DPA can expose the police: look at this
Emeka Ugwuonye has been on a mission, forced upon him by circumstance. When they took him to Abattoir, he saw unimaginable impunity. When they took him Garki police station, saw more. DPA has kept a good record of how the police can abuse their prosecutorial authority.
A SUMMARY OF ABUSE OF PROSECUTORIAL POWERS THROUGH THE CASES
The Nigerian Police, FCT Command, headed by Mr. Bala Ciroma, filed the following charges against Emeka Ugwuonye and grossly abused their powers.
(1) In April 2018, the police filed a criminal defamation charge against Emeka at the Magistrate Court, Wuse Zone 2. Court No. 2. Complainant is David Aiyedegbon. The theory of the offense was that Emeka made a post on Facebook accusing David of involvement in the disappearance of Chacha. Note that David already sued Emeka civilly since 2016, but was doing badly in the civil case. Also, note that in April 2018, the police had not arrested anyone in connection with the disappearance of Chacha. So, they really could not have ruled out anybody.
On the day of arraignment, the police prosecutor, one Mr. Adama vigorously opposed bail. But the court granted Emeka bail over the opposition of the police. Outside the courtroom, Mr. Adama warned Emeka's counsel, Mr. Tosin Ajaomo, that if Emeka continued criticizing the police over Chacha's case the police would charge him with the murder of Chacha. Note that in April of 2018, the police officially continued to deny DPA's claim that Chacha was killed in 2016.
The police were disappointed that Emeka was granted bail in Court No. 2.
(2) On July 6, 2018, while Emeka attended hearing at Court No. 2, the police arrested him at the court house. They detained him in Abattoir detention center till July 9, 2018 when he was charged to Court at Magistrate Court, Wuse Zone 2, Court No. 9. Again David was the Complainant. The theory of the offense was that he, Emeka, misled the police when he posted on Facebook that the confessions of the two men arrested and paraded by the police as killers of Chacha were probably not voluntary.
The police vehemently opposed bail. But the Magistrate granted Emeka bail over the opposition of the police. Emeka met the terms of bail the same day. But the police prosecutor refused to verify the surety as directed by court. It took 7 days detention of Emeka in Keffi Prison before the Magistrate varied the bail order for the purpose of removing the requirement of verification by the police prosecutor.
(3) On October 16, 2018, while Emeka was attending the trial in Court 2, the police arrested him again and detained him. On October 18, 2018, while in the custody of the police, Mr. James Idachaba, a senior police officer, was heard discussing with other police officers concerning how to ensure that Emeka would be remanded by any court. The discussion was which of the Magistrates would agree to deny Emeka bail in the next charge. The officers mentioned names of various Magistrates. They settled on one Magistrate at Court 3, Wuse Zone 6. Mr. Idachaba made a phone call, presumably to the Magistrate. They discussed Emeka Ugwuonye and the need to remand him. After the call, Mr. Idachaba ordered Emeka into a police van and they took him to Magistrate Court, Wuse Zone 6, Court 3. Mr. Idachaba went into the office of the Magistrate and came out after about 30 minutes.
When the case was called and after arraignment, the police opposed bail. The Magistrate played to an agreed script by calling for a written bail application. He adjourned for a week to hear the bail. On October 25, 2018, he adjourned again to October 26, 2018 to rule on the bail application. The Magistrate granted bail.
(4) On November 14, 2018, while he was attending the hearing at Magistrate Court 9, at Wuse Zone 2, the police withdrew the case in that Court. The Magistrate made a profound remark while striking out the case. The Magistrate stated on record that the police were desperate and that their action amounted to persecution of Emeka.
(5) As Emeka was stepping out of Magistrate Court 9, on November 14, 2018, the police served two criminal summonses on him. One contained 10 count charges, which was a duplication of the charges filed in the three Magistrate Courts (Court 2 and 9, Wuse Zone 2 and Court 3, Wuse Zone 6). The second summons was for a murder and armed robbery charge. The theory of the offense was that Emeka conspired with Jekwu and Emmanuel Adogah and robbed and killed Chacha with a machete. Emeka was not arrested this time.
(6) On November 26, 2018 while Emeka was attending trial at Magistrate Court 2, the police arrested him again and took him to Abattoir Detention center where he was held until December 14, 2018 when he was arraigned before Justice Modupe Osho-Adeyemi of the FCT High Court, Gudu. The judge remanded Emeka in Kuje Prison.
(7) In February 2019, Justice Modupe Osho-Adebiyi denied Emeka bail to the delight of Mr. Idachaba who led the prosecution team. Justice Modupe Osho-Adebiyi admitted later that she decided the bail application without reading the proof of evidence. This is instructive because one of the grounds for the bail application was that there was no connection between the charges and the proof of evidence.
(8) The police prosecution and the complainant sponsored people to come to Court to photograph Emeka in the dock and use his pictures for smear campaign against him in the social media.
(9) After Emeka was denied bail and remanded, the prosecution still went to Magistrate Courts 2 and 6 to ask for bench warrant because Emeka was not in Court.
(10) When the Magistrates refused to issue bench warrant, given that Emeka was in the prison custody, the prosecution applied to withdraw the charges in Courts 2 and 6. Their aim then was to obtain a bench warrant which could be used to justify further arrests if Emeka was to get bail at the High Court.
The records of these proceedings are available. There is no doubt that the Commissioner of Police and Mr. James Idachaba have thoroughly abused the prosecutorial powers of the police, with the indulgence and probable collusion of some of the judicial officers.
Prepared by DPA
Comparison between Dss cells and Kuje prison
(1) Feeding
(a) Prison food is rated 3 on a scale of 10 for standard meal. But prison allows for self-feeding for inmates that want to buy and cook their own meal or have someone prepare their meal and deliver it. So, an inmate that can afford it can eat whatever he wants, as often as he wants and as much as he wants. It will be prepared to his taste.
