Still On The Unlawful Detention Of Uni Uyo Students:
A Month After By Comrade Inibehe Effiong - @InibeheEffiong
@papiyase
One week ago, precisely on Friday July 5, 2013, I wrote an article with the title: “Unlawful Detention of UNIUYO Students” which was published by Sahara Reporters (The Wiki Leaks of Africa). The article went viral on the internet, social and print media and other media platforms.

In that article, I drew 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, National Assembly, Honourable 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 male students of the University of Uyo who were indiscriminately arrested by the Police mostly from their hostels at Udi Street in Uyo (outside the premises of the University) and on the road.

They were detained initially 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 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 Uyo Prison pending the decision of the DPP on the matter. I had argued inter alia, that the learned Chief Magistrate by his order, grossly violated the constitutional right of those students to fair hearing and fair trial guaranteed under section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

I am sad to announce to the whole world that today, Friday, July 12 makes it one month since those innocent, poor and voiceless Nigerian Students were arrested and incarcerated. The Akwa Ibom State Ministry of Justice just like the Nigeria Police Force and Chief Magistrate Lawrence S. Udonwa, have serious questions to answer on this matter. Investigation reveals that the Ministry of Justice remains indecisive on whether to commence prosecution or not. It is a very sad commentary that the Learned Attorney General of Akwa Ibom State, Barr. Ekpenyong Ntekim who is supposed to be a defender of public interest has by his action or omission dealt a devastating blow to the course of Justice, good conscience and truth.

As at today, only one student to my knowledge has been freed having been granted bail by the Hon. Chief Judge of Akwa Ibom State pursuant to an Experte Motion for bail in the Fundamental Right Enforcement Application brought by the released student against the C.O.P and the A-G Akwa Ibom State. Most of those students are indigent, their parents, relatives and guardians are selling off properties to secure legal services for their children and wards whose only sin is their studentship in the University of Uyo. I have heard of a widow/mother who gave a Lawyer two hundred thousand naira (#200, 000.00) to secure the release of her son but to no avail.

Presently, the health of those students has worsened. My interaction with the families and relatives of those students shows clearly that they are totally frustrated at the system. Investigations has further revealed that the properties of some of those students, especially those who were arrested while struggling to return home were confiscated by the police and are yet to be released.

One factual explanation for the continued detention of those students for one month now is that they are poor, helpless and voiceless Nigerians. Things certainly would have been totally different were the children or relatives of Commissioners, Special Advisers, Directors, Permanent Secretaries, Local Government Chairmen and other “Influential” persons among those detained. It is unpardonably blasphemous to contemplate of the children or relatives of the President, Governors, Senators, or Ministers and their likes, being detained in Nigeria for one month without trial. NOT IN NIGERIA.

The Akwa Ibom State Governor with his student unionism pedigree (having been a Speaker of the Student’s Parliament in the University of Calabar) should kindly demonstrate his well known goodwill and sympathetic heart to the plight of those students.

As a final year Law Student of the University of Uyo, I am saddened by the events of June 12 and the closure of the University. I am badly affected. No student in his right sense will support the carnage and anarchy of June 12. However, facts are sacred and should be respected. Prof. Soyinka is reputed for saying that: “Justice is the first condition of humanity”. I insist on justice and the Rule of Law in this matter. The authorities should know that there are voices can never, never be silenced. I challenge the media to rise to its constitutional mandate under Section 22 CFRN 1999 as the Fourth Estate of the Realm by probing into this matter. The Senate President of NANS and four other comrades and Kingsley Udoette have been sent to their untimely graves all because of this crisis. Is this what they died for? Why can’t the authorities arraign those students if they have evidence of crime against them? Why this primitive and provocative show of power, arrogance and impunity?

The Supreme Court of Nigeria had since given judicial recognition to the sacred place of university students in nation building and emphasized on the need to protect them from extra-judicial stigmatization. In the locus classicus and celebrated case of Yesufu Amuda Garba and Ors V. University of Maiduguri (1986) I NWLR (pt.18) P550 the apex court Per Obaseki JSC had this to say:
“A University student is a priceless asset and as he is on
the threshold of a world of useful service to the nation,
we cannot afford to destroy him by stigmatizing him
with guilt of offences unless proved guilty before a court”.

Who will save those students from being destroyed by stigmatization for offences that has not been proved before a court of competent jurisdiction? Once again, the time to act is now.

LET HELP SAVE THIS INOCENT STUDENT OF UNiVERSITY OF UYO
GOD BLESS UNI oF UYO
GOD BLESS AKWA IBOM
GOD GUILD and KEEP NIGERIA


MOD FRONT PAGE pls

Justice is one thing Nigeria would find very difficult to produce , but upon students ? Common these juggernuts are better off than this ,one problem i see with them judges and judicial system is that they always get influenced ,there is no dichotomy of power at all ....All in all i wish you the best and pray the student are released by weekend ....Aluta continua!!!