Law Enforcement Review, June 2003. Center for Law Enforcement Education The centre for Law Enforcement Education (CLEEN) is a non-profit and non-governmental organisation. It is established to assist in the reorientation of law enforcement agencies in Nigeria, particularly the police and prisons service, with a value system that places highest premium on right to life, security of persons and property, physical and psychological integrity; as well as educate civil society in Nigeria on its basic rights in relation to these agencies. These goals are pursued through research and publications, human rights education and community empowerment programmes.

Law Enforcement Review, June 2003.

2 Law Enforcement Review ‘... Let Justice Roll Down Like Waters’ From the Editor Editor-in-Chief Innocent Chukwuma ‘Broken Jinx or Re-formed Crisis?’ loyd David George (1863-1945), Ist Earl of Dwyfor, British statesman and prime minister (1916-22) once poignantly asserted that “Education without God makes clever devils”. Editor LLloyd George’s statement on education is even more truer for elections. Elections without God, anywhere anytime, creates only vagabonds in power (VIPs) who translate democracy Chijioke Odom into a demonstration of craze, with themselves, the bigots and apostates of such insidious order emerging as nothing more than demons crazy for power, more power, and much more power! Elections rigging, or votes manipulation, is, arguably therefore, a hatefully and shockingly evil. Not just because it is at once a bare-faced robbery of the inalienable right of the people to participate in their own government but, put in a more telling metaphor, the stealing, the theft of their voices. EDITORIAL BOARD Both in its notoriety as a factual incident and in the form of its manifestation and precedents, electoral fraud has remained the singular heaviest and biggest albatross perpetually fastened Innocent Chukwuma - Editor-in-Chief on Nigeria’s fragile neck in her much bungled search for a democratic, participatory system Chijioke Odom - Editor of political governance. Its principal forms had been perfected and executed with precision, Anthony Opara - Member time and again in successive elections in 1963-1964, 1965, 1979, 1983, 1999 and, the latest, Eziuche Ubani - Member the just concluded April 2003 general elections. If the incredibly massive riggings alleged to have been perpetrated during the April polls are anything to go by, then Nigeria, with her Edetaen Ojo “ delicate patchwork of over 250 restless ethnic nationalities, is right about to begin another Eze Anaba “ journey into political pain. For votes robbery is a direct subversion of the constitution (with Oguwike Nwachuku “ terrible developmental consequences for the populace) and the democratic form of government instituted by the constitution and this, as such, tantamount to treason, though not in the George Oji “ technical narrow sense defined in the nation’s Criminal Code.

But much more painful is the very invidious pattern and method employed in elections rigging BOARD OF DIRECTORS in Nigeria’s 42 years of political history, and it is this that has turned the phenomenon into the sinister, malevolent plague that it has become. Often, the pattern for perpetration is Ambassador Lamidi Maliki - Chairman systemic and private, perfected in great secrecy and, under, unfortunately, the special Dr. Etannibi Alemika supervision of supposedly mediatory umpires in sacred places, thus enabling the whole unholy enterprise to be shielded from the prying eyes of election observer teams (both domestic and Frank Odita international). This further compounds the burden of proof in cases of protest at the law Dr. Mahammed Tabiu courts or tribunals on the elections’ outcomes. Little wonder therefore, that elections have Josephine Effah-Chukwuma remained miniature wars in Nigeria since all parties had to deploy their biggest arsenals to meet their end. Consequently, the nation had trundled along with an unbroken jinx of civilian- Chidi Odinkalu to-civilian transition for 42 years. Jide Nzelibe Mellisa Crow The April 2003 general polls was, therefore, supposed to break that jinx and national curse. Innocent Chukwuma But since the results were declared, beginning with the National Assembly polls of Saturday April 12, the country’s political barometre has moved up a notch. The opposition parties are still crying foul. They accuse the ruling PDP of bare-faced rigging and massive manipulations SECRETARIAT of the polls. Innocent Chukwuma Executive Director And their complaints are not without merit. For the plethora of both foreign and domestic Chijioke Odom Senior Programme Manager election observers or monitoring groups of the polls have attested to various malpractices and Anthony Opara Prog. Manager, Community Policing misdemeanors in the conduct of the elections. One malpractice which have raised the largest dust is the issue of inflated ballots. The international observers, and the domestic groups too, Obo Effanga Jr Prog. Manager, NOPRIN painted lurid graphic pictures of these developments, most of which took place right in their Danesi Jafar Prog. Manager, Police Accountability presence with the active connivance of the electoral officials. There is also specific mention of states or even wards where this practice was very glaring. These include Rivers, Enugu, Imo Kemi Asiwaju Prog. Manager, Law Enf. & Gender and Bayelsa among many others. Nnenna Okenyi Administration Manager Reality, or factual happenings during the elections, which eventually gave birth to the monster Florence Oke Accountant called the controversial results, deserves a fuller, thorough and decisive treatment by way of a reportorial expose. Analytical insight into the observed pattern of electoral fraud during the Toyin Ibrahim Secretary April polls is also very instructive to enable all guard against a reoccurrence. And that was Simon Ibanga Driver exactly what we did in this edition of LER. Why? INEC chief, Dr. Abel Guobadia, the doctorate degree holder in physics and Nigeria’s former ambassador to South Korea has Law Enforcement Review is emerged in the past few weeks as the man who conducted Nigeria’s most controversial and published by the Centre for Law Enforcement vilified elections. Politicians massed across the rest 29 parties have since developed the faces Education of someone trying to give birth in public – knotted faces etched with pain and embarrassment. The human rights community, greatly shocked by the elections outcome literally perceive the 1, Afolabi Aina Street, Off Allen Avenue electoral body as reeking of a combined smell of rotten Okro soup and Dan Fulani pomade. Only Ikeja, P.O.Box 15456 the truth can set the records straight and perhaps prove whether the jinx has been truly Ikeja, Lagos. Nigeria. broken or if it fooled Nigerians by assuming a different, albeit clandestine shape. Tel: 234-1-4933195 LER serves you the self-evident truths about the election which were directly uncovered in the Fax: 234-1-4935339 field both through its own watchful eyes and that of both the domestic and international E-mail: [email protected] election observers. Titled: “WHAT MANNER OF ELECTIONS!”, the overwhelming evidence website : www.kabissa.org/cleen speaks for itself. Stay with LER. Support for the publication of Law

Enforcement Review is provided by the ______Ford Foundation EDITOR Law Enforcement Review, June 2003. 7 FACT FILE

By CHIJIOKE ODOM Nigerians Lead in Drug Crimes in The USA, Britain and Saudi Arabia, Says Interpol.

Figures from the International Police(Interpol) indicate that about 14,883 Nigerians were arrested between 1979 and 1988 for importing illegal drugs worldwide, with majority of arrests taking place in Britain, the United States and Saudi Arabia. Similarly, in May 1992, before the US Senate Committee on Foreign Relations, Melvyn Levitsky, assistant secretary, Bureau of International Narcotic Matters declared that Nigerian traffickers and their surrogates account for most of the heroin seized at US airports. He Bank Frauds on The Increase, N5.5million claimed that in 1991, 31 percent of 756 heroin seizures at airports involved Nigerian nationals Lost Daily and 11 percent involved other Africans likely to have been recruited by Nigerian networks. At the ecent investigative findings by LER A clear instance of the insider collu- height of what appears to be a hyperbole picture is conclusive that fraud and sion or involvement could be seen in painted about the magnitude of Nigerians’ forgeries are on the increase in the the case of Broad Phase Ventures, a involvement in drug trafficking, TransAfrica, a R US lobby group claimed in 1995 that Nigeria was Nigerian banking industry. More startling is Lagos-based commodity trading responsible for 80 percent of heroin trafficking in the revelation that most of the fraud and company. Three members of its finance United States. forgeries are either initiated or aided by and accounts department stole two of bankers themselves. Statistics for last year its cheque leaflets and forged the Indeed, statistics released by the National Drug revealed that for the third quarter, July-Sep- needed two authorized signatures for Law Enforcement Agency (NDLEA) during its 12 tember 2002, 35 banks or 47.88 percent of an the company’s accounts with the year anniversary celebrations in June 2001 reports average number of 71 banks reported that Marina, Lagos branch of a first the arrest of 14, 937 suspects and interception they had experienced one form of fraud or generation bank. With the connivance and destruction of 405,072.23 kilograms of of the bank staff, the sums of N385,000 narcotics during those preceding 12 years. 658 another in their operations. women were said to be among the suspects arrested. and N620,000 were withdrawn within a The banks reported a total of 257 cases of Thus, on the average, it comes to 1,244 arrests two-month period. To date, only per year. This figure, however is considered low fraud and forgeries during the quarter under N230,000 had been recovered from the given the reputation Nigeria has in drug trafficking, review, meaning that an average of three four suspects. though it only reflects arrests made in Nigeria. fraudulent acts were executed per day. Out of these, bankers were solely involved in 96 Nigeria Records 164,392 Road Accidents, Non- cases or 38.1 percent while outsiders per- petuated 74 or 29.4 percent of these acts. Compliance With Road Safety Rules Blamed. The rest of the perpetrators involved in 81 Though the federal government established Abuja to take charge of staff training and develop- cases were not specified. the Federal Road Safety Commission (FRSC) ment, attributes the causes for this carnage on the to ensure safety and sanity on the nation’s nation’s roads as relating to lack of compliance Further statistics obtained from the Chartered roads, available accident records for Nigeria with road safety rules such as observance of road Institute of Bankers of Nigeria (CIBN) shows unearthened in the course of investigations signs, maintenance of vehicles, avoiding over- speeding and not drinking while driving. He fur- that about N5.5million was lost each work- do not reflect any decline. Between 1989 and 2001, for instance, a total of 164,392 ther stressed that adherence to the correct use of ing day in the Nigerian banking system last accidents occurred in Nigeria. Specifically, seat belts could reduce the severity of injuries in an year. Cheque forgery continues to be the Lagos State, the commercial nerve-centre accident. most prevalent form of fraud in Nigerian of the country had a total of 44,988 cases banks, accounting for about 98 percent of during the period. And in the first half of The World Health Organization (WHO) estimates that nearly 1.2 million people are killed in road the reported cases. Other prominent forms 2002, 422 persons were killed in road acci- dents while another 1,401 persons were in- accidents annually with more than four-fifths of of fraud and forgery reported are fraudulent jured in the process. A total of 3,468 ve- the incident happening in developing countries. withdrawals (37 cases or 14.7percent) and hicles crashed during the period. According to WHO, also, road accidents have theft/suppression of cash lodgments made become the world’s third biggest killer. Currently, by customers, which had 21 cases or 8.33 Kayode Olagunju, immediate past FRSC Britain is ranked as the country with the lowest number of road accidents in the world, followed by percent. Lagos Sector Commander recently rede- ployed to the commission’s headquarters in Sweden. Law Enforcement Review, June 2003. 4 INVESTIGATIONS

Oba Sonariwo, the torched palace and the torched exotic limousines Baptism of Fire in Shagamu: Razing of the Palace of Akarigbo Irate youths raze the palace of the Akarigbo of Remo, while protesting the killing of one of them, reports OLUSOLA FABIYI and AKINWALE ABORISADE

ba Michael Sonariwo, the Akarigbo of discovered inside the empty canal. This That singular act had brought an irreparable loss Sagamu, Remoland, in Ogun State of would not have been possible but for the to Sagamu, headquarters of Remoland, Ogun O South-Western Nigeria woke up that dripping of his blood with which he was State. Apart from the Oba’s house, where his Monday morning like any other day. After his traced to the spot where his corpse was wife escaped death by the whiskers, the palace early morning prayer, the traditional ruler headed found. Ogunjimi was said to have been seen was completely razed with all the artefacts and for Lagos, hoping to return to the palace that smoking cigarette in the night, but when relics burnt. This was why Moses Ogunlaja, the evening. But his wishes did not tally with that of asked by a night watchman to explain why Lisa of Remo, who is also the second-in- his subjects, especially the youths. Before his he should be outside at that particular hour, command to the Akarigbo, said “Remo has been arrival, his palace, which had housed many Obas he refused to explain. Thereafter, he was burnt. When there is no Akarigbo, there is no before him, had been set ablaze. The rioters did shot and taken to where his corpse was Remo. It is this building that is called Remo”. not stop at that. In hundreds, the angry youths later found. Ogunlaja was referring to the burnt palace. marched to his private residence. His expansive “Everything we hold dear has been destroyed compound, where different brands of cars were by the youths. Crowns and other items are parked, was equally razed. Some of the cars Twenty-four gone”, the chief said. Incidentally, the chief is “ among those who suffered personal loss. His V- include Jaguar, Peugeot, Nissan, and jeep, Toyota and a limousine. The loss was indeed colossal. boot Mercedes Benz with registration number men and one AM 310 SGM and a story building were also The protest was a result of the death of Kehinde torched. Ogunjimi, a 23-year-old secondary school leaver woman had allegedly murdered by a yet to be identified guard At the secretariat of Sagamu Local Government, on the night of Saturday, March 15. The several vehicles were destroyed. Samuel deceased’s corpse was later dumped in a canal been arrested as Alebiosu, the council chairman, put the number along Sagamu/Benin Expressway. of vehicles damaged at 10 while two were at press time completely burnt down. Several items of office Earlier, relatives had combed everywhere looking ,, furniture were equally vandalized. for his whereabouts until his lifeless body was Law Enforcement Review, June 2003. 5 INVESTIGATIONS

Adeoye Also torched: The Akarigbo’s private residence Nureni Ogunjimi, grandfather to the deceased, said the news of his grandson’s death came to him at about 4pm on Sunday. But for the information given by one Yetunde Osho, daughter of the chairman of Akinsanya Street Landlords’ Association, he said, “we would not have been able to determine the circumstances surrounding our son’s death.” It was alleged that the young Osho revealed to the Ogunjimi that the deceased was brought to her father before he was taken away to be killed. Kehinde’s bloodstain was a telltale sign at Tamikson Nigerian Enterprises Limited, TNEL, a construction company adjacent to the house of the decased. Osho, the street Chairman; Mukaila, aka Director, the proprietor of TNEL, and the company’s night watchman have since disappeared from the town. Nureni: Queries Kehinde’s murder Balogun. Their grudges might not be Tunde Ogunjimi, father of the deceased and who Tunde: Laments killing of his son unconnected with what some people called “the is popularly called Iwalewa, said the selfishness” of those at the helm of affairs who circumstances of his son’s death are unwarranted, killed in the unrest, “but not through police bullet.” Twenty-four men and one woman “marginalise us” in whatever is due to the people “because he was not accused of stealing or of Sagamu. robbery.” Kehinde’s grandfather added: “Though had been arrested as at press time. Adeoye points out that the dusk-to-dawn curfew Kehinde was a tough boy, nobody had ever Also, the issue of vigilante group seems not to accused him of robbery.” Report from the Police imposed on Sagamu would be called off as soon as the situation normalizes. Asked be enjoying the support of the youths. The Criminal Investigation Unit, Sagamu Divisional Balogun, whose house was also burnt, is the Command confirms this claim. why the police response came late, Adeoye said Ahmed Fakorede, divisional police head of the vigilante, while the Aro represents officer, Sagamu, had dispatched his men to the Akarigbo. But Alebiosu says this could not Sunday Adeoye, assistant inspector general of be true. According to him, no one has ever made Police, AIG, Zone 2, said during a press briefing boost security during the President’s visit to Ogun State at the weekend. He says, “It a formal complaint about the activities of the held shortly after the report of the death of vigilante group. If it is, however, proven to be Kehinde that there was no report indicting the took time to recall our men to quell the crisis. Hence the tragic occurrence”. true that some men of the vigilante group are deceased. Adeoye disclosed that the spontaneous found to be terrorizing innocent people, Adeoye riot by the youths led to the burning of 22 vehicles But why would the youth embark on this said he would advise the Akarigbo to “reorganize – 13 of which belonged to the monarch. Eighteen destructive mission? Why would they vent and reorientate the group”. The scrapping of vehicles were vandalized while five houses were their anger on their traditional ruler and the group, according to the AIG, is out of place burnt. The buildings of Sagamu Local Government other custodians of tradition in Remoland ? because the police do not have enough men to behind the Oba’s palace and the National Questions and questions. Plenty of them. man the streets. “It is these vigilante groups Department of National Civic Registration office But only few answers were given. that assist the police, especially in carrying out in the vicinity were vandalized and a generating night duties.” And once they comply with laid- set was burnt. According to information gathered by the down rules, Adeoye insists, they will be allowed magazine, the youths have some grudges to stay. The report sates further that one person was against the trio of the Oba, the Lisa and the Culled from TELL news magazine Law Enforcement Review, June 2003. 6 COMMUNITY SUMMIT ‘Africa’s Refugees Chief’ By CHIJIOKE ODOM une 20 was set aide some refugees social worker, veteran in Ogun State of South-Western decades ago by the General broadcast journalist and Nigeria’s Nigeria, the refugees chieftain who has J Assembly of Heads of States former Ambassador to Ethiopia been to various refugee camps in the and Government of the Organisation of and Resident Representative to the course of his duty, and has seen it all, African Unity (OAU), now African Organisation of African Unity, including all the factors causing refugees Union (AU), as Africa Refugees Day. Chief Segun Olusola, mni. and internal displacements, and the So, on that day, governments from Cape conditions of refugees, etc was recently Town in South Africa to Cairo in Egypt After his diplomatic stint from 1987-1993, he returned to Nigeria appointed by the Federal Government will again, as they have done all over and founded the African Refugees the years, engage in various statecraft as Chairman of the National activities, ranging from absolute trifles Foundation, which is devoted to Commission for Refugees and the management of the root causes to the downright mundane and, right up Internally Displaced Persons. of refugees and internal to the innocuously serious, to mark the day. And as they do so, or rather, At the Community Summit, Olusola remember to do, the refugees Olusola “warns that was both engaging and deeply revealing conflagration which is currently roasting Nigeria should keep its and spoke with such agility and over 42 million of Africa’s entire house in order because articulation that belied his almost population continues to rage unabated. from all his septuagenarian age. Embracing very Warlords strewn across the continent’s consultations at all topical questions on every sensitive chequered geo-polity strike the match, issue about the Nigerian polity that has but it is actually insensitive leadership levels in the African made internally-displaced persons part posturing, characteristic of many African continent, not a single of our nationhood in the past four years leaders, that provide the highly nation or its citizens in of democracy, and the way forward, combustible gasoline. Cote d’Ivoire, Liberia, Congo DR, Sudan, Rwanda, Africa is prepared to Olusola made revelations beyond the Burundi, Uganda, Angola, Somalia... accept Nigerian ordinary and even spoke on the the list in endless, are currently pushing citizens as refugees in problems and challenges facing his out refugees and internally displaced the event of a refugee commission. person (IDPs) as maggots multiply in a crisis in the country decaying excreta. Add these to the ,, He was interviewed by LER Editor/ equally huge number of IDPs in Senior Programme Manager displacements. But before then, as countries like Kenya, Burkina Faso, CHIJIOKE ODOM, Programme Sierra Leone, Tanzania, Guinea, chairman of the then OAU Commisison on Refugees (1988- Manager (Community Policing) TONY Nigeria, etc, what you get is a picture 1993), leader of the OAU Zambia OPARA and Programme Manager of pure and perfect tragedy that has (Law Enforcement and Gender Issues) left its victims homeless and shelterless, Election Monitoring Team (1991), and of the OAU Group on KEMI ASIWAJU. Olusola warns without food and future, and consigned that Nigeria should keep its house in to the cruel fate of failed statehood and Violence in South Africa (1992), order because from all his consultations ethnic, religious, and commercial he addressed international gatherings on refugees, election warlords. at all levels in the African continent, not processes, media development, a single nation or its citizens in Africa is Thus, to give June 20 its appropriate conflict resolution, culture and arts, prepared to accept Nigerian citizens as among others: meaning, LER decided to host to its refugees in the event of a refugee crisis quarterly engaging Community in the country. Please read on. Summit, African continent’s leading Born 68 years ago, in Iperu Remo Law Enforcement Review, June 2003. 8 COMMUNITY SUMMIT

