Opinion: How we sentimentally undermine our justice system

Until broke

The criminal justice system in developed democracies exists to suggest that everyone is equal before the law. It is an ideal we aspire to, but the reality is, whilst everyone can have their day in court, not everyone has competent or exemplary legal representation.

There is an often paraphrased saying attributed to Prof. Alan Dershowitz, "Everyone is innocent until proven broke."

I think he said this about one of this high-profile trials of a Kennedy scion, O. J. Simpson or Michael Jackson, either way, the respondents got off, or got off lightly.

By intimidation

In Nigeria, the reality is, justice is procured by intimidation. There is no limit on the number of senior lawyers that can represent you in court. The Nigerian equivalent of the UK's Queen's Counsel (QC) is the Senior Advocate of Nigeria (SAN).

A typical high-profile case can have over 5 SANs representing the respondent and thereby in advertently intimidating the opposing counsel and the bench whilst getting the most atrocious verdicts in the process. It is a travesty in need of urgent review.

Yet a case well-argued can have a defendant literally getting away with murder. A situation that can exercise the public and lead to the mass expression of displeasure at what is put forth as justice. The system has built-in mechanisms to correct this, if the will remains to pursue such.

Avoiding sentiment

However, justice in the criminal justice system has to derive from law and statute, not from sentiment. If society cannot abide or tolerate a judgement for its harshness or its leniency, it is incumbent on the state to review, reassess and probably appeal. That is how the system works.

Once judgement is passed and the sentence served, that due to society has been paid even if the crime that elicited judgement is atrocious, despicable or heinous. Justice cannot be the domain of public opinion or sentiment in civilised societies or we cede order and peace to the mob.

I am concerned for the situation where some members of the public have initiated petitions to additionally thwart the return to productive engagement in society because they are unhappy with the crime and the supposed criminal who has served their sentence.

Undermining the role of justice

For someone not to be able to return to their profession, though influential but not directly engaged with vulnerable members of society because some people have gathered to oppose it is unfair.

It defeats the whole purpose of punishment for crimes as part of a criminal justice system that sanctions as a deterrent and the purpose of prison as a place of correction and rehabilitation for return to society.

We must be careful not to become members of a sanctimonious and sententious mob of petitioners whose busybody distractions militate against order to exercise sentiment oversight of a fully-functional criminal justice system that has fulfilled the needs of the law.

Preparing for a neighbourly dispute

Parking to the letter

I never get to write letters like this that often though sometimes one just has to be polite, firm and resolute about protecting one’s property from abuse.

My apartment comes with a car parking space and they cost a premium in Amsterdam, as the last year turned difficult I attempted divesting myself of that asset without success and so the hardship that followed.

Thankfully, things have begun to turnaround and it is still part of my property as it sometimes gets used by neighbours or other apartment block residents that have the courtesy of asking to use the parking space.

Though, I do remember a birthday celebrant coming over to ask to use the space years ago at least that was the reason she gave for wanting usage but whilst I am not complaining the offer of a piece of birthday cake would definitely not have been snuffed at – there’s gratitude for you.

Taking liberties

So, by happenstance I took my bicycle into the garage to get air in the tyres and saw a car in my parking space, it did not belong to my neighbours or my friends so I called the Residents’ Committee about the problem that I have now learnt is rife in the apartment block.

There have even been instances when the illegal activity have involved the miscreants moving non-vehicular property of the spots to park their cars, how annoying.

The Residents’ committee got back to me today and offered a few suggestions including getting a vehicle removal firm to shift the car, meanwhile, I have be taking pictures of the “criminal” activity for actionable process.

Stretching the meaning of theft

One analogy I was given was I do not expect when I am away from my home on holiday to see others occupy my property without my consent, that would be burglary. Without extensive extrapolation to occupy a parking spot without permission is an inconvenience if needed and an affront to polite society even it is empty, it might not be burglary but its value gives it a context of an element of theft.

I have given the miscreant till tomorrow morning to move that car before I am compelled to take drastic action.

The responsibility is not mine

It would be interesting to note that as I placed the letter under the windscreen wiper there was an envelope just on the dashboard without an address but a mobile phone number, probably from the abuser expecting me to call and then using that occasion to ask for permission to use my parking space.

