OPEN LETTER TO PRESIDENT BOLA AHMED TINUBU (GCFR) ON A LOOMING MISCARRIAGE OF JUSTICE BY THE ATTORNEY GENERAL OF THE FEDERATION (AGF) CONCERNING THE OPU-NEMBE CRISIS
Your Excellency,
We hope this letter reaches you amidst your busy schedule as it concerns a matter of utmost importance that demands your immediate attention and decisive action. But firstly we want to thank you for your commitment to enthroning the tenets of democracy through your objective and fair inclination since you assumed office. Your adherence to the rule of law and the principles of democracy have added prestige to the international reputation of Nigeria, which gave rise to your election as Chairman of the Economic Community of West African States (ECOWAS) within 41 days of your swearing-in as President, a record that’s next to none.
You’ve shown Nigerians and indeed the international community that you’re committed to the unity and progress of the country. Your non-interference in legal matters including election petitions across the country has distinguished you as a lover of the rule of law. Despite the immense power you wield as our Commander-in-Chief, you provided a level playing field for all candidates and indeed citizens to get justice from the judiciary. For this and more we’re grateful.
However, we’re constrained to write you this open letter due to a disturbing miscarriage of justice that has been hatched and is about to be perpetuated under the watch of your very respected and experienced Minister of Justice and Attorney General of the Federation, Chief Lateef Fagbemi SAN regarding the Opu-Nembe crisis that we hate to admit has taken our Kingdom backward.
We can’t deny the fact that Opu-Nembe Kingdom in Nembe Local Government Area of Bayelsa State like most Communities in Nigeria has had its share of violence mostly triggered by political, communal and economic sentiments. A case in point is the heinous violent attack that occurred on the 15th of February 2023, ahead of the just concluded Bayelsa general election.
Mr. President, on that fateful day, gunmen believed to be followers of Mr. Kojo Sam, a popular pipeline surveillance contractor and godson of Chief Timipre Sylva, former Minister of Petroleum (State) invaded the community, killing Baite Agala, Queen Kieriseiye and Inikio Walter who were all unarmed. They equally destroyed valuable properties worth millions of naira and rendered hundreds of peaceful residents in the community homeless. After the carnage, within August 2023, these same hoodlums in the company of officers of the Special Weapons and Tactics Team (SWAT) of the Nigeria Police Force invaded the community and killed two persons and also arrested several others. These hoodlums backed by the SWAT team have been occupying the community and terrorizing helpless citizens. Those of us who are opposed to their siege and barbarism in the community have either fled or are living in constant fear as they attack whoever refuses to do their bidding.
A criminal case concerning the killing of law-abiding innocent citizens in the community on the February 15 attack with charge number FHC/ABJ/CR/323/2023 was filed by the Inspector General of Police (IGP) at the Federal High Court sitting in Abuja against Lugard Martina, Dautibi Paul Okolai, Appy Sunday Julius, Michael Kumosuonyo and others who carried out the dastardly act. Some of the charges filed against them include terrorism, murder and stealing (a copy of the charge sheet is attached to this letter).
Your Excellency, we have just been reliably informed by DCP Simon Lough (SAN) who is the Lead Prosecuting Counsel in the case that the Attorney General of the Federation (AGF)has decided not to prosecute the matter further (nolle prosequi). Hence the witnesses failed to show up when called upon to testify in court.
While we acknowledge the power of the AGF to give formal notice to discontinue a court case instituted by any authority or person in the country, he can only do that based on “public interest, the interest of justice and the need to prevent abuse of legal process” as enshrined in our extant laws. Your Excellency will agree with us that this particular murder case is of utmost public interest and too grave to be discontinued without getting justice.
We believe the alleged action of the AGF not only negates the ideals of justice but also the fundamental principles of fairness, impartiality, and adherence to the rule of law in all situations. The purported action if successfully executed will further lead to a betrayal of trust the terrorized but helpless people of Opu-Nembe have in our legal system.
At this juncture, we are forced to ask the following questions: What will be the fate of the families of the victims if the perpetrators are freed without prosecution? Will the Nigerian judiciary be allowed to dispense justice and bring a form of respite to the bereaved? Should victims of violence and terrorism start seeking justice outside the ambit of the law? Should murderers of innocent citizens go unpunished because of clear political interference? Is the judiciary now at the beck and call of the Attorney General? Is miscarriage of justice also part of the Renewed Hope Agenda we all believed in and still believe in? Is the Federal Government indirectly urging families of those killed to resort to alternative means of avenging the death of their loved ones since justice is not allowed to take its course?
Please call the Attorney General to order and take decisive action to rectify any order that may have been given surreptitiously. We look up to you for leadership and accountability in ensuring that our legal cum judicial system remains fair, impartial, transparent and free from any form of interference that will prevent or subvert justice. Urgent steps should also be taken to restore confidence in the judiciary and reaffirm its commitment to upholding the principles of justice and equality for all.
Your Excellency, Opu-Nembe bleeds following the loss of lives and wanton destruction of properties by these hoodlums now occupying our community and only justice can bring restoration and progress. The strength of our democracy depends on the integrity of our institutions and the trust of our citizens. We therefore plead with you to as a matter of urgency heed this call for action and to stand on the side of justice, fairness, and accountability.
Thank you and may God continue to strengthen Your Excellency as you work tirelessly to restore and advance the cause of Nigeria and Nigerians.
Signed:
1. Chief E.T. Ikoli
2. Chief Johnbull Efere
3. Afuroyanate Beredugo.
4. Naomi Jonah.
5. Alanabo Digigha
6. Mr Ayebaemi Kieriseiye
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