Hanifa, Iniubong: How public pressure, proper investigations aided speedy justice

The speedy conclusion of the cases over the murder of a private school pupil, Hanifa Abubakar, and job seeker, Iniubong Umoren has rekindled hope

The speedy conclusion of the cases over the murder of a private school pupil, Hanifa Abubakar, and job seeker, Iniubong Umoren has rekindled hope and increased the thinking that Nigeria’s justice system could have a more efficient and effective delivery.

The rapidity within which the case of Hanifa was concluded in five months while that of Iniobong was in 12 months, is a novelty in Nigeria’s reforms intended to institute a speedy and efficient justice delivery.

• NIGERIA DAILY: Four Charges That Determined Hanifa’s Killers Death Sentence
• Murderer of Akwa Ibom job seeker, Iniubong Umoren, sentenced to death 

For Hanifa, from the time the Kano State government filed the five-count charges on February 22 to the conclusion of the case on July 28, was five months.

The quick completion of the investigation by the Nigeria Police within a record time of two months from the date the deceased went missing on December 18, 2021, and when the case was filed in court on February 22, was also a high point.

The success of the investigation and prosecution within a record time is a template for Nigeria’s aspiration for the conclusion of all cases within six months as is applicable in many parts of the world.

Hanifa was the five-year-old pupil of the Islamiyya School in Kano State, (Nobel Kids Academy and North West Preparatory School) who was abducted by the school proprietor, Abdulmalik Tanko on December 4, 2021, on her way home from school.

The proprietor was said to have taken her to the Dakata area of Nasarawa Local Government Area of the state and demanded the sum of N6 million as ransom from her parents.

Tanko, alongside his co-defendants at the Kano State High Court, Hashimu Isyaku and Fatima Jibrin, was said to have murdered the kid with rat poison and buried her in a shallow grave.

Delivering the judgment, Justice Usman Na’abba sentenced Tanko and his co-defendants to death by hanging following their conviction on charges of criminal conspiracy, kidnapping, confinement, and culpable homicide contrary to sections 97, 274, 277, 221 of the Penal Code.

Justice Na’abba also convicted Tanko to five years imprisonment for the other four count charges leveled against him.

The judge also sentenced the second defendant, Hashim Ishyaku to death by hanging and four years imprisonment (2 years each for conspiracy and concealment).

The third defendant, Fatima Jibril, was however sentenced to two years for conspiracy and attempt.

In the case of Iniubong, an Akwa Ibom State High Court on August 4 sentenced Uduak Frank Akpan, 20, to death by hanging after he was found guilty on three-count charges bordering on murder and rape.

Justice Bassey Ukanang, who held that the prosecution proved its case beyond a reasonable doubt, found Mr Akpan guilty on two counts charges of rape and murder.

Ms. Umoren, who graduated from the University of Uyo, was killed after she left her family in Calabar for job-hunting at the invitation of Akpan. Her family raised the alarm after her disappearance.

Akpan lured Iniubong to his house at Nnung Ikono Obio in the Uruan Local Government Area of Akwa- Ibom State where he raped, killed, and eventually buried her in a shallow grave in his father’s compound in July 2021.

The speedy conclusion of the trials elicited a sense of closure and justice from the family of the victim and members of the public who saw it as a novelty in terms of case conclusion rate.

Various measures adopted in the country have been aimed at improving justice delivery and eliminating constraints to speedy dispensation of justice, among which is the Administration of Criminal Justice Act, 2015, which has been adopted by the states, the practice directions, and the use of ICT.

Although the convicts are expected to exhaust their entitlement to appeal the judgments of the courts before the orders would be due for execution, Governor Abdullahi Ganduje of Kano State has vowed to quickly sign the execution warrant of the court in the case of Hanafi’s killers, when it is presented to him.

The convicts have up to 90 days to file their appeals.

Public pressure, proper investigation responsible – Experts

Experts have identified public pressure on relevant institutions of the criminal justice system and proper investigation before arrest conducted by the police as the factors responsible for the speedy conclusion of the two cases.

The chairman of the Section on Public Interest and Development Law (SPIDEL), Monday Ubani Esq said the convictions are a good development for Nigeria’s justice system.

He also suggested that the early conclusion of the cases may be due to the social status of the offenders, which may be influenced by the type of lawyers and the strategies these lawyers may adopt to delay their trial.

“It shows that we can do away with these cases if they mean business because the judge is supposed to be in charge of his court and must try as much as possible to discourage any lawyer seeking to delay the case in court,” he added.

Also in his reaction, the Executive Director of Citizens United for Rehabilitation of Errants (CURE), Sylvester Uhaa, said the expeditious conclusion of the matter shows the power of the public.

He advocated more media freedom, and free expression as some of the solutions to the slow dispensation, adding that there is the need for more public scrutiny for the various agencies to do their role efficiently in the conclusion of the cases.

“This underlines the fact that we need to empower the media and allow them the freedom to contribute to the delivery of justice through promoting criminal cases, and making the judges aware that there is public attention on the cases and they need to do the right thing,” he said.

On his part, a senior member of the Centre for Socio-Legal Studies (CSLS), Kelvin Mejulu Esq, said the unique feature of both cases was that investigations were conducted efficiently and effectively before the arrest and arraignment of the culprits.

He noted that both crimes were committed and victims buried in shallow graves but the investigation unraveled the offence and then linked the convicts to it.

 “Our advocacy has always been that proper investigation by teamwork is key to a speedy conclusion of cases. The problem has been that the police and prosecution have always banked on confessional statements. And when these are thrown away based on not being gotten voluntarily, the case would collapse,” he said.

“Public pressure also contributes to the speedy investigation and court proceedings. Also, our laws by the ACJA and ACJLs allow for day-to-day trials and no room for frivolous adjournments.

“Above all, no matter how beautiful the law is, if the implementers are not serious it won’t work.”