Saturday 31 August 2013

Controversy continues to trail demolition of Onitsha hotel where human heads were found

On August 1, 2013, an unprecedented crowd
gathered in front of Upper Class Hotel, 8 Market
road, Onitsha , Anambra State, to witness its
demolition, following the discovery of two human
heads and ammunitions by operatives of the Anambra State Police Command. Consequently, proprietor of the hotel, Mr
Bonaventure Mokwe, alongside 13 of his staff
were reportedly arrested. Controversy has however begun to trail the
demolition action allegedly on the directive of the
Anambra State Government and the continued
detention of the suspects. Although the hotel proprietor’s wife, Mrs Nkiru
Mokwe, had earlier cried foul over the demolition
of her husband’s hotel, even as she had raised
alarm that her husband’s life was in danger. Throwing its weight behind Mrs Mokwe’s cry of
injustice, the Network on Police Reform in Nigeria,
NOPRIN, comprising 46 civil society organisations
spread across the country,with the aim of
promoting police accountability and respect for
human rights has described the continuous detention of the suspects without trail as
unconstitutional.


Gov Obi supervising the demolition…

Taking a swipe on the state government, NOPRIN
also accused operatives of the state command’s
Special Anti-Robbery Squad,SARS for working for
the interest of politicians, rather than the Nigeria
Police Force. It therefore, called on the Inspector-
General of Police, Mr Mohammed Abubakar to re- organise SARS with a view to insulating them
from abuse of office. Asserting that there was more to the demolition
of the hotel than the alleged discovery of human
heads, NOPRIN’s Programme and Advocacy
Coordinator, Mr Okechukwu Nwanguma , while
briefing newsmen on the development, stated
that : “ the Anambra State Government ‘s policy of extralegal demolition of properties of persons
accused of crime in the state is condemnable. The
state government’s rationalisation that such
clearly illegal and primitive action is in line with
its policy to sustain the fight against crime and
criminality , is preposterous and unfounded in logic and law. While violent crime plagues Anambra State as
most other states in Nigeria and daily assuming a
n alarming proportion, nothing whatsoever can
justify any crime fighting policy or measure that is
contrary to the fundamental law of the country
that violates human rights, subverts due process and observance of the rule of law.. “ Among the hallmarks and cardinal principles of
democracy include respect for human rights,
principle compliance with the due process and
observance of the rule of law . Any law
enforcement or crime fighting approach that
compromises or falls foul of any of these basic democratic principles, will not only be unlawful
and criminal but will be counter productive.
Democracy is protected by the rule of law. The
absence of it will be anarchy which is a threat to
democracy. “The prevailing situation in Anambra State,
whereby the state government demolishes
property of any person accused of a crime,
without any judicial process or valid order of court
amounts to lawlessness. It is a policy that
promotes self help. It is susceptible to abuse and creates room for the persecution or witch hunting
of political opponents or personal vendetta. Illegal arrest “Mr. Mokwe and 13 of his workers
arrested along with him,including a Doctorate
Degree student at the Nnamdi Azikiwe University,
who works part time in the hotel to pay for his
studies have remained in detention at SARS
Awkuzu till date without any indication from the police as to what next step they want to take. “Following complaints received by NOPRIN on
August 4, that Mr. Mokwe was detained, chained
and being tortured, with fears that he may be
extra judicially killed in custody, we called and
inquired directly from the OC SARS, CSP Nwafor on
the condition of Mr. Mokwe in police custody. He only confirmed to us that Mr. Mokwe was still in
their custody and alive. He however, refused to
state how soon the police will charge him to court
or free him. Since then, we were informed, he had
been unchained and his wife and counsel allowed
to see him some times of the day.


*The ‘hotel …Before the bulldozer moved in

The police violated Mr. Mokwe’s rights to due
process and presumption of innocence by
detaining him indefinitely. Mr. Mokwe’s family
insists that he was framed up by business rivals
and enemies who had earlier threatened to plant
incriminating objects and use the police to deal with him. They contend that the demolished hotel
was a commercial property that was accessible to
anyone who could pay for room rental and could
implant human skulls there. Conflicting report“The Mokwe’s family said that
although the Police claimed to have recovered
fresh human heads dripping with blood from the
hotel, what they actually displayed to the media
were two dried skulls. NOPRIN believes that if the police have credible
evidence to prosecute the accused persons, they
should not delay to charge and arraign them
before a competent court of jurisdiction. His
continued detention in SARS cell without trial is
illegal, unconstitutional and condemnable. NOPRIN has already petitioned the Inspector-
General of Police on this matter. The Nigerian Constitution guarantees, among
others: rights to life, liberty, fair hearing and due
process. It prohibits torture,cruel, inhuman and
other degrading treatment, and gives victims of
human rights violations a right to seek redress in
court. The African Charter on Human and Peoples’ Rights {Ratification and Enforcement) Act, which
makes the African Charter part of Nigeria’s
domestic law, reinforces these human rights
guarantees which are essential for effective
policing. Indicts operatives of SARS
“We have received information about an unholy
alliance between the Anambra State Government
and the authorities at SARS in Awkuzu whose
operatives operate as if they are above the law
and accountability. The use of SARS to provide security for illegal demolition of people’s property
appear to underscore this unholy alliance. SARS is under police Force Criminal Investigation
Department specifically charged to combat armed
robbery and other heinous crimes nationwide. But
SARS in all parts of Nigeria has gained
embarrassing notoriety , tainting the image of the
Nigerian Police locally and internationally, and should either be scrapped or comprehensively
reformed to conform to modern standards of
policing or human rights compliant policing. “SARS operatives are known for arresting people
for all manner of alleged offences, torturing,and
executing suspects, and detainees in their custody
are secretly ill- treated. They also dabble into civil
disputes. We therefore, call on Anambra State government
to discharge its governance responsibilities
lawfully and put a stop to all illegal, barbaric
policies and actions,” Nwanguma stated.

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