APO Six Should Not Die In Vain

I was sharing Caviar and Champagne with a good friend of mine last weekend over which, I told him that I intend to write about the judicial case of the Apo Six. As I was putting the pen to paper, my good friend emailed the article below that quite vividly captured what I intended to write about.

Hence instead of repeating a brilliant piece of journalism, readers are invited to peruse the article below titled “Where is DCP Danjuma” culled verbatim from the on-line version of the Nigerian based daily, the Daily Independent newspaper of Monday September 10, 2007, written under the caption ‘Candour’s Niche’ and reach their informed decision on how justice is dispensed in Nigeria.

The Attorney General of the Federation, Inspector General of Police and officials of Nigerian Bar Association (NBA), this is a clarion call for all of you to please wake up and see to it that justice is done where it has to, but most especially in this case. Barrister Olisa Agbakoba SAN as NBA President, please pick up the gauntlet. The APO Six Should Not Die In Vain. Please read on: -

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Where is DCP Danjuma

About two years ago, precisely on June 8, 2005, Nigerians woke up to the reality of an ugly spectacle. Some policemen in the Federal Capital Territory conspired to gruesomely murder six young Nigerians (five boys, all motor spare parts traders at the Apo Mechanic Village and a lady) without any reason whatsoever.

Having worked so hard in the day to earn a decent living, the victims, ostensibly, had taken some time off that night clubbing. On their way back, they ran into a road block mounted by the police, who are supposed to be their friends, but who as always turned out to be their worst enemies. That was the beginning of the sad story that transfixed the nation and appalled all decent minds the world over.

The six young people were summarily executed. That won’t be the first time policemen would, wantonly, waste innocent lives in this country. In fact, it was not the first time that they would kill such number of innocent people in one fell swoop. But there was something about the killing of these young people that came to be known as "Apo Six" that rankled badly. The deliberateness of the action was confounding. The killings were slow, careful and methodical. It was about the worst episode of needless and criminal bloodletting in the country. So bestial was the act that a country with a soul long deadened by all manner of atrocities, was for once scandalized. Nigerians that are never shocked by any crime no matter how atrocious, hideous and awful were roused from their lethargic slumber because of the bestiality of the police officers. So callous were the wild animals in police uniform that they reportedly drove a six-inch nail through the nose of the only female victim, Augustina Arebum before finally twisting her neck and strangulating her.

And after all these, they did what they know how best to do — labeling the dead armed robbers. It took the tenacity of the Igbo community in Abuja to arouse the conscience of fellow citizens to this heinous crime and the nation was wheedled into action. So evil was the crime that the Police High Command indicted its officers after probing the case and finding them culpable. The indictment was unprecedented. So remorseful were the police that they had to foot the burial expenses of the six victims. The Federal Government also set up a Judicial Commission of Inquiry headed by Justice Olasunbo Goodluck, which duly completed its work and could not help but agree with the police panel that the accused were guilty as charged. But being a commission of inquiry, it had no powers to sanction, but the report was so damning that the accused were charged to court.

A year and two months after this welter of incontrovertible evidence was gathered, two of the accused, Deputy Commissioner of Police Ibrahim Danjuma and Police Constable Emmanuel Acheneje were granted bail by Justice Isaq Bello of Abuja High Court. That was on Wednesday, August 2, 2006. The two were admitted to bail on medical ground. While Danjuma was said to be suffering from diabetes, ulcer and heart problem, Acheneje was said to have contracted the Human Immunodeficiency Virus (HIV) and in the Justice’s opinion, granting Bello bail would enable him seek adequate medical treatment while that of Acheneje was predicated on the excuse that he could afflict other inmates with other ailments, which come with HIV/AIDS. And you would have thought that if for any reason whatsoever, such a man standing trial for so dreadful a crime was to be granted bail, the conditions would be so stringent, particularly bearing in mind that Danjuma had made several attempts in the past to escape from detention and also the fact that one of the principal suspects, Othman Abdulsalam, the DPO of Garki Police Station at the time the crime was committed escaped from the police detention facility and is still on the run.

No! The bail was only the axiomatic slap on the wrist. Apart from his N2 million bail condition, Danjuma was only expected to produce two sureties in like sum, one of them being a former Inspector General of Police and a director in the civil service in the case of Acheneje. What did Danjuma do to achieve this stunning feat? He pulled the collapsing stunt twice in court.

The trial judge knew what the reaction of Nigerians to the ruling would be hence his acknowledgement of the fact that the provisions of Section 341 and 342 of the Criminal Procedure Code (CPC) do not allow bail for any accused person who is being tried for capital offence punishable with death. Yet he took a judicial shelter under a Supreme Court canopy. Hear him: "The law is an agent of civilization. It is not primitive. It is on account of its civilized posture that the Supreme Court takes seriously issue of ill health as constituting a special and exceptional circumstance for the grant of bail to a person being tried for capital offence punishable with death." And the subtle blackmail; "I will not allow sentiment to serve as a control tower in this judicial exercise or anyone at that."

I am most certain that when the Supreme Court was making the judicial pronouncement under which the court hid to grant Danjuma bail, the Justices couldn’t have imagined some people who call themselves human beings could commit the crime the accused police officers committed. If ours is a country where the wheel of justice rolls without any encumbrance, Danjuma and his co-travellers on the devil’s boulevard would have had their comeuppance long before their bail.

The court said the only right that cannot be derogated is the right of an individual to life. Of course, that is given. But when that right is being sought by soulless men like Danjuma who would have no qualms whimsically denying others of the same right in a most callous manner and for no just cause, it raises a moral and ethical dilemma. Granted, the law is an agent of civilization and is not primitive. But does that apply too to those who rather behave like men in the state of nature. Even wild animals have some qualms when dealing with their own. Yet, here are people who call themselves human beings committing crimes against humanity that would even make wild beasts shudder.

When Danjuma was granted bail last year, I predicted it was the beginning of his long road to freedom. Not a few Nigerians believed that in spite of the hue and cry, which attended the crime when it was committed, nothing would come out of it. Yet, here is a country where people who committed less grievous offences that don’t attract capital punishment are routinely refused bail.

I asked what was special about Danjuma, a man who superintended the murdering in cold blood of innocent citizens being diabetic. I asked what would happen if he used the opportunity of the bail to escape like his partner in crime, Othman, did. I asked if the bail meant that the weak and underprivileged could never get justice in this country. I asked if the six young men sent to their early graves were to be sons and daughters of the powers that be in this country, whether Danjuma would have dared to ask for bail. I concluded that no society, which building blocks were laid on a foundation of injustice and inequity could ever achieve greatness because it will ever remain primitive. I also said that any people that have no value for human life, that would always whimsically destroy the ultimate gift of God, will unfailingly attract the wrath of the Supreme Being.

One year after, I ask once again, where is DCP Danjuma? Is he now a free man? If the answer to this question is yes, then what can one say, other than, Nigeria , we hail thee! 

Chidi Anyaeche
London