US-based Nigerian expert rots in Agodi Prison
By Sam Nwaoko
Sunday, August 17, 2008

So much is locked behind the high walls of the prison yards around the country. Many of the inmates are justifiably there; many others are serving terms following awkward, jejune cases while so many others have no business being imprisoned or in prison detention. A recent visit to the Agodi Prisons in Ibadan, the Oyo State capital, in the entourage of the state Attorney General and Commissioner for Justice, Mr. Michael Folorunsho Lana, afforded the Sunday Tribune an opportunity to see beyond the high incarceration walls. The visit highlighted the urgent need for an unembroidered catharsis in Nigeria’s justice delivery system.



Mr. Lana led a team of other officials of the Oyo State Ministry of Justice on a fact finding come technical assessment visit to the prison on the instruction of the governor, Chief Christopher Adebayo Alao-Akala. He said the prison authorities had written to the governor for assistance over the inadequacy of facilities in the prison.



On the other hand, he said the body of attorneys general in the country, at a recent meeting, decided that members should visit the various prisons in their states to determine what are wrong and how to tackle them.



Beyond the aged and inadequate but fit physical structures seen in the prison yard, Governor Akala’s representative found that many Nigerians are needlessly undergoing emotional torture behind bars in the cold confines of Agodi Prisons. The case of United States-based Public Health expert, Dr. Timothy Agunbiade, caught special attention.



Dr Agunbiade’s tale left the commissioner, Mr. Lana and his entourage in awe and in obvious lament over the tacky justice delivery system in the country. The medical expert, who has been practicing in the United States since 1983, told Sunday Tribune that he had been in prison detention since July 3, 2008 following inexplicable orders of Justice R.N. Ofili-Ajumogobia of the Federal High Court, Ibadan.



According to the Ilesa, Osun State-born Agunbiade, he became a detainee after he was arrested in his home in Lagos by policemen from Ibadan, following a report by his friend that he allegedly imported fake drugs into the country. The drugs in question, Agunbuade said, were genuine and were imported legitimately by him from the United States. “The National Agency for Food and Drug Administration and Control (NAFDAC) even tested and certified the drugs to be genuine.”



He believes his travails began “when a friend of mine also based in the US felt he should have been the one importing the drugs. He threatened to ‘show me’ and I didn’t know how until policemen came from Ibadan and arrested me on allegations that I was distributing fake drugs in Oyo Sate.



“I told the policemen that the drugs had been certified by NAFDAC and were already in the market in Lagos, but they said Oyo is different from Lagos.”



However, he was arraigned on a lone count charge of distributing “for the purpose of sale of fake and (or) expired drugs in the name of “MV365 and MVS PRE-NATAL” and thereby alleged to have committed an offence contrary to Section 1 and punishable under section 3(1) (A) of Counterfeit and Fake Drug and Unwholesome Processed Food Miscellaneous (Provision) Act Cap 34, Laws of the Federation of Nigerian 2004, on the 14th of November, 2007.”



The case came before Justice Molokwu who admitted Dr Agunbiade to bail. At the next hearing date which was January 18, 2008, he said he made himself available in court “and the court accordingly ordered the prosecution to assemble their witnesses against the 26th of February, 2008 which was the date fixed for the hearing of the case.” On the hearing date, he said he also made himself available in court but the case could not proceed to trial and was adjourned to March 5, 2008.



On March 5, Dr Agunbiade was in court again, but neither the counsel for the prosecution nor any representative of the complainant was in court and this caused the case to be adjourned to March 16, by which time Justice Molokwu had been transferred. The new judge, Mrs. R.N. Ofili-Ajumogobia, adjourned the case to May 9 before the arrival of any of the parties and counsels in the matter. On May 9, the court did not sit and the registrar fixed June 19 for the case on the agreement of the parties in the case. His counsel, Bolaji Faboro, told ST that he could not make it to court on June 19 but he sent Micheal Agbolade “since I believed that it was just to take a date.”



June 19 was the first time Dr Agunbiade would appear before Justice Ofili-Ajumogobia. Then, the prosecution stated its intention to withdraw the case following its amicable resolution among the parties. Agunbiade said this drew the ire of the judge who, he said “condemned the prosecution counsel for making such an application before her.”



At the hearing of that June 19, Agunbiade claimed that the judge insisted that if the counsels failed to agree to a date that did not exceed June 24, she was going to revoke his bail.


“Both counsels in the matter then reluctantly agreed to come back for the case on June 24,” he said. He said he became worried over what he described as the open hostility of Justice Ofili-Ajumogobia towards him. On June 24, all the parties were shocked to find that the judge was not present in court despite the threats of bail revocation five days earlier.



The absence of the judge made the counsels to choose September 22, 2008 which was the agreeable date to the registrar, Faboro,who had informed them of the annual judges’ vacation.



