Opinion
Aluu Killings And Right To Life
The news of the gruesome ‘public execution’ of four students of the University of Port Harcourt (UNIPORT), Choba, Rivers State, by their supposedly good host, the Omuokiri village, a semi-urban settlement of different ethnic and religious backgrounds in Aluu community of Ikwerre Local Government Area of Rivers State, bruised the general sensibilities of mankind, leaving us with ‘tortured memories’.
While the facts are still fluid, surrounding circumstances are not only persuasive but irresistibly believable. The villagers claimed that their victims were armed robbers caught in the very act, and as ‘do-gooders’, the ‘guilty’ students must face the justice, even if it is a jungle one. The four students, Chiadika Biringa of the Theatre Arts Department, Ugonna Obuzor of the Geology Department, Llod Toku of Civil Engineering Department, and Tekema Erikena, a Diploma (Technical) student, were therefore, lynched to death in front of jubilant villagers.
In contrast to the account held by the villagers, the parents and guardians of the murdered students have clearly stated that their sons and wards were not criminals. Happily, preliminary police investigations have corroborated the position of the bereaved parents and guardians.
Without mincing words, the heinous murder of the four UNIPORT’s students is condemnable and must be deprecated by all and sundry.
If one may ask, what rights do those murderers have under the Nigerian law? Should they have been murdered in that manner? The consequence of the unlawful killing of Abel by his brother, Cain was a life-sentence with hard labour. This was intended to deter others from unlawfully taking away the life of another. In other words, the killers of the four UNIPORT’s students must be made to face the full wraths of the law.
It is clearly arguable that God’s attachment of capital punishment to unlawful killing of a human being is to emphasise the sanctity of human life as fundamental right, a right not to be taken away unlawfully.
Under Nigerian law, the right to life is preserved and guaranteed against unlawful violations. Nigeria’s highest law, the 1999 Constitution (as Amended) in section 33 (1) provides, inter alia, that, “Every person has a right to life, and no one shall be deprived intentionally of his life ..”
The question here is, should a people not be justified in lynching even a ‘notorious criminal’ in their neighbourhood? The answer is, there is no justification whatsoever for a ‘lynch mob’ justice. The law is that the ‘notorious criminal’ is innocent until a court of law or judicial tribunal has found him guilty of specific criminal charges. This right of the ‘notorious criminal’ is provided for in section 36 (5) of the constitution as follows. “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty”.
In the face of our numerous national security challenges, it has become expedient for individuals to embark on neighbourhood policing or private security arrangements. However, by the combined provision of section 12 and 14 (1) of the Criminal Procedure Act, Cap, C41, Laws of the Federation of Nigeria, the highest a private person may do is to arrest the person reasonably suspected to have committed an offence and hand-over the person to the local police. This is the limit the Aluu community would have legitimately done. Therefore, under the law of God and man, the villagers have no right whatsoever to end the life of the four students in the manner in which they did.
Interestingly, the police seem to be dutifully on top of the situation. But in all frankness, can we say that the police did their statutory duty of protecting the lives of the four students in the circumstance? What about the alleged involvement of the sacked sergeant Lucky Orji in the beating of the students? Clearly, there was a breach of statutory duty by the police.
The policemen at the scene ought to have prevented the lynch of the students. That is an explicit duty of the police under section 33 (2) (a) of the 1999 constitution. Unfortunately, the police, by both commission and omission allegedly precipitated the unlawful murder of the four students.
But while we crave for justice, I think the real justice can only be done and manifestly seem to be done if the accused persons are given a fair trial, which is their constitutional right. They should be prosecuted by the State and if found guilty, punished according to the law.
Meanwhile, the traumatized parents and guardians should be compensated adequately, though no amount of money can replace their beloved ones.
Elijah is a final year law student, Rivers State University of Science and Technology, Port Harcourt.
Steve Elijah
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