Olusola “Nigerians Would Not Be Welcomed in Any African Country in The Event of A Refugees Crisis” LER: What’s your commission out to injustice become more violent and difficult to achieve with regards to refugees and LER: Can you give us a picture of manage within a given community. There are then internally-displaced persons (IDPs) in these root causes? matters that are more definite like defining who Nigeria? strangers are, who nationals are, who are the Ans: The root causes of refugees stem owners of the land. When societies have not Ans: It is essential that we bear this in mind from conflicts of interest, conflicts that developed philosophies to guide this kind of because refugees become refugees when they have cannot be managed peacefully. Naturally, relationship we find that any group that feels moved from their countries of origin, but there conflicts are to be expected in any human short changed will resort to conflict. are three times more internally displaced persons society. The ideal situation would have been than are refugees all over Africa. The bulk of the for us to set up procedures for managing There are instances of this all over Nigeria. There work of humanitarian intervention is really on conflicts without them becoming violent. are even instances of stranger community and the internally displaced persons and they are in The root causes are primarily injustice, indigenous community in mono-cultural societies. every country where there have been wars. In inequality. You cannot cure injustice by In many parts of Yorubaland there are instances Nigeria we have them in spite of the fact that we ignoring it. The repercussions of sustained of people defining themselves as indigenes of the have not had war. In almost every state of this land and other Yoruba - speaking people in the country we have internally displaced persons. same community as strangers. There are towns In Nigeria we have them in in Yoruba where when it comes to distributing “ resources some members of the community are We have them in Benue State, Osun, Taraba and spite of the fact that we it is a growing phenomenon; so when the said to be strangers. Injustices, re-distribution of President set up this new board and asked me to have not had war. In almost resources that will encourage the drawing of line chair it, he said it was time we took a look at the every state of this country between strangers and owners of the land and, of state of internal displacement. It is the same root course, external influence. causes of refugees that are root causes of internal we have internally It is not always in the interest of some nations displacement. displaced persons. that other nations should be peaceful. Take Nigeria We have them in Benue for instance, if Nigeria should be peaceful and The Commission should appropriately be properly developed, she would constitute a designated National Commission for Refugees State, Osun, Taraba and it is shining example for black communities all over and Internally Displaced Persons. There are a a growing phenomenon; the world-of a nation of 120 million people that few other African countries that have established has all the resources that we have. Will other similar commissions. ,, nations of the world see Nigeria prosper? I know Law Enforcement Review, June 2003. 9 COMMUNITY SUMMIT

from studies of international relations that there because they are the one who have been are nations that are not particularly interested in fingered to exploit these differences for peace and development of Nigeria as a black Africa political, social or economic self- nation. If there are signals that this send to other interests. people they would do anything to truncate such progress. Some of our political leaders must realize Ans: There should be; but if there are this and protect the nation from such external no open palm oil, or open sores, there would influence. To scatter us, some of these external be no flies. It is true that there are some influences will introduce into the nation the people who take advantage of these importation of small arms and weapons of war differences but it can also be said that such deliberately. They point at instances of injustice people are saying that there are differences and instability in order to create problems for us. that should be discussed. What should not happen in a democracy is any tendency to LER: The question of indigeneity or suppress or silence. Everybody should be identity, state of origin, residency, and given the opportunity to express their view citizenship has been one that several points. It is not easy for a country that has governments have been running away from. experienced a lot of military intervention. Do you not see your Commission being saddled What we are appealing to government is to with an enormous responsibility as regards to open up the space. Let the parliament be this. an open one. I think there are still changes that can arise in the constitution with this and met former Ministers, former Generals of Ans: I do and all of us who are members of opening up of the space. It is very tempting the army. You don’t come out of such a place the commission are worried about that. Now the for the people in power to want to manage feeling good. I have entered refugee camps where definition of indigeneity, nationality or residency what there is and yet the questions that mothers were handing over secret notes to me or citizenship is something we are talking about. might be raised would improve the lot of that their daughters were being raped by people When people campaign for the resolution of the many more people. who were there to assist them. A refugee camp is national question and they ask of a conference of not a picnic, it is not the best place to be. To nationalities, it is because many of those people answer your question. Nigeria and many other have observed inequities among the nationalities I have entered refugee African countries can do better with the resources that make up the Nigerian nation-state and I “ camps where mothers available. The temptation for refugees to move support them. We must gather ourselves together out of camps into the local areas to trade, do all to discuss how Nigeria should be reconstructed; were handing over sorts of things is not encouraging. It gives an for instance, how should we rebuild our national secret notes to me that indication that they understand the temporariness resource; how should we distribute it as evenly as of their being in camps. The camps should not possible. These are matters that we should set their daughters were open up to the extent that the inhabitants become months aside to discuss. We may end up reducing traders, wives in the communities; they get so the areas of tension. We may end up leaving a lot being raped by people involved in the communities that there are clashes. of responsibility to the constituent states so that who were there to assist More importantly, government should make problems of development, education, health can adequate provisions for improving living be dealth with at that level. Everybody now is them. A refugee camp conditions in the camps. I visited Oru refugee talking about resources in reference to oil and other camp (at Oru-Ijebu in Ogun State) a couple of minerals but there are other resources such as is not a picnic, it is not weeks ago and it was such an unhappy occasion human resources, wisdom, knowledge and all of the best place to be because they just lost a young woman. I sat with these resources can be devoted to the development the mother of the deceased and as she held on to of the state so that when we talk about the ,, me explaining how her daughter died, what federation, we talk of the federation in relation to LER: But even currently, refugee worried me was that the community started telling other nations. How should Nigeria be configured camps visited in the country are stories about the circumstances of the death of in matter of foreign affairs; national defence can eyesores to behold. What do you that refugee. They were not sure whether she be looked after by a federal government to which recommend as appropriate management was a victim of AIDS and as a result they wanted all the entities have agreed. It takes time to build methodology for the refugees/IDPs to make sure that her burial ground was not on this kind of stable government and I expect this camps? their property. Such a basic perk of life was not administration will offer that opportunity. The available so we had to intervene to enable a portion government has the next four years to achieve Ans: It is always depressing for any of the land to be available for them to bury the this. There is nothing wrong this government normal human being to visit a refugee camp. dead. One tells this story to say that a refugee making the reorganization of Nigeria its priority. I have visited such camps all over Africa. camp cannot be made equivalent of a normal It should be a total reorganization of this country The mere fact that these people were community. Refugee camps are abnormalities. so that we don’t fall foul on matters of equity inhabiting refugee camps in itself creates a Refugee camps would not be existing if we justice, poverty etc. problem for refugees. They look at visitors organize our society well. as people who caused their problems, who LER: One therefore thinks there should will never understand them; so it is As for Benue, the people there are not refugees be a re-orientation of the intelligentsia in depressing. I have gone into refugee camps in strict terms because they are Nigerians fleeing regards to issues such as marginalization etc. from the conflict in Taraba State. Having not lived Law Enforcement Review, June 2003. 10 COMMUNITY SUMMIT

in their state for long they became refugees within Ans: We have looked at the state of the period. This is the core of internally-displaced internal displacement in the country. Three persons we are talking about. Quite simply we months ago we held a workshop in Jos with Quite simply we do not do not have the resources, not one kobo allocation the support of the Nigerian Refugee Council “ to the Commission to match the responsibility who have some interest in internal have the resources, not given us. We are battling with the government to displacement. We did not quite conclude make available resources to us to enable us plan with the amount of money we need for one kobo allocation to the how to rehabilitate the IDPs. The problem in resettlement but a paper is being submitted Commission to match the Benue will remain for sometime even as another to the federal government requesting for agency of government National Emergency some money to enable us study the problem responsibility given us. Management Agency (NEMA), is assisting in of internal displacement. That workshop We are battling with the providing temporary relief materials like blankets, in Jos outlined internal displacement all over buckets, mattresses, etc but not the management, Nigeria. Put the figure at 500,000 persons government to make the support and how to resettle them. which we thought was underestimated and we believe that we need to do more work. available resources to us LER: Can refugees not be processed in We have requested in a general kind of to enable us plan how to such a way as to make them members of their submission that government should make community in which they ran to as refugees? available a grant of One Hundred Million rehabilitate the IDPs Naira to enable us offer temporary relief in ,, Ans: There is nothing in the international such places as Benue, but more importantly, instrument forbidding a refugee from applying to study the state of IDP’s in Nigeria. If shouldn’t relate with state governments. The for resettlement. The ideal situation however, is our works were to work, we would work at Board has met three times. It is composed of the resettlement of refugees to their countries of reducing, if not eliminating, cases of internal mainly federal agencies but the link that we should origin. It is a fairer end to the life of a refugee than displacement in Nigerian. We need the have with state governments has been absent. a mass adoption of refugees in their countries of The commission must set mechanism for refugee. We know that in Europe, for instance, cooperating with state governments. The that the Africans who have sought refugee there Nigerians should commission cannot deal with internally -displaced have not had support form the host community. “ persons without cooperating with state All of Europe are getting uneasy about the be working governments. presence of Africans in their countries. Countries of asylum are becoming reluctant to offer asylum LER: Have you conjectured what would to Africans. One appreciates what the Ivoriens towards ensuring be the effect of a refugee situation from did to enable the former Nigerians from the war- Nigeria upon Nigeria’s immediate torn Biafra who fled there after our civil war to at peace and justice neighbours and,the stability of the West least settle in that country. In fact, the truth of African sub-region given Nigeria’s that incident is that there was no formal adoption because no African population. into the Ivorien community and immediately after they found it difficult to retain their properties country is willing Ans: This is the summary of this there. to accept Nigerian interview. The answer is so germane to what Nigerians should be doing now. Nigerians LER: How much in terms of finance are should be working towards ensuring peace you looking at in order to carry out the refugees and justice because no African country is objectives of your commission successfully? ,, willing to accept Nigerian refugees. I was money to set up the structure to look after speaking to some pensioners in Benin IDP’s. To take care of IDP’s we need Republic about three months ago and they We have requested in a chapters of the commission in every state. said to me; Chief, whatever you can, do to general kind“ of submission Right now we operate from Abuja with an keep your country in order. They were senior office in Lagos and a camp in Oru, another public officers in Cote’d’Ivoire but they were that government should make camp in Maiduguri to look after ingress of Benoinese and they saw the trouble in Cote available a grant of One people from Chad. d’Ivoire and they said it would be impossible Hundred Million Naira to for any West African country to absorb LER: Would your commission seek Nigerians if they were to be refugees. enable us offer temporary assistance from state governments. Nigerians would not be welcome in any relief in such places as African country in the number they would Ans: There is a failure in want to go if there was any problem to turn Benue, but more importantly, communication between us and state them into refugees. It is the responsibility of to study the state of IDP’s in governments and, if there is anything we government to manage our problems Nigeria must pay attention to, it is this kind of internally so that Nigerians do not become cooperation. That the commission is a refugees. The media should assist in making ,, federal agency does not imply that it Nigerians live in peace. Law Enforcement Review, June 2003. 11 COMMUNITY SUMMIT “There Are Misfits in The Police” -Oyo State Police Commissioner Mr. Kevin Opoke is the Oyo State Commissioner of Police. He recently marked his one year in office as the state number one policeman. Compol Opoke in this interview with SUNDAY SAANU, discussed the police force and its men, admitting that there are mis- fits in the force and gives reasons for corruption in the police force in Nigeria.

LER: You recently marked a year in office as Oyo State Police Commissioner; how has it been policing the state in the last 12 months?

Ans: Well, it’s been so challenging, it’s been so interesting. When I was deployed to this state, I had this feeling whether I will be able to cope given its size and large- ness, but I made up my mind to cope. As a well-trained police officer, no situation should prove insurmountable, hence, I made up my mind to work, and it has been so rewarding. There were certain measures we Kevin Opoke: Oyo State Police Commisisoner relaxed, and there were others we resusci- Landrover and another vehicle for the were in your room and they would go with tated to combat crime, and each time we Divisional Police Officer (DPO); and their families. But now, we don’t have bar- failed to do those things, it will reflect in the now, I am in the whole state talking of racks any longer. level of crime rate. By and large, I thank one lorry. I am now working on my own God for the success so far and I thank the to refurbish two more lorries. These days, our allowances are not even people of Oyo State for the useful informa- regular, whereas in those days, it wasn’t so. tion they have been passing to us. But we In those days whether you were going I was once in Police Mobile Division, still need more, because without correct and on transfer, your house would be ready sometimes, we would go on bush exercise, reliable information we cannot do much. in the next station, including those of and before coming back, our allowances the rank and file. So that when you were ready. Those things are no longer there, LER: If you consider the state of the moved, within two or three days, you so government should address these issues force as at the time you joined the police and re-equip the police. and what is currently happening to the force, where will you say things have gone I was once in Police Mobile LER: Given that more is expected from the wrong? “ police now, especially with democracy in Division, sometimes, we place, what would you suggest as the way Ans: Oh my God!, police have been badly would go on bush exercise, out? neglected by successive governments. Those things we enjoyed in those days are and before coming back, our allowances were ready. Very simple. Like I said, re-equip the police, no longer there. Can you imagine that as accommodate them, give them the big as Oyo State is, I have only one lorry, I Those things are no longer wherewithal, pay them the allowances and am only trying to recover two more lorries, there more importantly, don’t force the bad people, but in those days, every police division had the failures, into the police. If all these could a lorry, and not only that, they had a ,, be done, there will be no problem. That is Law Enforcement Review, June 2003. 12 EXECUTIVE SUMMARY

why you find out that any time we are out- there will be a change. I decided to give side this country for assignment, we do well, out all my mobile numbers to members and we come back into the country and we of the public so that they can reach me are handicapped because there are no equip- on any issue and I will attend to it. Stop ment. giving the police bribe. In Oyo State we have dismissed some of our men The environment is not conducive. Police caught collecting money and we have work requires necessary skill and equipment. disciplined many others, just let us In those days before you were recruited into have the information, we will act. the force, you would be thoroughly screened, but now, influential people, people in high LER: What day will you regard as places will write note and force misfits into the saddest in your carreer as a the police. That is part of the problems.

LER: There is this belief that no matter In those days before you “ way round. Police sacrifice so much for this how comfortable government makes the were recruited into the police to be, your men will still go to the road country. And when a policeman is killed, we and collect N20 notes from the motorists. force, you would be don’t get adequate sympathy from the pub- Don’t you agree with this? thoroughly screened, but lic. Only few members of the public will phone and solidarise with us. It is not good now, influential people, Ans: I don’t agree. It is the society that enough. We deserve public sympathy in this corrupts the police. Stop giving us bribe. Do people in high places respect because we sacrifice so much to you know that on many occasions, before will write note and force keep the society at peace. police stop vehicles for checking, motorists are already stretching out their hands to give misfits into the police LER: Is Nigeria ripe for state police? bribe? We are encouraging members of the ,, No, we have not developed to that stage. public to stop this act. policeman? See what is happening in some states. If Ans: Whenever any policeman is Resist to give even when policemen demand there are state policemen, some governors killed. I am not happy each time a for it. Say no, tell them you are ready to report will just be using the police to oppress, policeman is killed by robbers, because them at the nearest police station or to their intimidate and suppress their political I believe it should have been the other commissioner of police. And you will see opponents. I believe we have not developed to that stage. LAW ENFORCEMENT REVIEW ADVERTISEMENT RATES Effective June, 2003 Special Offers BLACK & WHITE All Rates Attract A Full Page (ROP) = =N=46,000 Discount 1 /2 Page (Upright) = =N=36,000 1 /2 Page (Across) = =N=33,000 All rates attract a discount 1 /4 Page = =N=25,000 including classified, spot announcement, supplements, COLOUR special coverages, products or Full Page (ROP) = =N=50,000 corporate promotions, and special Inside Front Cover (IFC) = =N=58,000 Inside Back Cover = =N=60,000 placements or prefered positions. Outside Back Cover (OBC) = =N=65,000 Contact: THE EDITOR ARTWORK CHARGES LAW ENFORCEMENT REVIEW Artwork and colour separation can be made on 1, Afolabi Aina Street, Off Allen Avenue request for specific charges By Alade B/Stop, Ikeja-Lagos. : 01-4933195 Fax: 4935339 Law Enforcement Review, June 2003. 13 THE NATION

Suspected Serial Impersonator in Police Net “losing his ID while in service with the NSO.” Konduga Local Council, Alhaji Kaka Mala Yale; en of the Borno State Police Command While serving with the NSO, it was gathered the Head of Service (HOS), Alhaji Yusuf Ngulde; have arrested one Malam Bukar Gado for that Gado was employed by the BRTV in 1983 the Managing Directors of Borno Investment Mimpersonation and forgery of 12 different but resigned in 1986, four years before he Company and CBDA and 12 other people. All the personalities and duping them to the tune of was dismissed by the NSO in 1990. In an amount paid by some of these people hit N210,000 N210,000. Parading the suspect at the police interview with LER at the state CID or more”. headquarters in Maiduguri recently, Police headquarters, the suspect, who appeared to Commissioner, Mr. Azubuko Joel Udah disclosed be firm in accepting all the allegations leveled But when asked what motivated him into that Gado was arrested following a tip-off. against him said: “I Bukar Gado of Gwange impersonating people, he replied: “It was gross residence has accepted and agreed to all the frustration and the need to survive and feed my He said that apart from writing fictitious letters to crimes I have committed in the last four family. This occurred after junior brother, Alhaji five different institutions and local councils in the years.” Nur Dungel, the current Commissioner of state, two video cassettes were also recovered from Education refused to employ me after I submitted his residence in Gwange, Maiduguri. According to He said he is not disputing any of the several applications to his office.” the police boss, Gado claimed to be a senior producer allegations of impersonation and forgery, with the state-owned media house, Borno Radio adding that his arrest by the police was the Asked of the lessons he had learnt after his arrest, Television (BRTV). He explained that the strategy will of God and not because of the dragnet of the suspect broke down in tears, saying: “I have of the suspected impersonator was to write letters the police. Asked how many people and not only destroyed my image, but the image of my to prominent government official, politicians and institutions he had impersonated he said: children growing up have also been destroyed for businessmen and women on their needs and “Top in the list were the former chairman of ever…” importance of being aired in the television and radio stations in the state. Financial Crimes Commission Inaugurated Between N50,000 and N75,000 was being demanded by Gado for the services rendered. The police Federal Government has inaugurated a 19- many Nigerians going about believing that they commissioner told reporters that the suspect had member Economic and Financial Crimes can earn a living without working for it but you been in the dubious business since 1999. Among the Commission with a pledge to stamp out all are going to put a stop to that,” he told the institutions the suspect had duped, he said, were forms of economic crimes, advance free commission. Agabi charged the commission to Kaga Local Council, Board of Internal Revenue, fraud (419) and other financial sabotage deal with perpetrators of economic fraud Borno Investment Company, Borno State Education against the country. Inaugurating the “whether big or small, local or international” by Research Centre, and Chad Basin Development prosecuting them. Authority (CBDA). commission on behalf of President Olusegun Obasanjo in Abuja over the Underscoring the importance the administration Other documents retrieved from Gado’s house, he weekend, the Attorney-General of the said, were the identity cards (ID) belonging to BRTV Federation and Minister of Justice, Mr attaches to the war against fraud and corrupt and the defunct National Security Organisation Kanu Agabi, said government’s resolve to practices, Agabi said that government was ready (NSO) now State Security Services (SSS). Gado, he fight economic crimes is total and to expand the prisons if need be to accommodate added, was dismissed from the service of the NSO in unequivocal. those to be convicted by the commission. He 1990 but that the suspect claimed he was dismissed told the members that their appointment to the from the service because of what he described as “Today marks the death of 419. There are commission was purely on merit based on their track record, saying the success of the crusade Police Raid Cross River Community, Kill Two would depend on their hard work and integrity.

Two persons allegedly lost their lives recently Inspector-General of Police personally led Mallam Nuhu Ribadu, an Assistant following gunshots injuries they sustained on the a combined team of military and mobile Commissioner of Police, heads the Commission, Saturday eve of Easter as they were on Easter Policemen numbering about 150 and which members the Attorney-General enjoined procession in Akamkpa, Cross River State. The heavily armed, into Akampa town.” to live above board and not to succumb to shooting incident occurred when the police The petition signed by Mrs. Lawrencia temptations or accept to be bribed in the course suspected to be posted for election duties to the Effiong, Akamkpa Women leader, Ntufam of their assignment. area opened fire on the procession Micheal Effiong, clan head of Ekarebe indiscriminately at St. John’s Catholic Church North, Akamkpa Youth leaders and Ntufam Responding, the chairman of the commission, Parish in Akamkpa local government Dickson Asuquo, clan head of Ekarebe Ribadu, pledged that the commission would work headquarters. South alleged that the “sole purposes of tirelessly to arrest the increasing rate of economic the Police was the violent invasion of the crimes in the country. He regretted that the The alleged killings came when the two in community, including burning down of “Efe prevalence of large-scale fraud and corruption company of others, including the clan head of the Ekpe Hall”. has done incalculable damage to Nigeria’s image, community , Ntufam Dickson Asuquo who and was scuttling attempts to bring development sustained injuries, were carrying out a candle light “The security agents had in their company to the people. Easter Procession at the Church premises as the three known members of the Peoples police who had then occupied the village shot at Democratic Party (PDP) namely, Mr. Other members of the Commission include Mr. them. About six others also sustained various Charles Ikpeme, a councillorship candidate Emeka Ifezulike, Mallam Dahiru Ado-Kurawa, degrees of injuries and are now lying critically ill from Mbarakon ward in Akamkpa LGA, Alhaji Abdullahi Odeh Attah and representatives in a hospital in the area. In a petition written by Mr. Mba Etim, son of the Commissioner of Ministries/Extra-Ministerial Departments as some community leaders of the area and addressed for Local Government Affairs, Ntufam members. President Obasanjo signed the Bill on to the Inspector-General of Police, Mr. Tafa Francas Etim Effiong and Mr. R. Offiong, Economic and Financial Crimes Commission into Balogun and the National Security Adviser to the the headmaster of model primary school, law in December 2002 against the backdrop of president, it was alleged that “an Assistant Uyanga town”. growing international concern over the matter. Law Enforcement Review, June 2003. 14 COVER

What Manner of Elections!

