Bullying, Bullying Everywhere!

The Advocate

By Onikepo Braithwaite

Onikepo.braithwaite@thisdaylive.com

Court Room Bullying

The online Cambridge Dictionary defines Bullying as: “the behaviour of a person who hurts or frightens someone smaller or less powerful, often forcing that person to do something they do not want to do”. Today, Bullying has taken on different forms, including extreme violence in schools, and court room bullying of Counsel by Judges, in the guise of contempt of court! Bullying aka intimidation, harassment, is a criminal offence – see Section 18(1) of the Violence Against Persons (Prohibition) Act 2015 (VAPPA). 

In the court room, the Judge is seen as the more powerful party, more so than Counsel, and threatening Counsel with citations for contempt of court, which could land them in prison for acts that do not actually amount to contempt, is a form of bullying and a gross abuse of power. 

In Franklin Atake v AGF & Anor (1982) LPELR-586(SC) the Supreme Court held inter alia that, contempt procedure is for the protection of the court, and not the aggrandisement of the Judge who “should eschew any type of temperamental outburst, as would let him lose his own control of the situation and his own appreciation of the correct method of procedure”. That contempt in the face of the court, must include scandalous words spoken of the court or insults to the Judge in the exercise of his duty, and can be punished instanta by committing the contemnor to prison at the discretion of the Judge. In Re: A. U. Deduwa (1975) LPELR-937(SC) per George Baptist Ayodola Coker, JSC, the Supreme Court held that a court can punish a Contemnor summarily, which is simply, speedy punishment given to someone without a full trial, for minor offences.

In Ezekiel-Hart v Ezekiel-Hart (1990) LPELR-1354 (SC) the Apex Court held that Contempt: “is criminal, when it consists of interference with the administration of law, thus, impeding and perverting the cause of justice. It is civil, when it consists of disobedience to the judgements, orders, or other process of court, resulting or involving private injury”. Also see for example, Section 7(1) of Criminal Law of Lagos State (CLLS). Additionally, in Joseph A. Agbachom v The State (1970) LPELR-223(SC), the Supreme Court held thus: “To our mind, since a contempt of Court is an offence of a criminal character, it must be proved beyond reasonable doubt”. 

Yet, usually without proof of any wrongdoing, Lawyers are bullied by Judges for irrelevancies, threatened with punishment for contempt of court, and Counsel are also subjected to degrading treatment in the bargain, contrary to Section 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution). 

Inibehe Effiong and Marshall Abubakar 

Remember the 2022 case of our learned colleague, Inibehe Effiong, who was committed to prison by the Chief Judge of Akwa Ibom State, Hon. Justice Ekaette Obot, for 30 days, without following due process, for allegedly daring to ask that a Reporter be left to remain in the court room during the proceedings, since the trial was a public one, and expressing his discomfort at the presence of two armed mobile Policemen in the court room! Mr Effiong had later stated that, the CJ had come into the court that day, already appearing to be temperamental – see Franklin Atake v AGF & Anor (Supra).

Recently, it was widely reported that Hon. Justice Mohammed Umar of the Federal High Court, Abuja Division, was said to have asked Counsel to Omoyele Sowore, Marshall Abubakar, who was alleged to have raised his voice in court, to kneel down, as if he was a child  in primary school serving punishment for noisemaking, by being asked to go to the ‘naughty corner’ to kneel down, put his hands up and close his eyes, while being threatened with a citation for contempt of court. How demeaning and humiliating!

Can the actions of both Counsel, be said to fall within the definition of contempt of court laid down in Ezekiel-Hart v Ezekiel-Hart (Supra)? I think not. Assuming without conceding that Mr Abubakar was actually in contempt, which law authorises a Judge to demand that Counsel kneel down as punishment? None! The punishment is to be committed to prison, until such contemnor is purged of his contempt. 

Court room bullying, must be nipped in the bud. Judicial Officers who are proven to engage in this abuse of power, must be sanctioned.