Well, honestly, after three days of my noticing the car on the spot, there is no reason for me to seek out the culprit and then be bounced into doing the person a favour. It is incumbent on that person to seek me out and do that, so there we are.

Without Prejudice

I do not know if Dutch law allows for the usage of “Without prejudice” letters, but in English law I am informed that it grants the sender certain privileges of protection of expression that the receiver cannot take advantage of in law.

Many a time, when I was in the UK, it came in handy when dealing with difficult situations. English just happens to be my mother tongue even whilst living in the Netherlands, my shame but then, it has its effective uses.

The purpose is to ensure I am not unnecessarily inconvenienced if I do decide to have the vehicle removed and rightly so. The letter appears below.

Without prejudice

To whom it may concern,

I have noticed over the last few days that you have parked your car in my parking space without my permission.

Whilst the space is empty it does not make it a free parking space; it is a matter of common courtesy to request permission to put your vehicle in a place that you do not own.

I have for actionable purposes taken pictures of your vehicle on the space and reported the matter to the Residents’ Committee.

I would kindly suggest you remove your vehicle by dawn of the 23^rd of September 2010 before I seek redress for this illegal activity.

I hope with this note you are duly notified without prejudice and with the utmost consideration on my part.

With the kindest regards,

Signed with contact number.

Nigeria: Abba Abacha sues the Swiss for Nigerian loot

Speechless and more

I read it with a sharp intake of breath, the effrontery of it all, the shame-faced boldness of hereditary impunity that started from leaders the generation before ours, is perfected in their children and beyond belief in their offspring.

One can only wonder what drives these people, so despicable, exuding of privilege and unearned entitlement with the means to buy the hearts and souls of those who would pawn their beings for filthy lucre.

Yes, Abba Abacha, the son of the despotic and heinous Sani Abacha [1] who plundered Nigeria till she was bereft and squeezed her till her pips squeaked has taken the Swiss to court [2] to challenge the order to return ill-gotten assets to the tune of $350 million.

Brigandage to the extreme

It is conservatively assumed that Sani Abacha as Brigand-in-Chief robbed Nigeria of $2.2 billion, of which the family after his death returned about $700 million.

That was not in taxes and definitely not in restitution, they were just so blatantly open with their kleptomania the momentary tinge of guilt that extracted that return now seems to have faded away completely.

In making a claim for the return of the moneys, I would suppose Mr. Abba Abacha has hired a crack legal team that might be offering services on a no-win no-fee basis with their greed latched onto a percentage of the returns, if any.

The lies would amaze

The perjury, perfidy and falsehood that would consist the weight of evidence in this case might make the devil innocent, because one can only wonder what business activity or providence might have created this largesse of wealth for the Abacha family without any noticeable commercial entity to back the sources of the wealth.

The gall of it all is breathtakingly beyond belief, Abba Abacha has grown so accustomed to the bilking of Nigeria that he can see no wrong in having his hands on stolen moneys and is ready to defend to the utmost the right to be labeled a thief as his father so obviously was.

There was a time people would hang their heads in shame and not be seen in public for the disgrace of dishonesty, lies, treachery and distrust – now, if you have the money, you can never be wrong no matter how bad you have been.

Swiss roll him into jail

Mr. Abba Abacha has been refused a visa to Switzerland to attend the hearings, but I should expect if he does return, the Swiss should happily accommodate him in gaol on the technicality of having rescinded the suspended custodial sentence he received in November 2009.

Everyone has the right to fight for what is right, but this is wrong, it brings unnecessary opprobrium to an already battered reputation of Nigeria and Nigerians, he as a member of a criminal organisation now needs to face justice and hopefully the return of most of what allows him to strut about with outrageous arrogance.

Sources

[1] Sani Abacha - Wikipedia, the free encyclopedia

[2] BBC News - Son of Nigeria's Abacha challenges Swiss $350m order

Nigeria: Dutch parties demand Nigerian gang police force

Calling the Ambassador

This is a very worrisome development that requires some action and activity from the official representation of Nigeria in the Netherlands; it must be debunked and condemned forthwith.