Was the April 2003 general polls free and fair or one huge festival of fraud and farce? Was the supervisory electoral body, INEC and other assisting agencies like the law enforcement agencies credible, or compromised and corrupted in their conduct of the polls? And, by implication, did the winners emerge through election as Nigerians who cast their votes expected or through ‘selection’? Questions, fierce anger, controversy, and allegations of massive rigging and gross manipulations mount like a firestorm as Nigerians allege an unholy betrayal of public trust, national interest and popular will through unholy connivance in the most sacred and highest places. CHIJIOKE ODOM digs beneath the surface to provide answers trapped in self-evident truths Guobadia which abound in the field reports on the elections. Law Enforcement Review, June 2003. 15 COVER

Waiting for voters... INEC officials at a polling both; result of voter apathy

ev. Father Matthew Hassan Kukah is Then Kukah released the thunderbolt National public opinion and international ob- not a man lacking in wisdom and satirically: “My hope is that our leaders servers’/monitors’ reports are trenchantly ob- reverence. Even those who oppose his would not do us 419 as the general elections jective that the elections were neither free and Rwide-ranging views on equally every would take place on a 419 day”. fair but rather a huge jamboree of fraud and farce. aspect of the nation’s, socio-economic polity Even as anyone may try to put down the admit that they find his logic compelling and his Kukah’s audience instantly caught the fever bitterness, disputations and contestations on the presence unignorable. as his barbed little parable broke through election results by Nigeria’s army of politicians their mental defences and warned them of massed across the 30 parties as the desperate Shortly before the now hugely controversial April the forthcoming insidious influences in the gambit of loosers in a political battle for power, 2003 polls, Kukah who featured as the guest lec- planned elections. Simply: April, the month but not equally so the revolt of the Nigerian turer at a conference organized by a committee of on which the polls are to be held is the electorates or voters who sorrowfully but quietly friends for the celebration of Nigeria Labour Con- fourth month of the year. And, the abstained from further voting in the States gress’ president Adams Oshiomole’s 50th birth- Houses of Assemblies elections which held, day prophetically but satirically captured in the Saturday, May 3 in protests that the results of finest colours, the brouhaha and shenanigan that the two previous elections of April 12 and 19 will attend the then yet to-be-held polls. The bitterness“ is re- did not reflect their legitimately expressed inforced by the reports of choices in the balloting process. They openly The lecture was entitled: “Democracy And Deep- defended and justified the massively shocking ening Inequalities In Nigeria”. Kukah took the both local and foreign nationwide apathy on the grounds that the People audience on a mental and moral adventure that observers which asserted Democratic Party (PDP)-controlled federal uncovered a relationship between the then antici- government led by President Olusegun Obasanjo, pated polls and the notorious but worrisome Ad- without equivocation, and in unholy but treacherous connivance with the vance Fee Fraud, otherwise known as ‘419’ – both backed by facts that the Dr. Abel Guobadia - led Independent National a synonym and euphemism for section 419 of the conduct of the elections Electoral Commission (INEC) and some other Nigerian Criminal Code which penalizes as crime apparatuses of the state used a combination of the obtainment of any items or good by tricks or were nothing short of surreptitiously sophisticated strategies and fraud or false pretence. under-the-counter deals means to thwart real and genuine public will as expressed through the ballot. Standing before the packed audience, Kukah ,, ingeniously brought out a cardboard paper. On it presidential and governorship elections Indeed, among every of the nation’s patchwork was boldly written, 419. He held it up for all in were to be held (and did hold) on the of over 250 restless ethnic nationalities and 513 attendance to see, and to see very well. Saturday, the 19th day of April. Put linguistic groupings is the resonating crescendo of defiance against the PDP victory which they With his audience still bewildered, Kukah invaded together, it translates to 419! interprete as manifestly dubious. Guobadia’s their psyche with an even greater bewilderment INEC is unreservedly cast in crimson colours as by asking them concerning the paper in his hands: Events during and after the April polls have incredible and corrupted, having compromised a “What is this?” Expectedly, the crowd roared proved Kukah’s ingenuous prophecy mediatorial or arbitrational supervisory role by “419”. absolutely right in every material particular. Law Enforcement Review, June 2003. 16 COVER

EU-EOM Chief Observer, Mr Max Vanden Ber (right) at press briefing Chief Simon Okeke, PSC Chairman allegedly substituting ‘election’ of candidates with happened during the polls. He says: “The did not see the light of day. The other parties ‘selection’. The bitterness is re-inforced by the PDP, like a thief in the night, perfected a failed to succeed. The message that the poor reports of both local and foreign observers which massive plan of rigging which was so voters received was that PDP was more serious asserted without equivocation, and backed by sophisticated that even professional since money worked for them. facts that the conduct of the elections were noth- observers did not understand what ing short of under-the-counter deals. happened. “The pre-stuffing of ballot boxes aside, there was some genuine voting in favour of PDP in some of Many Nigerians across geographic, ethnic, reli- “There were PDP agents in police uniforms. those South-West locations. Perhaps the PDP gious, socio-economic, political, cultural and gen- There were INEC officials who worked might still have won in those places without der divide are unanimous that the parties which actively for PDP. Most painfully, there were stuffing ballot boxes but they wanted huge ‘lost’ the elections are not crying wolf where margins, so they added rigging to what might there is none. Though INEC has declared Obasanjo already have been a victory. Witness the huge victorious with a landslide win, massive rigging Indeed, among every of figures.” and manipulation were the only key tools which “ ensured that, Nigerians contend. Parallel to that the nation’s patchwork of Obasa’s analytical portrayal of the mechanism is the fact that the battery of local and foreign over 250 restless ethnic of rigging and ballots inflation allegedly employed monitors and observers of the election are impla- by the PDP is axiomatic of the aggregation of cable in their bitter questioning of the credibility nationalities and 513 both national opinion on the matter and the of the polls, given their own first hand observa- linguistic groupings is commentaries of chief political watchers, the tions of fraud in favour of the PDP in the field press and opinion leaders as far as the elections and polling stations. the resonating crescendo are concerned. of defiance against the For instance, according to the European Union While opposition parties and candidates scream observer team, “the presidential and a number of PDP victory which they blue murder concerning the election results, but, gubernatorial elections were marred by serious interprete as manifestly indeed the tone for the rejection of the polls irregularities and fraud”. Kenneth Wollack, presi- results was set not by opposition parties. It was dent of the Washington-based National Demo- dubious set by the international and local observers of cratic Institute (NDI) aligned with the EU ob- ,, the elections which were all emphatic in their servers. He says there are “serious concerns about Alliance for Democracy (AD) party condemnation of the outcome of balloting in the legitimacy of the results in certain constitu- members who worked for PDP Painful, but certain states. In fact, the EU’s equally damaging encies” because of “ballot stuffing, rigging, vot- true. The PDP plan was based largely on report was unequivocal that in certain states, ers’ intimidation, violence and fraud”. States where money. But the sheer commitment of the minimum standards for democratic elections were the PDP victory looked dubious, in the opinion organizers of this plan is admirable. In a not met. “Many instances of ballot box stuffing, of independent, local and international observers highly corrupt and pauperized society, changing of result and other serious irregularities include Delta, Edo, Enugu, Anambra, Rivers, Imo, people were given huge sums of money to were observed in Cross Rivers, Delta, Enugu, Cross Rivers, Bayelsa, Katsina, Benue, Kogi, distribute to potential voters and they Kaduna, Imo and Rivers State. The elections in Plateau and Nasarawa. actually delivered. The PDP succeeded. In these states lack credibility and appropriate measures must be taken by the relevant Idowu Obasa, leading journalist and political other circumstances, similarly huge funds authorities,” the EU mission said in its report. commentator gives a very lucid insight into what were passed to organizers and the money Law Enforcement Review, June 2003. 17 COVER

The mission reported that several of its observ- ers directly witnessed one or more cases of elec- tion fraud. “In certain states, particularly in Cross Rivers, Delta, Enugu, Imo, Kaduna and Rivers, the EU Election Observers Mission witnessed or obtained evidence of wide-spread election fraud. The election in these states lacked credibility and appropriate measures must be taken to provide voters with a truly democratic process”. The mission also reported fraud in “a lesser extent” in Anambra, Benue, Edo, Katsina, Kogi and Nasarawa states. “These incidents undermined the integrity of the electoral process in these states and should also be thoroughly investigated”, the EU EOM said.

In the same regard, the Observer team of the US- based National Democratic Institute (NDI) re- porting in its findings corroborated claims of massive irregularities especially during the presi- dential and gubernatorial polls. The NDI team held that there were irregularities committed by officials, activists and supporters of the major political parties and that INEC demonstrated an inability to ensure the overall secrecy and secu- Voters defy the massive downpour to excercise their civic rights during the election rity of the voting and counting process. These, of ballot secrecy. The NDI delegation of they contended, severely limited and even denied about 50 observers from twelve nations in some parts of the country, the ability of Nige- across the world was led by Honourable rians to express their franchise during the elec- Justice Joseph Warioba, former prime-min- tions. The team claimed it observed instances of ister of Tanzania and Kenneth Wollack, NDI ballot stuffing, rigging, voter intimidation, vio- president, “Delegation members witnessed lence and fraud during the collation of results in instances of vandalized, stolen and stuffed several states. ballot boxes” Wollack said. The most scan- dalous, according to the report were the re- “The cumulative effect of these problems sults declared in Rivers, Enugu, and Kogi. seriously compromised the intergrity of the “We have serious concern about the legiti- elections where they occurred and will most likely macy of the results in certain constituen- erode public confidence in the electoral process,” cies” Wollack further said. the NDI observer team proferred. Also included in the NDI mission was such In fact, in a preliminary report by the NDI, the high profile personality as Mr. Sam Mpasu, Oshiomole; NLC President group observed that there were serious the speaker of the Malawian parliament. the preliminary report of the International Re- irregularities and pockets of violence in parts of The group’s report which generally was publican Institute (IRI) which observed the Kogi, Rivers, Bayelsa and Delta States. The body concluded in the same tone as that of the polls in 12 states, also alleged huge malpractices noted that there were irregularities in the elec- many foreign observer groups faulted the in the conduct of the election. The organization toral framework, the voters’ registration process, logistic aspects of the polls, and advised which is linked to the Republican Party of the the campaign period and the conduct of the elec- the Federal Government to try to United States of America noted what it called tions proper. It faulted the four-tier collation pro- strengthen security in election times, and “outright or attempted fraud” in some states of cess and described it as “the only system of its ensure timely delivery and safety of the federation. It said there were “many observed kind in the world”. This system “has proven to electoral materials. The Washington-based instances of obvious premeditated electoral be vulnerable to manipulation and lapses in trans- organization frowned at alleged incidences manipulation”. parency. A common fear of voters was that their of “ballot stuffing, rigging, voter ballots would be counted accurately at the poll- intimidation, violence and fraud”, especially However, in what appears to be an obvious ing sites but later altered in the tabulation pro- in the South-South and the South-East attempt to chart a conciliatory tone, the cess.” saying: ‘The cumulative effect of these Commonwealth observer mission of 22, headed problems seriously compromised the by former Tanzanian foreign minister and former Although the NDI commended the Nigerian pub- intergrity of the elections where they secretary-general of the Organization of African lic for its commitment to the democratic process, occurred, and will most likely erode public Unity (now African Union), and easily Africa’s it noted that there were proven cases of fraudu- confidence in the electoral process.” most respected career diplomat, Dr Salim Ahmed, lent use of ballot boxes, disenfranchisement of Salim, reflected on the attitude of the ordinary voters, altered results, election violence and lack Besides the EU and NDI observer missions, Nigerians to the polls and other issues bordering Law Enforcement Review, June 2003. 18 COVER

on the logistics of the elections. that observer mission. Its direct pronounce- ments on specific and general aspects of The group praised the enthusiasm of Nigerians the elections generated a heated controversy Besides the EU and NDI which ripples were yet to die even as the “ towards the elections, but bemoaned delays in observer missions, the the distribution of electoral materials, non- Nigerian general polls came on streamin adherence to polling schedules, lack of adequate April. Not willing to have another live wire preliminary report of the secrecy in the voting process, poor organization in its hands, it thus towed the sober, diplo- International Republican of the collation process and inadequate matic and advisory line. accommodation for polling activities. Institute (IRI) which ob- Besides the EU, NDI, IRI and Common- served the polls in 12 The observer mission of the 54-nation wealth, a number of other foreign observ- organization of former British colonies asserts in ers monitored the election, and the kernel states, also alleged huge its preliminary report: “From the reports of our of their reports run along the same line as malpractices in the con- team we know that in most Nigeria, a genuine and that of the EU, NDI and IRI. duct of the election largely successful effort was made to enable the On the home front, leading the pack of do- people to vote freely.” It admitted, nonetheless, mestic monitors was the Transition Moni- ,, “But in certain states the election did not go well.” toring Group (TMG), a coalition of 170 It further explained: “In parts of Enugu and Riv- human rights and civil society organizations sembly elections (which held on Saturday, April ers State, proper electoral processes appear to which monitored the elections by deploy- 12), and the Presidential and Gubernatorial polls have broken down and there was intimidation”. ing 10,000 trained and accredited observers (which held on April 19) remains valid, as nothing has happened to alter those situations. The The group tried hard so much to remain on the relevant background observations contained in cheery note. In a television interview later, Salim those reports are hereby adopted in this reports. asserted: “In most parts of the country, the poll- However, the TMG further observes that the ing was peaceful… Most Nigerians have there- conduct and outcome of the previous elections fore demonstrated that they want democracy to have been dogged by controversy, dispute, claims be sustained..” Salim thus advised Nigerians ag- and counter-claims and that this may have had a grieved by the outcome of the polls to seek re- significant effect on the State Houses of dress in the courts, and warned that both “the Assembly elections, especially on the turn-out opposition and the government have a Herculean of voters”. task before them” Among the four reasons the group gave for the Journalists, political and public policy analysts massive voters apathy in the State Houses of and human rights activists strongly believe the Assembly elections, it held seriously that “voters soft tone of the Commonwealth observer team is were disenchanted with the conduct and outcome a direct product of a firm but deliberate resolve to of the National Assembly and the Presidential- stir clear from the kind of scathing criticism it Gubernatorial elections and felt that winners for made on last December’s general elections in Zim- the State Assembly elections are already pre- Tafa Balogun, IGP babwe which caused a lot of sharp division among determined and voting will not really change member-states and government of the organiza- throughout the country. The TMG which anything”. tion. General Abdulsalam Abubakar, Nigeria’s worked in collaboration with the United immediate past military Head-of-State had led Nations Electoral Assistance Department The report revealed, as reported by TMG in its timely report on the elections pointed monitors nationwide that “numerous cases of out what it called “scores of alleged fraud electoral fraud and malpractices, including under- Mr. Festus Okoye who also in many states across the country, often age voting, multiple voting, stuffing of ballot “ papers into ballot boxes, snatching of ballot holds the national publicity with collusion of election officials and se- curity personnel”. The chairman of TMG, boxes, falsification of results, and so on, were office of Nigeria’s body of Mr. Festus Okoye who also holds the na- observed in many States in different parts of the lawyers, the Nigerian Bar tional publicity office of Nigeria’s body of country. Despite the acclaimed low turn-out lawyers, the Nigerian Bar Association, how- throughout the country, there are still maximum Association, however holds ever holds that the reported irregularities results from some states”. that the reported irregulari- are not enough to discredit the elections to the tune of outright cancellation or a re- It further observed “In some cases, in different ties are not enough to dis- run. polling centers across the country polling officials credit the elections to the were involved in electoral malpractices. For In the preliminary report which the TMG instance, in O’ Connor Primary School in Enugu tune of outright cancella- issued on the State Houses of Assembly East, the Presiding Officer was caught thumb- tion or a re-run. elections which held on Saturday, May 3, printing ballot papers and stuffing them into the 2003, the group held that “the background ballot box after waiting for voters who did not to the elections contained in its earlier turn up.” Same was reported for several other ,, preliminary reports for the National As- outrightly named and identifiable polling stations Law Enforcement Review, June 2003. 19 COVER

Obasanjo: PDP had landslide win Buhari: ANPP placed second Ojukwu: APGA placed third chief merchants and ballot box thieves cashed in and presiding officers in several states. bly elections, certain areas of short comings were identified for improvement at the sub- on these obvious lapses to tilt the direction of With special reference to Rivers States where the outcome of the polls. PDP was said by INEC to have recorded a landslide win despite obvious massive Nationwide, the reports says: However, the PSC said in its report that “the abstaintion from voting by voters, the TMG “There was massive“ under-age police acted more professionally than they did report says.” Owing to the low turn out of voting observed in many polling during the National Assembly elections.” voters, in most of the units in Rivers State, Nevertheless, the PSC further said in its report voting closed before 1.00pm. This was done by stations across the country. Many that “the Commission is aware of allegations of the agreement of the PDP party agents, polling of the under-age voters who improper conduct of some police officers. Among officials and security personnel who claimed queued up to vote gave names such conducts were) (i) collusion with politicians that they were moving such ballot boxes to the to scare opponents from polling centers, for collation centers”. and ages that did not correspond to those indicated on the voters example in States like Rivers, Akwa Ibom, Kogi, Enugu, Anambra, Imo etc (ii) collusion with Nationwide, the reports says: “There was mas- cards with which they intended political party agents and thugs to stuff ballot sive under-age voting observed in many polling to vote” boxes and (iii) receiving bribes from politicians stations across the country. Many of the un- ,, so that they can stuff ballot boxes.”It further der-age voters who queued up to vote gave reported “instances like Udi in Enugu, where there names and ages that did not correspond to those sequent elections. This included the per- were reports of police collusion with politicians indicated on the voters cards with which they ceived lopsidedness in the distribution of to undermine the credibility of the electoral intended to vote”. police personnel resources in some states and process”. the absence of the police in 14 percent of the The report significantly noted that: “In the past polling centers observed by PSC roving The PSC said “these behaviours are unacceptable (elections) there have been reported cases of monitors”. It referred to this problem as one and any officer discovered to have been involved manipulation of results between polling centers of “lopsided deployment of police such that in such conduct will be severely dealt with. The and collation centers”, a case which was largely at some polling centers there were many Commission is determined to investigate these replayed in the election under review. It adds police officers while in most centers, police cases and bring the full weight of the law on police further that nationwide; “some members of the presence was inadequate”. No doubt, mis- officers found to have been involved. Members PDP physically prevented elections on grounds of the public are urged to assist the Commission that their preferred candidates were substituted with necessary information on such officers” to by the party”. The LEMT prelimi- enable the PSC “identify those of whom some “ information are available so that appropriate The Police Service Commission, the body statu- nary report on the disciplinary measures may be taken.” torily charged with the oversight of police func- tions and conduct, also monitored police con- elections alleges mas- The Nigerian Labour Congress (NLC), the duct in the elections. As with the first two elec- sive rigging and in- nation’s umbrella trade union also deployed a tions, the PSC deployed a total of 185 roving very significant number of monitors under the monitors to the 36 states of the federation and credible manipula- Labour Election Monitoring Team (LEMT) to Abuja, at an average of 5 monitors per state for monitor all the polls. The LEMT preliminary the State Houses of Assembly elections. tions of the poll re- report on the elections alleges massive rigging and incredible manipulations of the poll results. The PSC preliminary report on the police sults conduct of the presidential/gubernatorial polls Due to the grave underhand practices which the acknowledge that “during the national assem- ,, LEMT observers witnessed, the NLC has Law Enforcement Review, June 2003. 20 COVER

finalized arrangements for its observers to wit- ness at the election tribunals against alleged rig- gers including some governors whom it said were involved in electoral malpractices during the polls.

NLC President Adams Oshiomole who disclosed this in Ibadan, the capital of Oyo State on Monday May 12 said some returned governors actually rigged the elections.

In his words: “In fact, some of these incumbent state government actually rigged their elections (with massive rigging based on the reports of our election monitors). We shall send our monitors to testify against these elected governors “he maintained.

