by FIDAFIDA Nigeria Statement condemning the growing trend of jungle justice meted out on women who have allegedly committed crimes
It is likely that you woke up to another video being circulated online, of a female being stripped, beaten and tortured for allegedly committing a crime. This harmful practice of stripping and shaming females has been happening for decades, not only in Nigeria but in other parts of the world and with the advent of social media it has become more obvious how often this abhorrent trend occurs.
Today, FIDA Delta is carrying out a march against dehumanising and inhumane treatment of women in Delta State in response to an incident which happened last week in the State. A special adviser to the Delta State governor on security, allegedly took his thugs to abduct a woman who ‘disrespected’ him. They stripped her naked, tied her up, flogged her, recorded it and put it on the internet so that they could shame her. The question is, who is really meant to feel ashamed? Is that really the best way to get justice?
Yesterday, FIDA Edo carried out a mega protest march to demand justice for a woman who was stripped, beaten and assaulted by some men on the allegations that she stole a phone. The men thought that it was commensurate justice to insert pepper into the woman’s private parts and to film the cruel and dehumanising act. In response to the viral video, the Nigerian Police Force have arrested 6 suspects and have issued a statement warning against the dire consequences for persons who resort to criminal acts of self-help. Two wrongs will never make a right.
Social media is being used in an attempt to shame the women but it is having a double effect by switching the conversation on the harmful justice tactics being used. Jungle justice is a human rights conundrum. On the one hand the perpetrators of it are seeking to enforce their own rights but on the other hand they end up violating another persons rights in the process. This is because it is a violation of the fundamental right to a fair trial as enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria (as amended) 1999. The right to a fair trial not only encompasses the right to the presumption of innocence, but also the right to have their case heard by a court or tribunal. Furthermore, such harmful jungle justice tactics are also a violation of Section 34 of the Constitution of the Federal Republic of Nigeria (as amended) 1999 which outlines that every individual is entitled to respect for the dignity of his person. The aforementioned provisions are absolute fundamental rights which should not be curtailed in any circumstance.
The mob system of jungle justice makes it easier for people to feel less guilty and less responsible for the crimes they commit against alleged criminals. It can be argued that a lot of people engage in these harmful ‘justice’ practices because they really do not know any better. Perhaps they are not aware that there are laws which can provide them with proper remedies. Perhaps they are unaware of the due process to follow when seeking justice for an alleged crime. Perhaps they lack trust in the criminal justice system. Regardless, such methods of discipline cannot continue to be seen as acceptable.
The culture of impunity for perpetrators of these harmful jungle justice practices must be brought to an end. It needs to be costly for people to brutalise others. We need legislation and policies in place which categorically outlaw jungle justice. We need aggressive sensitisation campaigns against jungle justice. Even more importantly we need to reform our criminal justice systems so that less people will deem it necessary to take matters into their own hands.
FIDA Nigeria remains committed to the promotion, protection and preservation of the rights of women and children in Nigeria. We exercise our mandate through the provision of free legal representation for indigent women and children and also by advocating for gender friendly reforms of the law. We are currently representing the lady in Edo who was subject to the cruel insertion of pepper into her private parts and we will work to ensure that true justice is served in her case. Please contact us if you are a victim or if you are aware of any other cases of jungle justice which falls within our ambit.
Signed,
Rhoda Prevail Tyoden
Country Vice President/National President
Eliana Martins
National Publicity Secretary
by FIDAFIDA Nigeria E-Flier on Female Voter Participation
by FIDAInternational Day of Zero Tolerance to FGM
by FIDAFIDA Nigeria Statement on the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.
“When tyranny & oppression come to the land, it will be in the guise of fighting crime” ~ James Madison
On Friday, 25 January 2019, the legal sector was jolted by the news that President Muhammad Buhari had suspended the Chief Justice of Nigeria, Justice Walter Onnoghen and immediately replaced him with Justice Tanko Muhammed as the Acting Chief Justice of Nigeria. The International Federation of Women Lawyers (FIDA) Nigeria expressly condemns this unconstitutional act by the President and notes that this is a move which signals a total disrespect for the Rule of Law and in turn the fundamental rights of the citizenry. This is not only distressing, it is absolutely objectionable.
Immediately after the act, President Buhari explained in a 25-paragraph speech that he was complying with an order made ex-parte by the Code of Conduct Tribunal (CCT), which was dated the 23rd day of January 2019. In paragraph 10 of the speech, the President noted that “Nigeria is a constitutional democracy, and no one must be, or be seen to be, above the law.” Yet, it is contended that the very reason the President relies on as a motive for the swift suspension of the Chief Justice of Nigeria (CJN), is what he essentially has disregarded. By undermining and contravening the provisions of S292 and paragraph 21(b) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) on the process for removal (temporary or permanent) of the CJN, President Buhari can be said to be acting above the law.
In August 2018, at the opening ceremony of the Annual General Conference of the Nigerian Bar Association, President Buhari made a remark that shook the nation, when he said that “the Rule of Law must be subjected to the supremacy of the nation’s security and national interest”. That statement gave a deep insight into the flawed governing strategy applied by the President and the Federal Executive Council. The President’s suspension of the CJN is a clear example of this flawed governing strategy. Respect for Rule of Law and protection of the fundamental rights of the citizenry is the foundation of any democratic society, and so issues of national interest must be dealt with in accordance with the Rule of Law, and with due regard for fundamental Rights.
The curious speed and timing of the progress of the Tribunal trial of Justice Onnoghen suggests a coup against the judicial arm of government and an attack on the independence and integrity of the Judiciary. The law is expressly clear on how the CJN can be removed from office and neither the Code of Conduct Bureau nor the Code of Conduct Tribunal are vested with that power. Due process for the removal of the CJN is by recommendation of the National Judicial Council, followed by an address presented to the Senate of the Federal Republic of Nigeria, which then requires approval by a two-thirds majority vote. No aspect of this process was followed and this confirms neglect for due process and the Separation of Powers which the Constitution so clearly provides for and guarantees.
Furthermore, the President can be seen to be acting against court orders from the Court of Appeal and the Federal High Court which he ought to be aware of, and this is deeply distressing. If the President can be seen to foster the culture of impunity which is already so entrenched in the Nigerian society, where then is the hope for regular citizens that the legal system can be entrusted? Where is the hope that the right to a fair hearing will be enforced and secured? How can the government maintain its authority to demand that its citizens comply with the Constitution if it does not do so itself? There are so many questions to ask in this sorry saga. If the Federal Government is really a respecter of the Rule of Law, then it should also respect due process of the law, and it should show Nigerians this by immediately complying with all valid and subsisting Orders of court made against the Federal Government. If the government seeks to fight corruption, then due process ought to be followed, and a lack of due process indicates an abuse of power and sets a very dangerous precedent.
The President should not be seen to be acting above the law and fostering the culture of impunity. The suspension of Justice Onnoghen ridicules and reduces the integrity and high status of the third arm of government which is the Judiciary…the last hope of the common man. Where impunity reigns, abuse is commonplace and the women and children who are typically the most vulnerable in society suffer most.
FIDA Nigeria therefore calls for the immediate withdrawal of the suspension of the Hon. Justice Onnoghen, the Chief Justice of Nigeria, in order to avoid further crippling the independence and effectiveness of the Judiciary. President Buhari not only risks the credibility of the upcoming general elections in Nigeria, but also demeans the legal profession and risks damaging the reputation of Nigeria in the international community.
Signed:
Rhoda Prevail Tyoden
Country Vice President/National President
Eliana Martins
National Publicity Secretary