STUDY OF THE IMPEDIMENTS CONFRONTING THE PROSECUTION OF CRIMES COMMITTED IN THE COURSE OF RIOTS
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Abstract
This study was set to investigate the impediments confronting the prosecution of crimes committed in the course of riots in Federal Capital Territory, Abuja. The study also tends to examine the factors that encourage riots and violent crimes in Nigeria. The study approached the concern issue of religious extremism, political protest and insecurity from the theoretical & empirical contribution from various authors. The study employed simple random sampling techniques. A sample of 140 respondents which comprises of government and private security agencies, ministries, parastatals and private organization. The study adopted a survey design, since this method allows determination of sample characteristics for a large group in a very short time. This study employed mixed methods research design that used both qualitative and quantitative approaches in a single study to gather or analyze data. From the findings revealed factors such as corruption, lack of experience, inadequate training and under-utilization of informants, inadequate modern investigative facilities were among the impediments responsible for the many cases of crimes committed during riots which have remained undetected or unsolved in Abuja metropolis. The study also revealed that there are impediments confronting the prosecution of crimes committed in the course of riots. It was concluded that FCT has not adequately responded to the high rate of unsolved, undetected, and pending riots crimes reports in the state regardless of the numerous strategies and techniques developed to tackle criminality and other sundry vices. The study recommend that the Nigeria Police force should offer adequate and continuous training to personnel in the field of criminal investigation, and only such men should be deployed to the investigation departments to enable them exhibit their training skills.
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Nigeria, like most developing States is mired in serious deepening development crisis. The crises are generally rooted in faulty ill-informed and unrealistic strategies which in themselves basically are alien, superficial and perfunctory. Thus, from independence till date (2020), successive political leadership had been engrossed with the onerous of implementing such defective and listed development initiatives, hence truncating from one development fad to another with very minimal success. History affirms that at one time, nations with heterogeneous nature like Nigeria had witnessed upheavals, transformations and conflict of vested interests that resulted from a feeling of injustice or marginalization felt by one ethnic or religious group.
Nigeria is an independent nation lying East of Benin Republic, South of Niger and Chad Republic, west of Cameroon, and North of the Gulf of Guinea occupying a territorial area of 9,323,768 kilometers. Endowed with Vast and largely insignificantly tapped natural resources (except petroleum) zinc, gypsum, marble, iron, ore, stone, natural gas, etc. The country has an estimated population of 196 million people from 250 distinct nationalities of diverse religious, cultural and linguistic background. 2 The Country operates a Federal political economy, which presupposes multifaceted legal and administrative relationship among units of government; each processing guided degrees of real authority and jurisdictional autonomy.
The Federal Capital Territory also known as FCT-Abuja was created upon the promulgation of decree number 6 of 1976. It came into existence due to a need to find a replacement for the capital city of Lagos which had become congested and had little space for expansion. The area chosen as the new capital was principally Gwariland with high concentrations of Muslims and Christians and high degree of neutrality from the dominant ethnic groups. The territory is located just north of the confluence of the Niger River and Benue River. It is bordered by the states of Niger to the West and North, Kaduna to the northeast, Nasarawa to the east and south and Kogi to the southwest. Lying between latitude 8.25 and 9.20 north of the equator and longitude 6.45 and 7.39 east of Greenwich Meridian, Abuja is geographically located in the center of the country. The Federal Capital Territory has a landmass of approximately 7,315 km 2, and it is situated within the Savannah region with moderate climatic conditions. Accordingly, the issues of tribalism, nepotism, unemployment, bad governance, to mention but a few, has affected the populace, thus bringing a feeling of injustice and unfair treatment which has lead to tensions amongst the populace that sometimes resulted in riots and bloody clashes in the Country. In the Course of these riots, lives and property has been lost, rights violated and despite the efforts of the law enforcement agencies in controlling riots and prosecuting its perpetrators, most crimes has been left unprosecuted and in most cases undeserved sentencing to those brought before the court of law. These issues emerge due to the complex nature of riots and the inability to identify those participating in the act due to the fact that it is executed by a large crowd who at most times make use of masks to hide their identity in order to avoid prosecution.
