Bill is unambiguously defined as a criminal offence with prescribed penalty or penalties; yet the Acting Inspector General of Police, Alhaji Ibrahim Kpokum Idris has rushed and hurriedly set up a five-man criminal investigative panel, headed by AIG Amodu Ali to selectively and illegally investigate the House Speaker, Yakubu Dogara and about four others. The Presidency has consistently targeted the House Speaker, the Senate President and the Deputy Senate President for removal at all costs following their independent and popular emergence in June 2015 as principal leaders of the 8th
 
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