How to effectively prevent  miscarriages of justice

HEZEKIAH OLUJOBI 

Hezekiah Olujobi is of the Centre for Justice Mercy & Reconciliation (www.cjmr.com.ng), a non-governmental organisation dedicated to secure justice for those deprived in Nigeria Correctional Service, and he can be reached on +234 (0) 803 048 8093, and email: hezekiaholujobi@gmail.com 

Every day, in every corner of the world, families endure the agony of seeing their loved ones wrongfully detained or convicted of crimes they did not commit. Their cries for justice go unheard, as the issue remains largely unaddressed.

The sight of innocent individuals being unjustly imprisoned is truly heart-wrenching, especially considering the profound impact it has on their families, particularly their children who are left without a parent or the mothers who are widows without helpers or the poor parents who have no money to get justice. It is imperative to raise awareness about this grave issue and advocate for reforms in the justice system to prevent such injustices. However, the question remains:

How can we effectively prevent these miscarriages of justice? The key lies in actively listening to the stories of those awaiting trial, conducting thorough investigations, and shedding light on the potential areas where injustice may occur.

Recently, I read about Robert Roberson, who has spent over 20 years on death row in Texas for a crime that never occurred since November 2001. Injustice is a global endemic.

The Centre for Justice Mercy and Reconciliation stands as a beacon in the fight against injustice before convictions are made. Unfortunately, many instances of injustice stem from misconduct within the ranks of the Nigerian Police Force, where officers often act with impunity due to lack of oversight. This unchecked behaviour allows them to manipulate evidence, coerce false confessions, and wrongfully convict innocent individuals.

Regrettably, not enough judges are aware of the nefarious schemes carried out by certain police officers who exploit victims of crimes for personal gain. These officers extort money from victims under the guise of apprehending the true perpetrators, only to wrongfully arrest innocent individuals and coerce them into confessing to crimes they did not commit.

It is crucial to shine a light on these injustices, hold accountable those responsible, and advocate for systemic changes to prevent further wrongful convictions. Only through collective action and unwavering dedication to justice can we hope to eradicate this global epidemic of wrongful conviction.

It is disheartening to observe the lack of concern from lawyers in visiting individual victims to understand the circumstances that led to their wrongful arrest. While it may be challenging for pro bono lawyers to cover the costs of investigations, it is essential to ensure that every individual receives proper legal representation and a fair trial.

A compelling case study involves two brothers in a Nigerian prison, where a victim of a crime reported a robbery that resulted in the death of his wife and the theft of his car. During our investigation, the victim revealed that the police had extorted a large sum of money from him under the pretence of helping him track down the robbers and recover his vehicle. Instead, the police wrongfully arrested one of his suspects who had jumped bail and his brother, who had stood surety for him. The elder brother, who had stood surety, was identified by the victim during the trial. Upon obtaining the court records and the Certified True Copy of the bail bond, we were able to establish before the court that the first accused was a suspect in a previous case involving the same police officer, a crucial detail that had not been disclosed. This revelation, along with the elder brother’s role as a surety, significantly impacted the case.

This case has now progressed to the court’s final  written address, and we are optimistic that justice will prevail for these boys after enduring seven years of wrongful imprisonment. The question remains: Should the police officer responsible for setting up these innocent individuals go unpunished for his actions?

A similar troubling pattern is observed in Oyo State, where a victim paid a substantial sum to the police to track his stolen phone, leading to the wrongful arrest of two individuals who claimed they did not know each other. The police coerced one of the suspects into falsely identifying the victim as the perpetrator under threat of harm. This manipulation resulted in the innocent individual making a false confession. Without proper investigation and legal diligence, wrongful convictions will persist, highlighting the critical role of lawyers in preventing such miscarriages of justice. 

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