Like Okoye, he maintained that the assertion of the European Union observers should not be used as an excuse to cancel the election adding that Viray Marianne (right) one of the international election observers from the USA in a chat with INEC official at one of the polling booths at Oshodi, Lagos. loosers should learn to be gallant in loosing. Buhari as “a frustrated man”. Statements Besides the TMG, PSC and LEMT, several other as this directly call to question Guobadia But Gana’s blatant lie local groups like the Justice Development and and INEC’s arbitrational impartiality or “ Peace Commission (JDPC) of the Catholic lack of it. Professor Jerry Gana, federal in- failed in the face of one Church and the Federation of Muslim Women formation minister outrighly called the EU single self-evident truth: Association of Nigeria (FOMWAN) among oth- observers spies and saboteurs. And in what ers also sent significant number of monitors, and appears to be the biggest lie ever told by That not even one person their reports were not any different from those him in several years of propagandizing for out of the lot of the of other local or international groups which all all shapes and manner of military screamed blue murder and massive underhand dictatorship, and by extension, currently, battery of local and deals. the Obasanjo government, he said the foreign monitors or the federal government deployed 120,000 In fact, the EU brought the highest number of observers to the total 120,000 polling journalists observers (of all international groups) to monitor stations in the country. Their report, he (international and local) the elections and also provided some of the wid- says, did not alleged any single incident of est coverage. The EU observer group was made rigging or manipulation! ever came across any up of 118 members and monitored the elections one of such alleged in 31 out of the 36 states of the federation. The TMG’s 20,000 observers covered the nation’s federal monitors entire 36 states and Abuja. In his words:“ “In fact, ,, Indeed, in the NDI’s pre-election survey of Ni- some of these incum- But Gana’s blatant lie failed in the face of one geria in November last year, it had warned that bent state governments single self-evident truth: That not even one per- the 1988-89 election was “widely viewed by both son out of the lot of the battery of local and international and local observers as seriously actually rigged their foreign monitors or the journalists (international flawed”. It seriously warned, and in the same elections (with massive and local) ever came across any one of such breath predicted that “ballot stuffing, rigging and alleged federal monitors. And not even the vote tabulation fraud occurred then, and may re- rigging based on the Nigerian Union of Journalists which monitoring occur in 2003, unless strong steps are taken to reports of our election team obtained further information on the federal prevent them.” It seems the NDI prophecy has side acknowledged any knowledge of Gana’s largely been fulfilled given the events of the monitors). We shall ‘invisible’ majority monitors. elections. And in what seems like adding insult send our monitors to to injury, Guobadia has dismissed both the Isues as these and others have made the ‘PDP monitors’ reports ad the protest of politicians in testify against these victory’, appear to Nigerians, as nothing more the most unkind, intemperate and undignifying elected governors” he than a very tainted, and most dubious victory language. He described the complaints of General obtained by tricks. And, right on time, fulfilling Mohammadu Buhari, opposition All Nigeria maintained Kukah’s ingenuous prophecy of the ‘obtainment’ People’s Party (ANPP) presidential candidate, by tricks’, to the extent that Nigerians, bemused who trailed behind Obasanjo in the polls as the and bewildered are still asking, “What Manner desperate outburst of rage by a looser, describing ,, of Election Is This?”. Law Enforcement Review, June 2003. 21 LAW REPORT

No Enlargement of Time Within Which to Hear Election Petition By SYLVANUS OKWUNODULU Summary By virtue of paragraph 2(1) of the schedule 4 to duly elected or returned and that he chief arguments. Counsel for the respondent, on the Presidential Election (Basic Constitutional and Falae, was duly elected and ought to have other hand opposed the application and relied transitional provisions) Decree No 6 of 1999, an been returned. on their counter affidavits and decided legal au- election petition shall be heard and determined thorities in support of their contentions. within 21 days from the date in which the peti- In the course of hearing the petition the tion is filed. applicant filed an application for an order Lead judgment extending the time within which to con- In delivering the lead judgment Muktar J.C.A The Court of Appeal lacks the jurisdiction to ex- clude the substantive proceedings in the stated that the application before it is brought pand the time within which to hear and determine Election Petition. pursuant to paragraph 44 (1) of the Schedule 4 the Election petition of the applicant beyond the to the Presidential Election (Basic Constitutional 21 days provided by statute. Issues for Determination Transitional provisions) Decree N0 6 of 1999 The main issue for determination was and Article 3 and 7(1) of the African Charter on Paragraph 44 (1) of the Schedule to Decree No 6 whether the Court of Appeal can enlarge Human and Peoples Rights (Ratification and of 1999 granting The Court of Appeal power of the time within which an election petition Enforcement) Act Cap 10 Laws of the Federa- enlargement of time in an election petition relates can be concluded having regard to the rel- tion of Nigeria. only to interlocutory applications. It does not evant law. confer jurisdiction on the court to extend time The application supported by affidavit, within which the trial itself should be concluded. according to the learned justice is for which to conduct the substance processing in the election So held the Court of Appeal Abuja, constituted petition before it by such number of days beyond by law to hear presidential Election as court of the 21 days provided for in paragraph 2 (1) of first instance, comprising Dahire Musdapher JCA, the schedule 4 to Decree No 6 of 1999, as the Mariam Aloma Mukhatar J.CA., George Adesola Constitution may consider necessary having Oguntade J.C.A, Justin Thompson Akpabio J.C.A regard to the right of the petitioner to expeditious and Dennis Onyepfe Ejozie J.C.A in a judgment and fair hearing in the determination of his delivered on Thursday 1st April 1999 in suit no petition on the merit and the right of the CA/A/EPPR/12/99 respondents to proffer their defence to the petition. The justice stated that the court as a BETWEEN creation of statute and the jurisdiction rested in Chief Samuel Olufemi Falae it is vested by the section 48 of Decree No6 of 1999. By paragraph 2 (1) of the schedule 4 of the And said Decree, the justice went on to say the General Olusegun Obasanjo and 59 others presidential election must mandatorily be determined within 21 days from the filing of the Facts of theCase petition. The Independence National Electoral Commission Mohammed Uwais: Chief Justice The justice said that upon a dispassionate (INEC) conducted the presidential election Argument of Counsel for both sides consideration of the said paragraph 2(1) and all throughout Nigeria on February 27, 1999 in Counsel for the applicant presented exten- arguments proffered by counsel, He has come to accordance with the provisions of the Presidential sive arguments on the need to grant the the conclusion that after 21 days the jurisdiction Election (Basic Constitutional and Transitional application and relied upon paragraph 44(1) granted them would have been exhausted and by provisions) Decree No6 of 1999. At the election of the schedule to Decree No6 of the 1999 the word of the aforesaid section. the applicant (Chief Olufemi Falae) and the 1st which states thus: respondent (General Olusegun Obasanjo) were the The justice also held that paragraph 44 (1) of two candidates that vied for the post. The appli- “The Court of Appeal shall have power schedule relied upon by both counsel for the cant being sponsored by the All Peoples Party subject to the provisions of Section 49 of applicant, the subject matter therein relates to (APP) and the 1st respondent by the Peoples the Decree and paragraph 15 of the sched- interlocutory matters and not the substantive Democratic Party (PDP). ule to enlarge time for doing any act or tak- proceedings as the one before him. Likewise the ing any proceeding on such terms (if any) African Charter does not apply to the proceedings The 2nd respondent, Chef Electoral Officer of the as the justice of the case may require ex- being an election petition. The application was Federation (Hon. Justice Ephraim Omorose cept otherwise provided by any other pro- refused. Ibrahim Akpata) returned the 1st respondent as vision of the schedule.” being duly elected president of the Federal Re- The view of other Justices public of Nigeria, based on the result of the said He equally relied on Article 3 of the African There was no dissenting views from other election. The applicant felt aggrieved and filed this Charter on Human and Peoples rights (Rati- justices that heard the matter. petition at the Court of Appeal for some relief fication and Enforcement) Act Cap 10 Laws among which is that General Obasanjo was not of the Federation of Nigeria to buttress his Law Enforcement Review, June 2003. 22 INSIGHT

Bakassi Boys And the Undoing of A Governor ANTHONY OPARA dissects with clinical accuracy a compelling investigative expose of how the great heat roused by Governor Chinwoke Mbadinuju’s steamy romance with the state vigilante security outfit, the much touted Bakassi Boys, became his very undoing, culminating in his loss of a second term in office in the just-concluded governorship elections. ost political commentators chairman of the pragmatic Onitsha Anything that cannot be found in the would blame the defeat of the branch of the Nigerian Bar Association market is not worth buying and may not be Governor of Anambra State, (NBA). Their deaths were laid at the found elsewhere. However, Onitsha is not M Dr Chinwoke Mbadinuju on doorsteps of Mbadinuju’s government, just about commerce alone. It is also the the problems created for him by the Bakassi and lawyers in the commercial town birth place of foremost Nigerian nationalist, Boys, the vigilante outfit he invited and made spirited efforts to prosecute the the late Rt. Hon Dr. Nnamdi Azikiwe, the funded to tackle the menace of armed rob- Governor for the murder but their Owelle of Onitsha and the first President of bers in the state. Dr Mbadinuju was the only efforts were frustrated. Under the Nigeria. The city also boasts of very highly Peoples Democratic Party (PDP) Governor Nigerian constitution the Governor educated Nigerians owing to the fact that to be denied a second term ticket. The party cannot be prosecuted for anything the European missionaries first made felt he had become a political liability and done while he retains his office. Now contact with the Eastern heartland of Nigeria therefore jettisoned him. Not one to be that Mbadinuju has fallen from power from the River Niger at Onitsha. In fact it is cowed, he switched allegiance to the Alli- as expected, it would be important to said that the majority of lawyers of Igbo ance for Democracy (AD) under whose plat- analyze the role of the Bakassi Boys in extraction come from Onitsha with the city form he ran for the race and lost woefully to his political demise and to do this, it boasting of a long chain of Nigeria’s Dr. Chris Ngige of the PDP. would be important to take a look into Attorney Generals. the origins of the coming of the Several factors account for the defeat of the vigilante group to Anambra State. With big business came big crime and with rather loquacious Mbadinuju with the time the town made popular by commerce Bakassi phenomenon playing the leading Awka is the capital of Anambra State acquired the notoriety of being the crime role in the events that led to his downfall. but the state’s chief town is Onitsha capital of the nation after Lagos. To say The last in the series of events that broke which also doubles as the commercial that the commercial town is a haven of armed the camel’s back was the brutal murder of capital of the southeast of Nigeria. The bandits is to put it mildly. For the robbers Mr Barnabas, and wife Abigail Igwe. The Onitsha main market ranks as the no time and place was sacrosanct. They Igwes were lawyers with Mr. Igwe being the biggest on the African continent. robbed in the day and in the night and even Law Enforcement Review, June 2003. 23 INSIGHT

churches were not spared. They killed cler- Umuleri and Aguleri people, two gymen, luxury bus passengers by-passing neighbouring communities in Otuocha Onitsha and residents with a clinical finish- local government area of Anambra State ing and rapidity that would confound the that share a heritage of common an- greatest detective working on serial and cestry, culture, and political history etc. mass murders. The warring parties employed sophis- ticated weapons in the war. The area Attempts have been made in the past to deal became a no-go area even for law en- with crime in the town in the face of the forcement agents. Some policemen helplessness of law enforcement apparatus drafted to the area to quell the war paid of state. The traders who were on the losing with their lives. When a truce was end made the attempts to fight the criminals. called, some of the fighters did not The traders organized themselves into vigi- hand over their weapons to the authori- lante groups to fish out criminals from their ties but instead employed them to other hideouts. Most of the criminals were killed uses. How the weapons got into the extra-judicially by the traders who had no hands of the warring parties is a ques- patience for the rule of law or the slow, grind- tion the government is better posi- ing but equally long arms of the law. How- tioned to answer but suffice it to say ever, the war against the criminals lost steam that there is a thriving arms business Mbadinuju due to disagreements among the traders on in Onitsha as in Warri and other Niger the modus operandi coupled with harass- Delta communities. openly hailed their actions as many ments from the police who argued that the suspected armed robbers were killed openly traders were threading on dangerous The Bakassi Boys had an uphill task in and their corpse burnt. The Bakassi Boys grounds by going after criminals without the became the toast and amassed popular training for the self imposed job. support from the crime-weary residents of Most political the commercial town. They later extended “ their operations to Nnewi and Awka, the This was the state of affairs when the new commentators would civilian administration of Governor Chinwoke state capital. Mbadinuju was sworn in on May 29, 1999. blame the defeat of the By this time, living in Onitsha was fast be- The traders provided the Bakassi Boys with coming a very dangerous enterprise. Events Governor of Anambra an operational base from where they carried in another commercial town and which were State Dr. Chinwoke out forays against the criminals. The base bound to have catastrophic consequences also served as their high court where they for the residents of Onitsha were unfolding. Mbadinuju on the judged matters between the people as well Traders who dealt mainly in shoes in a sec- problems created for as received complaints and information tion of Aba the main market called Bakassi about the movement of criminals. Before organized themselves to battle criminals in him by the Bakassi Boys. long however, the relationship between the Aba. Out of this movement came the Bakassi people and the vigilante group turned sour. Boys, a well-organized vigilante group that ,, The people complained that the cost of attracted the attention of the Abia State gov- Anambra as the armed robbers ap- maintaining the outfit was becoming ernment, which wasted no time in engaging peared well entrenched and unwilling unbearable. The entertainment provided by them into the war against criminals in the to concede any inch of their territory the public execution of alleged criminals state. to the Bakassi warriors but the warriors turned to anger following complaints that had the support of the people on their some of the so-called criminals were When therefore the problems of crime in side. The traders who had once battled innocent and that the Bakassi Boys were Onitsha and the surrounding towns of Nnewi the criminals were more than willing to being employed to settle political and other and Awka was going out of control, the Gov- give freely of their experience and sundry scores. The people got bolder and ernor sent a save- our-soul (SOS) message knowledge of the area and also funding started pointing accusing fingers at the to his counterpart in Abia to send the Bakassi to the vigilante group. By this time the government for some of the killings. Their Boys to come over to Anambra and help out. Bakkasi Boys had built a reputation of anger may not have been misplaced. Mr By this time also the vigilante group had ferocity against criminals and and Mrs. Barnabas Igwe were believed to become well organized with clearly discern- invincibility like a bush fire in the have been killed by the Bakassi Boys on ible leadership structure. The vigilante group harmarttan. This reputation swayed the the orders of the government. A member of moved over to Anambra State following ne- war in their favour. They were also the Anambra State House of Assembly was gotiations between the government and the thought to possess magical powers in also abducted by the vigilante outfit and leadership of the group. the detection of criminals as well as in would have suffered the fate of the Igwe’s However, it is important to understand some killing them. Their favourite mode of but for the intervention of the Inspector - of the factors that gave boost to the activi- killing was to decapitate their victim General of Police who ordered the ties of criminals in the state. The major fac- from their neck and then burn the Commissioner of Police in the state to effect tor was the prolonged war between the corpse. At the beginning the people the immediate release of the law maker. On Law Enforcement Review, June 2003. 24 INSIGHT

his release the law maker painted horrific Groups and individuals who initially press regarding Mr. Emeka Ofor, his erst- pictures of his detention by the Bakassi Boys supported the involvement of Bakassi while political godfather who swore to flush and also gave insight into their torture Boys in crime prevention in the state him out of the Government House, Awka chamber and other unprintables that go on took the front seat in the calls that the that “ He (Emeka Ofor) boasted that he will in their hidden world of closeted outfit be disbanded because they felt flush me out of the Governemnt House. He interrogation and secret extermination of the state government was using it to and his colleagues have been flushing and people. He accused the state government fight perceived political enemies. the thing (Mbadinuju) has refused to of masterminding his elimination. Whatever may have been the fault of flush”. It got to a point where his political Dr Mbadinuju, his failure to get a enemies were buying bags of foodstuff, By this time some of the members of the second term ticket in spite of his which they shared to civil servants to rub vigilante group were not happy about the support for Chief Olusegun Obasanjo in his misrule. His political godfather Emeka politicization of their outfit and some of them at the expense of his kinsman Dr Alex Ofor also created problems for him and used returned to Aba, their cradle and Ekwueme can be laid firmly at the altar every opportunity to magnify the problems headquarters. The organized opposition to of his romance with the Bakassi Boys. in the state. The Governor was accused of the state Governor made representations to He may have had good intentions by all kinds of crimes including corruption and the federal government to prohibit the inviting the vigilante outfit when crime was at a point investigated by federal au- activities of the group as it had abandoned seemed to have overwhelmed his state thorities for alleged money laundering. its original brief and objectives and had and when the police appeared helpless. descended into the political arena. The No matter what anybody may say, the The battle with criminals in Anambra State Governor on his part countered that for the situation of crime in the state is different became an albatross to the Governor’s Bakassi Boys, the state would have become from what it used to be before the arrival ambition for a second term in office. His ungovernable. The Professor Jerry Gana, of the outfit. party the PDP saw him as a terrible bad Federal Minister of Information media team product, which no one would take even for that monitored the dividends of democracy The Governor over-concentrated on free. They ditched him even when he won seemed to have agreed with the Governor security to the detriment of other the primaries twice. It is rather interesting when the team awarded the state the first sectors that begged for attention. For to note that Governor Orji Uzor Kalu of Abia price in security. With hindsight one could instance the education sector was State who, is in a sense, is the pioneer in the say that the idea of awarding marks to neglected. Most of the children who use of vigilantes to fight crime is still in governments for doing what they were should be in school were left to roam office, having been returned for a second elected to do was wrongheaded and uncalled the streets. It was therefore not difficult term. for. Some of the categories for which marks for anyone to see why crime was on were awarded were things taken for granted the increase. The payment of teacher’s It seemed finally thus, that what refused to by the people even in military regimes. Not salaries was totally neglected with all flush finally flushed on May 19, 2003 when a few were surprised when a state Governor the negative impact on the socio- the people of Anambra chose Dr Chris from one of the South-East states listed the economic situation in the polity. Ngige, thus flushing Dr Mbadinuju alias establishment of a fast food chain in the state Odera into political oblivion. capital as a dividend of democracy. The Governor was more interested in There was perhaps an ample reason to building an International Market at accuse the state government of having a Oba, just at the border of Onitsha and hand in the death of the Igwes. The NBA Obosi, its nearest town than catering for the welfare of the workers and “ had given the Governor an ultimatum to There is a improve on records of his admistration or carrying out other developmental resign. The lawyers were quipped that their projects. Perhaps he felt that an thriving arms colleague Mbadinuju, who also holds a Ph.D international market would make more was involved in what they considered to be sense to the people who are mostly a total misrule of the state. By this time the traders but this turned out to be a very business in Governor was embroiled in battles on several costly mistake. He was not the only fronts as both the church and the labour Governor that owed salaries but he was Onitsha as in congress in the state were calling for his head perhaps the only one with implacable for owing several months salaries to civil enemies that capitalized on his mistake. Warri and other servants and teachers. Primary and He however exhibited unparalleled secondary schools were shut for more than arrogance, highhandedness, nine months owing to lack of payment of standoffishness and indescribable Niger Delta teacher’s salaries. The killing of the Igwe’s recalcitrance in reacting to his political was thus seen as his response to the enemies. At the height of the trenchant Communities ultimatum of his colleagues in the legal calls for him to amend his ways or profession. resign, he boldly proclaimed before the ,, Law Enforcement Review, June 2003. 25 CLEEN BUSINESS From Riyom to Numan ... No Stopping The Partnership Train

By OBO EFFANGA JR iyom local council area of Plateau State and Numan council area of Adamawa State have become the latest Rbeneficiaries of CLEEN’s Community- Policing Forums, a project aimed at bringing the people and the police together in a mutually benefi- cial relationship. The people in the two local coun- cil areas have joined some ten other local council areas in having a say in the way the police in the areas carry out their law enforcement responsibil- ity. The Police –Community Forum Project is the only non-governmental initiative to enhance the relationship between the police and the people and in the process giving the people an opportunity to make inputs into law enforcement priorities in their local area of residency.

The inauguration of the forums, followed two-day workshops that brought the people and the police together to discuss law enforcement modalities as well as modalities for dispute management and reso- Participants at the Riyom PCPF pose for a group photograph on the scenic beauty lution. The workshop and the subsequent inaugura- of the rolling rocks of the freezing plateau mountains tion of the partnership’s secretariat for Riyom lo- cal council area took place on November 14-15 2002.

Speaking at the workshop, CLEEN’s Senior Programme Manager, Chijioke Odom who repre- sented the Executive Director, Innocent Chukwuma said the event was meant to bring the police and community together to discuss the security needs of the community and agree on strategies for han- dling such.

He observed that most contacts between the police and members of the community they are meant to serve were involuntary such as in “stop and search” operations and other crime investigation activities by the police and that the workshop was meant to provide a cordial atmosphere for both groups to meet and discuss their common interest of crime- solving.

Odom further said the project was developed by Workshop time at the Riyom forum CLEEN following a nationwide research as to the He stressed the fact that the police person- tices, breach of confidence, drunkenness, unlawful root causes of police-community violence and hos- nel are humans like every other person and or unnecessary exercise of authority and improper tility which outcome suggested an avenue for peri- can function very well with adequate com- and discreditable conducts. odic and predictable meeting between both groups munication and information from members as solution to the problem. He said CLEEN has of the public. The chairman hoped that the The Assistant Commissioner of Police who was already organized the project in 10 local govern- forum would help train participants in crisis represented by the Divisional Crime Officer for ment areas in Nigeria within the last two years and management and urged them to take advan- Riyom, Clifford Akpe highlighted the workings of urged the Riyom community to take advantage of tage of the training to disseminate the infor- the ‘orderly room trial’ to instill discipline into the project to address policing issues in the area. mation to their various communities. police personnel accused of any wrong doings. The officer urged members of the community who have In his welcome remarks, the Chairman of the Tran- Delivering a lecture on how the police handle genuine complaints against police personnel to sition Committee of Riyom Local Government complaints from members of the public, the come forward with such information, adding that Area, Gyong Dashi said he had always doubted the Commander of Jos Metropolis, Isaac Eke, an the punishments that may be meted out to erring expression of “the police is your friend” until he Assistant Commissioner of Police identified policemen and women include dismissal, reduction recently witnessed the performance of the police the offences for which police personnel may in rank, withholding or deferment of increment during the last conflicts in Plateau State. often be charged with to include corrupt prac- and reprimand. Law Enforcement Review, June 2003. 26 CLEEN BUSINESS

In a paper titled “Police-community relations at the local government level: past experiences and strategies for improvements”, Dung Pam Sha of the Faculty of Education, University of Jos canvassed for legislation to regulate the operations of community security associations and vigilante groups. Sha suggested that every such vigilante group should be registered with the police and even though allowed to effect arrest of suspected criminals, they must hand over such persons to the police for nec- essary sanctions based on due processes of law.

He said the police could maintain a stable and ben- eficial relationship with the community by train- ing members of the community in information gathering and conducting joint security patrol with the community. He equally called on the police to handle cases reported to them with a sense of ur- gency as a means to sustaining public confidence and improving its human and public relations. Effanga Jr, Programme Manager, NOPRIN (first from left) with the staff of the Riyom secretariat and the equipment donated by CLEEN Using the case of Fawehinmi v. Akilu & Togun as reference, another speaker, Dakas C.J Dakas of the Faculty of Law, University of Jos stressed the fact that crime detection, prevention and prosecu- tion are the responsibilities of every member of the society.

