Nigeria’s Skewed Criminal Justice System

The conviction and sentencing of a 28-year-old auto mechanic to three years in prison by an Osogbo Chief Magistrate’s Court for stealing a few tubers of yam, once again exposes a criminal justice system that is skewed against poor Nigerians, Davidson Iriekpen writes

Outrage recently greeted the sentencing of a 28-year-old auto mechanic, Akeem Jimoh, to a three-year jail term by an Osogbo Chief Magistrate’s Court for stealing a few tubers of yams worth N35,000.

The defendant, accused of stealing 17 tubers of yam behind Africa Primary School in the Ataoja area of Osogbo, pleaded guilty to a one-count charge of theft brought against him by the police.

When asked why he committed the act, Jimoh told the court that it was due to hunger and pleaded for leniency. 

Not even his motive for stealing (hunger) or plea for leniency could move the presiding magistrate, Muibah Olatunji, to show him mercy.

The magistrate sentenced him to three years in prison with hard labour, without the option of a fine. This drew widespread condemnation, with many describing it as excessive and overreaching.

The verdict exposed the imbalance and skewed nature of the Nigerian criminal justice system.

Many believe that when it comes to sentencing the underprivileged—often for offences such as stealing phones, food, clothes, or engaging in internet fraud—the courts tend to be swift and decisive in awarding severe punishment.

However, when the offenders are wealthy politicians, businessmen, or top public officials, whose crimes involve stealing or misappropriation billions of naira, the punishment is often little more than a slap on the wrist.

Many cited a 2019 judgment of the Federal High Court in Lagos which sentenced a former acting Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Calistus Obi, to seven years imprisonment for N225 million fraud and gave him an option of a meagre fine of N42million, which he paid instantly and walked away.

The court found Obi guilty of conspiring with one Dismal Alu Adoon using two firms, Grand Pact Limited and Global Sea Investment, to convert N225 million belonging to NIMASA to personal use.

During the sentencing, the EFCC urged the court to impose the maximum punishment prescribed by the law on the convicts. The agency’s lawyer, Mr. Rotimi Oyedepo, told the judge that Section 15(3) of the Money Laundering (Prohibition) Act, which Obi and Alu violated, prescribed a maximum prison term of 14 years for an offender. 

Instead of imposing a heavier sanction on the convicts to serve as a deterrent, the court was lenient to them.

However, when the poor are convicted for lesser offences, the punishment is usually severe and most times, with no option of fine.

On April 19, 2019, a 20-year-old Emmanuel Obinna, who was a guest at Villas Hotel, Akowonjo Street, Egbeda, Lagos, was sentenced to one year-imprisonment for stealing a cell phone, a wristwatch and N13,000 cash from other guests at the hotel.

Also, in Benin City recently, a 33-year-old man, Ibrahim Samuel, was sentenced to 18 months imprisonment for stealing six electrical fuses and five lengths of copper wires belonging to the Benin Electricity Distribution Company (BEDC).

A few years ago, an Osun State High Court in Osogbo sentenced a 31-year-old man, Kelvin Igha Igbodalo to 45 years imprisonment for stealing a Sony Ericsson mobile phone that is not worth N7,000.

Recently, Justice Ismail Ijelu of the Lagos State High Court in Ikeja sentenced one Osaibovo Charles to a total of 50 years’ imprisonment for offences including conspiracy, obtaining money by false pretence, stealing, possession of fraudulent documents, and money laundering. The court also ordered restitution of £15,000 to the victim Miss Shenika Garati.

Even the recent breaches at the airports between ace Fuji musician, Wasiu Ayinde Marshall, popularly called KWAM 1 and Comfort Emmanson, and the treatment the latter got in the hands of the authorities further shows how skewed Nigeria’s justice system is.

In saner climes, the criminal justice system protects the weak and the vulnerable. But in Nigeria, the reverse is the case as the country’s criminal justice system favours the rich and victimises the poor.

While those who steal billions of naira of public resources are either set free by the courts based on technicalities or given the option to pay paltry and ridiculous sums as a fine, the poor who steal goats, phones and other petty items are slammed with stiffer sanctions.

While a report released by the EFCC recently said it secured 312 convictions, most of the convicts perpetrated petty frauds and the criminal cases involving the rich are unnecessarily delayed in the courts.

Unlike the poor that are helpless, the rich politicians, businessmen and top civil servants have the resources to compromise the prosecutors and judicial system to stall their arrest, trial and conviction.

By virtue of section 17 (2) (a) of the 1999 Constitution (as amended), every citizen shall have equality of rights, obligations and opportunities before the law. This is not usually the case in practice, as the rich and poor defendants are not treated equally by the criminal justice administrators.

For instance, in 2019, the EFCC after prosecuting the former Governor of Gombe State, Danjuma Goje for corruption for eight long years, withdrew from the case. Goje, who governed his state from 2003 to 2011 and was serving his fourth term in the senate, was prosecuted for allegedly misappropriating N25 billion while in office as governor.

His political opponents alleged that the decision of the federal government to withdraw the criminal case came after the former governor stepped down from the race for Senate President in the ninth National Assembly. 

According to the reports, he stepped down after a meeting with then President Muhammadu Buhari who reportedly urged him to support his preferred choice, Senator Ahmad Lawan.

On January 28, 2013, Justice Abubakar Talba of the High Court of the FCT in Gudu, convicted and sentenced a former Assistant Director in the Federal Civil Service, John Yakubu Yusuf, to a two-year imprisonment for stealing about N24 billion from the Police Pension Funds, with an option of N750,000 fine, which he instantly paid.

Embarrassed with the manner the judge handled the Yusuf’s case and the outrage it generated across the country, the National Judicial Council (NJC) castigated Justice Talba for what it called “unreasonable exercise of judicial discretion” and suspended him for 12 months without pay.

Reacting to Jimoh’s recent sentencing to three years in prison for stealing tubers of yam, a human rights lawyer, Femi Falana (SAN) condemned the sentence slammed on him. In his statement, the activist said the sentencing policy in the country needed to be reviewed to make it more humane.

Falana argued that it is no longer a crime for the poor to steal food to feed themselves and their family members. He also queried why scarce public funds should be wasted on the upkeep of convicts jailed for petty offences like that of Jimoh.

Falana said: “It is high time the sentencing policy of the country was made humane. Why should the government be made to waste scarce public funds on the feeding, accommodation, and medical care for the convict who was jailed for stealing tubers of yam worth N35,000?

“The attention of judges and magistrates ought to be drawn to the fact that judicial officers in capitalist countries have stated that it is no longer a crime for the poor to steal food to feed themselves and their family members,” Falana added.

A criminal justice system that targets the poor and the weak certainly lacks justice.