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False accusations, unjust sentences mar judicial system in Nigeria —Olujobi


Hezekiah Olujobi is the founder of the Centre for Justice, Mercy and Reconciliation (CJMR), a nongovernmental body that dedicates itself to protecting the legal rights of Nigerians through pursuit of improvement in the nation’s justice system by investigating, advocating and fighting for the release of innocent people who were wrongly put behind bars. In this interview with YEJIDE GBENGA-OGUNDARE, he speaks about why he believes in the innocence of some inmates and why prison congestion is still an issue.

Your organisation fights against unjust incarceration, why do you think those you fight for are truly innocent?

A criminal may deny their crime even when caught red-handed. It is important to recognise that just because the government condemns certain crimes like sexual molestation and rape, it does not mean that everyone accused should automatically jailed contrary to law or receive heavy sentences. Fairness and justice must prevail in every trial. As a child rights advocate and a father of four daughters, I am fiercely protective of my children. I will not tolerate anyone attempting to harm them. While I am vigilant in safeguarding my children and providing them with education, I am troubled by the stories I hear from prison inmates across the Southwest, including the recent complaint we received from the United States prison in Atlanta, Georgia, who claim they have been unfairly sentenced.

For example, I encountered a man behind bars in Ado Ekiti, Ekiti State, who insisted that his wife forced her own daughter to falsely accuse him of impregnating her. He vehemently denied committing such a heinous act because it is an abomination in his hometown, citing a misunderstanding with his wife over allegations of adultery involving a police officer who happened to be the investigating officer in his case. Despite his pleas for a DNA test to prove his innocence, he was swiftly sentenced to life imprisonment. We also have a similar case in Kirikiri where a wife accused her husband of molesting his own daughter, and the man was dumped in prison without trial since 2020. The same woman came to cry for our intervention to free her husband. Our investigation revealed that this woman was actually jealous of her husband with another woman. She has ran away from Lagos because some human rights lawyers are threatening her with arrest for failure to show up.

We also have a man complaining against his former girlfriend who framed him for the offense of raping her daughter just because they had a misunderstanding. Behind every false allegation of rape, there is an underlying story which may not be clear to the public. When any aggrieved person wants to deal with the offended person, what he or she needs to do is to report to the police and frame the person on allegations of rape.

 

But the court acts on facts not emotions?

I am not saying every accused person is innocent. We have many that have committed the offences they were accused of. But the attitude of the court of justice towards this offense does not portray the true symbol of justice; the court should be a place where the oppressed get justice, not where the oppressor triumphs over the innocent. The court and the police should never be used as an instrument of oppression. Sincere apologies to my noble lords. The office of the Chief Judge must caution some judges who are known for conviction. There is a need to sensitise the conscience of these judges to the consequences of their judgments upon the accused person. Crushing the life of an individual is crushing the children at home and their extended family. Such heavy sentences are indirectly death sentences.

 

So, who is responsible for such unjust convictions?

The police carry the whole blame for this for a lack of power to turn down every false accusation and allegation instead of dealing with the real grievance. No matter how brilliant and strong a submission a defense counsel can make, some judges are hell-bent on tempering justice with mercy.

We also have some so-called human rights activists who go about mounting pressure on the victim and their families to appear before the court with a threat to send them to jail. Why all these things? Just to gain popularity or international grants.

A case of rape or sexual molestation is indeed a very sensitive and serious issue that requires careful consideration and handling. We would not take such cases lightly; we will ensure that justice is served for the victims. However, justice is not for the victim alone but also for the offender and the society.

It is crucial to prioritise the well-being and justice for the victims in such cases and not to be swayed by the denials or attempts to minimise the seriousness of the offenses. It is essential to uphold the rule of law and ensure that the real perpetrators are held accountable for their actions.

As for me, I will take the risk to listen to the individual who strongly believes he is innocent with his proof of evidence, and I shall raise my voice on behalf of such an individual until justice triumphs

 

What do you suggest?

In situations where individuals are crying out for justice, it is crucial that we listen attentively and not ignore their pleas. The pursuit of truth and fairness should always guide our actions in such cases. It is high time we listen to the complaints of individuals crying in heavy sentences without money to appeal for their case.

While the Correctional Centres are doing their best to keep the people behind bar safe, overcrowding remains their major problem. The only way to help reduce the overcrowding is to identify cases who are not supposed to be there. The problem of injustice against the poor people languishing in prison is alarming; many prisoners are groaning and we should be the ears of God to hear their complaints, the legs of God to visit them in prison and the eyes of God to review the judgments that put them there. Speaking for the helpless and voiceless prisoners is the Lord’s command.

READ ALSO: Some banks, top officials to be prosecuted soon — EFCC boss



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