Dakas admonished members of the community to report suspicious faces and activities to the police and urged landlords to be careful of the people they accept as tenants in their houses. The speaker iden- tified recent crimes and conflicts with religious un- derpinnings in the state and called for inter-faith dialogues from the community level.

According to him “the hallmark of police-com- munity relations should be partnership in which there is mutual respect, confidence and a commit- ment to forge ahead in detecting and preventing crime.”

The workshop which was interactive in nature gave Workshop participants at the Numan PCPF forum the police the opportunity to explain that bail was not only free but that a woman or a civil servant was recognized by law to stand bail for an accused person. It was also explained to participants that it was illegal for the police to demand that complainants should buy stationery with which to record their complaints but that it was lawful for a police officer in plain clothes to effect arrest while false imprisonment and malicious prosecution may lead to civil and criminal action against a person who made the complaint.

The events of the second day featured the inauguration of the Police-Community Forum, PCF, for the LGA with Ezekiel Gying a former officer of the defunct federal mass mobilization agency, MAMSER, as chairman and the District Head of Bachi District, Gyang Dalyop as vice chairman. Other members of the executive committee were Moses Gwom, Secretary, Mrs. Hundund Joshua, treasurer, Stephen Gang, public relations officer, Mrs. Grace Paul, Daniel Dem and the Divisional Police Officer for Riyom. The local Effanga Jr test-runs the equipment donated to the Numan Secretariat while project coordinator, Musa Rapp, the secretary/ Numan LGA Chairperson, chief (Mrs) Edna Aleyidemo, looks on computer operator, Mrs. Chen D. Shok and Law Enforcement Review, June 2003. 27 CLEEN BUSINESS

Geofrey Gyang will serve in ex-officio capacity.

For the people in Numan local council area, March 20 and 21 was their big day to join the committee of local council areas where Police-Community Partnership Forums have been established. The inauguration was as in the case of Riyom preceded by a two day workshop where the people ironed out issues relating to law enforcement in their community.

The issues and patterns of discussion followed that of Riyom with the people taking the advantage of the opportunity provided by CLEEN to drive home some truths to the police while the police used the opportunity to tell the people areas where they can be of assistance to them.

In her remarks, the Chairperson of Numan Local Government Transition Council, Chief (Mrs.) Edna E. Aleyideino thanked CLEEN for selecting Numan as one of the 14 local government areas in the country to benefit from the project. She urged par- The E.D’s. Representative, Mr. Odom swears in the chairman of the Numan PCPF, ticipants to take advantage of the workshop to air Deputy Commissioner of Police (rtd) Denham Abokupliyo as other members of the their views and seek clarification on the issues of executive acknowledge with cheers. police-community partnership. Adamawa State Polytechnic, John Ngamsa secretary; Pauline Makpane, a retired civil ser- Presenting a paper titled, “Strategies for Crime called for sound educational qualification and vant as treasurer; Pwafukadi Linus, the Numan Prevention in Numan Local Government Area”, a training for police officers to be able to detect LGA information officer as the Public Relations legal practitioner, Ashiyati K. Ananze said Numan and prevent crimes effectively. He also Officer and Tony Maboulti as Deputy PRO. The apparently had a “stable” crime situation consist- canvassed regular fora between the police and executive committee also has the Divisional Po- ing mainly of theft, assault, drugs and traffic of- the community in order to prove to the lice Officer for Numan, S. P. Lawrence; an officer fences. He however observed that there was an “un- citizens that the police can actually be their of the State Security Service, Idris Koya and the dercurrent of siege mentality and apprehension in friends while also urging citizens to pass head of the Hausa Community in Numan as mem- the minds of the citizens”, blaming it on the ease information on crimes to the police. bers. with which armed bandits from outside the town and the country could attack them, taking advan- The second day of the workshop witnessed Andrew Osso, Gilbert Ananze and the District Head tage of the major highway running through the area. the inauguration of the Numan Police of Numan, Zadok Adiga, will serve as ex-officio Community Partnership Forum, PCPF, members of the Forum while Geoffrey Binauto He recalled a recent murder of a prominent citizen headed by a retired Deputy Commissioner of has been recruited as coordinator. of the town who was a commissioner in the state Police, Denham Abokupliyo as chairman and and another attack on a special adviser to the state Madam Greda Yuniyus, president of the The high points of the programme were the governor by unidentified bandits but added that a National Council of Women Societies in the donation by CLEEN of office equipment such as complete stranger cannot successfully carry out a area as vice chairperson. Other members Desk Top Computer, Printer as well as successful crime without the help of an insider. included a youth leader, Stephen Irmiya as Photocopier. The essence of the donation of the office equipment according to Mr. Odom who also On practical strategies for preventing crimes, Mr. represented the CLEEN Executive Director, Mr. Ananze proposed emphasis on education and pro- Innocent Chukwuma at the occasion was to enable vision of jobs, as according to him, an educated The hallmark of the office of the forum to offer secretarial services person is more likely to involve in positive acts in “ to the people of the area at a minimal contrast to an uneducated person adding, “an idle police community consideration while the police can use the place mind is the devil’s workshop”. Other strategies sug- to work on sensitive documents out of the view gested were provision of recreational facilities; relations should be of the public. Mr. Odom charged the members of strengthening of the concept of neighbourhood the interim executive committee of the forum to watch, which must be subject to the authority of partnership in which do the job of an accomplished midwife to enable the police; ostracising known criminals and the forum stand and fulfill the mandate of empowering of the police. there is mutual enhancing police community partnership as that Mr. Ananze concluded by stating that crime respect, confidence was the only way the people can make inputs to prevention is the concern of every member of the the way law is enforced in their community. society, not only the police and urged every citizen and a commitment to to contribute their quota in making the society a Other locations where the forums are cited include safer place to live in and do business. He thus forge ahead in Ahaizu Mbaise in Imo State, Onitsha North in commended the efforts of CLEEN in putting up Anambra State, Umuahia South in Abia State, the project. detecting and Udenu in Enugu State and Ipokia in Ogun State. Others are Ibadan Northeast in Oyo State, Alkaleri In his paper, “Fostering better police community preventing crime in Bauchi State, Akpabuyo in Cross River State, relations: problems and prospects”, the head of Abak in Akwa Ibom State and Sabongeri in Kaduna department of Mass Communications at the ,, State. Law Enforcement Review, June 2003. 28 CLEEN BUSINESS In The South-East: Three Death Warrants on Elec- toral Violence

By ANTHONY

There was palpable fear in the run up to the 2003 general elections. The reason for it is not far fetched. The polity was tense with political assassins on the prowl. Before the All Nigerian Peoples Party flagged off its presidential campaign one of its prominent chieftains, Chief Marshal Harry was killed by unknown gunmen in his Abuja home. Harry, formerly of the ruling Peoples Democratic Party (PDP) was in charge of plans for the presidential campaign of the ANPP. Before Harry, a senatorial aspirant on the platform of the ANPP was also killed in Owerri by unknown gunmen. These killings are besides other killings that led to the heating up of the political landscape.

Many believed that violence will mar the general elections especially in some volatile states. The politicians did not help matters with the kind of statements they were making. To some of them OPARA the election was a do or die affair and nothing would be left to chance in their desire to win. Justice Centus C. Nweze (P.hD) (left) who facilitated the deliberations, and Dr. Eze, There were also reports of arms build-up in one of the resource persons, at the Obollo-Afor interactive dialogue several parts of the country.

This was the situation of things when the Centre for Law Enforcement Education (CLEEN) designed a programme to engage the youths in the Southeastern States to give a wide berth to electoral violence. Three local government areas in Imo, Abia and Enugu states were selected for the all - important dialogue. The jaw-jaw which held under the aegis of the Transition Monitoring Group and ably and financially supported by the United Nations Development Programme, the Department of International Development of the United Kingdom and the European Union was aimed at educating the youths in the selected local government areas to shun violence.

The target audience or focus of the project was informed by well-documented evidence and precedence which shows that youths play a significant role in the introduction by politicians of violence into the electoral system. They are the ones who are hired as thugs to disrupt rallies Mr. Anthony Opara, Programme Manager (Community Policing) moderating the and in extreme cases kill political opponents. Umuahia North interactive session. CLEEN gathered a team of seasoned resource Law Enforcement Review, June 2003. 29 CLEEN BUSINESS

persons to sell the message to the youths through their leaders. Fifty of such youth leaders were gathered at each of the one-day interactive session. Ahiazu Mbaise was selected for lmo State while Umuahia South and Udenu local government were chosen for the sessions in Abia and Enugu states respectively.

The Ahiazu Mbaise meeting was held on March 20, 2003. Though it coincided with the rally of the Imo State Governor to the area but the Hillman Castle Hotel, venue of the meeting was filled to capacity with the youth leaders.

Addressing the gathering, the Executive Director of CLEEN, Mr. Innocent Chukwuma said the programme became necessary because violence has become the order of the day in the run up to the 2003 general elections. He pointed accusing fingers at youths as the perpetrators of the acts of violence ravaging every part of the country Obollo-Afor participants pose for a group photograph adding that by being involved in acts of violence, youths were mortgaging their future. He said the interactive session was primarily to rub minds with the youths on what he termed a scourge on the political terrain.

The coordinator of CLEEN Police-Community Partnership Forum in Ahiazu Mbaise, which serves as CLEENs field office in the LGA, Nze Duke O. Nwahiri was full of gratitude to CLEEN, for taking such a proactive stance in curbing elec- toral violence.

The first discussion paper was presented by Dr. Green Iheanyi Eleagu who set the tone for the interactive session by placing the theme in his- torical perspective. He stated that political con- tests in Nigeria as far back as the early sixties had Mrs. Nonye Otuonye of the Umuahia North LGA (first left) with other female always been attended by violence adding that vio- participants at the Umuahia session lence has again reared its ugly head in the 2003 elections. from independence in 1960 till the present their conscience, integrity and future, adding that dispensation and gave the verdict which is the money politicians spend to commit all sorts He gave several reasons for the prevalence of elec- that Nigeria has become a country where of electoral violence was the same money they toral violence with unemployment and its atten- many of the people who would have ought to have used to develop the society. He dant idleness ranking very high. Other causes ac- contributed to the progress of the country said that aiding and abetting electoral fraud was cording to him are political intolerance, the ‘sit- prefer to stay away from politics due to tantamount to supporting corruption in tight’ syndrome among elected officials as well as violence unleashed by politicians. He government. money politics. advised the youths to shun those politicians who rather than present programmes to the Most of the participants thanked the organizers He was of the view that civic education such as electorate prefer to capture power through of the forum for their foresight in putting together the interactive session would go a long way in violence, adding that nobody should the interactive session saying that it has opened pointing youths to the right direction of refusing complain of bad government if people their eyes to the inherent dangers in electoral to be used by manipulative politicians to forment compromise their conscience to either sell violence. The participants drawn from various trouble during elections. He called on agencies of their votes or aid in electoral fraud. youths groups promised to take the message to government to be involved in organizing civic their members. They also promised to assist in education for youths and politicians as this would In his own contribution, the Deputy whatever way they can to see that the then stem the tide of violence and make for free and Rector of the Federal Polytechnic Nekede forthcoming general elections was free and fair fair elections. near Owerri, Dr Nicholas Nwogwugwu said so that the voice of the people would be upheld. that youths should not only shun violence The second discussion paper titled ‘Youths and but make sure that their votes count adding The second interactive session took place at the Violence-Free Elections’ was presented by Rev. that this is the only way to ensure good Umuahia South local government headquarters, Father Innocent Amaechi . Amaechi, the chaplain governance. According to him, youths Apumuri in Ubakala, Abia State on Wednesday of the Catholic Youth of Ahiazu Mbaise Diocese should collect money from politicians if March 26. The session as in the Ahiazu Mbaise also traced the history of political crisis in Nigeria they may but should refuse to compromise programme attracted youth leaders, politicians Law Enforcement Review, June 2003. 30 INSIGHT

of Udenu local government area in Enugu State. There, Justice C.C. Nweze of the Enugu high court explained to the youths that they should stay away from politicians that use them to cause trouble for little or nothing since co- operating with such politicians is always at great risk to their future.

Mr. Odom who also represented the CLEEN Executive Director also re-emphasised the significance of the session, urging the participating youth leaders, political leaders and law enforcement agents to resolve that electoral violence shall not be witnessed in the local government by co-operating with each other through the core values they would have learnt at the interactive session.

In their papers, Dr. D.N. Eze of the University of Nigeria Nsukka and Eleagu explored the phenomenon of youths and electoral violence Eze H.U. Okezie speaking at the Umuahia forum. and called on the participants to shun political violence. The Divisional Crime Officer of the and representatives of government agencies like litical development, the expectation was area, Mr. I. Habu advised the youths not to the National Orientation Agency, Independent that with the level of the nation’s political allow themselves to be used as tools to disrupt National Electoral Commission (INEC) as well social and educational development, ideas the elections as the law enforcement agencies as the State Electoral Commission. The police and the power of dialogue would replace are ready to visit the full weight of the law on were not left out of the meeting as the Divisional the resort to violence in the polity. Mr any trouble maker. Police Officer Mr Nosa Osakwe, a Superintendent Odom said the one-day programme was to of Police (SP) represented the state police boss. mobilize the youths for a free and fair Mr. Emeka Eze, of the Conflict Resolution elections and get them to shun all acts of Stakeholders Network (CRESNET) took the The chairman of the interim executive committee violence and refuse to be used by participants on a training on how to identify of the council, Prince Chidiebere Ogbulefor was unscrupulous politicians in the forth coming the different sources of conflict, types and its represented at the opening ceremony by Mrs elections. management. At the session many of the youth P.O.C. Kelechukwu, the Head of Personnel who leaders proferred solutions on how to eliminate was full of thanks to CLEEN for choosing to political violence. Many of them suggested that bring such a timely and interactive forum to the more of such interactive sessions should be youths of the local government. According“ to him... held more regularly and that government agencies should be more involved in political In his welcome address, the coordinator of the money education. The IEC materials produced for CLEEN field office, Rev. Steve Ikpa said that the public education, awareness and mobilization session was timely as the youth has a lot to con- politicians spend to was distributed to the youth leaders in all the tribute to the destruction of the society if not three sessions to assist in spreading the message properly guided. He called on the organizers to commit all sorts of of violent-free elections. extend the workshop to the political class whom he accused of using youths as pawns on the po- electoral violence litical chess board to perpetrate electoral violence. Aiding and He urged the participants to make good use of was the same money “ the opportunity afforded by the interactive ses- abetting electoral sion to learn techniques of management and reso- they ought to have lution of conflict. used to develop the fraud was In his address, Mr Chijioke Odom, Senior Programme Manager who represented the Ex- society. tantamount to ecutive Director of CLEEN, Mr Innocent ,, supporting Chukwuma said the programme was significant The paper presentations followed the because of the need to rub minds with youths on pattern of the Ahiazu meeting. At the end the best way to prevent electoral violence be- of the meeting the consensus of the youth corruption in cause the spate of political killing was becoming leaders was that the message of non-violent unprecedented. He pointed out that while vio- election should be preached with zeal and government. lence has always been part of the country’s po- zest . On the third of April it was the turn ,, Law Enforcement Review, June 2003. 31 CLEEN BUSINESS CLEEN Co-Midwifes ALTUS, A Global Alliance Global Alliance to spearhead the lands, because of the increasing role of the In its first year of operation, the alliance intends improvement of public safety and justice city in the professional development of law- to release remainder of new reports on initial col- A through empirical research and practical yers, prosecutors, judges and even police in- laborative projects at successive events in each reform is in the making. The alliance called ALTUS vestigators from countries around the world member city. It will also prepare and post multi- is the brain child of six organizations that have and Hague, also being the diplomatic capital lingual summaries of new reports prepared by each been working in the area of police and justice reform of the world. member and associate member. in democratic societies. The six directors of the alliance are Inno- The founders chose ALTUS, a Latin word for the The alliance which will work across five continents cent Chukwuma, founder and Executive Di- new global alliance, according to them, to convey to improve the delivery of safety and justice is rector of CLEEN, Hugo Fruhling, Director the values of justice without signaling a particular founded by the Centre for Law Enforcement Edu- of CESC, Pramod Kumar of IDC, Julita national origin, and by sustaining or nurturing jus- cation, CLEEN, based in Lagos; Centro de Estudos Lemgruber, Director CESEC. Others are tice through noble, profound and dignified means de Sequranca Gidadana of Rio de Jeneiroin Brazil; Georgi Alexandrovich Satarov, Director of which is the Latin meaning of the word. Indem Foundation, Moscow; Institute for Develop- INDEM and Christopher Stone, Director of ment and Communication, Chandigarh, India; the VERA Institute. Centro de Estudios en Sequridad Gudadana, Santiago and the Vera Institute of Justice, New York. Five Flaming Torches ... As CLEEN Positions

The alliance, according to a document made avail- for Life After Five able to LER is designed to be efficient in assisting in This year marks the fifth anniversary of CLEEN’s ‘life-after-five’. the advancement of the goal of public safety more the establishment of Centre for Law The anniversary committee is headed by Chijioke powerfully as it would be pursued within a global Enforcement Education, CLEEN. To mark Odom and has Anthony Opara, Danesi Jafar, context and alliance. The alliance to be controlled this event, the organisation has set up a Nnenna Okenyi and Florence Oke as members equally by the six founding organizations on five committee to draw up plans for the while the strategic plan committee has Innocent continents will not represent any single culture’s celebration, just as it has set up another Chukwuma as chair and Alex Stevens, Obo view of justice. Rather, it would, according to the committee to propose a five-year strategic Effanga Jr. and Kemi Asiwaju as members. document, build capacity in many organizations at plan, that is to say, propose and project once. Alex Stevens, Briton, Joins CLEEN as The Directors of the alliance have been working on the structure, foundation, and proposed work of the Webmaster organization for more than a year. The Volunteer Service Overseas, VSO, has NGOs. seconded one of its staff, Alex Stevens, to Altus, the directors believe, will increase the capacity work with the Centre for Law Enforcement While working with CLEEN, Alex will be the of each member of the organization to influence Education, CLEEN on the latter’s request. organisation’s Webmaster with sole responsibility the course of practical reform in different regions Alex holds an MSc. in Violence, Conflict for the strategic development, updating and coor- of the world. The organization will enhance the and Development from the School of Ori- dinating of CLEEN’s internet programmes and increasing global fields of police, judicial and penal ental and African Studies, London and BSc. facilities. His other briefs will include designs and reform which is at the core of the work of the in International web-based researches, all of participating organization. Relations and His- which constitute part of the tory from the Lon- outworking of the Altus, according to the document will be sustainable don School of Eco- organisation’s plan for effec- as it would provide multinational organizations and nomics and Politi- tive positioning as an NGO able internal donors with a global intermediary able to cal Science. to offer authentic leadership coordinate work across regional and cultural and capacity-building to other boundaries. Alex is part of the African. He comes to CLEEN new VSO Human with rich international expe- Plans are afoot to launch the global alliance later Rights Programme, rience in minority rights, ac- this year as the Directors are working towards rais- funded by the UK cess to justice, arbitrary deten- ing the sum of $10million to support their work Foreign Office, that tion, discrimination, right to over five years. Once it comes on stream each mem- has placed volun- fair trial, socio-economic teers in human ber organization will host a regional representative rights, labour rights, etc rights NGOs and of the alliance. The regional representative will be He had previously worked in other organisations London as Consultant Coordi- responsible for gathering information from their with the aim of counterparts in other five member organizations nator to International Dalit helping civil soci- Stevens Solidarity Network (IDSN). on topics of interest to their host organization. ety to increase their impact on the human The alliance will build a series of specified com- rights situation in Nigeria. He hopes to learn Within just a few months in Nigeria, Alex, who puter-based tools for managing the information held a lot from working with CLEEN as well as speaks English, German and French, says he is by its members and sharing it widely and efficiently. contribute to CLEEN’s development as one already learning a bit of Hausa language and the The Altus secretariat will be based in Hague Nether- of Nigeria’s most effective human rights widely spoken pidgin English. Law Enforcement Review, June 2003. 32 LIVING CLEEN All in The Family Album By OBO EFFANGA JR

