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PRESS RELEASE - Intersociety Rejects The Kangaroo Trial (“Orderly-Room Trial”) Of Four Traffic Officers By The Nigeria Police Inspector General

08/07/11

PRESS RELEASE - Intersociety Rejects The Kangaroo Trial (“Orderly-Room Trial”) Of Four Traffic Officers By The Nigeria Police Inspector General

Permalink 05:30:00 pm, by admin Email , 1151 words   English (US) latin1
Categories: News, Nigerian News, World News

*PRESS RELEASE - Intersociety Rejects Kangaroo Trial By Nigeria Police IG

By Intersociety Nigeria

(Onitsha Nigeria, August 6, 2011)-Late evening Friday, August 5, 2011, at about 11pm, the leadership of the International Society for Civil Liberties & the Rule of Law was authoritatively informed that the trio of STW(Inspector) Emmanuel Mlanga(detained since July 8, 2011), STW Adamu Dogara( detained since July 12,2011) and TWGD 111(Constable) David Oyishoma(detained July 30,2011) were taken to the Nigeria Police Force Headquarters in Abuja, at about 3pm and “arraigned “ before a two-man “Orderly-Room Trial” Committee, headed by Chief Superintendent of Police Anthony Ekong, on so-called “two-count charge” of “breach of confidence” and “incredible conduct”. The other member of the “trial” committee is Assistant Superintendent of Police Akubo. Superintendent of Police Shinkut and Assistant Superintendent of Police Frank are Police “prosecution” witnesses, while Assistant Superintendent of Police Murtala Shafi’u acts as “the Investigation Police Officer” or “IPO”. After the so-called “charges” were read, the “trial” was adjourned till Monday, August 8, 2011 when the “prosecution witnesses” would “testify”. The trio, who were taken back to their detention cells at about 7pm, had earlier been taken to the CP Provost, Mrs. Sherifat Disu who ordered their “trial” at the instance of the IGP, Hafiz A. Ringim. The fourth wanted officer, STW Samuel Uwakwe, whose annual leave expired on Friday, August 5, 2011, is already in Abuja, to appear at the Force Headquarters by Monday, August 8, 2011. He is expected to be “arraigned” on similar “count charges”.

By Monday, August 8, 2011, STW Emmanuel Mlanga would have been detained for 30 days, or one month, or 720 hours, which is 672 hours more than allowed by law in the context of proper court trial. Also by the same date, STW Adamu Dogara would have been detained for 27 days, or a month minus a day, or 648 hours, 600 hours more than constitutionally allowed; and TWGD 111(Constable) David Oyishoma would have been detained for nine days, or almost quarter of a month, or 216 hours, 168 hours more than constitutionally allowed. On the other hand, by the same Monday (08-08-2011), STW Samuel Uwakwe’s rights to personal liberty and freedom of movement would have been lost for one month, or 30 days, or 720 hours.

Furthermore, our reasonable suspicion that the trio are also being held in solitary confinement came to fore on Friday (08-08-2011) when our sources covertly interviewed them, and they have this to say: “our detention cells, especially the Asokoro Police cell, are under lock and key 24 hours a day. Since our detention dates, 08-07-11, 12-07-11 and 30-07-2011, our families including wives and children as well as lawyers and doctors have been denied access to us. Our captives hardly feed us, not to talk of giving us balanced diets. As a matter of fact, we manage to buy our own food through sympathetic officers. Not minding the present cold weather propelled by raining season, they keep us on the bare floors with stinking mats. When sick and reported, they do not even care, we manage to source for drugs. Our toilets and bathrooms stink and we buy Izal disinfectants to make them useable.”

In view of the foregoing, therefore, we reject, in its entirety, the so-called “Orderly-Room Trial” initiated against the three gallant Traffic Wardens and planned inclusion by Monday, August 8, 2011, of STW Samuel Uwakwe in the draconian and unconstitutional proceedings. Our rejection of this stone-age approach is expressly total! Apart from lacking universalized ingredients such as right of fair-hearing, which foundationalize the Law of Natural Justice, the approach is face-saving and an escape route designed lately and belatedly too, by IGP Hafiz A. Ringim and his sub-commanders to escape the damnable culpability in detention without trial and solitary confinement of the three Citizen-Warders, seriously frowned at, by both our Constitution and various international human rights treaties entered into by the Federal Republic of Nigeria including the African Charter on Human & Peoples’ Rights. The circumstance, under which the so-called “Orderly-Room Trial” is instituted, gravely breaches the 1999 Constitution, as amended, especially her Section 36(fair-hearing and timely proper court trial). It is a settled norm in law that no matter how good a matter is, if its prosecutorial process is gravely faulty, it stands to be quashed judicially. Apart from the draconian nature of the “Orderly-Room Trial” principles, the so-called “trial” in the instant case, is also instituted in grave violation of the fair-hearing and the trial periods allowed by law. Therefore, having been predicated on false and injurious foundation, it cannot stand.

