THE reported incarceration of a Nigerian in Ivory Coast to a 20-year jail-term for an offence she did not allegedly commit should propel the Federal Government to deploy its full diplomatic and political weight to ensure her release from the unjust imprisonment. No Nigerian citizen should be allowed to suffer the indignity of paying the price for an offence they never committed in a foreign land. Commendably, the intervention of the Abike Dabiri-Erewa-led Nigerians in Diaspora Commission has raised some hope of light at the end of the tunnel for the young lady. Nations are benchmarked by how effectively they rally round their citizens facing such unpleasant ordeals.
Itunu Babalola, 23, based in the Ivorian city of Bondoukou, was reported to have been hastily sentenced to 20 years’ imprisonment since 2019 by a court in the West African country. A Nigerian journalist, David Hundeyin, brought her ordeal to the attention of the world in a series of tweets on his verified Twitter handle recently. According to him, a theft case Babalola reported to the police was twisted against her by the authorities as a case of human-trafficking because she refused the terms of settlement proposed by them. Consequently, she was convicted and jailed 20 years, but later reduced to 10 years for which she has spent two years.
She reportedly went to the police in Bondoukou to report the theft of items worth N300,000 from her flat. On her return from a trip to Nigeria, she was informed that a suspect had admitted to the crime. Hundeyin tweeted, “The thief turned out to be a 14-year-old boy who lived nearby. His embarrassed dad apologised and admitted that his son was a habitual thief. The items had already been sold.” Every hope that this would be a straightforward case turned forlorn thereafter.
To settle the matter, the divisional police officer handling it reportedly invited Babalola and made an offer equivalent to N100,000, far below the value of the items stolen from her flat, noting that the alleged thief was his nephew. Babalola’s refusal to acquiesce to the terms of settlement apparently infuriated the police officer, who pulled out every known trick at his disposal to frustrate her search for justice, leaving her with no option than to proceed to the capital city of Abidjan to report to higher authorities. This is a constitutional right available for every law-abiding citizen and resident of every democratic country. Hundeyin tweeted, “For whatever reason, despite the clear bad faith displayed by the Ivorian police, Itunu says she rejected the offer and chose to go to court instead. She says she then overheard an officer saying ‘Elle est une Nigériane? Elle mourra ici!’ (She’s a Nigerian? She will die here).
Her hope for fairness at the famed temple of justice was unfortunately dashed when the judge hammered her with an undeserved 20-year jail term, contrary to equity, natural justice and good conscience. The Federal Government through the Minister of Foreign Affairs, Geoffrey Onyeama, is under obligation to ensure that Nigerians are treated with respect overseas.
Babalola’s ill-treatment and the miscarriage of justice negate the provisions of the African Charter on Human and Peoples’ Rights, which Nigeria and Ivory Coast are signatories to. In Article 2, the Charter expressly states, “Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status.” There is no evidence that Babalola was treated by the police and judicial authorities in compliance with the above.
Besides, Article 7 of the Charter states, among other things, “Every individual shall have the right to have his cause heard. This comprises: The right to an appeal to competent national organs against acts of violating his fundamental rights as recognised and guaranteed by conventions, laws, regulations and customs in force; the right to be presumed innocent until proved guilty by a competent court or tribunal; the right to defence, including the right to be defended by counsel of his choice; and the right to be tried within a reasonable time by an impartial court or tribunal.”
It is disheartening that the officials of the Nigerian Mission in Abidjan when contacted to provide consular assistance on the matter, allegedly “asked for N400,000 to get her a passport before anything can be done.” This is most unfortunate and unacceptable. It falls short of the standards expected of the consular officials.
Experts say the consular services provided citizens by their country’s embassy include the provision of replacement travel documents; advice and support in the case of an accident, serious illness, or death; advice and support to victims of serious crime overseas, and arranging for next-of-kin to be informed, and visitation contact with incarcerated nationals.
Regrettably, Babalola’s fundamental rights to fair hearing and legal representation were denied her all through the period of the jaded prosecution. It is however gratifying that the more proactive NIDCOM rose to the occasion and has been able to confirm that the lady was charged and incarcerated for a crime she did not commit. It said, “Plans are underway to engage the services of a legal luminary to prove the innocence of Itunu (Babalola) at the Court of Appeal after the accused had spent two years out of a 10-year jail term for an offence she did not commit.” This is cheering news and should be followed up diligently without delay.
Ultimately, the foreign affairs ministry should be alive to its task of always protecting Nigerians from such unsavoury ordeals in foreign lands.
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