In line with the need and demand of NULAI to students to give their personal reflection on the cases they handled.
I therefore, give reflection on this case which I was opportuned to partake in.
1.C.O.P V. Abubakar Ibrahim.
1.1 Brief statement of the facts:
1.That
Abubakar Ibrahim a 38yrs old adult resident of lokoro village,came to
dogarawa Zaria to visit his friend around 2:pm and stayed with the said
friend till 8:pm.
2.That Abubakar wanted to back home looking
at the time and distance of the village he came from,but his friend
suggested and insisted that Abubakar should pass his night at his family
house since it is already pass 8pm.
3.That he finally
conceded with the friend's suggestion and on their way going back home,
their bike broke down at a village and consequently have no other option
than to push the bike to their destination.
4.That in the
process of pushing their bike, the villagers leaving in that area
started looking at them with suspicious eyes and before they realise,the
villagers besieged them and started shouting at them "thief, thief..
thief" and his friend was able to escape and leaved him a midst the mob.
5.That Abubakar was severely beaten by the mob and finally taken to their village head.
6.That
the village head handed him to police station and he has finally
arraigned before Chief Magistrate Court,Hunkuyi for an offence of
robbery.
7.That he was consequently remanded in prison.
1.2 PERSONAL REFLECTIONS:
Looking at the circumstances of the case I personally and humbly hold the following opinions:
-That
the village dwellers were wrong to have concluded the existence of
offence of robbery on the said people by mere seeing them pushing the
bike.
-That the village dwellers were wrong to have taken law in to their hands by beaten up Abubakar mercilessly.
-That
the village head was also at fault by handing Abubakar to police men to
charge him for an offence of robbery without making further inquiry to
ascertain the veracity of the matter.
-That the village head
was at fault to have denied Abubkar the opportunity to express himself
with regards to the said accusations levelled against him.
-That
the act of the village head of not making inquiries into matters
brought before him,gave a green light to the village dwellers to keep on
taking laws into their hands.
-That the entire acts of the villagers and the village head inclusive, are extra judicial.
-That
the police officers were also at fault of professional negligence by
charging and arraigning Abubakar for an offence of robbery without
taking into consideration the availability or otherwise of evidence.
-That Abubakar was not armed.
-That the police are always at haste to make prosecution not minding the interest of justice and the general public
-That numerous of Abubakar's Fundamental Rights as guaranteed him by the constitution were infringed upon.`
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