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COLUMNISTS

Death Penalty: For Hate Speech or Corruption?

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Friday Column: With Menyanga Abu

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Hate speech is that verbal or written communication that tends to attack a person or a group on the basis of protected attitudes, race, religion, ethnic origins, sex and sexual orientation or gender identity.

Rules against such hate speech in most of the countries that care to enact the laws are divided into two main subheadings; the law intended to preserve public order and those intended to protect and preserve human dignity but none of them carries death penalty or jail term of more than three months.
Hate speech laws designed to preserve public order in most cases seem to have very high threshold of violations as compared to those intended to protect human dignity which have very low doorsill for violation.
Hate speech in most cases is an abusive or threatening speech or writings that expresses prejudice against a particular group especially on the basis of race, ethnic nationality etc. It is an intent that promotes violence against or has the primary purpose of inciting hatred against individual or group based on certain attitudes as mentioned above. Hate speech has no specific legal definition so making such law may fall hardest on the very people they are intended to protect. The prohibition of hate speech is likely to be characterized by unavoidable vagueness and over-breadth.  Hate speech is fittingly vague and will take serous brain storming for any intelligent person to guess at its full meaning. Hate speech laws, where they do exist are most often inherently subjective and ambiguous with the use of the word like insulting, abusive and outrageous. Any law prohibiting hate speech can dissuade people from engaging in constitutionally protected speeches and constructive criticisms. On individual basis, one person’s hate speech could be another person’s anti-hate speech. As such deciding what should constitute hate speech will definitely leave rooms for our law makers to err or disagree about whether an expression is really hate speech or not. It is very important to mention here that banning hate speech will not anyway remove hatred and divisiveness from Nigeria as long as we are not addressing the root/underlining causes of such hate speeches. So criminalizing hate speech merely drives it underground. We should be free to hear ideas and the happenings in the act of governance that the government does not want us hear.

Corruption, on the other hand, is dishonest or fraudulent conduct by those in power, typically involving briberies and so on. It includes all processes by which a word or expression is changed from its original state to one regarded as erroneous or debased. This also includes inducement to wrong by improper or unlawful means, departure from the original or from what is correct. Conclusively, administrative corruption is dishonesty and illegal behaviours by the people in position of authority or power. The costs of corruption according to Oscar Gonzalez Peralta is much more than financial, it is also social, political, human and environmental. Financially, corruption has direct impacts on the wealth of the populace, diverting our common wealth to private purses and purposes instead of the use for the common good. It generates underground economy that tends to dissuade foreign investments. Socially corruption corrodes trust, not only in institutions and systems but also in people. Politically, corruption is one of the greatest obstacles to democracy and the rule of law. It dislocates all democratic processes, frameworks and applications. It damages human nature and tends to create rift between human being and their ultimate purpose in life. Corruption according to Mr, President, Muhammadu Buhair, “stands out above other problems in Nigeria as it is both a cause and aggravator of the rest of our problems”. If corruption stands out above other Nigeria’s gamut of problems according to Mr. President why can’t our legislators prescribe death penalty for it – the cause and aggravator – of all other problems in Nigeria? Is it the hate speech that is holding the country down? This assertion is very correct because corruption has resulted in the lower governance effectiveness especially the lower tax base, weak direct foreign investments and lower human capital as fewer people especially the poor are not able to access quality health care services and education as witnessed today. 

