Opinion
Nigeria’s ‘Charge And Bail’ Syndrome And Justice
With the eventual release of 67 under-aged minors detained for involvement in #EndBadGovernance protests in August, the dust of the entire episode appears to have settled without lessons to improve our justice system’s administration. Between July 31 and August 11, 2024, #EndBadGovernance protests rocked through most states across Nigeria. The protests boiled more in the Northern states where the media carried scenes of arsonists burning down and looting public and private establishments. The protests took threatening dimensions when authorities alleged sighting foreign mercenaries amidst protesters who were raising Russian flags and calling on Russia to intervene in Nigeria’s internal affairs. The police subsequently swooped on protesters, encycling among them about 67 minors. Those caught were taken to the federal capital territory, Abuja, and dumped in detention cells.
Protests having been successfully quelled, Nigerians returned to their daily life hustles, while the minors with their adult suspects languished outside public consciousness. It took the coincidental sojourn in police custody, of one Martins Otse aka VeryDarkMan, for public awareness to be redrawn to a forgotten episode. VeryDarkMan had himself got entangled in police nets for posing in police attires allegedly without authorisation, hence his arrest and detention. But VeryDarkMan’s predicaments turned out to be the very channel through which the incarceration of vulnerable kids by state actors, caught the attention of a curious social media activist. As typical of VDM, sooner had he got freed than he released tales that exposed the ugly conditions of kids he met while in police custody. By then the kids had languished for no less than 90 days without arraignments. Most of them having been ferried from as far as Kano, and away from family supports, had starved immensely with pitiable signs of deteriorating health.
In the face of the exposé, police authority swinged into a flurry of actions that within hours, saw all protest detainees arraigned before a court wherein they were committed to prison on stringent bail conditions. Apparently, VDM’s exposé helped the police suddenly crack difficult nuts and untie knots they could not achieve for over 90 days. And quite surprisingly, lingering investigations got concluded within hours while charge sheets got ready for the courts. Was the police in a hurry to extricate itself from an already ugly situation? Even for treasonable offences, the delay in prosecution and the silent manner in which the suspects were incarcerated speak volumes about the inhumane nature of our law enforcement systems, and highlights the nature of maltreatments many other suspects have had to undergo contrary to the primordial principles laid down for the protection of human rights and dignity, even in custody.
That kids protesting against hunger were rounded up and set to languish in hunger for three months, should be deplorable enough to engender empathy. Yet notwithstanding the pitiable conditions in which the fragile kids appeared in court, the presiding judge ruled that, “The defendants are granted bail in the sum of N10 million each, with two sureties in like sum. One of them must be a Level 15 civil servant, and the other a parent of the defendant.” Such indifference smacks of our justice system’s high-handedness and its deposition to using a sledge hammer to punish an errant fly. Whereas, government should lead in the protection of the most vulnerable in society against any form of physical and emotional trauma, ours has become wanting in that regard. It was therefore no great surprise when public outbursts greeted both the exposure of the incarceration and the eventual terms in which the kids were sent to prison.
Many civil society organisations, human rights activists, former presidential candidates, and many others, expressed anger on discovering the inhumane treatment, prompting the Attorney-General of the Federation (AGF) to immediately take over the case files. But with a presidential intervention that finally ordered all charges dropped and all detainees released, it appears to be another closed cycle. However, some Nigerians are calling for sanctions against the Inspector-General of Police, the trial judge and the AGF for allowing such incarcerations against under-aged persons, while others complain that our justice system’s ‘charge and bail’ syndrome does not allow full dissecting of public issues to beneficial conclusions. Some question that, even as Nigeria Police Force Public Relations Officer, Muyiwa Adejobi, insists that children above the age of seven can be charged to court, does Nigeria’s Child Rights Act stipulate that offending kids should be remanded among hardened adult criminals, rather than with trusted guardians?
Does the raising of foreign flags even during protests constitute treason? And for how long should suspects be in police cells before arraignments? On the flip side, the raising of Russian flags might genuinely be worrisome considering the spate of military expeditions across Nigeria’s neighbours in the Sahel, where with alleged Russian backings, military juntas have over-thrown governments and severed Western alliances in favour of Russia. Allowing unbiased investigations into the motives behind the alleged call on Russia to intervene in Nigeria’s internal affairs coupled with the raising of flags during the protests, should have revealed any broader implications. This becomes more pertinent in the face of on-going rumours about coup plots. If our law and justice establishments had been more forthright, all suspects should have been profiled within the stipulations of legal frameworks that ensure humane handling, and the protection of our national integrity.
The outcomes of diligent prosecutions should also have availed Nigerians who supported the protests solely for the genuine purpose of ensuring good governance, the opportunity of knowing if truly the protest was hijacked, how and by whom. In Nigeria, hundreds of arrests go on daily but end up without insightful closures, in a common phenomenon referred locally, as ‘charge and bail.’ Some cases stall due to the frivolity of their origins, and some due to bribery, sheer frustration or politics. While submitting that the trauma of the incarcerated kids should not be swept under the carpets without some consolations, there is need for sanctions against their incarcerators. However, President Tinubu’s order that discharged in one swing, both adult suspects and the maltreated kids, whether out of political calculations having achieved an aim of silencing a protest, or to enable justice, has just repeated an over-beaten cycle – our penchant for ‘charge and bail.