Whilst there might be cases of criminal conduct by aliens in the Netherlands, the idea that Nigerians can be singularly identified as a group that specifically requires the establishment of a permanent police force [1] to monitor and investigate their activities is outright discrimination and disconcerting.

This populist demand by right-leaning parties as the CDA, VVD & PVV to the Justice Minister to establish a permanent police force with Nigerian-criminal-gang tinted-glasses does not augur well for the improvement of relations between the Netherlands and Nigeria.

Nationality must not matter

Criminals should be treated as criminals and afforded the full scrutiny of the law and justice processes regardless of where they are from; the whole idea of a Nigerian crime squad is a fallacy that portends that Nigerians have more criminality than other nationalities.

It does not seem there is consideration for the fact that other black Africans can feign Nigerian-hood just as Nigerians can seek to deny that they are from Nigeria for all sorts of reasons.

One does wonder what will happen if other nationalities create the perception that they have a criminality quotient higher than a presumed norm. Would these parties also demand a British gang squad, a Polish gang squad or even a Serbian gang squad?

A level investigation field

There probably is a case for establishing and a serious crime squad to deal with particular kinds of crimes, to establish such a squad to target nationalities smacks of populist racist intent and it does not augur well for society.

There are enough laws in the land to deal with criminals, but it is not enough for suspects who have not been through the legal and justice process to be branded undesirable aliens, just on suspicion rather than legally tested evidence of the suspicion leading to conviction; where that would then make them undesirable aliens and hence candidates for deportation.

Leaning to the populist

The names of the parties calling for this atrocious exercise belie a false sense security and tolerance; the Christian Democratic Appeal (CDA) as the majority party in the ruling coalition does not necessarily exhibit a Christianly approach to justice as it panders backward-looking to Calvinism rhetoric.

The Party for Freedom (PVV), lead by Geert Wilders is hardly about freedom but populist doctrine that aims to fracture society and community.

The People’s Party for Freedom and Democarcy (VVD) used to be the haven for Rita Verdonk (Lady Oddjob), it is supposed to be a liberal leaning party, but they have been anything but liberal in their policies and pronouncements.

Sources

[1] News Dutch MPs demand crackdown on Nigerian gangs - News from The Netherlands – Expatica

Nigeria: Reforming the Justice System

All for the dime

Almost twenty years ago, I had just returned from England on a business trip where I had acquired computer systems for our fledgling desktop publishing business in which I was part-owner and technical director.

One of the things that gave that business promise was that another sister company of the many in the stable of my business partner, a lawyer, was a printing press, it meant project timelines were cut and we had considerable flexibility in the design process.

But like most Nigerians at home, there is this scattershot approach to business, they have to be involved in everything that makes a dime (kobo, Nigerian lowest coinage currency) rather than concentrate on the core abilities and direction that makes a well-earned dollar (Naira, Nigerian notaphily).

My business partner, say for simplicity sake, Alhaji, who was also a director in one of the largest old economy banks of the time and a Muslim decided to ride the wave of yuletide and entered into the Christmas card wholesale business.

Arrested on the whim

It was interesting to see how many hustlers came to him with all sorts of crazy ideas, he fancied himself some sort of venture capitalist, but this one was real crazy because it looked so lucrative that staff in the new company found to retail these cards pilfered some and sold off to other firms.

Alhaji, on finding out that he was being short-changed called in the police and cleared out all staff to the police cells regardless of which company they were working for – without the courtesy of even informing me that my staff have been incarcerated.

When I eventually found out the next morning, I visited the police station where I was told no charges had been filed and the release of my staff was quite possible and a silent pause that lasted a good few hours – I only communicated in English and despite my years in Nigeria, I had an accent that was neither West-Midlands nor purely Nigerian, it set me apart.

Big-man menace

One of my staff was able to negotiate the terms of release which included the payment of almost N500 (Naira) which was not recorded anywhere, I signed their release document that clearly stated in words, I had paid nothing to secure their release.

This was one of my experiences with the justice system in Nigeria, the ability for “big-men” to menace anyone they can with arrest, forgo the person to a system where the police rarely interview or investigate, but it starts the money ladder of negotiations that have seriously corrupted the system almost beyond repair.