Corruption, not hate speech tends to undermine supports for democracy in a struggling or shallow-rooted democratic setting like ours. Corruption in political system may occur both at high and low levels throughout the democratic and administrative procedures. This can create cynicism, suspicion and distrust among the populace and not the hate speech as we are made to believe by our law makers. High level corruption is far more dangerous to democracy than hate speech. If the people at the highest levels of governance are honest which is not the case in Nigeria today, citizens are more likely to seek a change in administration to demand honesty at the low levels. Systemic corruption as witnessed in Nigeria is far more dangerous to democracy than the hate speech that our law makers are trying to prescribe death penalty for. Systemic corruption can change the entire outlook of a population by making trustworthy people to feel as if they have been foolish and cheated out over the years and they may encourage the young ones, the children and the adult to accept cheating and corruption as a way of life yet our law makers don’t see this as a phenomena that need death penalty but hate speech. Corruption to some extent has eroded that trust we suppose to have in our leaders, and it is this trust that citizens have in their leaders that deepens democracy. We have so lost hope in our leaders to the extent that we no longer believe that something good can come out of the country Nigeria apart from corruption. Corruption as social ill is destroying the qualities of democratic dividends as well as making the country to lose the unaccounted benefits of democracy. Corruption no doubt affects the cultural, political, social and economic structures of our country Nigeria and seems to be destroying the functioning of our democratic structures and organs. Corruption from all indications is affecting the quality of governance and efficiency of public policies, distorting the allocation of resources, obstructing the development of the private sector and negatively affecting the well-being of the poor masses. Yet our law makers don’t see anything wrong with the level of systemic corruption in our society but only hate speech which is an appendage of corruption that should attract death penalty. What a misplaced judgment. The government should be able to tackle the root causes of hate speech such as bad governance, corruption, impunity on the sides of our political leaders, the elite group and the rich among us.

Hate speech no doubt is dangerous because words have power and can influence others to act. It promotes division, intolerance and also can harm and marginalize the vulnerable if they are targeted at. For clarity, hate speech is merely saying hateful things, it is not in any way the same as discrimination, harassments, threats or violence which are qualitatively worse and should be rightly criminalized. I don’t subscribe to hate speech nor support its total criminalization nor death sentence. We know that allowing certain liberties such as hate speech may have an overall negative impact on freedom, but that does not call for death penalty for such speeches. We have this monster – corruption – that has become a way of life in Nigeria which I think in my own opinion anyway, should attract death penalty to serve as deterrent to intending perpetuators. It is corruption and not hates speech that has grounded the country to a standstill in terms of growth and development. If I could remember vividly, Mr. President, Muhammadu Buhari once said during his campaign in 2014 that we must do everything humanly possible to kill corruption before the corruption kills Nigeria. Nigeria I may say is corrupt not because of those who do corrupt practices but majorly because of our leaders whose watch such corruption being carried out without doing anything to stop it. May be our law makers are not sentient of the damages that corruption has done to our economic growth and development.

Every human being has the right to voice an opinion without bowdlerization or punishment. We must be free and able to express ourselves and to seek, receive and impart information and ideas regardless of frontiers. We also need diverse, uncensored, trustworthy media to help us make well-informed decisions and fully participate in political activities. As a people we should be able to express ourselves openly and with robust civility about all kinds of human differences and to challenge all limits to freedom of information justified on such grounds as national security.                  

Democracy cannot strive in the face of endemic and unjustifiable systemic corruption as such the earlier our law makers prescribe death penalty for corruption rather than hate speech in this country, the better for democratic growth and general development.

Menyanga Abu, is a Health System and Development Consultant.

COLUMNISTS

The Emefiele Mess and Rivers State’s Comedy of Errors

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By Zainab Suleiman Okino

The former Governor of Central Bank of Nigeria, Godwin Emefiele finally got a respite last Friday when he was released from Kuje prison after meeting his bail conditions, but not before his alleged atrocious and unfathomable heists were made public, to his eternal disgrace.

Emefiele was arrested by the Tinubu-led government and spent 195 days in detention, while investigations into his tenure at the apex bank were ongoing.

Although the media decried his and the former EFCC chairman, Abdulrasheed Bawa’s long detentions without trial, in line with the country’s laws, by the time his trial commenced, it had become obvious that we had a juvenile-like man in charge of the trillion-dollar economy of Nigeria.

It is therefore not a surprise that the economy also collapsed and all he could do was to encourage a figure-head President Buhari to borrow and borrow more.