Riot, in criminal law is seen as a violent offense against public order involving three or more people. Like an unlawful assembly, a riot involves a gathering of persons for an illegal purpose. In contrast to unlawful assembly, however, a riot involves violence. The concept is obviously broad and embraces a wide range of group conduct, from a bloody clash between picketers and strikebreakers to the behavior of a street corner gang. Riots typically involves theft, vandalism, and destruction of either public or private property. Riots typically consists of disorganized groups that are frequently “Chaotic and exhibit herd like behavior “.
Riots often occur due to the public reaction to a grievance or out of dissent about a particular issue.
Historically, riots have occurred in Nigeria and the FCT due to some reasons such as lack of jobs, poor living conditions, government oppressions, taxation or conscription, conflict between ethnic groups (race riots) or religious groups or frustration with legal channels through which to air their grievances. The Aba Women’s Riot of 1929 was a two-month rebellion waged by local market women from the Igbo tribe of southeastern Nigeria against the excessive powers of the British government and its warrant chiefs at the height of colonialism. The rebellion was triggered by the imposition of exploitative tax policy on women, who were tax-exempt in the Igbo tradition. The plot and outcomes of this event shows that most riots occur due to issues such as marginalization, interreligious differences, intertribal differences and these issues arise as a result of the heterogeneous nature of the Country Nigeria. These riots have equally led to the loss of life, destruction of property, disturbance of civil order and also a resentment amongst individuals who might have participated in the riot or those who were affected by the aftermath of the riots. Riots in the FCT could be clearly attributed to the nonchalant attitude of the Government in carrying out its duties to its citizens, poverty, religious and cultural differences. Although it is the Federal Capital, it has also experienced series of riots which has further cause divisions amongst individuals living in the state capital.
Due to the complex nature of riots, Law enforcement agencies are often faced with strenuous challenges in trying to control and disperse rioters and also in time of prosecution. They often employ the use of tear gas and sometimes use less-than-lethal methods of control, such as water canons, shotguns that fire flexible baton rounds to injure or otherwise incapacitate rioters for easy arrest. In most cases, these rioters who usually wear scarves or masks to conceal their faces and filter tear gas or smoke bombs, engage themselves in looting, vandalism, theft, and destruction of property, public or private. The property targeted varies depending on the riot and inclinations of those involved. Targets could include shops, cars, restaurants, state owned institutions, and religious buildings. Also in the cause of riot control and prevention, law enforcement agencies sometimes violate certain rights of those participating in riotous acts, this could be seen in the excessive use of force, police brutality, extra judicial killings etc. These riots usually begin as peaceful protests by individuals to air out their grievances on issues bothering them, before it then escalates into a violent situation when their needs are not met or when they are faced with stiff or aggressive opposition from the government or an opposing group.
Prosecuting riotous crimes has proved to be a difficult task. The apprehension of defaulters is not the issue but how to effectively prosecute them justly without prejudice has been the issue. The availability of strong evidences is a determinant to whether the crime would be successfully prosecuted, not waved off. During riots, it is difficult to get evidence to present in court despite the riot control techniques set in place by law enforcement agencies to combat and control riots. Furthermore, the need to look at the impediments law enforcement agencies face when prosecuting riot crimes is of paramount value. Thus these impediments faced becomes the target work of the research. It is therefore against this background that this project work is being undertaken with view to understand the impediments confronting the prosecution of crimes committed in the course of riots in the FCT Abuja.
1.2 Statement of the Problem
The FCT since its creation has experienced a chequered riot history which had disrupted the Peace and stability of the nation’s capital. Thus, the FCT to date is still finding ways of preventing riots from repeating itself. It has been observed that the government has put in place, Police officers well trained in crowd control to ensure that large gatherings do not erupt into riots. Specifically, the research work seeks to determine the impediments confronting the prosecution of crimes committed in the course of riots in the FCT. This inquiry into the impediments confronting the prosecution of crimes committed in the course of riots has remained a major issue of concern to the Criminal Justice System (CJS). In many areas, it has been an issue of debate and controversy between the prosecuting counsel, the defending counsel and the entire Criminal Justice System due to the anonymous nature of those participating in riots. Thus, the researcher finds it imperative to investigate the impediments confronting the prosecution of crimes committed in the course of riots in order to clarify the reasons why such impediments exists and also find ways to dilute such impediments in order to ensure a smooth running Justice system.