School Bullying

Bullying as we knew it to be in our own school days in the 1970s, at least in many female schools, was about secondary school seniors trying to exert control over juniors, by making them do chores for the seniors, and running their errands. In the boys secondary schools, we heard that it went beyond that. That there were beatings and sometimes, sodomy/rape/sexual assault. Though these are serious criminal offences, they appeared to happen without any consequences for perpetrators. Was there a conspiracy of silence from the school authorities, even from those days? Has this silence, been an enabler to bullying in schools in Nigeria? 

Today, bullying has evolved and escalated from emotional, verbal and psychological abuse which is condemnable and can be permanently damaging to victims (see Section 14 of VAPPA), into full blown violent criminal offences perpetrated by youngsters, such as attempted murder, manslaughter, assault with intent to cause grievous bodily harm, and the like – felony offences that carry harsh penalties upon conviction, such as life imprisonment and various prison sentences. Several years ago, we did a cover feature on some secondary schools in Delta State, and found that cultism had spread to secondary schools, and students are also bullied into joining cults. 

In early 2022, I wrote two articles on late Sylvester Oromoni, a 12 year old student of Dowen College, who was bullied, and subsequently, died in November 2021, under questionable circumstances. In what can be considered to be his dying declaration, Sylvester stated that he had been bullied and forced by some seniors whose names he mentioned, to ingest some obnoxious substance, because he refused to join their ‘group’. This heinous act, attack with a harmful substance, is a breach of Section 21(1) of VAPPA and for an adult, attracts life imprisonment with no option of fine. Sylvester also had some physical injuries. It appears that neither the students who were mentioned, nor Dowen College suffered any consequences. Of course, we are all aware that lack of accountability, is a strong stimulant for more wrongdoing. 

So, why are people shocked by the horrible incident that took place at Igbinedion Educational Centre, where the whole of Nigeria watched a video of some bullies who committed assault with intent to cause grievous bodily harm, some called it attempted murder, because of the way the victim was brutally kicked, in such a way that could cause permanent damage? 

A young lady who was a student at the Igbinedion School about 25 years ago, testified to the fact that such bullying occurred in her time, and that she had tried to commit suicide to be able to get out of the hellish school; that her brother who died last year, developed a drug habit from their time at the School, which, unfortunately, he was never able to kick. Outright felonies obviously happening within the walls of the school, Her testimony points to the fact that Igbinedion School covers up such incidents and has little tolerance for whistleblowers, so this violence has continued unchecked, without intervention by Government authorities. 

USA and UK: Paula Cooper & Co

I remember when I was a student of Economics in University in USA in the 1980s, there was the famous case of a minor, Paula Cooper, who at the age of 16 in 1986, became the youngest female in USA (Indiana) to be on death row. She and her 3 other female accomplices, though all between the age of 14 and 16 at the time they committed the crimes (Secondary School age), had been tried as adults because of the sheer viciousness of the crime they had committed, and the fact that they obviously knew exactly what they were doing. During the robbery in 1985, Cooper, then 15, had stabbed 78 year old Ms Pelke, 33 times, which clearly confirmed her intention to kill, they then stole her $10 and car. If my memory serves me right, Ms Pelke had been a Sunday School Teacher, and the criminals were able to gain access into her home on the pretext of making enquiries about Bible Lessons. Foolishly, they drove around in Ms Pelke’s car after the murder, and were sighted in it. Cooper was sentenced to death, though it was later overturned and commuted to 60 years imprisonment, while her co-Defendants bagged long prison sentences ranging from 25-60 years. Cooper served 26 years in prison. As young as they were, they paid for their crimes.

Last week, I  also watched a video of a Nigerian boy in UK who was bullied, and beaten and kicked on the sidewalk by another fellow male student. His mother said, her son’s leg was broken during the attack. The victim’s mother said she had reported to the Teacher, that the bully slapped her son from time to time, and that they were planning to beat him up, but, the Teacher did nothing to forestall the attack. Again, silence on the part of the school authorities, in spite of knowledge of criminal activities among the students. Had the Teacher done the needful, the attack may have been averted. 