heologians and philosophers are Policing. usually agreed about two important incidents each human May be our colleagues have had too being must experience – birth and many birthday celebrations in the past T that they decided to mark this year’s death. One is the beginning, the other the end. Both are certainties of life. In between birthdays Nicodemously! Not so for both events, some may experience another little Utibe-Abasi “UT” Effanga, important event – wedding. No wonder most daughter of our Programme Manager, people attach so much to such dates. Many NOPRIN, Obo Effanga Jr., whose first look forward to celebrating birthdays and, birthday came up on April 29. Mom and more importantly, wedding. But the other, date Dad put up a party, May 1 for UT, of death, is hardly looked forward to. So whose current position as the when death occurs, it brings sadness to the youngest member of CLEEN’s extended family. family is under threat, from where? Keep waiting and keep watching. We’ll One Bereavement keep you posted. Chukwuma That is what we in CLEEN experienced early in the year when we had to say goodnight To curb the repetition of all these too early and so abruptly to Deaconess Nicodemously celebrated birthdays (Mrs.) Victoria Abeke Asiwaju, mother of even in this era of democratic openness our Programme Manager, Law Enforcement of thoughts and feelings, the office has and Gender Issues, Kemi on January 14. The now agreed to make each staff funeral activities both at the University of member’s birthday a CLEEN business. Lagos and at the Asiwajus’ hometown, Yes, clandestine marking of birthdays Imeko, Ogun State drew large crowds, a tes- has been overtaken by its democratic timony to the fact that the retired midwife, openness form. Still looking for school proprietress and later, goods distribu- ‘dividends of democracy’? So, on June tor impacted positively on many lives. 20 and August 15, staff look forward to celebrating with our Senior Programme Tears alone may not adequately convey how Manager & LER Editor, Chijioke Odom much our hearts go out for the Asiwajus. and Programme Manager, NOPRIN, But we know they have since found solace Obo Effanga Jr. on their birthdays in the scriptures that at resurrection, there respectively. shall be no more sorrows, nor crying, nor Utibe - Abasi pains for the former things shall pass away …And a Wedding! and the Lord shall wipe away all tears! It And the big one is coming up this June. sure was a sad note to start the year, but we Here goes. It is minus one for Osun State and plus one for Oyo State! How? The have since moved on. Amao family of Ogbomoso in Oyo State is Four Birthdays! demanding from the Okeowo royal family We had a haul of celebrations and cake eat- of Odo-Otin in Osun State the hands of our soft-spoken and elegant Accountant, ing experiences (not the Aso Rock type). In Florence Opeyemi Oke, the princess of February, our Executive Director, Innocent the town’s ruling house, in marriage. And th Chukwuma had his birthday on the 6 , al- so, after the event billed for June 7 at Christ most without our knowledge, just as our Apostolic Church, 13, Odewale Street, Administration Manager, Nnenna Okenyi Alagomeji, Yaba, Lagos, the people’s had hers on February 15. March 10 was the accountant shall be known, called and birthday of Florence Oke, our Accountant addressed as Mrs. Florence Amao. The whom one of our friends, Chidi Odinkalu lucky man is Anthony Olayinka Amao. calls, ‘The People’s Accountant’. Then came CLEEN wishes the new family connubial April 28 with the birthday of Anthony bliss. Opara, Programme Manager, Community Princess Florence Law Enforcement Review, June 2003. 33 BOOK SHELF Surviving The Cities A continued serialization of the book ‘Surviving The Cities’ written by Mike Okiro, formerly Lagos State Commissioner of Police, and now Deputy Inspector General (DIG) Operations, The Nigeria Police lives were spared. However. expensive valuables if they carry heavy and long ladders, bulky and cash which the engineer accumulated in his electric cutters, axes and matchets to their active life were carted away. target points. Usually, they survey such scenes over a period of time to observe Usually, they survey They were apparently overwhelmed by the “ peculiar lapses which they can exploit on serenity of their home and as such were not in the day they choose to operate. To frustrate such scenes over a the habit of ensuring that their doors and them and prevent them from gaining access, windows were always locked before they retired period of time to keep away such tools as ladders, poles, high to bed. The engineer was lucky that the hoodlums tables, chairs as well as axes, hammers, observe peculiar who raided his home spared his life and that of matchets, cutlasses and knives. Most his wife. lapses which they importantly, see to it personally that such items are properly kept. can exploit on the day A one time deputy governor of Lagos State, was equally as lucky. On Saturday July 15, 2000. Open Doors The ex-deputy governor had allowed his domestic they choose to operate Life, especially in the cities, is hazardous. hands to leave the gates of his Maryland, Ikeja, ,, The precariousness of daily living is even Lagos home open to enable his driver whom he more steep for the unwary. Being Not long before tragedy befell him, Mr. Papa sent on an errand to enter the compound constantly on your guard and ensuring that Nabasey renovated his mansion at Ayobo village, whenever’ he returned. Ipaja, Lagos. This popular writer and commentator was oblivious that the men who did It is important to be Alas, armed robbers drove in instead of the the work had left a ladder outside the fence of the “ expected driver. Of course, the robbers then shut high walls of the house. A band of armed robbers wary of your the gates themselves and proceeded to hold the used it to climb over the wall and enter his house entire household hostage at gunpoint. The ex- at 2 a.m on Sunday September 19, 1999. They immediate deputy governor had no choice but to succumb held the entire family at gun point, looted the and allow the armed men to ransack and loot his house and before they left, they mercilessly shot environment because home. He and members of his household were, dead his son, a 14 - year -old. the unimaginable can by the grace of God, spared from harm. A few weeks after this sad event, a similar incident happen due to an The same could not be said of Igwe Fredrick occurred at the exclusive Lekki Beach home of Francis Bielu Chukwu (FFBC) Nwankwo, the Mr. Moses Adadun, who is the Managing Director oversight highly respected paramount ruler of an Anambra of a bank in Lagos. Again, armed robbers had ,, clan whose open door policy made him ensure used a ladder that was left outside to try to scale that the gates to his sprawling palace on the the wall. But for the presence of an armed others who live with you do the same, is Enugu- Onitsha road were always open to guests. policeman in the premises, the banker and his the best way to keep safe in the hustle and On Tuesday February 15, 2000 at about 9.30 family would have been subjected to the most bustle of urban life. The very moment your p.m professional killers took advantage of this humiliating experience. The policeman was alert guard is relaxed may be the very minute of lapse. and effectively engaged the robbers in a gun duel tribulations. which forced the hoodlums to retreat. Ladders, axes, A retired civil servant, engineer Olaoluwale “ and his wife, Omolola, can attest to the Ladders, axes, cutlasses, matchets and other tools cutlasses, matchets and mysterious ways of criminals. The couple left outside homes have been known to help were in deep slumber at their serene other tools left outside criminals gain ingress into the homes of their Government Reservation Area (GRA), victims. To avoid such mistakes, it is important Ikeja, Lagos home in the early hours of homes have been to be wary of your immediate environment, January 20, 1998 when their peace was because the unimaginable may happen due to an known to help shattered by armed hoodlums at about 4 oversight. Noticing and promptly removing any a.m. As a retired aircraft engineer who lives such tool(s) that could aid criminals into your criminals gain ingress a modest life, the engineer never anticipated homes is a necessary first step to thwart the that robbers who wielded iron rods and into the homes of their intentions of men of the underworld. knives, would walk into his bedroom victims demanding for cash and valuables. Both Bandits certainly would be showing their hands husband and wife were beaten but their ,, Law Enforcement Review, June 2003. 34 BOOK SHELF

The killers drove into the home of the Igwe and the body of their victim in the bush. The without any resistance, shot him dead. A similar murder of the Asipa in December 1992 is laxity led to another preventable tragedy which an example of the unwholesome antics Strangers could occurred at 8.55 p.m on the night of February 6, dangerous criminals adopt to isolate their “ 2000:at CJ’s Place, a restaurant on Osho Drive, victims and do them the most harm. Olodi-Apapa, Lagos,’ Youngmen had gathered be as there that day to watch the epic African Nations Strangers posing as possible business Cup match between the Bafana Bafana of South partners could either be assassins who want dangerous as Africa and the Black Stars of Ghana. Their to lure their victims to the killing field, or enthusiasm made them not to notice that it was robbers who want to gain access into their green rattle already dusk and that the doors were wide open. victims’ homes. The two men who killed They also did not notice the group of intruders Sir Anthony Eromosele, a millionaire who walked in casually through the open doors. banker and knight of the Catholic Church, snakes The new arrivals produced guns and held-up the gained access into his Park View Ikoyi, ,, soccer enthusiasts. Kolade Akintimehin, a 21 year- Lagos home posing initially as visitors. Tor Tiv, the traditional ruler of Tivs. She was old undergraduate, could not believe his eyes that shot on April 4, 1999 in Gboko town soon the hold-up was real. When he tried to move from On that morning of October 29, 1999 after she collected N 18,000 from her petrol his seat he was shot dead there and then. Eromosele had sent his driver out with a station. The men who killed her were car to buy newspapers. The driver returned obviously aware she had this routine of Such incidents are commonplace in most cities of to see a small red car parked at the gate and visiting there to collect money. Two of the the world. Gates and doors left open especially at two young men loitering about and a third robbers were in a car parked opposite the dusk, are tempting targets for armed robbers. To person sitting behind the wheels of the car petrol station while the other two were seen prevent such incidents, it is important to ensure with the engine of the automobile running. lurking about waiting for their victim to that doors and windows are secured with locks Believing that nothing was untoward, with collect the money and attempt to leave. The and intruders are properly identified before they two men accosted and shot her while she are allowed inside. Such security at the gates, doors was driving out of the petrol station. The and windows must also include areas where air- Strangers posing as money kept under the seat of her car could conditioners are installed. Ensure that such gadgets “ not be taken. are installed in a way a die-hard intruder cannot possible business remove them from the outside and gain easy access Strangers could be as dangerous as green into your home. Make sure of such supposedly partners could either rattle snakes. The fact that encountering mundane issues personally before the family strange persons is part of the process of could relax to watch television at night. be assassins who want living should also necessitate your curiosity about them. In this vein, it is important to Unidentified Visitors to lure their victims to make inquiries about strangers who want to The men came the first day pretending they were the killing field, or associate with you and also be curious about interested in buying a piece of property at an those who lurk around you. The Asipa of isolated area of Oyo town. On their second visit, robbers who want to Oyo might have been alive today if he had the Asipa of Oyo town, Chief Amuda Olorun- taken pains to inquire about the men who Osebi himself decided to take the men to the gain access into their came posing as land buyers before he isolated bush area of town to show them the victims homes property they supposedly wanted to buy. Once ventured to go to the bush with them and inside the bush, the three of them turned on the ,, Madam Torkula might have also been alive if she had directed her staff at the Petrol Asipa with knives and cudgels and hacked him to the assumption that the youngmen were death. They then disappeared into thin air leaving Station to accost the two men who lurked in harmless visitors, the driver tapped the car the car and at the street awaiting her. horn and the mighty gates swung open. As Another way of doing such would be to take he drove into the premises, the two men their car numbers and make inquiries with Gates and“ doors followed suit and the gates closed behind. the appropriate department because as it Once inside, the-two men drew guns and turned out, in the killing of Asipa the left open the driver and gateman were held-up at gun Mercedes car which the killers used was later point inside the house. Eromosele, believing found to have been stolen from its original especially at dusk that the driver had returned with the owner. Likewise, strange visitors who wish newspapers, stepped out only to be to enter your home must be screened before are tempting confronted by the gun-wielding men who being allowed in. Such screening could also immediately singled him out as the head of be done with the aid of peepholes, door the family and took him to the rooms in the targets for armed chains and even door phones. house. During the cause of the robbery, robber Eromosele was shot fatally. To be continued in the next edition. First part ,, This is applicable to the brutal murder of of this serialization was published in the preceding Madam Avenda Torkula, the wife of the edition of LER (December 2002 - March 2003) Law Enforcement Review, June 2003. 35 BOOK SHELF Anatomy of The Police in A Federal State By DOROTHY MOSES SCHULZ, Ph.D

A review of the book ‘The Police in a Federal State’ written by Dr Kemi Roimi of the History Department of the Obafemi Awolowo University, Ile-Ife, Osun State as reviewed by Professor Dorothy Schulz, of the John Jay College of Criminal Justice in New York. ounted among the myths of policing is that among the supporters of the Deputy Premier’s entourage in July 1964. The former British colonies only the United States permitted arms question, covered in detail (pp. 117-128), may have a patchwork of policing jurisdictions to develop. While contributed more to the abolition of the NA forces than to their Cit is true that there are so many police departments in upgrading. the U.S. that neither the government nor policing experts are able to determine an exact count, the situation elsewhere is not as Rotimi teaches history at the Obafemi Awolowo University in lle- monolithic as often portrayed. Certainly Great Britain itself, Canada, lfe. He has researched in Nigeria and during a Leventis Fellowship Australia, and India do not police by the single, national at the School of Oriental and African Studies in London. The departmental model, albeit they get by with far fewer departments book is grand in scope, covering from 1905 to the 1980s. Rotimi’s than the U.S. knowledge of the NA forces is extensive, in fact, if there is a criticism of this excellent study, it is that his knowledge can In The Police in A Federal State, Kemi Rotimi introduces readers overwhelm the reader. Although he provides short biographies to the dual policing system that existed in Nigeria from colonial of 100 interviewees (pp. 261-273), there are too many names and times until the collapse of the First Republic in 1966. While studies places to track. An index would have aided the reader, as would exist of the Nigeria Police Force (NPF), little is known about the have a map of Nigeria. These minor complaints, though, do not Native Authority/Local Government forces that by 1925 had detract from the fascinating story that Rotimi presents. developed from pre-colonial forms of policing. The forces were retained in 1951 over the objections of the Colonial Inspector- One need not fully grasp the geography to grapple with the General, who believed that they undercut the NPF. Lower in status overriding issue of local vs. federal control of the police. The NA than the NPF, the NA forces were, unsurprisingly, susceptible to forces, often illiterate, unarmed, poorly outfitted, and poorly local influence and reflected the religious or ethnic power structure trained, were subjected to intense local political interference. of the state in which they operated. Attempts to upgrade their Sometimes this assisted them in serving their publics, who were status and the quality of the personnel went so far as to encourage usually less literate and poorer than the police but also sometimes noblemen to serve as uniformed leaders of the forces. Whether better armed. At other times, events, particularly around elections, led by noblemen or commoners, the NA forces had a tenuous swayed the officers to become enemies of the people. Since the relationship with the NPF. Depending on any number of variables, officers owed their jobs to local politicians, it is understandable sometimes the forces worked together, but often they were in if not laudable that they would take an active part in elections conflict. that assure that their sponsors remained in power. This usually helped both the politicians and the police-particularly in the short Rotimi notes that controlling the chiefs of the NA forces was term-but Rotimi provides examples of either group being tantamount to controlling the forces, although the NPF seems outsmarted by local citizens and suffering consequences that a not to have been controlled by anyone; not by the British during moralist would term their just desserts. the colonial period or by the national government after independence. Issues surrounding lateral entry or accelerated The NPF was hardly immune to political interference, whether by the promotions (rare in the U.S. but common elsewhere)-whether the British colonialists or from nationalist leaders. By virtue of better better-organised or the better-educated NPF should train or training and better funding, though, the NPF officers seemed more professional than the NA forces. Yet Rotimi notes that they, too, were supervise the NA forces, and what, if anything, should be the often operating primarily in the interests of their leaders or themselves. formal relationship between the levels of policing-are not unique He points out succinctly, in one of a number of understated but well- to Nigeria. Different countries have asked similar questions and written observations, that “one man’s policeman could be another man’s have arrived at different conclusions, making comparative policing thug” studies both frustrating and fascinating. The book is written in an engaging style and would make informative The question of whether to arm the NA forces was controversial. and entertaining reading for police historians, police personnel interested The colonial office was against arming, and the native authorities in comparative issues, and students in international policing courses. differed among themselves. Northern region officials believed the officers were ill-equipped in more ways than the absence of Dorothy Moses Schulz, Ph.D., is Associate Professor of Police firearms. There was concern that the force was not disciplined, Studies at John Jay College of Criminal Justice in New York. A and that if you armed one officer you would have to arm them all, retired police captain, she is the author of From Social Worker to something not even their supporters favoured. Western region Crime Fighter: Women in United States Municipal Policing. This review was first published in ‘Crime and Justice International’ journal officials differed, although Rotimi implies that the difference was Vol. 19, No 71, March 2003 under the title ‘The Police in a Federal less philosophical than based on clashes between the NPF and State’ Law Enforcement Review, June 2003. 36 FREEDOM MARCH Responding to Vigilantism By INNOCENT CHUKWUMA he transition from military dictatorship to of vigilante groups and trial of their operatives, who elected civilian government in Nigeria has take delight in judging potential offenders without T brought in its wake a surge in crime and trial and in administering brutal punishment – and disorder that threatens to undercut public support who are undermining our progress toward democ- for democracy. Since the racy. inauguration of the Obasanjo I am sympathetic with this view. government on May 29, 1999, Yet it is also a fact that the police safety and security have become alone cannot adequately protect scarce commodities. Frustrated by the inability citizens’ safety and security “ without the involvement of of the police to respond In spite of the government’s neighborhood watches, promises to tackle crime, Nigeria adequately to their safety community guards (ndinche), or continues to have high rate of and security needs, even vigilante groups. armed robbery, political assassi- Furthermore, it is doubtful that nations, ethno-religious killings, citizens have resorted to the Nigeria Police Force and and other forms of violent crime. self-help measures. The justice system as presently con- From the Niger Delta, where res- most controversial of these stituted could fully enforce the tive youths fighting environmen- disbandment of every vigilante tal despoliation and decades of is the formation of mili- group in the thirty six states of neglect had perfected the act of tant vigilante groups-some Nigeria and bring their opera- abduction and hostage-tacking tives to trial. Even if the police of oil company workers, to the of which have made were able to outlaw vigilantism, South-west, where ethnic militia lynching and torturing it would be tantamount to tell- from the Odua People Congress criminal suspects their ing inner-city communities and swore to defend Obasanjo (whom rural areas, often not protected they did not elect), the common stock in trade by police patrols, that they have language was violence in its gori- ,, no right to organize and protect est form. In the northern and themselves against criminal eastern parts of the country, Sharia violence in Kaduna and its reprisals in Aba attacks. and Umuahia have left hundreds, if not thousands, dead. Furthermore, violent robbery and rampant Human rights groups and policymakers must find a theft have left Nigerians in every community feel- way to ensure both that due process is protected ing unsafe. and that the rights of communities to organize and protect themselves are respected. The first step is Frustrated by the inability of the police to respond to differentiate between vigilante groups that adequately to their safety and security needs, employ “mob justice” in their operations – whose citizens have resorted to self-help measures. The modus operandi can not be tolerated in a democratic most controversial of these is the formation of mili- society and which would be disbanded – and those tant vigilante groups-some of which have made whose activities are amenable to the rule of law and lynching and torturing criminal suspects their stock due process and that could work (and do work) in trade. under close police supervision. Many groups that promote racial discrimination, religious persecution, Public opinion of vigilante groups is divided. A part and state-sponsored violence operate under the of the public argues that vigilante activities should guise of vigilantism. These groups not only offend be regulated and closely supervised by the national sensibilities, but also violate every human rights police. Another part calls for outright disbandment treaty that Nigeria has ratified. One of the most FREEDOM MARCH Law Enforcement Review, June 2003. 37 FREEDOM MARCH

