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Criminalising ransom payment will inflict jeopardy on helpless Nigerians- Lawyers

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Some lawyers in Kaduna on Thursday condemned the proposal to criminalise payment of ransom to kidnappers, contending that the law if enacted would inflict jeopardy on helpless Nigerians.
In separate interviews with the News Agency of Nigeria (NAN), the lawyers said the implication of the proposed law is that victims of kidnappings may be with their captors for long or they may even pay the ultimate sacrifice, death.
NAN reports that Sen. Ezenwa Onyewuchi had sponsored a legislative bill titled Terrorism Prevention (Amendment) Bill, which has passed its second reading.
The bill provides that: “Anyone who transfers funds, makes payment or colludes with an abductor, kidnapper or terrorist to receive any ransom for the release of any person who has been wrongfully confined, imprisoned or kidnapped is guilty of a felony and is liable on conviction to a term of imprisonment of not less than 15 years.’’
Mr Linus Nathan said that the government should address the root causes of extreme poverty that has increased insecurity in the country rather than criminalising ransom payment.
Nathan also advised the government to adopt technology to combat kidnapping and allied crimes, thereby giving felons no hiding space.
He said that the adoption of technology to fight crime would ensure that there are no ungoverned spaces in the country.
The lawyer further stated that resources and legislative energy for criminalising payment of random should rather be channelled into tackling the onslaughts of criminals on innocent citizens.
“Nigerians pay ransom because of the failure of the government to live up to the provisions of Section 14 (2) (b) of the Constitution of the Federal Republic of Nigeria.
“Section 14(2) (b) provides that the security and welfare of the people shall be the primary purpose of government.”
He added that amendment of the bill may not yield better results in the fight against kidnapping because the government should be talking about very practical solutions before going into legislative activism.
Also, Michael David said that the reason why many pay ransom was because the security agencies were handicapped in getting intelligence to nip crimes in the bud.

He said that the government which dialogues, grants amnesty and pays huge sums of money to repentant’ terrorists to appease them to desist does not have moral right to criminalise payment of ransom.
David stated that that the proposed amendment bill would traumatise victims of kidnap rather than help them and their loved ones
“Nigerians have been left at the mercy of criminals without the government and security agencies being able to rescue them.
“They are left with no options, parents and relatives of kidnap victims negotiate with bandits to secure the freedom of their loved ones.
“This cannot be our priority, our priority is for governments at the Federal, State and Local levels to redouble efforts of tackling the root of the problem.
“Government needs to work extra hard in dealing with the proliferation of arms in the country, especially in the hands of non-state actors, David stated.
Another lawyer, Hannatu Musa, said the bill had ignored the grueling pains that families of kidnapped persons go through during the interregnum when their loved ones are kept in unlawful captivity by outlaws.
Musa stated that the position of the 1999 Constitution (as Amended) mandates the government to secure lives and properties, but going a step further by imprisoning those who pay for the release of their loved one is simply over-reacting.
She said that it was the responsibility of the government to secure the lives and properties of her citizens from the hands of villains who kidnap for ransoms, and not punish those who pay ransom for the release of their loved ones.
Musa called on the government to deploy more resources into the security agencies in order to secure its citizens and tackle insecurity in the country.(NAN)

Judiciary

Murder Charge: Evans’ Re-Arraignment Stalled Due to Absence of Lawyer

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The re-arraignment of convicted billionaire kidnapper, Chukwudumeme Onwuamadike, also known as Evans, was delayed on Thursday due to the absence of his lawyer at the Lagos State High Court.

When the case was called before Justice Adenike Coker, Evans stated that he was unsure of his lawyer’s whereabouts. The case was set to address an amended five-count charge of murder, attempted murder, conspiracy to commit kidnapping, and related crimes against Evans and his co-defendant, Joseph Emeka.

Evans’s co-defendant’s lawyer, Nelson Onyejaka, explained to the court that he was unable to contact Evans’s lawyer, who is reportedly not based in Lagos.