(b) DSS food is rated 7 on a scale of 10 for standard meal. However, DSS does not allow its inmates to be on self feeding or to buy food or to have someone deliver food to them, except on very rare occasions. You are restricted to their ration and their feeding schedule.
(2) Water
(a) Prison inmates drink from the boreholes within the prison which supply water to the prison. But sachet water, bottled water, all manner of nonalcoholic beverages are available for inmates who can afford them.
(b) DSS detainees have only the water supplied by their borehole. They do not allow any other sources of water or beverages to get to inmates.
(3) Regulation visit
(a) Prison inmates are entitled to visits under various laws (local and international laws). Except in well-established situations, the prison officials are forbidden from monitoring conversations between an inmate and his visitors. If the visitor is his lawyer, prison authorities are strictly forbidden from listening into their conversation. It is up to the prisoner to determine who can visit him or not within the visiting period.
(b) There is really nothing like regulation visit for DSS detainees. It is up to DSS officers what they can allow and what they cannot allow. Usually they allow one of your lawyers and one of your relatives (your wife) to be those that can visit you. You're generally not entitled to visits. They listen into every discussion between you and your allowed visitor. They insist that discussion between you and even your wife should be in English.
(4) Access to newspapers, books, television:
(a) Kuje prison, like most prisons in Nigeria, has a library. Every cell has TV with DSTV or Go-TV (inmates contribute money for subscription). Apart from library books, prison inmates can read books and can bring in their own books, provided each such book is cleared through the welfare department. Inmates can watch video games and have their mp3, and other music players.
(b) In DSS cell, there is no tv, no newspaper, no book except religious books (Bible and Quran) and no library.
(5) Community life
(a) Prison inmates are opened out up to 9 hours each day. Once out of their cells, they are free to mingle with other inmates, play games and sports with them, worship or fellowship with them.
(b) DSS inmates are restricted to their cells 24/7 unless there is a reason to bring you out briefly when they want to interrogate you. Once that is done, you are back to your cell. Your only community is your cell mates (about 35 in a cell). There is absolutely no sporting facilities.
(6) Conditions of incarceration:
(a) International law does not allow prisoners to be detained in underground cells. They must have ventilation. (Nigeria is far below the international standards, but there are no underground cells in Nigerian prisons)
(b) DSS has underground cells known as Alpha Cells. Sowore and his codefendant are in one of such cells. In those cells inmates cannot see the natural light from their cells. DSS cells are designed to inflict psychological torture on the detainee.
(7) Purpose of detention
(a) Prison authorities detain you for correctional purposes or to make you available for your trial. So, many things in the prison are designed to reform the inmate. For this reason, you have educational institutions such as the Open University and others within the prison, various religious groups minister with the inmates. You have sports, parties, etc.
(b) DSS detain you in order to investigate you and to pressure you to cooperate. It is thus a hostile place for torture and pressure and surveillance. There is CCTV camera in every cell, just like the Big Brother, without the fun side.
There are so many other areas of comparison to show that being remanded in prison is several times better than being remanded in DSS or any police cell.
It was unwise for Sowore to choose to be detained in DSS cell. He has been totally isolated from society. He has not read newspapers or seen a tv screen since his detention. His only source of access to the outside world was if he meets his lawyers in court or his relative (the relative that was allowed), and they tell him what is happening outside.
In rare occasions, a DSS detainee develops a rapport with DSS officers handling him. In such case, they use their discretion to allow such inmate to come out of his cell more often to sit and gist with them. An example was Nnamdi Kanu. After a while in their custody, many DSS officers liked to chat with Nnamdi. They liked to listen to Nnamdi’s ideas, etc. So, they allowed him time outside the cell. But Sowore has not developed such rapport with the officers. Besides, he lacks Nnamdi's charisma and intellect.
Also, the DSS officers were annoyed when Sowore started yelling "RevolutionNow" in court the first time he appeared in court. DSS read a different kind of meaning into it. Obviously Sowore wanted to imitate Nnamdi Kanu. But the outcome was totally different. First, whereas Nnamdi Kanu did his own right in the presence of the Judge like calling President Buhari a mad man right in the presence of the judge, Sowore always waited for the judge to leave the court before staging his own drama. So, everybody saw Nnamdi as genuinely fearless, while they saw that of Sowore as calculated opportunism to create impression of courage. Because Nnamdi exploded in the presence of the judge, DSS looked to the judge for how to respond to Nnamdi, and the judge only cautioned Nnamdi. However, because Sowore did his own after the judge left, it was up to DSS to control the situation and they swiftly subdued him physically there and then. Nnamdi was seen as daring the judge and the state, which was an act of courage, but Sowore was seen as insulting the DSS officers and they took it personal.
Also, it was unwise for Sowore to try to imitate Nnamdi Kanu. Each time Nnamdi was in court, there were at least 3,000 supporters in the court premises chanting in support of Biafra. That worried the authorities. So, Nnamdi's court appearance was a major security event. But despite the efforts of Sowore's friends, not up to 20 people come to court as his supporters. Nnamdi had the elements of a revolution, while Sowore lacked every bit of it.
Today, we shall know exactly what the DSS is up to on Sowore. If they release him today, then they only wanted to mess with him and his lawyer as a psychological message. If not, they will have to come up with a plan. As Rambo suggested earlier, it is possible that DSS is planning to keep Sowore in detention for as long as Buhari is in office. When Femi Falana begins to say there is a 3rd term, and he is representing a man that calls for "revolution now", these people read more meaning into the relationship between Falana and his client.
We shall know more by the end of today.