Pilot Law

Human obstacles hinder criminal trials

 

Salman Jawondo has over the years become a legal figure in Kwara state who has earned credit in defending the voiceless in the society. In this interview with KAYODE ADEOTI, he speaks on the poor conditions of our prison system in the country among other germane issues. Excerpts:
On the issue of criminal justice, some people have argued that our constitution needs to be amended in order to aid speedy criminal trial, what is  your take on this?
The issue of criminal trial is not about our constitution because the constitution does not regulate trials, its only provides a framework. I have always maintained that if we continue to amend our laws even everyday and we don’t amend our ways, we will not get anywhere because it is we, Nigerians that will implement these laws. Also, if one makes a case for no submission, and one is overruled, the trial continues, you cannot apply for stay of proceedings. But that is what our lawyers are doing. The other aspect is the danger that has crept into our criminal system where witnesses meant for the state are now being bought over. It has been in existence for long but it is now common especially with corruption cases. People involved in corruption cases are always money bags so they can afford to dole out any amount to purchase other parties witnesses and the government is not in a position to pay. We have even seen a situation where the witness will go to into witness box to testify against the person who he is defending. So, we have a lot of human obstacles not legal obstacles.
The issues of herdsmen killings has continued unabated in Benue states and some other parts of the country, what legal measures do you think could be adopted to halt the menace?
One needs to understand the genesis of the problem we’re confronting on the issue of herdsmen, it is on that basis we will be able to analyse and proffer appropriate solution. We must also do away with sentiment and appreciate that we are all Nigerians. Grazing route was established in 1914 by the colonial masters, and this grazing route was international. One can move from here to Mali, Togo, Ghana, Sudan or any place before, that is why a Nigerian will claim that his cows are in Niger Republic. That was the situation then. But as time went on, population started increasing, more lands were appropriated for farming, some were acquired by government for institutions. There was however an encroachment on grazing roots and government did nothing about it. That’s why an herdsman will graze his cattle into a farm land even institution like University of Ilorin and still claim it’s his route. It is as a result of years of neglect and inactivity on the part of government to do something about the development that’s now an encroachment on grazing route. The other aspect is the cattle rustlers. In the olden days, the cattle rustlers depended more on charms. But today they are sophisticated, they carry arms and government did nothing about it.
…(cuts in) What is now the way forward?
People advocated for anti grazing law, that is not the way forward. A law can only be meaningful, and achieve it purpose if necessary conditions are provided. The solution is a matter of policy, and that is why we have to eschew sentiment. If government can acquire lands for farm settlement, what is wrong with government acquiring lands for ranches and building up cattle colony that will contain many ranches. So that we can take care of this ugly situation.
Recently House of Assembly moved to draw law on ritual killings…?
It is not about law but putting necessary conditions in place, and then the enforcement of the law. Yes, cultism activities appeared to have reduced but the situation in Kwara today is still worrisome. Artisans are cultists even secondary school pupils are now members. It is not about the law persey, it is about the enforcement of the law. There is no time ritual killing is prohibited by law which is the unlawful possession of human parts, they have been part of our law since time immemorial. So you see the prevalence now is the failure of governance. When you have failure of governance, everybody for himself and God for everybody.
Looking at our prison system, will you still agree  it rehabilitate…?
It is most unfortunate, reverse is the case. The prison is overcrowded, inmates now learn more of crimes in prison because our prisons are not provided with wherewithal to rehabilitate prisoners. If you say you want to rehabilitate somebody who is in prison, the person must be learning one trade or the other, then the food should be humane. Our prisons only aggravate the criminal tendency in inmates. That is why, some prisoners now find it hard to live life outside the prison yard because of attitude they’ve cultivated in there which they can’t live without any longer.

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