{"id":87196,"date":"2024-11-05T09:13:17","date_gmt":"2024-11-05T09:13:17","guid":{"rendered":"https:\/\/dnllegalandstyle.com\/dnl\/?p=87196"},"modified":"2024-11-05T09:13:17","modified_gmt":"2024-11-05T09:13:17","slug":"how-to-bring-dishonourable-mascot-ikwechegh-to-justice","status":"publish","type":"post","link":"https:\/\/dnllegalandstyle.com\/dnl\/how-to-bring-dishonourable-mascot-ikwechegh-to-justice\/","title":{"rendered":"How to Bring (Dis)honourable Mascot Ikwechegh to Justice"},"content":{"rendered":"

By Onikepo Braithwaite<\/strong><\/em><\/p>\n

Shocking Treatment of Alleged Minors by Law Enforcement and the Nigerian State<\/strong><\/p>\n

What\u00a0exactly is going on in this country? Politicians like former Kogi Governor, Yahaya Bello, Senators Orji Kalu & Elisha Abbo etc, are allowed to get away or seem to be getting away with committing serious economic and other criminal offences, while alleged underaged, poor children are detained, illegally detained in adult facilities like the Intelligence Response Team, Abuja (IRT), nicknamed \u201cAbattoir\u201d which is a place where animals are slaughtered (obviously IRT isn\u2019t known for its humane treatment of suspects), instead of a Borstal which is a Youth Detention Centre, possibly starved in detention, and charged to the Federal High Court as adults for terrorism and trying to overthrow the Government! This is so shameful! Many of us watched the shocking video\u00a0clip, of\u00a0their appearance in court on Friday. Sections 151 & 204 of the\u00a0Child\u2019s Rights Act 2003 (CRA)<\/strong>\u00a0stipulates a child must be charged to a Family Court and be subjected to the child justice system.<\/p>\n

Though one of the Prosecutors claimed in a press briefing after their court appearance, that none of the children were underage, you could see that several of the detainees were Minors, including the one who collapsed in court, maybe early teens at best! One of the NGO Lawyers, in a Channels TV Politics Today interview on Friday evening, claimed that out of 75 suspects, at least 38 are Minors, possibly between the ages of 12 & 15, which for purposes of the CRA means someone below the age of 18 (see Sections 21 of the CRA, 494 of the\u00a0Administration of Criminal Justice Act 2015<\/strong>, 12(1)(b) of the\u00a0Electoral Act 2022,<\/strong>\u00a07 of the\u00a0Sexual Offences Act\u00a0<\/strong>& 23(5) of\u00a0Cybercrimes Act 2015)<\/strong>. Also see Section 29(4)(a) of the\u00a01999 Constitution of the Federal Republic of Nigeria (as amended in 2023)(the Constitution)<\/strong>, which defines \u201cfull age\u201d as 18 years and above. Part II of the CRA confers the same fundamental rights in the Constitution, on children.<\/p>\n

These children were arrested following the #EndBadGovernance Protest in August, and allegedly detained by virtue of a 60 day\u00a0\u00a0ex-parte court order. No charge was brought after the 60 days (they were brought to court after about 80\/90 days or so). Their fundamental rights, appear to have been breached by the authorities. See Sections 34(1)(a), 35 & 36 of the Constitution & Sections\u00a0\u00a06, 9, 10 of the CRA. Also see the case of\u00a0Ransome-Kuti & Ors v AGF & Ors (1985) LPELR- 2940(SC) per Kayode Eso, JSC\u00a0<\/strong>on fundamental rights being rights that stand above the ordinary laws of the land, and are a guarantee against inhuman treatment.<\/p>\n