Back to the shocking revelations shaking the fabric of the Nigeria society, Emefiele, according to the special investigator, Jim Obazee, operated 593 illegal US, UK, and China accounts and diverted £543,482, 213 into UK banks alone, in addition to his trial over N1.2 billion procurement frauds.

There are also allegations that Emefiele sold or “gave away” Union Bank, Keystone Bank and Polaris Bank to proxies and cronies in the guise of being special purpose vehicles (SPVs) for acquisition after CBN’s no objection report, which he had orchestrated.

Emefiele’s sins are many and the coming days will reveal the Tinubu-led government’s readiness to handle corruption-related issues concerning the ex-CBN governor, other key players in the previous administration, and anybody for that matter, and that includes those associated with him.

Emefiele, fresh out of prison, has sought for the further investigation of the shady deals he was accused of, while claiming that the accusations against him “are false, misleading and calculated to disparage my person and injure my character.” I hope so too and wish Emefiele good luck, because only a person with mental disorder would commit such malfeasances and hope not to be held accountable for them.

By far, the most damaging of Emefiele’s obnoxious policies was that of the naira redesign, which assumed a political dimension allegedly to stop Tinubu from emerging as president, but nonetheless had devastating consequences on ordinary Nigerians, leading to deaths and the crippling of people’s finances.

To think that the idea emanated from a former presidential aide and relation of President Muhammadu Buhari, is to take Emefiele’s loyalty to the Buhari cabal to a ridiculous extent. What exactly did Emefiele want? As a former MD/CEO of Zenith Bank before his appointment to the apex bank by ex-President Goodluck Jonathan, he should have felt accomplished enough not to allow his ambition, greed, and pressures from the cabal (no matter how powerful they are) to sway him towards unethical deeds, with far-reaching consequences on his reputation.

Again, Emefiele is fighting back, claiming he had presidential approval for the naira redesign, and that he neither operated 596 accounts, nor withdrew $6.23 million alongside former SGF Boss Mustapha. Whatever!

He was perceived as having his two hands in the national cookie jar, while the Nigerian people reeled in poverty. His disastrous political voyage did not help matters. Emefiele’s alleged financial sleaze and fleecing of the country was unprecedented and the most brazen in recent times.

But instead of being cautioned, he was encouraged by other officials of the Buhari government in an unholy alliance that only the ex-CBN governor is now paying for. With his experience in one of the biggest banks in the country, why he allowed non-professionals in government to drag him into the pit is incomprehensible.

Does it really mean there is no limit to the official corruption of top government functionaries or because the Nigerian public also condones it and collects peanuts to become their cheerleaders? So, the joke is on us as a people, if there are no mechanisms to stop financial recklessness in high places before they get to an outrageous level like that of Emefiele.

Running for the office of the president was Emefiele’s greatest undoing and the height of impunity. For this brazen arrogance, it was obvious that losing out would also lead to his waterloo. Was becoming president calculated to protect his loot and turf? To whose detriment? To prove his immunity from prosecution or that he was untouchable? If he had transmuted to the president of Nigeria, he would have made history, running for election as a sitting CBN governor, when he was supposed to be non-partisan.

That thoughtless action would have finally nailed Nigeria as a banana Republic, with far-reaching implications for the country’s image and its people. It would have also meant the diminished integrity of the country’s number one financial institution, which would have become a cash cow for his relentless financial laundering; another form of state capture, whereby corporate governance, leadership capability and personal morals are near zero. Surely Emefiele needs to do a lot to clear his name and extricate himself from the rot that happened under his leadership.

Rivers State Comedy of Errors

When last week President Bola Tinubu invited the warring personalities in the Rivers State political crisis – Governor Siminalayi Fubura and ex-governor and Minister of the FCT, Nyesom Wike – to the Presidential Villa for a truce, little did we know that instead of a thaw, the crisis would spiral into ridiculous confusions, drama, and intrigues.