Joseph Nwankwor
Opinion
Judicial Fraud And Land Grabbing

About six years ago, my client, a UK-based Nigerian widow, became the target of an audacious scheme orchestrated by a notorious syndicate of land grabbers operating under the guise of a land owning family in Ikeja, Lagos. Their objective was clear: to dispossess her of her rightful ownership of three plots of land situated behind the former Tasty Fried Chicken building on Opebi Road, Ikeja. In a disturbing abuse of judicial process, these individuals approached a Magistrate Court then at Ikeja Local Airport, and by misrepresentation and fraudulent manipulation, secured a writ of possession against my client. It appeared their strategy was anchored on the assumption that the rightful owner was deceased. However, unknown to them, my client was very much alive, she only passed on last year.
Following this fraudulent judgment, the land grabbers, aided by a lawyer with an infamous reputation in the Ikeja axis for such sharp practices, took swift and forceful possession of the land. They began advertising the property to prospective buyers, offering each plot for several millions of naira. Upon being alerted by my client’s tenants, I conducted a search and discovered that the defendants had surreptitiously instituted the action using one of their own as the purported adverse party, who did not contest possession. Realising the magnitude of the fraud, I promptly secured my client’s Certificate of Occupancy and filed an application for joinder and a motion to set aside the judgment, backed by robust documentary evidence and affidavits deposing to the true facts.
The defendants, in a desperate and laughable defence, relied on a purported judgment allegedly delivered in the 1920s, claiming global ownership of lands stretching from Ikeja to Agege. When pressed to produce a survey plan or other definitive means of delineating the land covered by such a judgment, they failed woefully. The supposed plan was neither attached nor frontloaded.Fortunately, the presiding Magistrate, a sharp, fearless, and principled judicial officer saw through the deception and set aside the judgment accordingly.
What followed was a calculated legal standoff. After some days passed, I anticipated that the defendants would file a notice of appeal along with a motion for stay of execution, I acted strategically: by 8:00 a.m. of that day, possession had been recovered, effectively foreclosing their efforts to frustrate justice. They served their notice of appeal and motion for stay by 9:00am as I had anticipated.
Predictably, they resorted to harassment by filing a spurious petition at the Lagos State Police Command, alleging trespass. When that failed, they escalated the matter to the Assistant Inspector General of Police at Zone 2, Onikan. However, following a comprehensive review of all court documents and the title records, the Assistant Commissioner of Police, an officer of commendable integrity, sternly warned the fraudulent parties and their counsel never to return with such frivolous claims. He also threatened legal consequences for presenting forged or misleading documents. Regrettably, such land-grabbing tactics are far from isolated. I am presently handling another similar matter at the High Court of Lagos State, Ikeja Judicial Division. In this case, a property owner based in Jos, who has been in undisturbed possession of his land since before the Nigerian Civil War, was excluded from a suit for possession. The Plaintiffs falsely claimed adverse possession and obtained judgment using a family member as a nominal defendant. This is a land that had been returned to the owner (my client) by the Lagos State Government post-war, after a temporary wartime acquisition.
That matter is ongoing, and we remain confident that justice will again prevail. These cases serve as stark reminders of how certain individuals exploit procedural loopholes, such as substituted service and fictitious defendants, to perpetrate judicial fraud. It is common practice for notices of service to be pasted at the premises at odd hours, quickly photographed, and removed before anyone notices, thereby fabricating compliance with due process. This modus operandi, if not checked, undermines the integrity of our justice system. It may very well explain the plight Mr. Peter Obi’s brother, whose reported dispossession, despite a valid Certificate of Occupancy and long-standing possession, calls for judicial scrutiny and legal redress. While the wheels of justice may turn slowly, they remain capable of grinding exceedingly fine, provided legal practitioners act with diligence, and judicial officers remain vigilant and impartial.
There is a compelling need to amend our procedural rules regarding the use of unnamed or unknown persons as defendants in land litigation. Courts, both at High Court and Magistrate level – should be mandated to conduct locus in quo inspections where defendants are purportedly unknown or where substituted service is claimed. Such reforms will deter fraudulent practices and restore public confidence in the judiciary.In conclusion, let it be reaffirmed: the Nigerian legal system, though imperfect, is still a formidable instrument for the protection of property rights when wielded with integrity, precision, and tenacity.
Ubani, is a legal practitioner and public affairs analyst, Legal Advisor of Assemblies of God, Nigeria.
By: Monday Onyekachi Ubani
Opinion
Why Not Ban Alcohol Sachets?

