It was a case of My Mercedes is Bigger Than Yours. Apologies to author of the title, Nkem Nwankwo but it was actually a matter of power pass power as they say in Nigerian parlance. It was a battle between a general and a merchant. When an army general, retired or not engages in a battle with a merchant however skilful that merchant is, your guess is as good as mine.
Suleiman Dauda is 74 Years old. Dark skinned, well built, and of average height, he moved his left hand with difficulty. As at 19th December 2019, he had spent four years awaiting trial. He was 70 years old when he was brought in. Clearly the prison had taken a toll on him. Framed by an army general with whom he had a land tussle, Dauda was branded an armed robber along with his son. His story is one of those that read like a thriller.
A former staff member of State House, Dodan Barracks, Lagos, during the military regime, he was among the first set of Civil servants transferred to the capital city of Abuja in 1982. Eventually he retired and decided to settle in Lafia, Nasarawa State where he went into the business of buying and selling lands.
Along the line, a retired army general staked a claim over a piece of property that belongs to him. He was warned to keep way from the plot. When the threat became unbearable, he headed for a law court and obtained judgment against the general. The court’s decision was clear. General was to steer clear off the said property. But – generals rarely lose in battle.
On this seemingly ordinary day, policemen barged into his house and arrested him alongside his son. That began another journey. They were branded armed robbers, eventually arraigned and sent to await trial in prison.
December 19, 2019 turned out to be a remarkable day. Chief Judge of the Federal Capital Territory (FCT), Hon. Justice Ishaq Bello had led the Presidential Committee on Correctional Services Reform and Decongestion to Kuje Correctional Centre. Members of the committee comprised of magistrates, prosecutors and other stakeholders.
When Suleiman Dauda’s matter was called in the category those aged 60 years and above at the correctional centre, his prosecutor was not present. The office of the Director of Public Prosecution could not offer any valuable advice. The visibly annoyed Chief Judge Bello at this point retorted that the situation was clearly an indication of “lapses on the part of the stakeholders to play their role.” However, one of the lawyers on the Federal Ministry of Justices’ team explained that information about the visit got to them very late. On account of that, most of the prosecutors could not be reached within time.
Piqued by Dauda’s story, Justice Bello said: “It has become fashionable to hang accusations of murder and armed robbery on persons even when there are no evidence but just to keep someone perpetually in prison. This is very unfortunate.” He then ordered for accelerated hearing in the matter, adjourned the case to February 2020 and requested that Dauda’s son who was locked up with him be brought out.
Incidentally, Yusuf Suleiman was not even among those whose case was to be considered on that day. He must have been surprised when a warder came to his cell and requested him to come along.
Corroborating his father’s story, Yusuf said he was picked from home and taken to a police station in Lafia where they were called “land grabbers.” Eventually, the appellation changed from land grabbers to armed robbers.
The Chief Judge discharged them and ordered that they come to court for the conclusion of the allegation against them but from the comfort of their home.
Solomon Boyi and 23 year old David Samuel were brought to the correctional centre in 2006. The last time they were taken to court was in 2016. Since their last appearance in court that year, their prosecutor never showed up. Both were arrested at different times for undisclosed offences and taken to the same police station. Prior to that period, they never met but the police later charged them together as co-conspirators in an armed robbery case. Three years down the line, the charge was neither substantiated nor followed through. They were simply forgotten; left to hope against hope like other awaiting trial inmates. Luckily the visit was in their favour. They were sent home.
Suleiman Garba, Lawal Saleh and Chiroma Ibrahim were among seven men charged for culpable homicide in Katsina state. That was in 2016. Strangely, they were brought to Abuja. The Legal Aid Council took up their case and raised an objection to their being arraigned in Abuja. The Court agreed and ordered that they be sent back to Katsina for trial but the Federal Ministry of Justice abandoned the case and left them at Kuje in disregard to the orders of court.
They too were discharged.
In all, a total of 19 inmates were released. The prerogative of mercy granted to the inmates was part of the jail delivery measures adopted by the presidential committee aimed at decongesting custodial centres.
Justice Bello explained that the exercise was in accordance with provisions of the Correctional Services Act. “Today’s visit to Kuje Correctional Service is in furtherance of the Federal Government’s efforts to decongest detention centres across the country. This becomes more imperative with the coming into force of the new Nigerian Correctional Service Act.
“This exercise is purely borne out of the desire of criminal justice stakeholders to find ways of decongesting detention facilities across the country by inquiring into cases of inmates with a view to letting go those who have no reasons to stay in such facilities.”
He therefore called on all the critical stakeholders in the criminal justice sector to collaborate in carrying out the mandate of decongesting detention centres in Nigeria. “It is a world of interdependence; all stakeholders must depend on each other for smooth adjudications. Anyone who fails to execute his or her mandate, it rubs off on other stakeholders negatively.
“Consequently, I urge us all to take our duties seriously for this is a national assignment that must succeed.”
Justice Bello who insisted that photographs of each released inmate be taken emphasised that the photograph as well as their record will help trace and get them any time, should they misbehave again.
Likewise, he urged security operatives to be civil in the discharge of their duties by ensuring that suspects are not detained beyond the statutory period as prescribed by the law.
The facility at the Kuje custodial centre (prison) which has a capacity of 560 inmates currently holds 967 inmates. Those awaiting trial are 822 in number while convicts are 145.
A breakdown of the convict category is as follows: 83 are on a long term list. 25 on a short term list. 15 on life imprisonment. The condemned convicts – 21; while there is only one non-Nigerian.
The facility is keeping 363 for armed robbery, 183 for culpable homicide, 56 for drug related offences, terrorism 31, Boko Haram 113, ATM matters 4, and others 72.