Also, apart from criminal denial of adequate legal representation, no adequate time was given to the Citizen-Warders to prepare for the so-called “trial”. They were also not informed of the imminence of the “trial”, and whether they would submit themselves to such “trial”. They were not formally informed of the so called “offences” they “committed”, except at the “trial” venue. There are subsisting Appellate Court’s pronouncements, which nullified obnoxious features or principles of the “Orderly-Room Trial”, and for any “Orderly-Room Trial” to be satisfactorily evaluated, it must possess the above features and more. But for lacking the fundamental ingredients of fair-hearing and for being instituted over 670 hours after the arrest and detention of the Citizen-Warders, the so-called “Orderly-Room Trial” for the “trial” of the trio of STWs Emmanuel Mlanga(detained since 08-07-2011 in Wuse Police cell) and Adamu Dogara(detained since 12-07-2011 in Asokoro Police cell), as well as TWGD 111 David Oyishoma(detained since 30-07-2011 in Wuse Police cell), is null and void, and of no effects whatsoever . If the authorities of the Nigeria Police Force, headed by IGP Hafiz A. Ringim goes ahead and mete out any sanctions predicated on such unconstitutional proceedings, the courts shall be invited to quash them with huge financial costs against the Police authorities.

We had expected the Inspector General of Police, Mr. Hafiz A. Ringim(+234(0)803325349) and the Force Public Relations’ Office, headed by DCP Shola Amore( +234(0)8037391280) to admit their grievous blunders and profusely apologize to Nigerians, unfortunately, what Nigerians got was raw display of official brigandage and chronic un-repentance. As a result, we renew our earlier call upon the President & Commander-in-Chief, who is also the chairman of the Nigeria Police Council to act swiftly before it is too late, by showing the IGP out of the Nigeria Police High Command. We also renew our similar call, earlier on, on the Nigeria Police Service Commission to sanction the trio of the DIG Administration, DIG Operations and the CP Provost for their perceived grievous violations of the provisions of the 1999 Constitution, as amended. The three detained Citizen-Warders as well as STW Samuel Uwakwe should be discharged and acquitted of all bogus charges levelled them by the authorities of the Nigeria Police Force headed by IGP Hafiz A. Ringim.

Signed:

Emeka Umeagbalasi
Chairman, BOT
+234(0)8033601078

Amaka Biachi Nwosu
Head, Research & Strategy
+234(0)8035532707

Emeka Umeagbalasi

Photo Above: Emeka Umeagbalasi, Chairman, Board of Trustees, Intersociety, 41, Miss Elems Street, Fegge, Onitsha, Anambra State, Nigeria.

Emeka Umeagbalasi

Watch Them!! - Do not allow Kangaroo courts in Nigeria.