As the National Agency for Food and Drug Administration and Control (NAFDAC), contemplates banning the production, distribution and consumption of sachet alcoholic beverages across Nigeria, the move has raised mixed reactions among Nigerians and interest groups. According to NAFDAC the proliferation of sachet alcoholic beverages has been linked to abusive usage resulting in increased health complications, and drunk driving that causes road accidents. The Federal Road Safety Commission (FRSC) corroborates some of NAFDAC’s claims. FRSC records show that the 10,617 road accidents recorded in 2023 were due mostly to over speeding and drunk driving.
It is noteworthy that the availability of alcohol in less than 200ml PET bottles and in sachets, makes alcohol quickly consumable even during work hours. Without standardised packaging and regulatory labelling compliances, most of these sachet products are unregistered, come with questionable contents and form the bulk of illicit alcohol. Though lesser in volume, their high alcohol concentrations makes them highly intoxicating. Their ready availability at motor-parks, increase over-indulgence by commercial drivers, most of whom thereafter mount the wheels on low mental alertness.
Alcohol is known to reduce mental acuity and consciousness of the mind. Endowing its addicts with elixir feelings that momentarily blur reality, the alcohol effect additionally boosts self-rating and confidence, placing addicts on realms of happy possibilities where almost every dream is attainable, even if unrealistically. By the time the effect wanes addicts are known to be sad to face stark reality, which is why most are prone to retaking repeated doses to shoot themselves back to the fantasy world. Such fantasy is also the reason many youths and adults would rather invest daily in game-betting gambles than invest in micro innovations that guarantee real economic advancements.
The dawn of neo-medicinal alcohol being marketed in sachets as herbal remedies for organ cleansing, aphrodisiacs, anti- malarial and diabetes cures, is drawing increasing patronage from gullible Nigerians, even as these claims remain medically questionable. Following the rising patronage, all shades of manufacturing quackery are currently cashing-out from the market. Because of the harmful health effects of quack products, it is no wonder that sicknesses relating to organ-damage and male impotency are on the increase. Apart from drunk-driving and the health risks posed by over-indulgence in alcohols, the precious time wasted by addicts in unproductive day-dreams, which should have been deployed to meaningful economic ventures, is also a concern. In times of economic difficulties, as presently facing many Nigerians, there is need for mental clarity to enable one articulate ways out of hardships.
These outcomes may have informed NAFDAC’s decision to pursue banning easily consumable volumes of alcohol. If the ban becomes successful, those who like alcoholic drinks would still enjoy them by taking bigger packs which are low in concentration. Bigger bottles are likely to be consumed at leisure times after work due to their sizes. At that point, most consumers must have spent a productive day, yet have time to enjoy some booze. NAFDAC’s decision to ban unhealthy, anti-productive alcohol packs should therefore be encouraged. It is however, unfortunate that even as NAFDAC had set a long-term goal to achieve the ban, from as far back as 2018, through the then Minister of Health, Prof. Isaac Folorunsho Adewole, and had engaged manufacturers on a five-year phase-out plan, the ban has failed to materialise. This is despite the signing of a five-year moratorium document between the Distillers and Blenders Association of Nigeria (DIBAN) and the Association of Food and Beverage & Tobacco Employers (AFBTE) on one hand, and the Ministry of Health, NAFDAC and the Federal Competition and Consumer Protection Commission (ECCPC), on the other.
Recall that same year, the minister had out-rightly banned over-the counter use of codeine syrups following a BBC documentary on the consequences of its abusive use in Nigeria. NAFDAC’s inability to check the indiscriminate use of sachet alcohol years after the expiration of the signed moratorium highlights how vested interests may stifle good institutional objectives. It becomes worrisome when the pressure on NAFDAC to shelve the ban on harmful alcohol is coming through a hallowed institution, like the House of Representatives. NAFDAC had swiftly introduced the ban on February 1, 2024 after the expiration of the five-year moratorium. But no sooner had the House come upon it to lift the ban. At the moment, the ban stands temporarily lifted till December 2025 even as lobbies intensify.
For the house to claim that “the ban was ill-timed because of the current economic conditions, staggering unemployment, soaring inflation and high rate of poverty,” it raises many questions about the rationale of members of the house, considering the correlation between alcohol addiction and the inability to exit poverty. Members of the legislature should be from the finest minds who go for the sublime. Why would members of the House choose to endorse a situation that is currently ensnaring many into addiction and anti-social behaviours, than safeguard societal sanity? Even as members of the house argue that sachet alcohol sales is sustaining some micro businesses, the anti-social behaviour and health risks engendered by such sales out-weigh any derivable economic benefits.
Opponents of the ban who support the house may also argue that the ban targets low-income earners who patronise sachet products due to affordability, and may further point out that substitutes of other herbal/alcoholic concoctions being marketed as health remedies are available through unregulated markets. Bowing to such arguments would mean that NAFDAC should choose a defeatist position, wherein it has been overwhelmed at discharging its core mandate of safeguarding the health of the nation. As NAFDAC mediates through legislative challenges and lobby groups, members of the executive should bear on the assembly to allow the institution pursue its core goals. Not doing so would be to build a nation of drunkards, where lunatics roam the streets.
By: Joseph Nwankwor
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