Should the trial Judge not have ascertained if the court had jurisdiction to try all the suspects, based on the fact that some of them may have been Minors, and hence, taken to Family Court? Instead, the court granted these poor children bail, on conditions that they can never meet, while the matter was adjourned till January, 2025! Children who were said to have been on the street protesting against hunger (see Sections 40 & 41(2) of the Constitution & Sections 6 & 9 of the CRA on freedom of association, peaceful assembly and movement), were given bail conditions of N10 million, 2 sureties in the like sum who are Level 15 Civil Servants and family members! If they had such family members, and those who have access to such funds, it is doubtful that they would be on the streets protesting about hunger! It means that the court doesn\u2019t want them released! Section 165(1) of the\u00a0Administration of Criminal Justice Act 2015 (ACJA)<\/strong>\u00a0provides that bail conditions must not be excessive. See\u00a0Ransome-Kuti & Ors v AGF & Ors (Supra)<\/strong>, on excessive bail not being required. The issue of jurisdiction aside, I submit that the bail conditions given to these children were harsh and excessive. The charges filed against these Minors, is a story for another day.<\/p>\n

In allegedly bringing underaged children to an adult court, several provisions of the CRA were violated. By virtue of Sections 149, 151(b), 152(4)(a), (b) & 204 of the CRA, the Family Court at the Magistrate or High Court level, is the proper venue for matters concerning criminal proceedings against children, depending on the weight of the charges, not the Federal High Court.<\/p>\n

How can Nigeria honestly be looking for FDI from countries that uphold the rule of law, if no one, not even children, but guilty politicians, are spared from the wrath of the authorities? They will be scared to invest in Nigeria, in case they become victims in the event of a dispute.<\/p>\n

While this gross abuse of the rights of less privileged children is going on, people like (Dis)honourable Ikwechegh are given preferential treatment to escape justice.<\/p>\n

D\u00e9j\u00e0 Vu! (Dis)honourable Mascot Ikwechegh vs \u2018Senathug\u2019 Elisha Abbo & Danladi Umar<\/strong><\/p>\n

I wonder if any of you my readers recalls my 2019 piece\u00a0\u201cThe Trials of Senathug Abbo\u201d<\/strong>, at the time when the\u00a0Undistinguished Senator Abbo<\/strong>\u00a0then representing Adamawa North Senatorial District, assaulted two ladies, Biba and Kemi, at a sex shop, Pleasure Chest Store, located at Banex Plaza, Abuja.\u00a0(Dis)honourable Ikwechegh\u2019s\u00a0<\/strong>assault of Bolt\u00a0\u00a0Driver, Stephen Abuwatseya, seems like d\u00e9j\u00e0 vu.<\/p>\n

Abbo and Ikwechegh both have certain characteristics in common \u2013 starting with them being bombastic elements, with their inflated opinions of themselves and feelings of self-importance (the \u201cDo you know who I am?\u201d Syndrome); they are violent and have anger issues; they lack respect for their fellow human beings; even though they are\/were purported lawmakers, they have absolutely no regard for the rule of law; they bully those who they perceive to be weaker or less privileged; and they are also loud mouth braggarts. I don\u2019t know who is worse \u2013 Abbo, who assaulted women, or Ikwechegh, who threatened to make Mr Abuwatseya disappear; we don\u2019t know whether the disappearance would have been through magical means \u00e0 la Professor Peller, the famous Nigerian Magician, or it was a threat to kill the driver! A threat to kill is a felony offence in Nigeria, attracting up to seven year\u2019s imprisonment upon conviction (see Section 327 of the\u00a0Criminal Code Act 2004 (CCA)).<\/strong><\/p>\n

At the time, I had stated that if Abbo was allowed to get away with his crimes\u00a0\u201cit would not only send the worst message to the world about our law enforcement agencies, but also about Nigeria\u2019s stand on the equality of all in the eyes of the law, protection of fundamental human rights, gender-based violence and the rule of law\u201d<\/em><\/strong>. See the Preamble, Chapter IV particularly Section 42 & Section 1 of the Constitution. Abbo was arrested, granted bail, and that was the last we heard of the matter! Nothing came out of it, beyond the media hype.<\/p>\n