 However, as things stand today, only ex-Governor Nyesom Wike seems triumphant, but will his laughter last long? With President Tinubu behind him, the answer is in the affirmative. However, will Governor Fubura and the people of Rivers State live with the idea of being governed from Abuja? The reactions from River State stakeholders and interest groups so far reveal otherwise. They were mistaken to think the president meant well by the time the details of the ‘negotiation’ began to unravel.

The president neither reprimanded the 27 lawmakers who had defected to his party (APC), nor asked all parties to return to status quo ante, which would have ensured they remain in their party, dropped the impeachment of the governor idea and withdrew the legal cases against the lawmakers from the court.

 As impossible as this may appear, it was the closest to a peace deal for all. But that did not happen. Instead, the president was silent on the defection. Some other details have since emerged indicating that it was a win-win deal for the strongman and minister, Wike, now in the inner recesses of the power loop of the Tinubu government.

If the PDP/Fubura drops the case of defection against the 27 lawmakers now in APC, how can the governor sleep with his two eyes closed when his impeachment can be organised and executed within an hour? So, where is the governor’s armor or shield against the unexpected? Again, many legal luminaries like Femi Falana and Chief Robert Clarke have condemned the unconstitutionality of Tinubu’s intervention and therefore it cannot hold water. As such, where do we go from here and what transpired?

A member of the Rivers Elders Forum and delegation to the Villa, Chief David Briggs, in an interview described the reconciliation effort as akin to a trick and the imposition of a one-sided resolution. “That was not a meeting. Mr President walked in with a written resolution, addressed us, and declared that what he had in his hand is a presidential proclamation.

He emphasised the fact that he is the president of the Federal Republic of Nigeria, and anybody who tends to say no to what he is saying, it has consequences. Tinubu in a simple layman’s word is a threat. He wrote the resolution but refused to read it. He handed the resolution to Dr Peter Odili to read it.”

I’m not sure Tinubu would have accepted this kind of resolution from President Obasanjo during his crises-ridden governorship with his two deputies at various times, yet that is the bitter pill Fubara is expected to swallow to avoid being impeached and to make Wike feel good.

That Rivers stakeholders are now speaking is a natural consequence of the comedy of error unfolding in their state. If the Fubara-Wike rift continues and political divides deepen, the crisis will linger and multiply. And if President Tinubu does not display sincere neutrality but shows more preference for Wike and defectors from PDP to APC, the intrigues will continue. Who will laugh last in the Rivers conundrum? The politics in Rivers State is more than humour. It has the capacity to consume the governor and create endless frictions, sadly to the detriment of the people. But then who can ever understand the game plan of politicians?

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COLUMNISTS

African Tales in Engineering the Courts

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By Chidi Odinkalu

At their summit in Nassau, The Bahamas, in 1985, the Commonwealth Heads of State and Governments (CHOGM), decided to establish an Eminent Persons Group to explore difficult dialogue with the Apartheid regime in South Africa. The EPG was to be led jointly by Australia’s former Prime Minister, Malcolm Fraser and Nigeria’s former military ruler, Olusegun Obasanjo.

Emeka Anyaoku, the Nigerian diplomat who would later serve with considerable distinction as Secretary-General of the Commonwealth, headed the secretariat of the EPG.

In 1986, the Group undertook its first insertion into South Africa. In his memoirs, The Inside Story of the Modern Commonwealth, Chief Anyaoku narrates that the mission was underwritten by a bargain with the Apartheid regime that all persons whom it met with would suffer no reprisals.

However, in Cape Town, Chief Anyaoku recalls, Trevor Manuel, who was then one decade away from becoming Finance Minister in the post-liberation administration, ended up in a police cell the night after meeting with the delegation.

On the night of Trevor’s arrest, his lawyer called to notify Chief Anyaoku about the fate that had befallen his client. It was approaching mid-night when Chief Anyaoku called Mr. van Heerden, the liaison between the delegation and the South African regime, to accuse them of breaching the understanding at the very heart of the mission. Mr. van Heerden promised to investigate. Less than one hour later, according to Chief Anyaoku, Mr. van Heerden called him back to confirm that Trevor Manuel was indeed detained in a police cell.

