pls sign this petition and help us tell the police to release our students www.thepetitionsite.com/681/853/112/urge-the-police-to-free-our-students-from-prison-and-withdraw-court-case/#13726283982232&action=fb_connect&fb_id=0

By Comrade Inibehe Effiong, a.k.a GANI
I wish to draw the attention of the Visitor to the
University of Uyo and the President and Commander-
in-Chief of the Armed Forces of The Federal.
Republic of Nigeria, Dr Goodluck Ebele Jonathan, the
Executive Governor of Akwa Ibom State, the National
Assembly, Honorable Attorney General
of the Federation, Inspector General of Police, National
Human Rights Commission, CNPP, NBA, NANS, CSOs,
ASUU, Femi Falana SAN, Olisa
Agbakoba SAN, Bamidele Aturu, Festus Keyamo, Prof
Wole Soyinka and other Rights Activists, the
International Community, the media and the
general public to the continued unlawful detention of
44 students of University of Uyo(all males) in the Uyo
prison.
Sequel to the crisis that erupted in the University of
Uyo on Wednesday 12 June, 2013, the Nigeria Police
whose unprofessional intervention escalated the
apparently peaceful protest by students of the
university against unfavorable policies embarked on
an indiscriminate arrest of vulnerable students from
their hostels in Udi Street in Uyo and along the road.
These students who by virtue of Section 36(5) CFRN
1999 as amended are presumed innocent until proved
guilty were initially detained at the police C.I.D of the
Akwa Ibom State Command Ikot Akpan Abia from
June 12 to June 19 when they were arraigned before
Chief Magistrate Lawrence S. Udonwa on felonious
charges which included murder, arson, destruction of
property and rioting. The students who were brought
to court in 8 Toyota Hilux Pickup trucks like a
common criminal could, however, not take a plea as
the Magistrate Court declined jurisdiction. The case file
was transferred to the Director for Public Prosecution
(DPP). The Chief Magistrate instead of discharging the
students for want of jurisdiction surprisingly made a
committal order sending the students to prison
pending the decision of the DPP on the matter.In the
case of Uneze
Ors V. The State (1973) 6 SC 221.
The appellants were brought to Uyo Magistrate Court
(just like the present 44 students) for an offence of
murder of one Inyang Idim and on the committal order
of the magistrate; they were subsequently tried in the
High Court of the South Eastern State which sentenced
all of them to death. On appeal against the conviction
and sentence, the issue of the jurisdiction of the Uyo
Magistrate Court to entertain the murder case was
raised and that the
subsequent trial in the High Court of Ikot Ekpene
Judicial Division of the state was also a nullity. It was
held by the Supreme Court that the
committal proceedings in this case were vitiated by a
defect in jurisdiction. The appeal was subsequently
allowed. It is my humble opinion that the Police had
no business arraigning the 44 students in the
Magistrate Court. The Police cannot claim ignorance of
the defect in that Court’s jurisdiction. Even if they do,
ignorantia juris non excusat (ignorance of the law
does not excuse).
It is equally my humble position that the Learned Chief
Magistrate having arrived at the irresistible conclusion
that he had no jurisdiction ought to have
discharged the students. Discharge is not an acquittal.
It is without prejudices to the power of the state to re-
arraign them before the competent court, if at all there
is convincing evidence establishing a nexus between
the students and the crimes of June12. By committing
the 44 students to Prison, the Chief Magistrate violated
the constitutional right of the students to fair hearing
and fair trial guaranteed under section 36 CFRN 1999.
How can citizens be kept in prison at the pleasure of
the DPP?
At the moment, those students are being kept under
excruciating, inhumane and totally repulsive condition.
They are emaciating by the day. I reject a situation
where those students are being used as scapegoats.
The Nigeria Police have serious questions to answer
on her role in the June 12 crisis. The Police in this
case are both the accuser and the judge. The Nigeria
Police Force cannot be weak with the corrupt and
strong criminals and brutally strong with innocent,
helpless and harmless Nigerians. The treatment meted
out to these students has once again demonstrated
that the weak, vulnerable and the poor have no
protection under the law. It adds credence to the
assertion that the Nigerian Government is anti
masses. It makes nonsense of the Rule of Law,
criminal justice system and the Transformation
Agenda mantra of the Jonathan administration. It has
exposed the Nigerian Judiciary as an institution
susceptible to the capricious and
tendentious proclivities of the oppressors in this
country. I humbly request the immediate intervention
of the authorities and persons mentioned above.
They should rise to the occasion and save our dear
nation from embarrassment in the International
Community. The time to act is now.
Comrade Inibehe Effiong, a.k.a GANI
Part V Law Student
University of Uyo http://www.saharareporters.com/article/
unlawful-detention-uniuyo-students-comrade-inibehe-
effiong
inibehe.effiong@yahoo.com