Barely two years later, the\u00a0former Chairman of the Conduct Tribunal, Mr Danladi Umar,<\/strong>\u00a0kicked and slapped a security guard, Mr Clement Sargwak at the same Banex Plaza, over a misunderstanding about parking spots. He also got off scot free, after breaching Mr Sargwak\u2019s right to dignity and enobling treatment \u2013 see Section 34(1)(a) of the Constitution, and assaulting him amongst other crimes, such as aiding and abetting the Police to intimidate Mr Sargwak (just as Senathug Abbo did) which attracts a punishment of up to 2 years imprisonment or a N200,000 fine or both upon conviction \u2013 Please, note, for those who are in the habit of using the Police and other law enforcement agencies unlawfully against others \u2013 see the case of\u00a0Skye Bank Plc v Emerson Njoku & Ors (2016) LPELR-40447(CA) per Ita George Mbaba, JCA<\/strong>, where the Court of Appeal held inter alia that\u00a0parties who wrongly use agencies such as the Police or any other law enforcement agency to violate the fundamental rights of citizens, should be ready to face the consequences, either alone or with the misguided Agency.<\/em><\/strong><\/p>\n

Options<\/strong><\/p>\n

1) Recall & Suspension\u00a0<\/strong><\/p>\n

And, just like Senathug Abbo who rendered a lack lustre apology, (Dis)honourable Ikwechegh rendered his own AI generated apology! But, the matter goes beyond rendering insincere public apologies, as crimes appear to have been committed. Like Abbo, Ikwechegh was elected to his position; by virtue of Section 69 of the Constitution he can be recalled by his constituents (which will probably not happen).<\/p>\n

The issue of suspension from the House of Representatives (which (Dis)honourable Ikwechegh deserves), even though the\u00a0Standing Orders of the House Ninth Edition\u00a0<\/strong>(SOH) allows 14 days suspension (see Order 10(4) & (6)(d) of the SOH & Sections 21, 22 & 24(1)(a) of the\u00a0Legislative Houses (Powers and Privileges) Act 2018)(LHPPA)<\/strong>\u00a0appears to be unconstitutional, as it would deny Ikwechegh\u2019s constituency representation in the House during the period of his suspension, contrary to Sections 42(1)(a) & 49 of the Constitution. Also see the case of\u00a0Dino Melaye & 4 Ors v The Speaker of the House of Representatives & Ors FHC\/ABJ\/CS\/460\/2010<\/strong>, where the Court held\u00a0the suspension of the Plaintiffs for a legislative session of one year was illegal and unconstitutional, on the ground that a Legislator cannot be suspended for more than 14 days according to the Standing Orders of the House of Representatives,<\/em><\/strong> which is still 14 days too long, since Section 14(2)(a) & (c) of the Constitution also provides that sovereignty belongs to the people, and they have a right to participate in their government. This is done through elected representatives.<\/p>\n

However, as far as suspension is concerned, (Dis)honourable Ikwechegh\u2019s salary, allowances and perquisites can be suspended (see Section 21(3) of the LHPPA); this will affect him personally.<\/p>\n

2) Code of Conduct for Public Officers<\/strong><\/p>\n

(Dis)honourable Ikwechegh is a Public Officer (see Paragraph 3 Fifth Schedule to the Constitution Part II Public Officers for the Purposes of the Code of Conduct). By virtue of Paragraph 9 Fifth Schedule to the Constitution Part I Code of Conduct for Public Officers, Ikwechegh abused his office, and he can be reported to the Code of Conduct Bureau (see Paragraph 12). If he\u2019s taken before the Conduct Tribunal (CCT) and found guilty of abuse of power, the CCT can impose punishment on him, including ordering the vacation of his seat or disqualification from membership of the House of Representatives, and from holding any public office for a period not exceeding 10 years, without prejudice to him being prosecuted in a court of law, if he has committed a criminal offence (see Paragraph 18(2)(a), (b) & (3) of Code of Conduct for Public Officers).<\/p>\n