The need for reform

Last week, I read in the Economist [Source – Nigeria | Do reform the justice system | Economist.com] an article that acknowledged the interesting developments in the justice system in Nigeria but justice for the little man was still far off, in fact, from the Economist article, it appears things have worsened compared to 20 years ago.

The story starts with in a similar vein as the one I recount from experience, this time the accused spent time in police custody, got moved to jail and only got a hearing for bail after 4 months; it took 2 days to complete the paperwork and another N100,000 (Naira) to the police to help reduce the charges.

The Economist recognises that the once untouchable politicians are now more frequent guests in the court, electoral tribunals are delivering judgements once thought unattainable and there corporate responsibility suits being filed.

Starting with the police

The problem we all know starts with the police, who in the picture shown attacking a civilian, even about a year ago, officials from the EFCC [Source - Economic and Financial Crimes Commission - Wikipedia, the free encyclopedia] swooped on an Internet cafe in Lagos, rather than carry out their legitimate function of charge and arrest, people were getting both physically and verbally abused unnecessarily.

People do not get read their rights or charged within a reasonable time frame as the system sinks into a corrupt mechanism that tugs at the desperation of the accused and their relations who out their scarce resources have to fork out amazing sums of money to oil the system.

The prisons are said to be over twice filled to capacity and the criminal justice system still grinds so slow that many may never see trial for years, if ever.

Lagos State to the fore

So, imagine my surprise when I read in one of the online newspapers that the Chief Judge of Lagos State has made it an offence to arrest the relations of a suspect [Source - allAfrica.com: Nigeria: 'Police Can Only Arrest Suspect, Not Relations'] in lieu of the suspect where the relations are not principals in the supposed allegation, accusation or crime.

One can understand that arresting relations can persuade the suspect to yield to the law but it is a classic case of mass punishment affecting the innocent in the quest for the suspect, it is a good step.

The announced reforms also include recording statements by video in absence of which statements should only be recorded in the presence of the suspect’s lawyer.

Suspects should be read their rights which include the right to remain silent, something we have lost in the United Kingdom and the suspect can exercise not to be questioned till legal services have been obtained.

A lot more in the bag – women can stand as surety

Other interesting developments are

• All arrests and detentions without a warrant should be reported to a magistrate
• Plea bargaining and sentence bargaining are available to both the prosecutor and defendant
• Community service can be served instead of custodial sentences where appropriate
• Citizen’s arrests can be made for people caught damaging public property – well, and what if arrest is resisted?
• An application for the stay of proceedings would no longer be allowed to delay justice until a final judgement is given
• Women can now stand as surety in their own recognisance – this is a laudable development
• All magistrates shall no more be addressed Your Worship but now Your Honour

Must go to more Nigerians

Some readers might wonder how on earth we have never had these properly enshrined in law and funded accordingly, especially the video evidence part – these are a given in more advanced democracies. It is gratifying to see that an amalgam of British and American criminal justice initiatives appear in this reform process.

However, I do wonder if some of these measures would not complicate an already overworked bureaucracy introducing new toll gates for corrupt influence – the announcements have to have overseers that have the power to inspect, review and sanction those who flout the new laws.

The ability for women to stand as surety is a long overdue right which stands right with equality before the law, the recognition of women in Nigerian society still has long to go, but this must be applauded.

Finally, the federal system in Nigeria allows for laws to be enacted at state level, but why are these commonsense rules now introduced to the whole of Nigeria as federal laws and how would this sit with the unequal rights of women in states where they have the parallel Sharia legal system?

May Justice come for the killing of Yanire Izaga

Charged with Murder

The sad story of the death of Yanire Izaga continues as news comes that her highly successful insurance executive father, Alberto Izaga is being charged with her murder.

I wrote about this a few months ago when we heard the news that a two-year old girl who had inadvertently disturbed the Sunday morning lie-in of her parents was battered to pulp, it transpired that she died of head injuries two days later and her father got sectioned under the Mental Health Act.

Now the charge of murder has been made and thankfully, it is not manslaughter because nothing on earth can excuse the kind of treatment that was meted out to a toddler who just was seeking love and attention as any child that has parents would do, the prerequisite of being loving parents should be a foregone conclusion.

