JUDICIARY
Justice Oputa was Prophetic

By Lilian Okenwa
It set out to probe the past, seek truth in every corner of the land, reconcile those who felt alienated, heal the wounds of the past and restore harmony in the country. The Human Rights Violations Investigation Commission (HRVIC) popularly called Oputa Panel, started with so much hype and verve.
For nearly one solid year – precisely from October 23, 2000 to October 18, 2001, television stations treated Nigerians to what some called a circus, a jamboree, Oputa home video, and many other names.
But, then a lot of issues came to the fore while the panel’s assignment lasted.Not a few took the event seriously. Spellbound, and gripped by the riveting testimonies, many a Nigerian spent mornings and afternoons glued to their television sets and sleepless nights watching the replay of the proceedings.
Every day from 9.00 am till evening, the main auditorium of Women Development Centre, Abuja was packed with petitioners, journalists, and people from all walks of life. Memoranda upon memoranda were submitted. About 10,000 victims’ recollections were received. The same scenario was replicated in several other major cities in the country, including Lagos, Port Harcourt, Kano and Enugu where the panel also sat. Twenty years after Oputa panel, the rift, and the yawning wound on various nationalities in Nigeria appear to be worsening. The question is: how prepared is the country to repair the crack, and heal the gaping wound? How sincere is the now famous “Nigeria’s unity is sacrosanct” often touted by politicians?From police and soldiers brutality to unconscionable impunity in governance and insecurity. Can the country survive the sustained battering on every side by sundry issues that are not only dividing but pitching each ethnic nationality against the other? Bishop Matthew Hassan Kukah, who was secretary of that Commission, expressed grave concerns in his speech during Nigeria’s 60th independence anniversary. He said: “The motto of our dear nation reads: Unity and Faith, Peace and Progress. Today, where is Nigeria’s Unity? Today, who has Faith in Nigeria? Today, where is the Peace? Today, where is the Progress?
“The whole world stood with Nigeria sixty years ago expecting us to lead Africa and beyond. TIME Magazine on December 5th, 1960 made our Prime Minister its Man of the Year. No black person had ever been conferred with this honour. Where are we today with that trust?”
As the public hearings of the famous Oputa Panel wound up on Thursday October 18, 2001, Chairman of the panel, Hon. Justice ChukwudifuOputa, in his keynote address, made some pertinent statements. He warned for instance that the “simmering discontent” among the nationalities must not be allowed to fester.
According to him, “each ethnic group feels marginalized. From the memoranda and evidence from these groups, it became apparent that there exists a simmering discontent which should not ever be allowed to boil over. The challenge then is to find an answer to this dreadful fiend called marginalisation. And find an answer Nigeria must…”
It’s been 20 years since these statements were made and little has changed. If anything the situation seem to have deteriorated. On 1st October 2020, when Nigeria marked its 60th independence anniversary, more questions arose about the country’s achievements in the past years, the basis for its unity and whether there have been reconciliations across the divide 50 years after the Nigerian civil war which according to the United Nations, claimed two million lives, mainly women and children.
The heightened discontent among different groups in the country today confirms Justice Oputa’s 20 years old prediction. Presently, the country is bedevilled with fallouts from the recent nation-wide #ENDSARS protests. As it stands Nigeria’s fragile unity is faltering badly. Government must rise to the occasion and restore the faith of Nigerians in Nigeria.
This article was first published in Law and Society Magazine
JUDICIARY
Judiciary Workers Threaten Strike from June 2

The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial institutions to withdraw their services from June 2.Mr Mustapha Laminu, National Vice President, North Central said this in a statement signed and issued on Friday in Abuja.
Laminu said the strike had become imperative to press home its demands as their members were yet to receive the one month wage award recently paid by government. According to him, this action is to protest against the non payment of five months arrears of wage award, non implementation of N70.000 national minimum wage and the non implementation of the 25/35 per cent salary increase.“The union had written severally to the management on the need to see reasons through 21 day ultimatum, seven days ultimatum and have to shelve the action following the intervention of my lord the Chief Justice of Nigeria.“It is unfortunate that the Judiciary, as an arm of government, is being punished while other arms of government have since been enjoying.“All what we are saying is that our members are stoning us, accusing us of compromising considering the unfold hardship brought about by government policies.“We will continue this action until and unless the government pay us this money,” he said.Laminu alleged that they gathered that the Ministry of Finance had released the new amount to the Accountant General of the Federation but he refused to pay the Judiciary.He therefore called on all Chapters chairmen to ensure compliance to the directive. (NAN)CRIME
Court Remands 18-year-Old Student for Alleged Murder