enduring examples of these kinds of groups is the police for investigation and prosecution. Some “Bakassi Boys,” active in the three eastern states of community members are unhappy when the police Abia, Anambra, and Imo. They began as an initiative of grant bail to suspects they arrest. The community traders in Aba, but were later hijacked by state policing forums can address these concerns by governments, which added partisan political ends to serving as platforms for community education on their objectives and armed them with dangerous why suspects of minor offenses are released on weapons (including firearms) without police checks. The police bail prior to arraignment in courts and, more Bakassi Boys make routine public important, by making sure the spectacles of some of the criminal community understands that suspects they capture, often granting of bail does not mean parading them naked through the that the suspects have been let streets, chopping body parts into Through this“ consultative off the hook. Furthermore, the pieces, and later burning them to the process, communities in program appears to have been a cheering of crowds. These kinds of factor in the declining crime groups cannot be tolerated, and the localities where the rates in the nine local human rights groups should demonstration programs government council regions in advocate forcefully for their which it is operating. disbandment. are being executed have come to appreciate better To make sure vigilante groups The largest share of vigilantism in are obeying due process Nigeria in terms of both numbers and the functions of the procedures and the rule of law, reach is not of this type. It is instead police and the limits of CLEEN has proposed a process made up of neighborhood vigilante of registering them with both the groups, with one group on virtually the powers of citizen local police division and the local every street corner in lower income initiatives in crime authorities. In the process of neighborhoods and rural registration, the police would communities throughout the prevention and control screen their members to prevent country. These are the groups with ,, criminal elements from infiltrating which both the government and their ranks and would issue clear human rights groups need to engage. regulations to guide their involvement in crime prevention and control. The The Centre for Law Enforcement Education (CLEEN) in local authorities should provide those who play Lagos has begun to take up the challenge. In 1999, as by the rules with such items as flashlights and part of our work to promote respect for human rights batteries, raincoats, and boots. Human rights and cooperation among civil society and law groups, for their part, would include them in their enforcement agencies, CLEEN began a police- training programs. community partnership program. The program, modeled after the South African Community Policing Forums, One organization alone cannot do the job of seeks to incorporate community concerns in the reconnectingFREEDOM the police with their communities M determination of policing priorities in Nigeria through throughout Nigeria. To strengthen the effort, in police-community interactive forums set up to discuss 2000 CLEEN facilitated the establishment of the common crime and discover problems and encourage Network on Police Reform in Nigeria, a coalition of joint problem-solving approaches. The forums involve twenty-two organizations working on issues of all community stakeholders, including elected police reform and crime prevention. Because of councilors, divisional police and crime officers, religious the effort of the network, this past March the new leaders, district heads, women’s groups, development chief of police in Nigeria, Tafa Balogun, included unions, civic associations, and other relevant interest community policing as part of his eight-point groups. strategy of transforming the Nigeria Police Force, Through this consultative process, communities in the which the Nigerian public welcomed. localities where the demonstration programs are being We are still in the early stages of our work and Chukwuma, international executed have come to appreciate better the functions award-winning civil rights have no guarantee that there will not be a relapse activist, leading pro- of the police and the limits of the powers of citizen – as there was in South Africa. Still, the initiatives in crime prevention and control. Before we democracy campaigner communities that have participated in the program and criminal justice expert started the program, neighborhood vigilante groups now know that the civil society groups of this is founder and executive used to take crime into their own hands, brutalizing and network care about their daily confrontation with director of CLEEN. This article was first published sometimes lynching crime suspects rather than handing crime and fear and are working with them to them over to the police. Now, with the advent of the in the international develop lawful ways of channeling community ‘Human Rights Dialogue community policing forum program, it has become energy against crime – instead of resorting to either journal, December 2002. routine for communities to hand suspects over to the mob justice vigilantism or armchair criticism. Law Enforcement Review, June 2003. 38 FREEDOM MARCH 2nd2nd2nd Outing:Outing:Outing: Democracy Dream Is Good Governance By OBO EFFANGA JR inally, the much-touted civilian-to-civilian transition ‘their Fraudulencies’, the declared winners are in has occurred in Nigeria, in 2003. Yes, 2003; a year government houses today and must be given the Fending in figure ‘3’ like 1963, 1983 and 1993. Unlike courtesies appurtenant to those offices. the previous elections of the year ‘3’, the recent general elections, on the surface went smoothly and have not All the stories about election rigging may just be history suffered the jinx of annulment, cancellation or military as Nigerians have seemingly accepted the new government take-over. On the face of this event again, many are already formed on the basis of the flawed elections. However, saying that we are out of the woods. But are we? there are urgent expectations on the President and the Governors to take steps Rather than refer to the ‘winners and losers’ of that would not keep the 2003 general elections, it makes more sense reminding the citizens of to refer to the ‘riggers and the out-rigged’. For, They know what our leaders their tainted victories. They can only do so by running in fairness to our consciences and despite what want to hear“ and tell them government paid parrots want Nigerians to all-inclusive believe the truth stares us all in the face. The so. They massage the egos administrations. This rigging was so thick and visible like the level of of the chief executives at involves constructive poverty in the country. It was so sophisticated engagement with the that proving it is highly difficult. In short, the every given opportunity. opposition while not election perverts have beaten the rest of Newspapers are filled with alienating from the Nigerians to it this time. populace. The time for real adverts from these people governance is now. Luckily, And so, the swearing-in of the President and congratulating the President Obasanjo and the 36 State Governors as well as the members many of the governors of the national and state legislatures have gone President and Governors for cannot be re-elected going ahead. It is the season of backslapping, cake- their ‘well deserved’ by the provisions of the eating and congratulatory messages on the oneFREEDOConstitution, which limitsM hand and sulking, tantrum throwing and threats electoral victories and them to two tenures. They of fire and whatever they usually threaten on extolling them as the must thus give their all to the other hand. leave a positive mark in the Messiah the country has minds of Nigerians. For these 37 men and their running mates, the been waiting for. events of the past few months were Herculean. ,, Going into offices at the At some point, some of them may have lost same time with these chief hope and thought they might not make it to executives are the various power after all. They faced stiff oppositions from within legislators at the federal and state levels. Together, both their own parties, the opposition parties, and even the executive and the legislative arms of government are sometimes from unexpected quarters as the Code of required to move the society to a level above where they Conduct Bureau, Independent Anti-Corrupt Practices and are at the moment. It must be quickly added that Nigerians other Related Offences Commission, ICPC, the law courts expect so much from the new crop of civilian leaders and the legislatures. To these ones however, the English than was expected from their immediate predecessors. expression of ‘all is well that ends well’ becomes very real This is because for four years, Nigerians went hungry, today. got weather-beaten and distressed while their leaders fed fat and flaunted stupendous and ill-gotten wealth, In truth, many of these persons getting into or remaining in sometimes shamelessly displayed in the chambers of the various top positions do not deserve to be there, either the National Assembly. All the explanation given to the on account of not being qualified or getting there fraudulently poverty-stricken populace was that it was ‘a nascent through massive rigging. But that is a discourse for some democracy’ or that it was merely a civilian administration other time. Whether they are called ‘their Excellencies’ or trying to transit to a democracy. They were also told Law Enforcement Review, June 2003. 39 FREEDOM MARCH

that democracy is a process and not an event. Obasanjo came into government in 1999, he warned against the insertion of such adverts unless such offi- Four years on, the pangs of poverty have not reduced where cials would pay with their personal funds. That warn- they always were while the golden pavements of riches in ing remained what it was – a warning. It was business government alleys have not gone dim. Nigerians are tired of as usual. theories and stories. They want to see real dividends of democracy. They want to see garri on their tables, they want This is not the only aspect of President Obasanjo’s their children in schools and not in cybercafes browsing love proposed sanitization process that was dead on and sex websites. They want jobs for graduates. Nigerians want arrival. The much-touted anti-corruption campaign to see a dependable and predictable public power supply. They fell into the same category. Soon after the passage of want security of lives. They want to be able to live in any part the anti-corruption act in 2000, the first test of of the country without worrying about politically motivated accountability and transparency came when Salisu ethnic and religious crisis. The new governments can provide Buhari, the convicted liar and forger who was disgraced these if the players are committed to it. But will they? Would from office as Speaker of the House of Representatives their hangers-on and sycophants let them? was given a presidential pardon. Not long afterwards, one Makanjuola who was standing trial for corrupt Sycophants in Nigerian politics remain, perhaps, the greatest enrichment while serving as staff of the Defence Min- threat to the survival of the nation. A look istry was left off the at the country today reveals that some of hook, following the en- the same people who hobnobbed with self- try of nolle prosecui by styled military president, Ibrahim Together, both the execu- the Attorney-General of Babangida and the late maximum dictator, “ the Federation. Very re- Sani Abacha are still the men and women in tive and the legislative cently, the Code of Con- the corridors of power. They know what duct Bureau withdrew our leaders want to hear and tell them so. arms of government are the charges of miscon- They massage the egos of the chief required to move the soci- duct against Governor executives at every given opportunity. Bola Tinubu of Lagos Newspapers are filled with adverts from ety to a level above where State and Senator Arthur these people congratulating the President they are at the moment. It Nzeribe. Interestingly, and Governors for their ‘well deserved’ this same Nzeribe was electoral victories and extolling them as the must be quickly added that aspiring to be Senate Messiah the country has been waiting for. Nigerians expect so much President. In all the They will do the same after 100 days in above instances, no ex- office, on the country’s Independence Day from the new crop of planation was ever of- celebration, on the birthdays of the civilian leaders than was fered to Nigerians. Ear- President and Governors, on the lier, the Auditor conferment of all sorts of traditional and expected from their General’s report on the academic awards on them. federation account had immediate predecessors indicted virtually every In the period following the flawed (that department and unit of word again?) elections but before the FREEDOMgovernment including M swearing-in of the President and the ,, the Presidency, the po- Governors, Aso Rock played host to an lice, the justice sector embarrassing flurry of ‘certified’ sycophants. These were made and the legislature. This report was later politicised up of traditional rulers, their State Governors and what, for with a view to discrediting it and providing an excuse want of an intelligent description the press refers to as ‘opinion not to act thereon. Yet, the government kept saying it leaders’. Not to be outsmarted, several youths under all sorts of was fighting corruption. previously unknown groups also visited the President. The purpose of all those visits was to pay solidarity to the Presi- Would the new administration fare any better in the dent, pledge the support of their states, condemn those op- maintenance of law and order this time around? One posed to the President and, in a subtle manner, seek favours. cannot get tired of chiding government for the mis- Kwara State’s delegation reportedly asked for two ministerial management of cases of egregious killings, sometimes slots while the combined delegation of Adamawa and Taraba sponsored by the state itself. The Odi and Benue states (home of Vice President Atiku Abubakar) asked Obasanjo massacres are still fresh in our memory, so are the to repay Atiku’s devotion by supporting the latter to take over various pogroms in Kaduna on three occasions, from him in 2007! Such visits were also reported at the various Plateau, Warri, Shagamu, Lagos and Taraba etc. There state levels and are likely to continue into the early days of the is also the yet to be totally addressed issue of ethnic • new administrations. militias and private armies taking over law Effanga Jr., lawyer and journalist is Programme enforcement and crime control duties in various parts Manager for NOPRIN, a For the sycophants, there are no off seasons. Sadly, some of of the country, especially the south east. Would the network of civil society/ these sycophants occupy public positions such as chairpersons new governments tackle this? human rights groups in or chief executive officers of government institutions and they Nigeria working in the use public funds to pay for such inanities. One recalls that when area of police reforms. Law Enforcement Review, June 2003. 40 FREEDOM MARCH 2007 And The Challenges of Re-Strategisation By FUNSHO NICHOLAS OMOGBEHIN

he 2003 general elections have been successfully from state to state, with an average of 7 for the (?) conducted by the Independent National governorship race. For the State Houses of Assembly Electoral Commission, INEC. In all the elections, elections, an average of 15 political parties fielded Twinners and losers have emerged. While the winners candidates. The PDP and ANPP were the only political have been celebrating their victory at the polls with an air of parties that fielded candidates for all the elective pomposity, unabashed pride and without any sense of sobriety, positions in all the three strands of general elections, a the losers, particularly in the Presidential and Governorship demonstration of their organizational and polls have been threatening brimstone and fire. administrative capacity or lack of it, and commitment The contestations of the election results by the aggrieved to the democratic process. politicians and political parties were, in very significant instances, not without merit. Clearly, for majority of the Reports in the media were awash with cases political parties, field of electoral irregularities and malpractices During the course of reports do indicate the perpetrated on a scale unprecedented in the “ imperative for annals of Nigeria’s history. These reports monitoring the elections, organizational capacity- were corroborated by the preliminary reports building and urgent and findings of both domestic and it was evident that, the education and training of international election observation missions, majority of Nigerians the administrative that the general elections were fraught with structures of the parties if election irregularities, such as ballot box lack knowledge of the they hope to make any stuffing and stealing, massive ghost voting, existence of these parties, appreciable impact in the underage voting, orchestrated violence and on-going democratization disruption of voting in polling stations. There especially in the rural process in Nigeria, have also been reports of cases of collusion communities particularly in the up- and connivance by INEC Election-Day duty coming 2007 general officials and security agents with political ,, elections. The apparent party agents to allocate votes to political absence of a nationwide parties and falsification of election results especially in the administrative and rural and riverine communities where the presence of other organizational structure also brings into bold relief, the political parties are lacking. Massive riggingsFREEDO and returns of question of commitment of the parties to the genuineM election results where none took place were also common and sustained development of democracy and features observed by election monitors. democratic values and norms. For example, the active collaboration of party agents with INEC official to However, public opinion appears to be unanimous that falsify election results and ghost votes allocation political parties that felt aggrieved and cheated out of the race documented in all strands of the election would have for political power in the elections should channel their been averted or reduced to a most tolerable level, if the grievances through the constitutional courts and the election political parties had focused more on building a solid petition tribunals and not to resort to extra constitutional administrative and organizational structures. This is means to get justice. Of particular concern to Nigerians was notwithstanding the arguments of late registration as the position of the Conference of Nigerian Political Parties political parties by the INEC. It was the absence of (CNPP) that had called for the cancellation of the results of the presence of the party agents that paved the way the presidential polls and demanded for a repeat poll by the for the two dominant parties (PDP and ANPP) to INEC. commit unwholesome electoral irregularities at the polling stations across the country. A major challenge that emerged in the course of the 2003 general elections was the administrative and organizational The direct fall-out of the lack of organizational capacity ability or otherwise, capacity and performance of the registered of the political parties was the dysfunctional political parties that participated in the elections. During the relationship between the parties and the people they National Assembly polls, only 19 out of the 30 political sought to represent. During the course of monitoring parties registered by the INEC fielded candidates. In the the elections, it was evident that, the majority of Presidential/Gubernatorial polls, 20 political parties fielded Nigerians lack knowledge of the existence of these candidates for the Presidential Elections, while the figure varies parties, especially in the rural communities. Therefore, Law Enforcement Review, June 2003. 41 FREEDOM MARCH

in the face of unwholesome electoral irregularities being CSG in national development and the democratic pro- perpetrated to the disadvantage of a given political party, cess. Rather than build a synergy with the SCG, most of concerned citizens could only rise up to confront such a the political parties often exhibit a hostile attitude to- situation on behalf of such party if the party was known wards them. In the process, the parties are denied the to, and identify with, their aspirations in the first place. It invaluable expertise and skills, possessed by the CSG is impossible to defend that which you do not believe in. that are desperately needed to help nurture the struc- For example, in the North West geo-political zone, tures of the political parties, particularly in the areas of comprising Kaduna, Kano, Katsina, Kebbi, Jigawa, Sokoto, organizing and mobilization for change, membership re- and Zamfara states, only 8,7,7,4,5,6 and 5 political parties cruitment and expansion and the political and civic edu- fielded candidates in the governorship elections respectively. cation of their members to foster a sense of commitment Even at that, the number of votes scored by each political to the ideals of the parties. party speaks volumes of the level of their visibility and The political parties, by virtue of their position as the relevance to the life of the people of these states. vehicle for the expression of the popular will of the Comparatively, in the South West geo-political zone, people, across the globe, are expected to set the agenda acclaimed as the most politically enlightened sector and the for national discourse. Unfortunately, this was not the bastion of democratic culture and values in the whole nation, case in the build up to the 2003 Nigeria general elec- Lagos, Ondo ,Osun, Ogun, Ekiti and Oyo states had 16, 8, tions. Majority of the electorate could not identify the 10,11, 8 and 12 political parties respectively, that fielded parties with any clearly candidates for the gubernatorial polls. defined political ideology Elsewhere in the other zones, the highest and in concrete terms, the number of parties that contested the April 19 blue prints on how to re- Presidential/Gubernatorial polls was, Anambra It would have been solve the myriads of the State with 16 political parties, while the aver- disastrous“ if the nation social-economic and devel- age figure for the other states was 5 political opmental problems the parties. The figures for the National Assem- had had to wait for and people are daily confronted bly elections of April 12 were much lower, rely on the political with. The parties are also where the PDP, ANPP and AD simply held expected to set the agenda sway in their areas of influence. parties to conduct the much needed civic and concerning the INEC ad- Another fall-out of the 2003 general election ministration of election, the was the very glaring lack of premium placed voter education and national political and civic on political and civic education of the elector- awareness campaigns education strategy of the ate by the political parties. Again, with the citizens, composition of exception of PDP, NCP, and the ANPP, ma- programmes undertaken the INEC and SIEC and the jority of the political parties did not conduct by the SCG membership and powers of any systematic voter education campaign and the Electoral Petition Tri- ,, bunals and other issues re- political enlightenment to engender the de- sired effect that will empower the citizens to lated to good governance protect and safeguard the integrity of the ballot box. In and democratic development in Nigeria. most polling stations in the rural villages and communities However, it is never too late for the political parties to across the country, most accredited voters especially the wake up to their responsibilities of ensuring the vast majority that are illiterate could not identify the names FREEDOM M sustenance of democracy with a view to empowering and logos of their preferred political party, thereby creat- the people who are truly the custodian of the Nigerian ing room for the manipulation of voters by unscrupulous democracy project. For a start, a Four-year strategic party agents and politicians aided by INEC officials and plan for the development of their organizational and security agents. Despite the concerted efforts by civil soci- administrative structures must be put in place. The ety groups under the umbrella of the Transition Monitor- parties must take the initiative to foster and sustain an ing Group and the Conflict Resolution Stakeholders Net- active collaboration with the Civil Society Groups for work (CRESNET) with support from United Nations Elec- their mutual benefits in the areas of training and education toral Assistance Division (UNEAD) that conducted voter of the party grassroots structures in order to strengthen and civic education programmes across the country, it is their support base. In order to reduce to a tolerable level quite disturbing to record the number of invalid ballots the specter of electoral malpractices, especially the cast. For example, in the National Assembly and Presiden- collusion of INEC officials with unscrupulous tial/ Gubernatorial Polls the number of invalid ballots as a politicians, the Conference of Nigerian Political Parties, result of lack of proper voter education was 1,830, 452 and CNPP may initiate public discourse on the overriding 2,538, 246 respectively. It would have been disastrous if need to overhaul the State Electoral Independent the nation had had to wait for and rely on the political Commission (SEIC) and reconstitute the bodies by mak- parties to conduct the much needed civic and voter educa- Folorunsho Nicholas ing active contributions on how and who should be ap- tion and awareness campaigns programmes undertaken by pointed to serve in the Commission and also their terms Omogbehin is the SCG. of reference. This is the only way that the outcome of Programme Officer Also of serious concern is the suspicion with which the the election results will be acceptable to all the parties with the Transition political parties hold Civil Society Groups (SCG), predi- concerned come 2007. Monitoring Group, cated as it were on a misconception of the essential role of Abuja. Law Enforcement Review, June 2003. 42 EDUCATION The EU Election Observer Mission Report he Presidential and Gubernatorial improvements were noted in the the campaign, as many unsuccessful candidates in Elections were the second in a series distribution of election material, the timely the primaries chose to run as flag-bearer for a of important polls held in Nigeria, in opening of polling stations and, in some different party in the State. The nomination of the context of transition from civilian places, the secrecy of the vote. candidates was often characterised by a process of Tto civilian administration, crucial for the country Nevertheless, also in these States, selection rather than election; many party primaries and for the region as a whole. The Presidential and substantial flaws and weaknesses remain, took place outside of clear democratic rules, Gubernatorial Elections are generally perceived as e.g. with voter lists, ballot distribution and testifying to the weakness of party politics in Nigeria. the most important of the 2003 general elections, safeguards against multiple voting. given the extensive powers of the executive at • The period leading up to the Presidential both the Federal and State level. • Delayed and repeated polls for the and Gubernatorial Elections was also marred by National Assembly Elections were not the fact that repeated and delayed National The European Union Election Observation conducted in a transparent and credible Assembly Elections in a number of constituencies Mission (EU EOM) issued a first preliminary manner. A countrywide breakdown of were not conducted in a transparent and credible statement on 14 April regarding the National results by polling station would enhance manner. INEC failed to provide information on Assembly Elections of 12 April. As elections the credibility of the process. the exact dates and constituencies up for repeat could not be held in some constituencies, delayed and postponed election in Abia, Akwa-Ibom, and repeated National Assembly polls were held • Federal and State-owned media Anambra, Delta, Enugu, Kogi, Rivers and Zamfara, in certain parts of the country. This second failed to live up to their legal obligation to where elections could not be held on 12 April preliminary statement contains the EU EOM’s provide equal access and fair coverage of because of violence and late distribution of findings on the Presidential and Gubernatorial all political parties and demonstrated materials. EU EOM observers on the ground Elections held on 19 April, as well as on the political bias in favour of the ruling parties reported that no adequate information on these delayed and repeated National Assembly polls. at Federal and State level. Private polls was available to voters, political parties and In total, on 19 April the EU EOM deployed 118 broadcasters and print media provided observers alike, as well as low turnout and even no observers in 31 States throughout Nigeria, except greater coverage of opposition parties; voting in some polling stations on repeat Election in Akwa-Ibom, Bayelsa, Gombe, Kebbi and editorial policy was however influenced Day. The repeat elections did not provide voters Taraba. The EU EOM will remain in country to by commercial imperatives and led to with an effective opportunity to vote. observe and report on any run-offs in the elections unbalanced treatment of candidates. and on the State Houses of Assembly Elections • The 12 April elections highlighted a number of 3 May 2003. A final report, including • The EU EOM notes that once of important areas for improvement ahead of the recommendations, will be issued by the EU EOM again there was a generally peaceful conduct 19 April elections. The publication of results for after the conclusion of its mission. of the elections. It encourages all the National Assembly Elections added further stakeholders to actively contribute to a concern with the whole election process. The EU Summary: peaceful environment and urges aggrieved EOM observed serious discrepancies between • The Presidential and a number of parties to resort only to legal remedies polling station level results and collated results in Gubernatorial Elections were marred by serious through the judiciary. some constituencies in Edo, Enugu and Rivers. irregularities and fraud – in a certain number of Moreover, information collected after 12 April States, minimum standards for democratic Pre-Election Period indicates implausibly high turnout in certain elections were not met. • The immediate period leading up constituencies in Bauchi, Benue and Kaduna. For to the 19 April Presidential and all elections in Nigeria, results should be published • EU EOM observers witnessed and Gubernatorial Elections was marked by with a breakdown by polling station to enhance the obtained evidence of widespread election fraud political tension, due to the rejection of transparency in the process and increase confidence in certain States. Many instances of ballot box results of the National Assembly Elections in the final results. INEC results should also include stuffing, changing of results and other serious by key opposition parties. Some political figures concerning the number of registered voters irregularities were observed in Cross River, Delta, leaders even threatened to call their per constituency. Enugu, Kaduna, Imo and Rivers. The elections in supporters to mass action to protest against these States lack credibility and appropriate these elections, thus raising their political Election Administration measures must be taken by the relevant authorities. profile ahead of the 19 April elections. • For the Presidential and Gubernatorial However, the week immediately preceding Elections, and in an attempt to address some of the • Similar irregularities were observed to a the Presidential and Gubernatorial shortcomings identified on 12 April, INEC issued lesser extent in a number of other States, including Elections was characterised by fewer fresh guidelines for the organisation and conduct Anambra, Benue, Edo, Katsina and Nassarawa. reported incidents of violence than before of the polls. However, these guidelines failed to These incidents undermined the integrity of the 12 April. For their part, the Chairman and address effectively the tracking of sensitive material electoral process in these States. Irregularities Secretary of the Independent National (e.g. ballot papers), underage voting, use of tendered should be thoroughly investigated and addressed Electoral Commission (INEC) issued ballots and the collation process. by the appropriate authorities without delay. repeated addresses to stop acts of violence and intimidation against INEC field staff. • Moreover, the measures adopted by INEC • In many other States in the country and in to address the issue of inaccurate voter registers particular in the South-West (including Lagos), • Considerable in-fighting between opened up a new loophole in the process. For the elections were reported as by and large orderly and gubernatorial candidates took place during 19 April elections and contrary to previous