The duty of parenthood

If the parents cannot love or the child happens to be an unfortunate result of an unintended impregnation (I cringe at this construction), the child should be put in the custody or other more caring members of the extended family or put up for adoption where many who suffer child-birth difficulties would cherish such a wonderful treasure.

In any case, there is a need for justice to requite this egregious abuse of innocent life as well as the need to make a serious example of this man who must not only regret all his life what he has done, the maximum extent of legal and judicious sanction must be visited upon him.

Alberto would most likely hire the best lawyers money can buy, but apart from mitigating statements to leniency in the strength of condemnation that would come from the bench, any lawyer that attempts the defence of diminished responsibility must have had their hearts heating the pools of fire and brimstone in the depths of the dark world.

No parent can diminish their responsibility of care to that of murdering their child, neither should the mental health institutions allow this to pass for some technicality that would allow murderers of children to return to our streets or sire children ever again.

A mother in murder

For now, I have no words for the mother who regardless of what kind of domestic relationship she might have had with her husband should have done well to shield her daughter from this unspeakable violence.

The law might not find her culpable, but if there is any Great Judgment to face in the future, this must feature very high on her charge sheet.

In the midst of other prevailing issues as the disappearance of Madeleine McCann and the Niagara Falls leaks from the Portuguese police who seem to be excelling at rank incompetence, the matter at hand should be centred around the child – justice for the death of Yanire and delivering Madeleine dead or alive so we can move on with lessons learnt from the strange evil world that our children now find they must inhabit.

To Bedlam or Belmarsh and throw the key away

Success and distress

Sometimes rather serious events highlight difficult to explain situations where the law has to intervene for the safety of all concerned.

In this case, a man of 36 has been sectioned under the Mental Health Act 1983 for some very disturbing domestic events.

The said man is a director of Swiss Re, the world's largest reinsurer with revenues of over $28 billion and as the head of life and health products would have serious responsibilities.

Now, I have worked in the City years ago and I have seen the kind of pressure that people can be under to perform, to excel and to get ahead - people should however find ways of relaxing so as not to carry the travails of work back home.

Kids do it all the time

So Sunday morning the man and his wife seem to have a lie-in then little daughter gets up early to visit mum and dad, she ends up seriously battered, with life threatening injuries, lying conscious bleeding from the mouth, nose and ears.

One might now wonder if this serious act of child abuse was a first offence or just one of those many where this time it just went too far - the girl was only 2 years old.

She might have been warned or even threatened with menace if she ever came in to disturb mummy and daddy whilst they were still asleep; in any case, it is still unforgivable.

One law for children

If an adult had suffered this kind of beating, the culprit would have been done for Grievous Bodily Harm, maybe attempted murder and definitely would have been in a police cell awaiting arraignment, however, because it is a child, the culprit is mercifully granted hospitalisation for what is presumably a mental health issue.

Mental illness is agreed by most psychiatrists to cover schizophrenia, anorexia nervosa, major depression, bipolar disorder and other similar illnesses, "(severe) mental impairment" to cover mental retardation (learning disability) and "psychopathic disorder" to cover the personality disorders.

I might agree that there is a mental health issue here though this might be closer to a personality disorder than a mental illness because no one beats up a child to unconsciousness for any purpose and definitely not your own child as a parent or guardian.

It would be expedient of the police to dispense with this case with the utmost alacrity and remove the mental health safeguards to treat this man as a heinous psychopathic criminal who is also a danger to society at large.

Closing this case

His career must now end at Swiss Re whilst hopefully the company having reposed such confidence in the man so as not to have people question his sanity should bequeath a largesse to ensure the welfare of this little girl is comprehensively assured to adulthood.

I am not sure the woman involved who might also be the girl's mother is of adequate capability to continue to exercise the lien of parentage over the girl; she might have to be fostered by extended family that might help accelerate the healing of her trauma.

I do pray God that the girl does survive and recover fully; meanwhile, the charge of attempted murder should not be far from the hearts, minds and lips of prosecutors.

Regardless of the pressures we have at work, it is no excuse to return home and take our frustrations out on our families, there are just no mitigating circumstances for that kind of behaviour apart from the fact that it shows how less of a man the "so-called" successful businessman really is.

Whether to Bedlam or to Belmarsh lock him up and throw away the key - this is completely unforgivable.