The Respondent stated in its defence that at that point in time, kidnapping became a
menace to the people of Imo State in Nigeria and lives of indigenes and visitors were
threatened as a result of which investors started leaving the state in troops for fear of
their life. That Ohaji Egbema where the Applicants hail from became the center stage
for kidnapping activities. That an anti-kidnapping law was passed in 2009 to curb
this crime.
As a matter of fact, the issue of kidnapping has a devastating effect on any state so
confronted in terms of its economy and safety of inhabitants and thus calls for such
drastic measures to put an end to it. However, such measures have to be within the
confines of law, having due regard to what is fair and just in the circumstance and
avoiding acts that tend to violate the rights of others.
It appears that the anti-kidnapping law of the Defendant, if it exists, prescribes
punishment without recourse to trial by an independent tribunal.
The international best practices is that where a law creates an offence, it envisages
that any person accused of having committed such offence must be tried by a Court
or any other independent tribunal where impartiality must be guaranteed and all
other forms of due processes guaranteed. It’s against all known human right norms
for punishment to be automatically imposed on a suspect without the necessity of a
trial. Such a law is approbices, punitive, obnoxious and indeed and exhibition of the
highest point of impunity. If this kind of practice is allowed under any guise then all
of us are endangered species.
Human rights are inter-connected so much as one relates to the other. In the instant
case, there is no proof before the Court of any charges against the Plaintiffs perhaps
for harboring kidnap victims or any charge whatsoever, neither is there any proof
that the Plaintiffs were heard on the merits and the outcome of that hearing was a
decision to demolish their property. There is yet nothing on the records to show that
the Defendant actually investigated the alleged acts in a bid to ascertain the actual
suspect(s), and the actual owner of the property prior to its decision to demolish. No
proof of service of any demolition order, or proof that the Plaintiffs unequivocally
waived their right to be heard. This is indeed sad.
In CHIEF EBRIMAH MANNEH V. REP OF GAMBIA CCJELR 2004-2009 Pgs
191-192, the Court re-emphasized a Plaintiffs right to be heard which comprises the
right to be presumed innocent among others. The Court held that the Plaintiffs right
to be heard had been violated by the Defendant for its failure to put the Plaintiff
before a competent court or tribunal for purposes of establishing its guilt or
innocence.
14