Agunbiade said he was greatly surprised when his counsel called him late on July 2 that there was a hearing notice issued on July 1, served him (the counsel) on July 2, that the trial of his case had been fixed for July 3, the next day. The hearing notice, he observed, was served by the court clerk, and not the usual bailiff. He made it to court early against all odds on July 3 from Lagos.



In the middle of the hearing on July 3, Justice Ofili-Ajumogobia stopped the cross-examination going on and without any prompting by any of the counsels, said she was tired and would like the case adjourned and she fixed July 30 for the next date. But beyond this, she revoked Dr. Agunbiade’s bail and ordered that he be remanded in Agodi Prison without adducing any reason for revoking the bail.



The puzzled lawyers could not question her and the man was thrown in jail. “Up till the time the judge decided to revoke my bail, I have not done anything to warrant the decision to cut my bail. I have therefore been tried and remanded in the prison custody by the judge when my plea has not even been taken before her,” Dr Agunbiade cried. He said this was so because the judge threatened to report the prosecution counsel to the Nigerian Bar Association (NBA) and the police authorities for daring to apply before her to take pleas since being a new judge in the case.



Efforts to get Dr Agunbaide bail so far on health grounds had been thwarted for puerile logistics reasons. Faboro told Sunday Tribune that already, even the prosecution had found that the case was that of alleged trademark infringement, which he said was a civil case, and not a criminal case for which his counsel is being detained. “I have gone to seek the case file since the judge told us that she wanted to seek advice whether she should continue with the case or not but we were told that the file had not got to them in Lagos, ” Faboro said. The file too cannot be retrieved in Ibadan, neither could the counsel get certified true copies of nor the record of proceedings nor the ruling in the case. The question now is whether the judge had taken the case file with her to her vacation.



So, while Justice Ofili-Ajumogobia is somewhere enjoying her well-deserved rest of her annual vacation, Agunbiade, a member of the New York Academy of Science that responded to the Federal Government’s call to come home and invest, is wasting away in prison detention.



Mr. Lana did not see Agunbiade’s suffering and that of many others in Agodi prisons as trivial and, accordingly, felt the obvious manipulation of justice to their detriment should be halted. He promised to look more into the matter and also do something about it. He said as much about the other prisoners who are serving terms based on trifling offences.



“Some of the prisoners were tricked into conviction and we have to look into it. Some of them are not supposed to be there, they should have been reprimanded or fined. Our justice system is not okay and something must be done fast,” Lana said.


http://odili.net/news/source/2008/aug/17/609.html

This people should just leave the innocent doctor alone. Bad belle is becoming a big problem in Nigeria.

He has been in Jail for only 1.5 months, yet he's 'rotting in jail'?!

People have been in jail for 5 years without trial over stealing of chicken. I read an article in the Guardian about some teenagers in jail for 4 months because no one had come to bail them out.

Their crime? Wandering.

This made headlines because he's US based. When will we start treating all citizens as equals?

[size=13pt]the reality:

all human beings are equal, but some are more equal than the other[/size]

texazzpete:

He has been in Jail for only 1.5 months, yet he's 'rotting in jail'?!
People have been in jail for 5 years without trial over stealing of chicken. I read an article in the Guardian about some teenagers in jail for 4 months because no one had come to bail them out.
Their crime? Wandering. This made headlines because he's US based. When will we start treating all citizens as equals?

This is not just about the US  based doctor rotting in jail for a crime he did not commit;rather, it's about the Nigerian criminal justice system and its failure to serve its purpose. I read somewhere that 65% of the people in Nigerian prisons were not convicted of any crime! Some are there because their case files are missing, some because they can't afford to get a lawyer! Dr. Agunbiade and a host of others are mere victims of a miscarriage of justice. The Nigerian criminal justice system is a total failure.

The Judicial system in Nigeria stinks

The laws are archaic and un-believable

Violation of human rights is at an un-acceptable level

Mis-carriage of justice is rampant

Access to justice is only available to the wealthy and corrupt citizens

and finally as Candy said,

The Nigerian criminal justice system is a total failure- A TOTAL LET DOWN!!!

I see some problems here:

1. We need state Police. We cant simply get away from it.
This will make it impossible for police from one state to come and arreast you in another state.

2. People must be tried in the state of their orgin or arrest.
Only the AG can issue that such person be transfered to another place for trial

3. Nigerian abroad should be accorded better treatment. For cry-out loud, he is an ex-partriate, foreign investors.
I would rather go a country that value my right than invest in Nigeria even if its my country of birth.

With all this, is Fasola stilling calling on 'naijas' to come home??

landis:

3. Nigerian abroad should be accorded better treatment. For cry-out loud, he is an ex-partriate, foreign investors.I would rather go a country that value my right than invest in Nigeria even if its my country of birth.

