Crime/Justice
Police Incursion Into Land Matters
Dispute over ownership of land is an entirely civil matter. Civil matters of such nature are decided at the courts with competent jurisdiction. In Rivers State disputes over land ownership are either resolved at the High or Customary courts.
Pathetically, the police are beginning to wade into land matters without compunction about the legality of action.
Interestingly, however, when the police want to make incursion into civil matters especially land disputes it usually couches it in a manner that will belie their quest for pecuniary gains. Most times a party involved in the land dispute would be arrested on the suspicion of exhibiting conduct likely to cause a breach of public peace.
Indeed, the Police as crafty as they are, draft charges against suspects with regard to the sizes of the pockets of nominal complainants.
Sometimes, a party to a land dispute is outrageously charged with murder or cultism in order to put him in the gulag and allow time for the nominal complainant to continue development on the property in dispute.
It’s indeed important that each time a matter is reported to the police, they intend to be totally supportive of the complainant so long as he is ready to foot the bills. But the suspect is at the mercy of both the police and the nominal complainant.
Unfortunately, a bizarre situation is playing out on the land at back of Anti-Cultism Police Unit, Rukpokwu, Obio/Akpor Local Government Area of Rivers State.
Purchasers of land at Eliokpokwu-Odu, Rukpokwu at the back of the Anti-cultism are faced with hydra-headed problems of multiple claims of ownership. Each claim of ownership comes with a price to pay.
Those who bought parcels of land from Rukpokwu community are also buying same from Rumuagholu. Yet still the purchasers have to pay a ransom to one Mr. Douglas Tenko who is alleged to have no business on the said land in dispute except as a land grabber.
Mr Tenko is alleged to be the head of land grabbers’ group.
According to a source, he is also allege to have a plethora of goons who are at his service.
Report has it that legitimate land owners are allegedly harassed, intimidated and oppressed by Mr. Tenko and his goons, a situation which has made victims appeal to Governor Nyesom Wike of Rivers State and Inspector General of Police, Usman Alkali Baba.
On the one hand, Mr. Chinedu Nnanta, the supposedly land owner was recently arrested by a team of policemen from Force headquarters, Abuja and charged to court for murder. He was remanded in Port Harcourt over the charge of murder of a man he has never met in his life.
His only grouse is that he owns the land everyone is seeking to grab.
Mr. Tenko is obviously working with policemen scattered in different locations across the nation.
In Port Harcourt he is alleged to be working with someone high ranking officers. He is also alleged to be working with men at Zone 16, Yenegoa, Bayelsa State and officers at Force headquarters, Abuja. Most police officers who are in the scheme are often compensated with parcels of land.
A plot of land in the area cost between N7, 000, 000 to N14, 000,000 depending on the positions.
Interestingly, history has it the land in dispute exclusively belongs to Mr. Chinedu Nnanta, a property he was said to have inherited from his father. It used to be marshy palm wine trees plantation which he inherited from his father.
Chinedu Nnata is in court with some members of the community over trespass to his property but the community members wouldn’t go to court to defend their matter but instead have decided to use the police to harass, intimidate and prevent legitimate owners from developing their property.
Anybody who dares to go develop his property legitimately purchased from the beneficial owner is framed up on a murder charge and remanded in prison custody. The moment the defendant abandons the property he legitimately purchased, he is left off the hook, discharged and acquitted. The scenario is benumbing and pathetic yet these things happen.
Don is alleged to be selling the plots illicitly acquired to a certain estate developing company in convinance with some members of Eliokpokwu-Odu.
However, there is growing concern that land grabbing is fast becoming a vocation for the violent men in the society especially those who believe that might is right.
But the fact that it has become commonplace doesn’t make it right. Mr. Chinoye Okoha, a Port Harcourt based lawyer who spoke to The Tide recently expressed surprise at parties to a land dispute are seeking resolution in the wrong places.
According to him, it has become worrisome that the police are beginning to wade into areas exclusively under civil jurisdiction.
He said such ugly situations did not help matters as parties were increasingly finding it difficult to resolve land disputes.
He warned that police intervention or intrusion could escalate issues between parties in a land dispute.
Mr. Okoha noted that the only way land disputes could be deescalated was to take them to court.
The lawyer also noted that law enforcement agents ought to be non-partisan in the complaints that were made to them. He said that such non-partisanship would help to build trust in the police.
Okoha remarked that the involvement of the police in many unlawful businesses was destroying trust. He described a situation where an innocent person is sent to prison by the police for self-gratification as deplorable.
He said that the picture of a man who drowned in a canal had become a cliché, much over used to implicate owners of parcels of land in the area.
He said that the likelihood of communal conflict between Eliokpokwu- Odu community in Rukpokwu and Rumuagholu was rising by the day just as the price of the land in the area was rising.
The lawyer called on the Inspector General of Police to warn the police to stay away from areas strictly under the civil jurisdiction of the courts. According to him, where the rule of law applies the self-help is abandoned.
Also speaking, another Port Harcourt based lawyer, Mr. Chijioke Agi, noted that unless government woke up to the grim realities of land grabbing, the attendant horrors would remain unspeakable.
Mr. Agi said it was disheartening that such illegality goes on in a society where law and order were entrenched.
He expressed regrets that a breakdown of law and order was often preceded by unresolved injustices predicated by blatant inability to get justice.
He said people would often ask for peace but only few people asked for justice.
Mr. Agi pointed out that the entrenchment of justice would be a necessary precursor for peace.
He said apart from police involvement in land matters, some policemen were also involving themselves in tenancy matters which he said went against the grain.
However, Royal Estate residents have raised alarm over the horrible situation they had found themselves. They issued press conferences that were relayed on both the electronic and the print media.
What is left is for both the federal and state governments to act fast to deescalate tension in the area and assuage the pains of beneficial owners of parcels of land.
Indeed, the chairman of Obio/Akpor Local Council, Hon. George Ariolu, is expected to wade into the matter to stop unlawful transactions going on in the area before everything goes berserk.
By: John Enyie
Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.
Esaenwani Baribor Ferguson
Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.
The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.
King Onunwor
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