OpEd: Hanan Buhari's Sim Card, The Burden Of Deterrence And The Monstrous S. 84 Of The Sheriff And Civil Processes Act By Peniela E. Akintujoye Esq. | Sahara Reporters While we continue to push the judicial option, we must rally the... READ MORE:
First, I'd like to congratulate Mr. Anthony Okolie, Mr. Omoyele Sowore and my brother and comrade, Tope Akinyode Esq. on the well won victory against the State Security Service - by the way from the records, the most lawless security agency in our country - who had at the instance of the Presidency instigated the arrest of Mr. Okolie and detained him unlawfully for 10 weeks for lawfully purchasing a sim card once used by Hanan, the President's daughter. That was all his offence.
The uninitiated should please note that the essence of such monetary award in favour of a victim of right abuse is to serve two purposes to wit: compensate him for his pain as a result of the abuse and to serve as a deterrence to the agency of government or individual who had abused his right. The implication of this is that the victim gets nothing at the end of the day as compensation for the abuse - and note that right abuses in certain situations lead to permanent incapacitation of the victim and sometimes death - and then more wearisomely, the abuser is never deterred.
Remember, the Attorney General is an appointee of the same government which controls the police, the SSS, and other security agencies that you're trying to enforce the judgment against. In practise, the Attorney General will never give you the consent. So at the end you get no justice. And worse still, you'll likely be abused more in the future because your abuser knowing there won't be any consequences is more emboldened to act with greater impunity.
To be clear, by this article, I am inviting the human right community and all Nigerians to declare a fresh war on S. 84 of the Sheriffs and Civil Processes Act. We must explore both the legislative and judicial options. I have personally perused the decision of the Court of Appeal in Onjewu Vs. Kogi State Ministry of Commerce and Industry & Ors. 10 NWLR [pt. 827]40 which is the most popular decision preserving S. 84 and I'm convinced that the rationale for the decision of my Lords which may have been valid at the time the decision was given are currently totally flawed.
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