Every Nigerian deserves a fair trial, regardless of where he/she is based!

Every human being deserves to be treated fairly.

Imagine how many lives the stupid system has destroyed

Every human being deserves to be treated fairly.

Every Nigerian deserves a fair trial, regardless of where he/she is based!

Good But you need to separate wishes from reality.

Even in US/EU. its same people are not treated same.

It is way of life, least I expect is that someone bringing investment, to make life better should be treated better.

its that simple.

landis:


Good But you need to separate wishes from reality.

Even in US/EU. its same people are not treated same.

It is way of life, least I expect is that someone bringing investment, to make life better should be treated better.

its that simple.

I still say everyone should be treated fairly, regardless of where they live! Nigerian criminal justice system simply sucks!

landis:



1. We need state Police. We can't simply get away from it.
This will make it impossible for police from one state to come and arreast you in another state.

one thing I agree with in your post.

landis:



3. Nigerian abroad should be accorded better treatment.

this is the kind of attitude that will earn you a visit from armed robbers.






@ topic: the judge needs to be reported to the NBA if she's not acting professionally. Even if they wont do anything about it, the complaint should at least be on her record.

And what kind of friend does this man have? Unless there's more to the story oh.

His enemy wouldnt do worse.

1. We need state Police. We can't simply get away from it.
This will make it impossible for police from one state to come and arreast you in another state.

With the tribalism going on here, state police may not be the best because if dem catch a southerner in the north for example, he/she will be toast.

2. People must be tried in the state of their orgin or arrest.
Only the AG can issue that such person be transfered to another place for trial

Don't you know it costs money? The beaureaucracy nko? who will pay to transfer a criminal from delta state that got nabbed in Sokoto state especially when he/she has no one to pay his/her fees?

3. Nigerian abroad should be accorded better treatment. For cry-out loud, he is an ex-partriate, foreign investors.
I would rather go a country that value my right than invest in Nigeria even if its my country of birth.

Nonsense!!! Why? Are they better than Nigerians at home? He is not an expatriate, just a physician living in the US like many other Nigerian physicians living in Nigeria. He only tried to import drugs inorder to make some profit before the business went bad. Come to think of it, what if this man is guilty of the charges?

With all this, is Fasola stilling calling on 'naijas' to come home??

Why shouldn't he?

[size=14pt]Lagos: Police shoot bizman over alleged bribe [/size]
By PHILIP NWOSU
Monday, August 18, 2008

A Lagos businessman has called on the police authorities to check the excesses of men of The Nigeria Police attached to the Area E-command of the force in FESTAC town, Lagos, following alleged attempt on his life by police officers attached to the command.


Identified as Alhaji Zayeed Abiola, the businessman was allegedly shot by some policemen in his business location at the Mile 2 Estate area of Lagos.

Daily Sun gathered that he was rescued by passersby who ferried him to the Lagos State University Teaching Hospital (LASUTH) where he is presently recuperating.

Alhaji Abiola was allegedly shot in the leg by some policemen following his refusal to offer them bribe.

Narrating his ordeal with the policemen, Alhaji Abiola said: “On that fateful day, an Okada man ran to me to complain that some persons were fighting with the driver of my trailer which is parked somewhere around the estate. Then I came down from my bus and quickly followed the Okadaman. On getting there I saw some drivers at the park that I cannot even recognize.”

He said that shortly after he arrived the scene, some policemen in plain clothes arrived the scene and before he could enquire from them what they wanted, they fired a shot which paralyzed his legs.

He said: “While I was trying to identify who the policemen were, some men in plain clothes emerged then they shot in the air. They made a lot of noise; they said, ‘you this baba, you don’t want to give us money. When they are making noise they are threatening us with gun, most of the people had run away.

“Then I moved closer to them, because I know I am not a criminal and asked which money they were talking about. The next thing I heard later was another gunshot, and the bullet hit me on the leg.

“I just fell down, I started crying for help. I shouted for help thinking they were armed robbers. When the disturbance had died down and they hid their car at the back of the park, about four or five of them; they came to see if I was dead and they saw I was groaning in pains, but they did not help, they only said they were coming and left me to die.”

Alhaji Zayeed named one Inspector Idioh as one of the policemen who led the attack on him, adding that the inspectors had been threatening his life for his refusal to give them money.



http://odili.net/news/source/2008/aug/18/502.html

DeepZone:


With the tribalism going on here, state police may not be the best because if them catch a southerner in the north for example, he/she will be toast.

Just like a northern arrested by a southern policeis name na rosted meat.

Candy, I like that painting? on your profile. You must have a flexible mind then.

ono:

Candy, I like that painting? on your profile. You must have a flexible mind then

Thanks for the compliment on my p/picture and, yes, I try to be flexible.