State Prosecutor Yusuf Sule urged the court for an adjournment, emphasizing that Evans had delayed the proceedings repeatedly since the case’s inception in 2017. He also mentioned Evans’s previous application for a plea bargain, though it was unclear if Evans still wished to pursue it.

Justice Coker ordered the Office of the Public Defender (OPD) to represent Evans at the next hearing if his lawyer remains absent. The case was adjourned to January 30, 2025, with a directive for Evans to ensure his lawyer’s presence.

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Judiciary

Supreme Court Dismisses Suit by 19 States Challenging Constitutionality of EFCC, ICPC, NFIU

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The Supreme Court of Nigeria has dismissed a suit filed by 19 states challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) Act, as well as the establishment of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigerian Financial Intelligence Unit (NFIU).

The states had argued that the EFCC Act violated Section 12 of the Nigerian Constitution, claiming that a majority of the states’ Houses of Assembly should have ratified the UN Convention Against Corruption before the National Assembly could pass the EFCC Act. They contended that this process was not followed when the Act was enacted in 2004.

However, Justice Uwani Abba-Aji, who led a seven-member panel, ruled that the EFCC Act is not a treaty but a convention, which does not require ratification by the Houses of Assembly. She explained that while treaties require ratification, conventions are agreements among multiple nations and are binding on member states without needing such ratification in Nigeria.

The court further emphasized that the National Assembly has the constitutional power to make laws on issues such as corruption and money laundering, and that these laws are binding on all states. The NFIU guidelines, which the states had also challenged, were upheld as constitutionally valid, as they are designed to set benchmarks rather than control state funds.

In dismissing the suit, the Supreme Court noted that no state has the authority to enact laws that conflict with federal laws on corruption or money laundering, and that the EFCC’s investigative powers do not infringe on the legislative powers of state assemblies. All justices of the panel agreed with the lead judgment, affirming that the plaintiffs’ arguments lacked merit.

The decision brings clarity to the legal standing of anti-corruption bodies in Nigeria, affirming their legitimacy in fighting financial crimes across the nation. The AGF’s representative, Rotimi Oyedepo, SAN, praised the ruling, stating that it solidified the legal framework for tackling corruption in Nigeria.

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Judiciary

NJC Directs Retirement of 2 Judges Over Age Falsification, Suspends Others for Misconduct

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The National Judicial Council (NJC), chaired by the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has sanctioned five judicial officers for misconduct following its 107th meeting in Abuja.

Among the sanctions, Justice G.C. Aguma of the Rivers State High Court and Justice A.O. Nwabunike of the Anambra State High Court have both been suspended from performing judicial functions for one year and placed on a two-year watch-list.

Additionally, two judges—Justice T.E. Chukwuemeka Chikeka, Chief Judge of Imo State, and Kadi Babagana Mahdi, Grand Kadi of Yobe State—were recommended for compulsory retirement due to age falsification. Justice Chikeka was found to have two conflicting birthdates, one of which he altered in 2006, while Kadi Mahdi had three different birthdates recorded, with the actual date being in 1952. Both judges are also required to refund all salaries received in excess due to their extended service.

The NJC also addressed multiple complaints brought before its Preliminary Complaints Assessment Committee, reviewing 30 petitions. The committee dismissed 22 complaints for lacking merit and found two to be sub judice. Other complaints against judges, including Justice O.A. Ojo, Chief Judge of Osun State, are being investigated.

Regarding specific cases, Justice Aguma was found to have improperly facilitated a garnishee order by failing to question the legal basis for bringing the case before his court. Meanwhile, Justice Nwabunike breached judicial conduct by granting ex parte orders without the necessary filings.

The Council also issued cautions to other judges, including Justice I.A. Jamil of Kogi State and Justice J.J. Majebi, Chief Judge of Kogi State, for mishandling sensitive matters.

Further investigations and disciplinary actions were taken in several other cases, including those involving Justices Peter O. Lifu, Joyce Abdulmalik, and several others. The NJC emphasized its commitment to ensuring judicial integrity and vowed to report lawyers who file frivolous petitions to the appropriate disciplinary bodies.

In a positive note, the Council recommended 36 candidates for judicial appointments to various state governors.

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