Director, Legal Aid and Welfare, Tunji Braithwalite Foundation (TBF), Christian Wogu has called on the police and other enforcement agencies not to allow themselves to be used to oppress or intimidate Nigerians.
Speaking during an interview with ARISE NEWS on Thursday, He said the warning was part of wider concerns about Nigeria’s criminal justice system, which he said is wasting people, talent and resources while leaving some detainees in prolonged incarceration.
“So there is a need for the police, particularly on all the other enforcement agencies, to allow themselves to be used as agencies of oppression, of intimidation, and of lowering the sanctity and inviolability of the human person.”
Wogu explained that the case involving Chappell Energy founder and reserve former Joseph Imano had raised broader questions about the administration of justice and protection of fundamental rights. “And when we began to see clashes of court orders, when we saw that two courts of competent jurisdiction, one in Abuja and another one in Lagos, had adjourned this matter to be civil, and actually even awarded 5 million damages against one of the government agencies, we decided to actually look at it more.”
He said the foundation was also concerned about Imano’s health and had sought a court order for him to receive medical treatment.
“And part of our pillars as a foundation is to ensure and ensure human rights and rule of law. So, we felt that it’s a living person, it’s someone that is alive that should actually stand trial.”
Wogu said the foundation’s interest went beyond Imano’s individual case, arguing that the matter could have implications for other Nigerians facing similar circumstances. “It’s not even about the person. It’s about the case that has to be properly pursued in order for other Nigerians as well, who may be in such situation or similar situations, to eventually benefit out of it.”
He also questioned the circumstances surrounding Imano’s continued incarceration, particularly the refusal of bail and decisions allegedly taken without his involvement. “When such things are happening, and there are reconstruction of the company, when his hands are besieged, it raises questions of what exactly is the motivation for his being refused bail, for his not having access.”
Wogu explained that a uch circumstances required closer scrutiny of the justice process.
“You know, decisions are reached at his back. So, it calls for some kind of diligent interrogation. That is what really the foundation is up against.”
He said Nigeria’s criminal justice system was failing to make effective use of its human and institutional resources, particularly in relation to people held in correctional centres. “You find out that the criminal justice system of Nigeria is wasting a lot of people, a lot of talent, a lot of resources, and particularly the males. That is very lamentable.”
Wogu revealed that judges and magistrates should identify cases that can be resolved at an early stage instead of allowing defendants to remain in custody for long periods. “There’s a need to find out cases that can be resolved even on arraignment. It can just be resolved, even if it means giving judgement on the matter, taking trial immediately on arraignment.”
Wogu also proposed that courts should hold sessions inside correctional centres to reduce delays and help resolve cases involving detainees. “There may be a need for the courts to begin to sit at the correctional centres so that we can convince our human beings that at the end of the day, they are husbands, they are fathers.”
He acknowledged that some detainees may be guilty of offences but said those who have no reason to remain in custody should be released.
“I mean, granted, some of them really are culpable. They should face consequences, but let’s first track it. And then those that have no reason to be there should be let go so that they can… You know, it’s just good for a nation.”
Wogu called for greater humanity in the treatment of people in custody, saying anyone could find themselves in a similar situation.
“Let’s be humane. Let’s just have some kind of understanding that it could have really been anybody.”
He said Nigeria had failed to achieve the intended improvements under the Administration of Criminal Justice Act 2015. “Because that Act, 2015, was meant to make the criminal justice administration system much better. We have failed.”
Wogu outlined the problem was not always the absence of laws but how they were implemented within the country’s institutions and values.
“Sometimes it’s not really about the law. Most times we have very good laws, great laws. The operators, The law can only be seen within the context of a nation and the values of the nation.”
He pointed out that the foundation was also examining more than 300 cases as part of its work on issues surrounding the criminal justice system. “We have over 300 cases, by the way, that we’re also dealing with on this matter.”
Wogu further warned against the use of the criminal justice system as a means of exerting power over individuals with fewer resources or connections. “So when people begin to use the criminal justice as a tool, if you ban it, that will be fine by us. You know, I have what it takes. I have the money, I have the connections. I have what it takes to oppress.”
He said police officers require better orientation to prevent them from becoming instruments in disputes brought before them.
“There is a need for real orientation on the police.”
Wogu illustrated his concern with a hypothetical complaint in which a person reports a missing phone and names another individual as a suspect. “Somebody comes and says, my phone is lost. What the police will ask you, who do you suspect? You say, it’s Christian Wogu. They’ll come and they’ll come for me. Statement. Next is trial. I mean, next is charge. Next is, God forbid, detention, and all that, and all that.”
He said enforcement agencies must protect rather than undermine the dignity and rights of individuals. “So there is a need for the police, particularly on all the other enforcement agencies, to allow themselves to be used as agencies of oppression, of intimidation, and of lowering the sanctity and inviolability of the human person.”
Erizia Rubyjeana
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