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11 comments

Comment from: Lawrence Egbi [Visitor]
Lawrence EgbiWhat kind of trial is Intersociety recommending? The police have their internal disciplinary procedures, just like any other organization. What we should be talking about here is the long detention, which is obviously a violation of their human rights. The issue of rejecting the trial (whatever you call it) shouldn't arise here.
08/08/11 @ 03:07
Comment from: akeem [Visitor]
akeemIntersociety.#, go check the police rules and regulations which guides serving members of the service and if they are not satisfied whith it let them go to court, instead of wanting to use the police for cheap publicity.please.
08/08/11 @ 05:58
Comment from: Charles Ugwu [Visitor]
Charles UgwuI can not even make out what you people are complaining about here. I am also sure that most readers will not get the point you are trying to make. It seems you people cannot even state your case properly. Writing very long sentences, around the same context, can only be used to confuse people. Unless you are trying to confuse your readers, then you realy have not made any point. What is the offence they are accused of committing? I pity the people you want to defend.
08/08/11 @ 07:55
Comment from: Paul Nwabisi [Visitor]
Paul NwabisiThe intersoceity should go and look at what some Police men and the so called Motor Traffic Division in Anambra State are doing; and the incessant abuse and extortion going on in the State. Pls, tell us the offence[s] they committed and, note be informed that it is the the same measure some of them[ i.e. the deviants in the force] adopt for the less priviledged that in return they are getting in in return - collecting money for minor offences as bail grants and some other intimidatory extortions. Pls, be reminded that the law has to be enforced and it is the someone [The high Polie Hierachy] to tame the tiger when the need aries...Tell us sequentially , and craft detail information on what they did and exactly what transpired, then Nigerians , I know are very forthright people they will react appropriately.
08/08/11 @ 14:54
Comment from: SOSO [Visitor]
SOSOWHAT ARE THEY YELLING FOR? SENSELESS AND BASELESS.
08/08/11 @ 19:57
Comment from: saint Obi [Visitor]
saint ObiIt is absolutely difficullt to comprehend the point that you are trying to make in this writeup, however I would like you to understand that an organization like the police has its own trial system by whatever name it goes just like millitary defaulters usually face court martial.These people are being persecuted with the same weapons they have every now and then used on the cilvilians. It is a police trial system and the IGP should not be distracted in his efffort to rid the police of their numerous bad eggs.
08/09/11 @ 05:03
Comment from: HABIBU HALILU [Visitor] Email
HABIBU HALILUWhich kind of pointless write up is this,Writing very long sentences, around the same context, can only be used to confuse people. Unless you are trying to confuse your readers, then you realy have not made any point. What is the offence they are accused of committing? To be frank is like you are trying to tell your readers that you are in-responsible & have no manner of approach...
08/10/11 @ 11:56
Comment from: Godson Ibeh [Visitor] Email
Godson IbehOga Emeka, I don't want to repeat others by telling you that we DO NOt understand your points and problems. Are you trying to be a lawyer or you are a new wig as the young Lawyers are offen called? Please be brief and to the points on offences committed by your so called clients. Are you sure that they did not collect bribes, etc. Have you carried out proper investigation on their offences or you are writing on what they told you? May be you go further by asking some Araba and Taxi drivers even from okada riders what their offences they being tried for please. Is it because of N20 palava which you are aware that many innocent citizens had been sent to untimely and unplaned grave? Please my brother "LOOK BEFORE YOU LEAP".
08/10/11 @ 12:49
Comment from: Sonia Ibrahim [Visitor]
Sonia IbrahimAh! aah haa. "I de laugh oo". Who told Emeka to do this?. How on this earth a police officer could be innocent from what his or fellow police frowned at?. Emeka it seems that you do not understand the formation of the police, army and paramilitary system of disciplinary measures. Please study further to allow you have sound knowldge of Nigerian law practices. This your case is marked "NO GO AREA, Please. I and many other Nigerians do not understand your points. So next time, please tell us your points in sumarry and remeber that you are communicating with general public and not police and lawers alone. Finnaly, who is inter society group and what do they do or stand for? Best of luck
08/10/11 @ 13:06
Comment from: emeka umeagbalasi [Visitor]
emeka umeagbalasiit is quite interesting reading and observing all your comments. i have taken note of comments posted over the three-parent letters that begot this press release and they are all appreciated. unfortunately,it appears that the foregoing conclusions were drawn without reading the three letters before this latest statement.we shall not be bordered by comments that left the main issues and resorted to unwarranted attacks and unsolicited inquiries into the writer's intellectual and socio-lawyerly skills. it is also illogical to submit that because bad eggs abound in the Force or the Service, therefore,citizen-officers, when mal-treated, should not be defended. also, it is our right to reject any form of trial deemed a kangaroo, especially if it clearly lacks timeliness and fair-hearing. as i respond today august 12, they are still held. what a social taboo in the so-called democratic nigeria? today, it is traffic wardens, tomorrow,who knows whose turn it shall be? injustice we condone today will certainly hunt us tomorrow. though, we suspect seriously that these comments are"arrange" comments. we challenge the nigeria police authorities to come out and tell the public the source of this strange power of detention without trial, solitary confinement and unfair trial. police regulations, and even military laws are subject to the dictates of the nigeria constitution. orderly-room trial is an inferior quasi adjudicative process guided by strict regulations and subject to the constitution and high court inquiries, while military court martial process is subject to the appellate inquiries. once the process is gravely faulty, it will be judicially and socially melted to stand no more. instead of the nigeria police sponsoring denigrating comments from backyard, it should come out boldly to defend its nefarious conducts.
08/11/11 @ 18:17
Comment from: Vrujci [Visitor]
VrujciYou ought to take part in a contest for one of the greatest websites
on the web. I will highly recommend this website!
04/09/12 @ 07:31

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