On the 9th of June this year, I was drawn into a conversation on twitter about a nameless woman who was raped to death by some cattle rustlers in Ovia North East LGA about a week prior to this discussion. News report had it that the only witness to the crime was the woman’s 18year old son who fled the scene and reported the matter to Ekiadolor Divisional Police headquarters. In the news report that sparked up the conversation on twitter, the Public Relations Officer (PRO) to Edo State police Command confirmed that three suspects linked to the crime had been apprehended. The possibility that justice would be served if corrupt police officials aren’t paid off to release the suspect pending a court case was what stirred the conversation on twitter. This conversation was by a few concerned Nigerians (not necessarily those living in Edo State) and it went from on how the criminals should be prosecuted and sentenced to how flawed the justice system in Nigeria is. The cases sited to support the latter claim were the ALUU4, Cynthia Osisogu Facebook murder case, and a few other high profiled cases in which there has been no closure despite the years gone by. I recall sharing their sentiments when the Oscar Pistorius Trial in South Africa, came to a close within a year of the suspect’s arrest with every detail of the court proceedings covered by BBC Africa and other international journalists.
Why does it seem like the judicial system in Nigeria is non-functional? Why do cases go on forever with no closure even when the accused or suspect has been granted bail? It hurts to see a guilty suspect go on living a normal life as though nothing ever happen just because the court is yet to decide appropriate punishment for the crime. Why does it seem as though Lady Justice is not only blind but sluggish? It is because our legal system is broken.
It is filled with everyday people like you and I whose basic instinct is first survival before a high desire for seeing justice served on offenders. It’s not like lawyers don’t have a sense of moral indignation that fuels their desire to protect the vulnerable in society against perpetrators of crime, it’s just that practicing law is first a job that meets their basic needs of food, shelter, etc before it can become a form of social activism. That is why most lawyers hardly take on pro bono cases because for them to do that or for them to become vigilantes, they need a steady source of income that won’t be affected by their passion for justice. This is no way an attack on lawyers but a way for us to see how each individual element contributes to the breakdown of our justice system. Starting with the law practitioners is simply my attempt to explain why cases would rather be adjourned forever because each court appearance is factored into the fees to be paid by their client -the guilty, innocent, victim or accused.
Yes it is true that sometimes the police does make mistakes in their arrest and accuse innocent people of crimes they did not commit. [As can be seen in the story of Cynthia’s Murder where an innocent pharmacist, a graduate of Igbinedion University Okada, IUO Benin, was framed by the police and wrongfully accused. In his case protests and petitions from friends and well wishers both on social media and otherwise was what saved him from the 15count charges.] These suspects are held in prison cells till the case has either been taken to court or settled out of court at the police station since it is usually up to the judicial system to decide the suspect’s fate – guilty or innocent.
In the case sparking this discussion, it was agreed that in every state there is a legal aid who should be responsible for taking up cases like this nameless women’s case as pro bono and fight till justice is served. As of right now, i'm unaware of the existence of a Public Defenders Legal Aid office (where the lawyers' fees are covered by the Government to enable the poor get justice if they can't afford the normal legal fees for court proceedings) in any State in Nigeria. We are most certain that one of the reasons a lot of crimes go unpunished in our system is because most victims cannot afford the legal fees associated with fighting for justice and if that’s the case why bother reporting to the Police when a crime is committed?
If the system has failed to maintain order and protect citizens, who then should be held responsible for restructuring the system? By the justice system, we are referring to the lawyers, judiciary, the executive and the legislators. @adeken01 said, “So far the current system allows the inept to thrive while good men are labeled as whistle blowers?” Whose job is it to ensure that something is being done when criminals are said to be tried and sentenced under the Law? Who is to follow up and ensure due process is achieved?
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