Pilot Law

El-Rufai: Castrating rapists can make them become more violent – Ashaolu

Titus Olasupo Ashaolu (SAN) is one-time Commissioner for Justice and Attorney General of Kwara State. In this session with ACTING EDITOR, MUMINI ABDULKAREEM, the member of the Judicial Service Commission talks about rampant rape, cultism among other issues that is prevalent in the society. Excerpts:
Cases of rape and cultism have assumed another dimension with many fatalities. Do we need stiffer laws or what is your view on this?
It’s not that the law is not enough to deal with the menace or that it should stiffer. But our enforcement agencies must do a lot about it. Once culprits are arrested, they should be taken to court for trial and let the law takes its course. But when no arrest is made or they slip off the hands of those that arrested them, there is problem. The security agencies have to step up their investigation and bring culprits to court with facts so that it will be difficult to exploit any escape route. The whole thing I think rest in the doorstep of our law enforcement agents. For instance, culpable homicide is punishable with death, but somebody kills and cannot be arrested or is arrested without fact, they will be left to go away. Culprits of cultism always kill and so there should be proper investigation, charged them to court and get killed also, that is the only thing that should suffice, implement the law to the latter. They cannot just be left roaming about in the street otherwise they continue to commit havoc. The issue is so widely spread now that if care is not taken, they will be out of our hand because primary school children are not into cult. The law enforcement agencies should step-up investigation and arrest with facts and we will get it right.
Kaduna state has approved the castration of rapists, what is your view about it curtailing the menace and do you think we should replicate same in Kwara?
Although Kaduna has passed its own law which they believe it will curb the issue in their area, but my view is that such will not deter the culprits from doing it. There is a law already for rapists which is life imprisonment and they have left it in the purview of that law. Castrating rapists can even make them become more violent. The fact that one is castrated doesn’t mean such person cannot molest or rough handle a lady. Once they are, they won’t come out again and with a caveat no governor should come and give them pardon in the guise of prerogative of mercy to release them because eventually at times, they get government pardon under this concept and they will be left off the hook. If they are castrated, though they can’t have (sex) but they can molest women in various forms.
What is your view on death warrant that governors have refused to sign?
The thing is common now maybe because of the way the world view it now and that is why some governors based on compassion avoid appending their signatures. But some have to do with politics and I don’t think there is any reason why they should not sign, a person who killed must be liked in return, that is it.
There have been lots of complaints about the welfare of judges and judicial workers salaries, as a member of the commission now, what should we expect?
Ours is to better the lot of the judiciary and I will try my best to have a positive impact with suggestion and inputs. There is no friction between the judiciary and bench, and we should know that one cannot be a judge without first being a lawyer.
As a lawyer and politician, how have you been able to deal with the pressure from your appointment?
People have been coming and making request about appointments, this is normal. It is just to do your best and leave the rest to God because one cannot satisfy everybody. But at the same time, one should also try as much as possible to assist his people and the little you do will matter. One cannot be in isolation, we have friends, acquaintances, relations and political allies who feel you are representing them and so there will be pressure. The last group is another constituency whose demand one cannot even meet, but do you best. I discussed with them and I told them to be calm, I can’t make empty promises and I tell them with God, everything is possible and pray to him for assistance. I have been in similar position before as the Attorney General and Commissioner for Justice, it’s the same thing, the pressure is always there. One has to assist people because that will be a legacy and fortunately, that is my own philosophy about life.

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