1.3 Research Question
The following research questions guided the study.
- Are there impediments confronting the prosecution of crimes committed in the course of riots?
- Does impediments affects the prosecution of crimes committed in the course of riots in FCT?
- Are there possible solutions to eliminating these impediments in Nigeria?
1.4 Objectives of the Study
The study has the overall purpose of evaluating the impediments confronting the prosecution of crimes committed in the course of riots in the FCT Abuja. Specifically, this work sought to:
- To determine the impediments law enforcement agencies face when prosecuting crimes committed during riots in the FCT
- To proffer solutions towards the effective prosecution of crimes committed during riots.
- To ascertain why these impediments exists, and also find ways to dilute such impediments.
1.5 Research Hypothesis
In carrying out this investigation, the following research hypothesis were formulated.
H0: There are no impediments confronting the prosecution of crimes committed during riots in the FCT.
H1: There are impediments confronting the prosecution of crimes committed during riots in the FCT.
H0: These impediments has not been a hindrance in the effective and smooth prosecution of riot crimes.
H2: These impediments has been a hindrance in the effective and smooth prosecution of riot crimes.
1.6 Significance of the Study
The need for an accelerated study into riot crimes and its prosecution in Nigeria has been a major concern of many scholars and law enforcement agencies. This study would be relevant to students, lecturers, scholars, Law enforcement agencies, the Criminal Justice system, and the policy makers in the FCT in having a clearer and broad view on the issues concerning riot crimes prosecution and create new ways towards tackling riot crimes in order to create a serene environment that accommodates and promotes Equity, Justice, and Fair hearing. One significance of this study is therefore the fact that there is need to obtain relevant and reliable information about riot crimes and the impediments faced when prosecuting them in the FCT Abuja. This study is significant also in that it identifies the impediments confronting the prosecution of crimes committed in the course of riots in the FCT Abuja. Researchers can also make use of it as a point if reference when carrying out research on a related problem. Finally, the Criminal Justice system and law enforcement agencies will benefit because after the study, they will understand these impediments and ways to go about when it comes to dealing with these impediments. This will help them as a decision making body in formulating laws and policies to effectively prosecute riot crimes in the FCT Abuja.
1.7 Scope of the Study
The scope of the study covers all the various Law enforcement agencies in the FCT Abuja that are in charge of prosecuting riot crimes (The Nigerian Police Force, The Civil Defense Corps, The Army, Fire Service and Courts). It also covers private security companies and also individuals living in the FCT.
The dimensions covered in the study include identifying the causes of riots in the FCT, examining the impediments confronting the prosecution of riot crimes and exploring ways to bypass these impediments in order to ensure a serene environment that accommodates and promotes equity, justice and Fair hearing.
1.8 Limitation of the Study
This research is limited by some problems. There were problems of material resources, finance and also the lock-down due to the Corona virus outbreak. Research work is time consuming and energy sapping. The short period of time and the unavailability of movement due to the lockdown has contributed immensely in reducing the scope of the investigation. Secondly the research requires money for transportation, collection and purchase of necessary materials needed for production. Following the present Corona virus outbreak which resulted in economic instability and lack of finance, there was difficulty in carrying out the research on an extensive scale. Some things are based on assumption due to the attitude of the employees in trying to protect the image of the agency they represent.
1.9 Operational Definition of Terms
Study: This is seen as thoughts aimed at acquiring knowledge or learning on a specific subject.
Impediments: These are seen as hindrances or obstruction to the actualization of a plan. Confronting: For the purpose of this study, confronting implies meeting with or facing a difficult situation in order to deal with it
Prosecution: This is the institution and conducting of legal proceedings against someone in respect of a criminal charge.
Crime: This is an action or omission which constitutes an offence and is punishable by law. Committed: This means to do or perpetrate.
Course: An action or series of action taken in order to deal with a particular issue.
Riot: This is a form of civil disorder commonly characterized by a group lashing out or a violent public disturbance against authority, property or people.
FCT Abuja: The Federal Capital Territory commonly known as the FCT is a Federal territory in central Nigeria which serves as the nation’s capital city.
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