A Makurdi Chief Magistrates’ Court on Friday ordered the remand of an 18-year old student, Joseph Chive, at a Makurdi Correctional Centre for allegedly killing a 14-year-old girl.
Chive, who lives at Veterinary Layout, Northbank, Makurdi, was charged with illegal possession of firearms and culpable homicide.
The Chief Magistrate, Mr Kevin Mbanongun, did not take the plea of the defendant for want of jurisdiction.
He remanded the defendant and adjourned the case until Aug. 28 for mention.
Earlier, the prosecutor, Insp Godwin Ato, told the court that the defendant committed the offences on May 25, at Veterinary Layout, Northbank, Makurdi.
He said the case was reported at the ‘C’ Division Police Station, Northbank, Makurdi, by the deceased’s father, Mr Victor Ayom.
According to him, the defendant had an altercation with the victim, a 14-year-old girl, Mimidoo Victor.
“While the altercation was going on, the defendant rushed into his room, brought a loaded dane gun and shot the girl on the head.
“The defendant was arrested during police investigation and he confessed to the crime.
“The dane gun was recovered from him,” Ato said.
The prosecutor said the offences contravened Section 3(1) of the Robbery and Firearms Act, 2004 and Section 222 of the Penal Code, Laws of Benue, 2004. (NAN)
CRIME
Man Jailed 14 years for Attempted Sexual Assault on Minor

An Ikeja Sexual Offences and Domestic Violence Court on Friday sentenced a man, Damilare Adewale to 14 years imprisonment for attempted sexual assault on a 14-year-old girl, (name withheld).
Justice Rahman Oshodi convicted and sentenced Adewale to 14 years imprisonment, following his plea bargain agreement to the amended one-count charge of attempted sexual assault by penetration.
The convicted was arraigned on the charge of defilement in which he had pleaded not guilty to on Nov.
29, 2021.The prosecution, bearing the burden of proof pursuant to section 135(1) of the Evidence Act 2011, adduced evidence through two witnesses, the survivor and her guardian, both of whom were subjected to extensive cross- examination by defence.
The survivor, in her testimony, had told the court she was on her way to a barbing shop when the convict, who lived in her neighbourhood, accosted and dragged her to his room.
The survivor had further told the court that the convict had expressed his desire to take her to his house but when she refused, he forcibly dragged her to his residence, where he pushed her onto his bed, removed her undergarments and defiled her.
The survivor had also testified that she was crying and shouting during the ordeal and observed blood resulting from the convict’s actions.
She had confirmed to the court that she was 14 years of age and that it was her first encounter with the convict.
The prosecution, had, however informed the court on May 27 and said that the convict had opted for plea bargain, which necessitated the amended charge.
Oshodi, while delivering the judgment, said that he was satisfied that the convict was competent to enter an informed plea and made the guilty plea without oppression.
He said: “Damilare Adewale, you have pleaded guilty to the offence of attempt to commit sexual assault by penetration contrary and I have accepted your plea and convicted you accordingly.
“I must emphasise that you were initially charged with the more serious offence of defilement, which carries the prescribed punishment of life imprisonment under the Criminal Law.
“However, through the plea bargain process, you have pleaded guilty to the lesser charge of attempt to commit sexual assault by penetration under section 262, which carries a maximum sentence of 14 years’ imprisonment.
“I have carefully considered your plea for mercy, you told this court that you gained admission to the Open University and learned other useful trades in the Kirikiri Mximum Security Custodial Centre.”
The court thereafter convicted him him on the amended charge.
“After serving your sentence, I believe what you have learned will assist your reintegration into society.
“Having considered all the circumstances of this case, including the seriousness of the offence, the impact upon the victim, your guilty plea, and the terms of the plea agreement, I endorse the agreed sentence of 14 years.
“I hereby sentence you to 14 years’ imprisonment, commencing on 13 August 2020, the date of your remand in custody,” Oshodi said.
The judge also ordered that the convict’s name be registered as a sexual offender under sections 33 and 38 of the Domestic and Sexual Violence Agency Law of Lagos State, 2021. (NAN)