In response to Chief Anyaoku’s insistence that Trevor be promptly released, Mr. van Heerden volunteered that he would be granted bail overnight to appear “before Magistrate Court No. 13 the following morning.” According to Chief Anyaoku “Mr. van Heerden then went on to tell me that, once the case was called, it would immediately be adjourned sine die…. I thereafter told him that I would make discreet use of the information he had given me. He interjected that I should please note that his ‘government and security services do not interfere with the judicial processes.’ I said, ‘of course, I know you don’t!’ and we both laughed.”

In a testament to Mr. van Heerden’s powers as a gifted clairvoyant, the court proceedings the following morning went exactly as he had predicted. His gods had engineered the courts.

Apartheid South Africa did not enjoy a monopoly of such gifts of judicial engineering. In November 1992, longtime trade Union leader, Frederick Chiluba, unseated independence ruler,  Kenneth Kaunda, to emerge as the first president of a multi-party Zambia. His party was presciently named the Movement for Multi-Party Democracy, MMD.

The year after President Chiluba’s ascent to power, the office of Chief Justice became vacant after the country’s first indigenous Chief Justice, Annel Musenga Silungwe, quit the office at the age of 57. To succeed him, Chiluba appointed Matthew Ngulube. At the time, Zambia’s judges were poorly paid, a legacy from the era of Kaunda’s one-party state. Chief Justice Ngulube quickly became a darling of the international conference circuit, traveling the world and delivering homilies on judicial independence.

As his second five year term of office came to an end, President Chiluba contrived a plan to succeed himself. Armed with a judiciary which he believed to be in his pocket, Chiluba believed he could overcome a constitutionally imposed term limit and run for a third term. Zambians declined his importunation, turfing him out in 2001 in favour of senior lawyer and Chiluba’s own former Vice-President, Levy Mwanawasa.

At the beginning of President Mwanawasa’s tenure, it emerged that Chief Justice Ngulube’s preferred habitation was in Chiluba’s pocket. Once there, he burrowed himself into the favours of the former president, festooning himself with choice goodies, which enabled him to afford an extraordinary mansion on the outskirts of capital city Lusaka, valued at the annual budget of major government departments. He also trousered a reported $168,000 to finance his tastes, including school fees for his children in order to “buy his loyalty”. Decisions in all cases against Chiluba suddenly became fully engineered. When, for instance, the opposition sued Chiluba – suspected to have descended from the Democratic Republic of the Congo (DRC) – over his nationality, the Chief Justice acted more like the president’s counsel than an impartial judge.

Zambia was not the only place where judges preached independence but failed to practice it. In Malawi, government engineered judges with generous awards of sugar distribution quotas.

In Nigeria, the revolutionary decision by the Supreme Court in January 2020 to award the governor’s office in Imo State to a man who had been well beaten to fourth position in the election conducted the previous year, was trailed a fortnight earlier by a grubby “man of god” with a nose for predicting only what the politicians pay him to.

Last year, as Zimbabwe headed towards elections conducted earlier this year, President Emerson Mnangagwa, overcome with unparalleled generosity, doled out $400,000 to each of the country’s judges claiming that it was a housing loan in a country in which a luxury home cost about 20% of that sum or less. By coincidence, Priscilla Chigumba, Chairperson of the electoral commission, which was to supervise the vote, just happened to also be a judge. The outcome was foregone.

Around Africa, the encounter with elective government has cratered assumptions about judicial integrity and independence. As a result, few are prepared these days to credit judges with virtues associated with Caesar’s wife. In many cases, judges now openly cavort with politicians and are unashamed about serving the interests of ruling parties, rather than holding them to account. The consequences can be brutal.