Law Enforcement Review, June 2003. 43 EDUCATION

guidelines, INEC instructed polling staff to use and candidates in opposition, however to a and Rivers, EU EOM observers witnessed or the hand-written lists of applications as back-up large extent to those presidential and obtained evidence of widespread election fraud. voter registers, thereby demonstrating its lack of gubernatorial candidates able to pay for The elections in these States lack credibility and confidence in the accuracy of the computerised access to the media. This led to a generally appropriate measures must be taken to provide registers. It also left the process open to abuse, as uncritical treatment by the privately owned voters with a truly democratic electoral process. a number of applicants deleted during the media of the parties and candidates. Similar irregularities were observed to a lesser computerisation stage may have thus been extent in a number of other States, including permitted to vote. This is all the more important • There is a vibrant and prolific print Anambra, Benue, Edo, Katsina, Kogi and since the distribution of voter cards ahead of the media in Nigeria, which generally succeeded Nassarawa. These incidents undermined the 19 April polls was not carried out in a uniform in disseminating more detailed information integrity of the electoral process in these States manner and did not allow for adequate scrutiny about more parties and candidates than the and should also be thoroughly investigated and by party agents and observers. Long-term efforts broadcast media. Nevertheless, newspapers addressed by the appropriate authorities without should be dedicated to creating and maintaining did not remain impartial; federally owned delay. an accurate civil registry that could also serve as newspapers favoured the ruling party in basis for voter lists. terms of space and tone, while privately • The reported irregularities include owned newspapers tended to favour stuffing of ballot boxes, forgery of results, • Election administration in Nigeria suffers candidates of their choice. Individual falsification of result sheets, ballot box snatching from a number of structural shortcomings as journalists and programmes succeeded in and a variety of other means of rigging. Examples evidenced in the 2003 elections so far. The legal the face of great difficulties in alerting the below are meant as illustrations and are by no provisions governing appointment and removal public to some of the complexities of these means exhaustive. of INEC Commissioners on both Federal and elections, however as a general rule the State level, as well as the lack of autonomous media served to confuse rather than clarify ¾ Observers witnessed and obtained sources of funding do not provide adequate the issues. evidence of widespread ballot stuffing in several guarantees for the independence of electoral States, including Benue, Cross River, Delta, Enugu, authorities. INEC’s lack of transparency through • In a positive development, the Imo, Kaduna, Katsina and Rivers. key stages of the process opened it up to Nigerian media organised some useful accusations of political bias voiced by several initiatives to improve political For instance, in Kaduna, INEC staff was parties. Moreover, the legal provisions for communication during the elections. Most observed thumb-printing ballots in favour of the complaints and appeals do not provide voters of the parties and candidates were able to ruling party. In Cross River, in Calabar with an easily accessible mechanism for seeking present their views to the electorate through municipality, one party agent and the presiding redress. Finally, it is regrettable that INEC could the presidential debates broadcast on public officer were seen stuffing the box when EU not benefit from logistical resources available at and private media, an event organised by a observers arrived. In Enugu, observers saw a the State Independent Electoral Commissions, group of Nigerian media organisations. member of the police force stuffing ballots in the given the legal separation between the two There was also a significant amount of box; in another polling station in Enugu, observers structures and the lack of initiative to share information provided about the elections reported that already 600 ballots had been cast resources. Election Day observations also show in general and voter education. Also, the after only one hour of polling. In a cluster of four the need for further voter education, particularly programmes broadcast by public and polling stations in Imo, the count revealed that in the areas of secrecy of the vote and marking of private media from the INEC Media Centre 1100 ballots were cast when only 800 were ballots. provided a useful service in disseminating officially issued. In Kaduna, in the same Local election information Government Area (LGA), observers collected Media Coverage evidence that one of the wards contained a so- • Media performance during the Nigerian • There are few laws regulating the called “ghost polling station”, as one of the 11 elections was flawed, as it failed to provide media coverage of elections and they are polling stations had no materials allocated to it. unbiased, fair and informative coverage of the inadequate to cope with the new political political parties and candidates contesting the and media landscapes of Nigeria. For ¾ Forgery of results, falsification of result elections. This was a result of a variety of factors: instance, the 24-hour campaign silence sheets in Cross River, Delta, Edo, Enugu, Imo, the financial instability of the Nigerian media, cannot be enforced during staggered Kaduna, Nassarawa. the low purchasing power of the population, elections. The role of the broadcasting illiteracy, electricity shortages, media reliance on regulatory authority - the National In some States, polling station results show sponsorship for survival, a media culture of Broadcasting Commission (NBC) - during improbable turnout figures, up to 100%, while deference to the party of power, problems of the elections was low key and the lack of a actual voter participation was visibly lower. In professional development and the weakness of decisive body enforcing the rules left an open Nassarawa State, as in other States, polling both government- and self-regulation. Media playing field for violations to take place. stations closed early and results indicated a 99% outlets were largely unable to overcome these turnout with a very strong majority for one party. barriers and provide adequate coverage of the Election Day – Presidential and It was also reported that in a number of places, 2003 elections. Gubernatorial Elections (19 April 2003) there were serious discrepancies between polling station results and figures recorded at the different • Federal and State-owned media were • Election Day for the Presidential collation centres. For instance, in Delta State, biased in favour of the parties and candidates in and Gubernatorial Elections was marred by observers reported that several hundred votes power. These media have a particular obligation serious irregularities throughout the country had been added to the results in favour of the one to provide impartial and unbiased information and fraud in at least 11 States. In total, party during the collation at LGA level, when to the electorate, because they are publicly owned approximately 25% of EU EOM observers compared to the figures from the polling stations and because of their advantage in reaching the directly witnessed one or more cases of where they had observed the count. Out of 48 largest number of people in Nigeria. However, election fraud and attempts thereto, which polling stations in the region, 44 had an official detailed analysis carried out by the EU EOM is exceptionally high. turn-out of 95 to 100%. shows that they failed to live up to this obligation. In Enugu, during the collation, observers saw The privately owned broadcast media monitored • In certain States, particularly in presiding officers writing in their result sheets gave greater access to the major political parties Cross River, Delta, Enugu, Imo, Kaduna figures dictated by the returning officer. In Law Enforcement Review, June 2003. 44 EDUCATION

Kaduna, several wards recorded exceptionally high staff on the other around the LGA office. In voters’ names in the voter register. turnouts as well as results in stark contrast to the Delta, supporters of the ruling party took control • general pattern of the other wards. In those wards, of the election process in several LGAs. It was observed that on many ANPP won in the Presidential Elections and PDP occasions, illiterate voters were not able to Observers also reported abuse of identification the Governorship; elsewhere ANPP is the winner cast their ballots without assistance and in cards for party agents or even in some cases for both elections. At a collation centre, observers some cases, without coming under undue domestic observers. In Bauchi, observers saw even witnessed two party agents from PDP and influence particularly by party agents from alleged ANPP party agents advising voters to ANPP, marking side by side unused ballots, the main political forces. Specific voter vote for the incumbent president. In Enugu, an respectively for Governor and Federal President. education efforts should be dedicated to alleged domestic observer was seen participating ensuring all voters are able to enjoy fully their In Edo, observers collected evidence of forged in the stuffing of a ballot box. democratic rights. results, as an additional 200 votes were added on the collation sheet for two polling stations. In ¾ Underage voting was observed a large • Where observed, the count at polling Imo, observers reported that election materials scale by EU EOM observers in the northern part station level was generally conducted in an proceeded directly from polling station to LGA of the country, particularly in Borno, Kaduna, orderly manner. However, the EU EOM level, with no result sheets filled in at polling Kano, Katsina, Sokoto, Yobe and Zamfara. received many reports of polling stations station level nor any collation at ward level. In closing before the prescribed closing time of Cross River, observers reported that in a polling In many places, children were allowed to cast 15.00 hours, thus depriving potential voters station, no result sheet was filled in after the count; ballots; it is unclear whether they were allowed from casting their ballots. These polling at ward level however, a result sheet was produced to vote as registered voters or whether they were stations often showed implausibly high recording 540 votes cast, 535 in favour of the standing in and proxy voting for others. turnouts. More importantly, the electoral ruling party. authorities should publish detailed final • However, in many other States in the results by polling stations to remedy the ¾ Unlawful behaviour by party agents and country, elections were reported to be generally serious shortcomings observed in the alleged observers in Bauchi, Delta, Enugu, Imo, orderly and improvements were noted in certain collation process as mentioned above. Kaduna, Nassarawa and Rivers. areas of the electoral process. The distribution of election material marked an improvement over • The EU EOM encourages all The presence of party agents representing various the National Assembly Elections and generally stakeholders to actively contribute to a political forces and domestic observers was allowed for a more timely start of polling peaceful environment and urges aggrieved reported in most polling stations observed and at operations, although delays were observed in a parties to resort only to legal remedies different stages of collation of results, which number of States. Supplies of ballot papers and through the judiciary. In its final report, the contributed to the transparency of the process. ballot boxes were more adequate than on 12 April. EU EOM will make detailed However, in some cases, party agents actively The distribution of voter cards on Election Day recommendations for improvements. participated in ballot stuffing and forging results. proceeded smoothly in identified areas with For instance, in a polling station in Delta, observers specific staff assigned to the task. INEC staff reported that polling was stopped early at 14.00 was increased in polling stations with more than hours, four out of seven ballot boxes produced 500 voters, and was generally reported as operating in an impartial manner. Mission Information over 90% turn-out figures with 90% votes cast in The EU EOM has been present in Nigeria favour of PDP; a dispute erupted between 30 since 11 March 2003, following an invitation party agents from different political forces Delayed and repeated polls for from the Nigerian Ministry of Foreign Affairs. concerning the payment of promised bribes. In “ The Mission is led by Chief Observer Mr. Imo, observers reported that party agents on the the National Assembly Max van den Berg, Member of the European spot had signed the result sheet with 200 more Elections were not conducted in Parliament, Vice Chairman of the EP ballots cast than ballots issued and were receiving Committee on Development and Co- money before leaving the polling station. In a transparent and credible operation and Member of the Joint Nassarawa State, voter cards were distributed by manner. A countrywide Parliamentary Assembly of the EU-ACP ANPP activists. In Kaduna, distribution of voter (African, Caribbean and Pacific) States. In cards by PDP supporters was also observed. breakdown of results by polling total, for the Presidential and Gubernatorial station would enhance the Elections the EU EOM deployed 118 The Presidential and a credibility of the process. observers throughout Nigeria. Ms. Karin “ Junker, Member of the European Parliament number of Gubernatorial ,, and two Members of the Dutch Parliament Elections were marred by • Following INEC guidelines of 15 April, also participated in the EU EOM. serious irregularities and in some areas election officials put in place various measures to promote the secrecy of the vote, For further information please contact: fraud – in a certain number including polling screens or cabins. Nevertheless, Chief Observer Mr. Max van den Berg, tel. (+ 234) (0) 803 59 29 197 of States, minimum the overall system to guarantee the secrecy of the vote remained insufficient throughout the country Deputy Chief Observer Mr. Oskar Lehner, standards for democratic and INEC instructions were not uniformly tel. (+ 234) (0) 803 59 29 196 elections were not met. implemented. Moreover, the handling and Press Officer Mr. Riccardo Barranca, tel. (+ tracking system of sensitive material (e.g. ballot 234) (0) 803 59 24 088 ,, papers) was not improved in comparison to the European Union Election Observation National Assembly Elections. Furthermore, no Mission to Nigeria 2003 Party agents also contributed in certain areas to Mirabelle Hall, Sheraton Hotel and Towers, creating an atmosphere of intimidation and substantial improvements were observed in the sealing of ballot boxes and in the application of Abuja, Nigeria interfered in the process. For instance in Rivers, Telephone: (+ 234) (0) 9 524 07 02/03/04 observers reported fighting between party certain safeguards to prevent multiple voting, such as inking the voters’ fingers and marking the and Fax: (+ 234) (0) 9 524 07 05/06 supporters on the one hand and voters and polling www.eueomnigeria.org Law Enforcement Review, June 2003. 45 EPILOGUE

President Obasanjo and INEC Chairman, Dr. Abel Guobadia, at the presentation of certificate of victory to Obasanjo in Abuja recently. Of Heartless Riggers And A Hurting Democracy The cardinal pillar of democracy, and its very unfading beauty and glory, is the inarguable right of the people to choose the type of leaders (or government) under which they would live. Remove that and all you have is gansterism which operates under organised anarchy. All arguments about the imperfection or transitional stage of Nigeria’s democracy notwithstanding, OBO EFFANGA JR. contends that the riggers of the 2003 general polls had dealt the unkindest blow at the fragile fondation of the nation’s hard-won freedom. any dreaded it. Others were ready to of elections did Nigeria just have?’ The answer of simply ‘siddon look’. General Many were alleged to be card- course would depend on whom the question is addressed to. For the Peoples Democratic Party, elections 2003 were meant to be a carrying members of political watershed on the country’s ability or “ PDP, this has been the freest and fairest election in M Nigeria’s history. Not so for the All Nigeria Peoples otherwise to conduct rancour-free elections and parties or civil servants still achieve a civilian-to-civilian transition. For most under the influence of the Party, ANPP, presidential candidate, Muhammadu others, all they prayed for were peaceful elections. Buhari. Same goes for Odumegwu Ojukwu of the governments (federal and state) All Progressive Grand Alliance, APGA, who In some ways, the prayers were answered. Nigeria they are working under. On although placed a distant (wish there was a deeper had relatively peaceful elections (or so it seemed) word than that) third, believed he won the election save in some volatile areas of Niger-Delta. But that score alone, the local until he suddenly claimed that it was Buhari that many of the feared flash points like Kwara and government elections coming won. It does not seem any of the defeated (or out- Anambra States, happily, failed to live up to the up soon are already a tragic rigged) presidential candidates believed the election pre-election billings. And so, the nation seemed to was free or fair, although not all of them were have a transition from one civilian government to failure. This is given that most willing to contest the results. another. In a Machiavellian sense, Nigeria indeed, states are mono-partied. Citi- may have overcome her difficulties. It does not At the state levels, the picture was not different matter how she arrived at the latest solution; that zens may not have seen the either. Nigerians, long traumatised by a succession is if everyone agrees that she has solved the worst of the un-free and un-fair of bankrupt leaderships and disappointments have problem. a way of accepting things with equanimity; often elections saying whatever happens to them is ‘the will of The question to ask at this point is, ‘what manner ,, God’. Here, one remembers the immediate past Law Enforcement Review, June 2003. 46 EPILOGUE

Speaker of the House of Representatives, Ghali choice do in such a situation? Cry foul and let the elections was short of being democratic or free Umar Na’aba who lost re-election to the House. things end there, in the interest of peace? and fair. For too long, the electoral body attempted The one they used to call ‘The Lion’, although Take to civil disobedience of the authority with all its might not to allow new parties on board. admitting that he lost to the powers that be within of the person who is credited with winning Other ingredients of free and fair election include and without his party, said God allowed it. The the election? Just how far can a poor voter secrecy of the voting process, transparency of the Lion had certainly been tail twisted and tamed! In or even a helpless out-rigged candidate go in vote count, collation and announcement of results. the South West, ‘hurricane OBJ’ hit the area during the face of a conspiracy of violence by the There is also equal opportunity given to all parties the April 12 National Assembly elections, vocal majority, including the press? and candidates to solicit for votes by equal access sweeping the Alliance for Democracy, AD, out of to state facilities for campaign such as state owned contention in its traditional, ancestral and natural Perhaps one should even go back a little bit media. This is as opposed to the present scenario habitat to the chagrin of its Ijebu-Igbo chief priest. and ask, ‘what amounts to a free and fair with the government press, especially at the state By that time, it was too late for five of the six AD election?’ This simple question is open to so level blacking out opposition candidates and governors in the area to withstand the stronger many diverse answers that reflect on various favouring the candidates of the party in firepower of federal might (a euphemism for backgrounds, cultures and experiences. This government. Equally important is the neutrality rigging?) the next week in the April 19 Presidential is where clinical scientists always find social of the electoral body. Much has been said about and Gubernatorial elections. The AD and Afenifere, science, law and perhaps, philosophy the non-neutrality of the present federal electoral after a hurried retreat to their Ijebu-Igbo shrine irritating. Simple questions hardly elicit body – the members of the commission and the for consultation with their oracle accepted the straightforward simple answers in those people it recruited as polling officials. Many were defeat, confident that their endorsed kinsman, disciplines. The answers usually start or end alleged to be card-carrying members of political Obasanjo was the winner after all. The Afenifere with ‘it depends’. What does it depend on? parties or civil servants still under the influence of leaders and the defeated AD governors in resigning The confusion continues. the governments (federal and state) they are to their fates said if an armed robber sacks a man working under. On that score alone, the local from his house, he should leave everything to God. This confusion of definition and understanding government elections coming up soon are already The legendary, nay, notorious Nigerian character of the concept is working to the advantage a tragic failure. This is given that most states are of acquiescence in the face of a demand for of the winners(?) in the last election. They mono-partied. Citizens may not have seen the principled stand and action drips through all these do not delay in telling others that even in worst of the un-free and un-fair elections. like oil in buffet mutton. ‘advanced democracies’ elections are not Nigerians wait to see the kind of elections and without flaws. Once you hear that you can be results that would come from the various State But the election was fun no doubt. From the parade sure they are about reminding people of the Independent Electoral Commissions, especially in of aspirants and candidates, one could easily Florida manual re-count of votes episode in states where a single party controls the state house identify the serious, the hilarious, the unbelievable the last American presidential elections which and all the federal and state legislators. and even the charlatan. For instance, in Lagos dented the acclaimed status of the US as the State, a Yoruba enclave but the most cosmopolitan bastion of free and fair elections and The elections certainly fell short of the universal state in Nigeria, with a beautiful mix of other ‘non- democratic principles. But then, they do not standards of free and fair but most Nigerians seem indigenous’ ethnic groups, one party presented an let Nigerians know the more crucial aspect to have accepted them, not because of anything Igbo and a Hausa person respectively to stand of that episode, which is that, the dispute or but mainly in the interest of peace. There is also election as Governor and Deputy Governor. Many rigged votes only occurred in Florida, a state the likelihood that some who have accepted the times too, one found it difficult to comprehend in which Jeff Bush, the current US President results believe that even if the entire process, the ideas, intent and seriousness of some George Bush’s younger brother is Governor! especially the election, counting and return of results presidential candidates. But then, this is a Do you read anything in between? was free and fair, most of the declared winners democracy where everyone is a prince, according would still have won, though with slimmer victory to Rev. Jesse Jackson, the respected African- Another position oft canvassed by Nigerians margins. An interesting teacher of literature used American civil rights activist and international is that of ‘home grown democracy’. This to say he could never award full marks for the best statesman. However, not every prince can become too is without proper conceptualisation. It answer. He had to reserve at least one mark out of a king. In fact, the world is replete with many can thus be defined any which way to embrace ten, ‘to preserve the dignity of the exam’. Those princes who are so un-royal in every sense. any result from any convoluted process such who rigged in the last election were so heartless in as the nation almost had in 1998 when all their rigging as to denigrate the dignity of our But the outcomes of elections are not exclusively the political parties adopted the ultimate electoral process. The time to salvage the future dependent on what the candidates and politicians dictator, Sani Abacha as ‘consensus’ election and the electoral process is now. alone do or fail to do in the system. What the candidate. voters and the populace do is also important because they are all stakeholders in the polity. There can be as many variants of democracy There can be as many Elected representatives, on assumption of office as there are sovereign states and a become the representatives of all including those corresponding number of definitions. But the variants of“ democracy as who voted for or against them or who did not vote truth remains that certain ingredients cannot at all. That is why in the run up to the election, be taken away from democracy and free and there are sovereign states the public was advised on how they should vote fair elections, else these concepts fail the and a corresponding right and resist people from subverting the test. It is no democracy if there is no freedom electoral process. of association and formation of political number of definitions. But parties. On this score, Nigeria rates high, the truth remains that Well said. But which member of the public could having as many as 30 political parties. Kudos have resisted the agents of state or the armed must go to Gani Fawenhimi, the lawyer and certain ingredients cannot political thugs from carrying out their nefarious social activist whose tenacity through activities during elections? If a voter cast his/her application to the judiciary for interpretation be taken away from vote and waited to see the votes counted and the in the face of mounting opposition from the democracy and free and fair results entered in a form, how could he/she confirm establishment led to the opening up of the that that same form and the results would be used political space for more than the three parties elections, else these at the collation centre? If elections were not the country had. But then, it is also true that conducted in some polling units at all as reported the undue delay by INEC to register and concepts fail the test all over, but results eventually announced, what recognise the new parties until few weeks to ,, should a voter who was deprived of making his/her Law Enforcement Review, June 2003. 47