Accountability 

Now, people are outraged, and insisting that expulsion of the Igbinedion School bullies is inadequate; that they must face prosecution, as not only will this serve as a deterrent to others, it will show that there is zero tolerance for bullying in all educational institutions in Nigeria. It was reported last week, that they are facing prosecution in the Juvenile Court.

Recall the 2024 case of Maryam Hassan, a female student of Lead British School, Abuja, who repeatedly slapped another female student, Namtira Bwala. Like the video of the Igbinedion School beating, the video of Maryam’s bullying also went viral. Though I don’t believe any serious consequences arose from Maryam’s anti-social behaviour. 

With the way bullies have been able to get away with their crimes, only compelled to make insincere apologies in the face of being outed by undeniable video footage, they appear to have become more brazen and vicious. Are we building a good, decent and just society, if delinquent youngsters are left to freely mature into adult criminals? 

Accountability is three-fold – on the side of the bullies/perpetrators; the schools, and the authorities. 

1) Bullies

In Nigeria, Section 21 of the Child’s Rights Act 2003 (CRA) lists persons under the age of 18 as minors. See also Section 494 of the Administration of  Criminal Justice Act 2015 (ACJA). So, by virtue of Sections 149, 151(b), 152(4)(a), (b) & 204 of the CRA, the Family (Juvenile) Court of the Magistrate or High Court level, depending on the severity of the charges, should be the venue for matters concerning criminal proceedings against young offenders, Also see for example, the Child’s Rights Law of the various States on the Child Justice System, since most States have domesticated the CRA. Punishment for assault for an adult, depending on its severity, ranges from one year to life imprisonment. A young offender can be sentenced to a Borstal, or a Rehabilitation Centre, or held at the pleasure of the Governor. I do not think minors can be tried as adults, like Cooper.

2) Schools 

Schools that do not protect their students from bullying, have a lot to answer for. They must be sanctioned, even closed down, if need be. Schools owe their students a duty of care and a safe environment, and failure to meet these obligations could amount to negligence, which can result in damages being awarded against such institutions. See Section 2(2) of the CRA. Specific legislation can be enacted, to prescribe punishments for schools found to ignore bullying, and/or cover it up. 

Those institutions that enter a conspiracy of silence, whether it is to protect their school’s image or protect some favoured students, are worse. However, some of the staff could be held personally liable and face prosecution, for failing to take the necessary steps, either to stop the bullying, or to ensure that perpetrators are punished. Furthermore, when you conceal a crime before it is committed, such person may be considered to be an accomplice. A person who covers up a crime, is an accessory after the fact to the offence. See Section 18(4) of VAPPA (attracts 6 months imprisonment or a fine) and Sections 19 & 20 of the CLLS.

3) Government and its Agencies

The security and welfare of all citizens, including children is the primary purpose of Government. See Sections 14(2)(b) & 17(3)(f) of the Constitution and Sections 3, 4, 6-11, 15 of the CRA on children’s rights. 

Consequently, Authorities must step up and monitor schools, to ensure that bullying, violent crimes and drug use do not occur there. There must also be transparency in the way such issues are handled, without any cover up or protection, particularly for privileged children who may be perpetrators. 

It’s also time for laws against bullying to be specifically included in the CRA and various State Laws, laying down a clear procedure to be followed in cases of school bullying, cultism and the like, and prescribing clear punishments for those found guilty of same. And, these laws, must be enforced, no matter whose ox is gored, and not left as decoration.

Conclusion 

Thank God for the advent of video recordings from mobile telephones, so that many of these attacks have been brought to light. Youngsters are committing heinous crimes, which hitherto, they have been getting away with. Now that there is concrete evidence of their criminal activities, especially because of video footages, there should be proper investigations into incidents, and perpetrators must be prosecuted. The existing laws against such actions, must be enforced, if not, society is allowing delinquent children of today to evolve into violent criminals of tomorrow! The society must show zero tolerance, for bullying, particularly in schools which are supposed to be safe havens and centres for learning. 

Finally, but, most importantly, what are Parents teaching their children at home? This kind of criminal, anti-social behaviour shows a lack of home training, on the part of Parents. The primary learning place of good moral values, is the home.