In April 2020, Mali’s Constitutional Court overturned the results of more than two dozen parliamentary seats won by the opposition. Its decision to hand these seats over to the ruling party sparked an uprising that led to the government’s overthrow. When the court was busy robbing the opposition of its seats,

the Economic Community of West African States (ECOWAS) and the African Union (AU), looked complicitly on. After the uprising had been consummated in a coup, they got their institutional knickers in a proverbial twist, protesting the travails of non-existent democracy.

Judges who refuse to be so readily engineered can suffer intimidation. In Malawi, former president Peter Mutharika launched an unprecedented attack on the judiciary after the Supreme Court upheld a Constitutional Court decision annulling his  re-election and ordering re-run after finding the election to have been massively rigged. In what appeared to be an act of political reprisal, the president, himself a former law professor of considerable experience, moved to oust the Chief Justice, Andrew Nyirenda and another senior justice, Edward Twea, by ordering them to take compulsory leave ending in retirement. Tens of thousands of Malawians, led by hundreds of lawyers, protested in support of the judges. On 14 June 2020, the High Court suspended the presidential order, staying the ouster of Nyirenda and Twea. The people of Malawi did the rest, seeing off the forgettable tenure of Peter Mutharika in the re-run that ensued.

Some judges may even pay with their lives. Such was the tragic fate of Congolese judge Raphael Yanyi, who presided over the unprecedented trial for corruption trial of Vital Kamerhe, the Chief of staff to the president. On May 26, 2020, Judge Yanyi, who was supposed to be under close protection from a team of six specially-trained police officers, died suddenly. The police initially claimed that the judge died of a heart attack “but an autopsy report revealed that he died from knife-like injuries to the head” or what the Justice Minister described as “the blows of sharp points or knife-like objects, which were thrust into his head.” Far from dying of natural causes, it was clear that Judge Yanyi had been murdered.

Wise judges work hard to avoid this fate with benefits. In the past, judicial greatness was calibrated in the currency of jurisprudence. Today, many of Nigeria’s senior judges prefer to measure their success in terms of propinquity to power and impunity with planting their children and intimates on the bench. That is the local currency of judicial engineering.

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FAITH MATTERS

Bandits Killed Twenty- Three Pastors And Shut Down Two Hundred Churches In 4 years — CAN

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Rev Joseph Hayab, the Chairman of the Christian Association of Nigeria (CAN) in Kaduna State, revealed that armed bandits killed 23 Pastors and shut down 200 churches across the state in four years.

Hayab disclosed this during a meeting with the Commissioner of Police, Musa Garba and pastors from different Church denominations in the 23 Local Government Areas of the state.

He said;

“A Pastor who was kidnapped on 8th August, 2023, told the CAN leadership that there are over 215 Christians abducted by the bandits in Birnin Gwani forest.

They are still there and the Pastor told us that the bandits asked him to lead prayers for the 215 Christians while he was in their den.

“We are calling on the CP to look into this issue among many others holistically to build the confidence of the people once again.”

Former Secretary General of the Evangelical Church Winning All (ECWA). Rev. Dr. Yunusa Nmadu Jnr and other pastors who spoke at the meeting, urged the Commissioner to also consider bringing to book Pastors and Imams who engaged in hate sermons and speeches.

They also asked the police commissioner to look into cases of those selling hard drugs, adding that most of the criminal acts were committed under the influence of hard drugs.

Speaking at the meeting, the police chief in the state said criminality should be addressed as a criminal without profiling him or her as a Christian, Muslim or by their tribes or ethnicity.

Garba said;

“Security is the responsibility of all and not only that of the government.While the government takes the lead in the protection of lives and property, individuals are also expected to play their parts particularly in the area of providing information.

“The meeting was basically to strengthen relationship between the police and religious leaders and listen to their challenges and together foster possible solutions. The police force under my leadership in the state will do its very best in the discharge of our duties, We should all be our brothers keeper.

“Always reach out to security personnel around your communities with prompt information once you identify suspicious persons.”

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