It is unlikely that the Public Officers Protection Act (POPA) can offer Ikwechegh any protection either. In\u00a0Aroyame v Governor of Edo State & Anor (2022) LPELR-57819(SC) per Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC<\/strong>\u00a0(now CJN)<\/strong>, the Supreme Court held that\u00a0\u201cAbuse of office is use of power to achieve ends other than those for which power was granted, for example, for personal gain, to show undue favour to another or to wreak vengeance on an opponent, to mention but a few\u201d<\/em><\/strong>. Ikwechegh\u2019s actions point to being borne out of malice and possibly vengeance, for Mr Abuwatseya not paying homage to him, as opposed to being for any gain.<\/p>\n

3) Criminal Prosecution\u00a0<\/strong><\/p>\n

Criminal prosecution is also another line of action that can be taken in the Ikwechegh situation; he should face criminal prosecution, not just because that is the procedure which follows such actions in civilised countries, but also because his punishment should serve as a deterrent to other violent politician bullies like him. Section 66(1)(c) of the Constitution can then be invoked against Ikwechegh, so that in the event that he is convicted, he will be disqualified from seeking elective office for a period of 10 years.<\/p>\n

The negative trend of surreptitiously trying to confer immunity from suit and legal process\u00a0\u00a0on Legislators while in office, that the Constitution doesn\u2019t confer on them, must stop. See Section 308 of the Constitution.<\/p>\n

Offences that Appear to have been Committed by Ikwechegh\u00a0<\/strong><\/p>\n

From the video of the Ikwechegh incident, which was available on social media, several offences appear to have been committed against Mr Abuwatseya \u2013 voluntarily causing hurt; use of criminal force against another; threat of assault; assault; contrary to the Sections 240, 242, 262, 263, 264, 265 of the\u00a0Penal Code Act 1960 (PCA)<\/strong>, punishable with imprisonment of one year with an option of fine or both (see Sections 246, 265(a), of the PCA); also threat to life.<\/p>\n

Additionally, Sections 4(1), 14(1), 18(1) of the\u00a0Violence Against Persons (Prohibition) Act 2015 (VAPP)<\/strong>\u00a0appear to have been breached, as (Dis)honourable Ikwechegh also seemed to place Mr Abuwatseya in fear of physical injury and his life; emotionally, verbally and psychologically abused him, and also intimidated him. Section 104 of the CCA also provides for the offence of abuse of office, and prescribes a punishment of two years imprisonment if the act is prejudicial to the rights of another, but not for purposes of gain.<\/p>\n

Conclusion\u00a0<\/strong><\/p>\n

A community reading of the Constitution, the Fifth Schedule thereto (Code of Conduct) and the PCA, show that (Dis)honourable Ikwechegh\u2019s actions could land him in jail for up to seven years, and keep him from public office for up to 10 years, if he is found guilty by the CCT or a court of law. The CCT option is also good, in that, if convicted by the CCT, Ikwechegh will have to serve his full sentence by virtue of Paragraph 18 of the Code of Conduct for Public Officers, and cannot enjoy any prerogative of mercy provided in the Constitution. But, in reality, I\u2019m not sure that anyone expects that anything will come out of Ikwechegh\u2019s criminal behaviour. If it does, it will certainly be a surprise!<\/p>\n

Onikepo.braithwaite@thisdaylive.com<\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

By Onikepo Braithwaite Shocking Treatment of Alleged Minors by Law Enforcement and the Nigerian State What\u00a0exactly is going on in this country? Politicians like former Kogi Governor, Yahaya Bello, Senators Orji Kalu & Elisha Abbo etc, are allowed to get away or seem to be getting away with committing serious economic and other criminal offences, […]<\/p>\n","protected":false},"author":9,"featured_media":48758,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[10],"tags":[],"class_list":["post-87196","post","type-post","status-publish","format-standard","has-post-thumbnail","category-opinions"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t