Cognisant of the spate of rape, cattle rustling and kidnapping in Bauchi State, the government has signed three bills into law on the 6th of this March, applying severe punishment under the laws for those engaged in these dastardly acts and also, death penalty in some extent, to instill fear in the minds of offenders in order to reduce these crime wave in its society. Other bills are laws to treat accident victims free and without police report within 24 hours and the bill for the state fisheries. LEADERSHIP’s special correspondent, Sani Muhammad Sani delves into the crime world in Bauchi State and the law.
The north-east has become a hub for rape, kidnapping and cattle rustling. It is not unique nor peculiar in Bauchi State, though applicable to almost all the northern states of the country, the situation has reached a more alarming rate than ever, emanating from the terror of Boko Haram that unleashed great negative effect on the zone.
The number of suspects, criminals and criminalities is always on the increase resulting from the busting of the sects and their camps in various locations by the Nigerian military. Frantic efforts by the Nigerian police force and its sister agencies in protecting the lives and property of all citizenry is being made and the courage and the zeal in making sure that those culprits are tracked and apprehended is being exhibited, cases properly investigated and the suspects brought to court.
Recently, a woman (name withheld) was interviewed over the radio in Bauchi, where she disclosed that, when she started discovering that her husband was engaged in what she suspected to be nefarious activities by coming home late at night and going out during unusual hours, she demanded for a divorce, unknowing to her that this demand she thought would solve her problem and free her from being an accessory would only cost her gravely, much more than what she was bargaining for. The husband afterwards, came home one night brandishing guns and wielding other dangerous locally made weapons and whisked her out of their residence, into the dark dungeon of the bush, to their criminal den, to his friends and made her their whore. According to her, she was daily raped by four men that included him. When security operatives smashed the gang and discovered that they were a gang of kidnappers, the husband somehow escaped the wrath of the law and he is now at large.
Worried by these uncultured acts severally and at different locations and stages, the state government this week, signed three bills into law that sent danger signals and warnings to the barbarians and sighs of relief to the uncorrupted minds of the citizens of Bauchi State.
Reasons for these new laws in Bauchi State, according to the State commissioner of Justice, Barr. Ibrahim Yakubu is not unconnected to the fact that ‘’existing penal code laws don’t seem to be working at all.’’ He stressed that the penal code laws were enacted even before the existence of the North as a region, as a result of which there are many current ways of doing crimes that are bedeviling the society which the penal code then did not anticipate, hence the need to review it to suit ways of addressing the current challenges. These laws as elaborated by Barr. Ibrahim Yakubu, were informed during the meeting of the northern state governors in which they summoned all the attorney generals of the northern states and formed them into committees to review and update the penal code for the general application in all the states. ‘’Since we cannot wait until that has come into force, his Excellency, Governor Muhammad Abdullahi Abubakar Esq. deems it right that something should be done in anticipation of the report submitted by the bodies of the attorney generals for approval. We feel we can go ahead and begin to implement those aspects we know will affect our people the most.’’
Gamut of the laws of kidnapping and abduction. There is a conspiracy to commit the crime, like hidden and abetting the offence, there is harbouring the kidnapper knowingly, negotiating and assisting to obtain payment, receiving ransom, arranging one form of housing, the kidnapping and arranging of false representation of the kidnapped person, there is also provision relating to theft of cattle and issues also relating to rape and natural and indecent offences against the person. There also unnatural offences, actual gross indecencies, unlawful detention with intent to have unlawful sexual intercourse, sexual harassments, transsexual offences, intentional hidden or abetting transition into the opposite sex, transsexual intercourse , attempt to transforce a person into the opposite sex, forfeiture of external property or instruments used for transposition to the opposite sex, compensation etc.
The most interesting part of the laws are the penalties. On the issue of kidnapping and abduction, whoever is found guilty of the offence of kidnapping will be imprisoned for life. If death of any person occurred during committing the offence of kidnapping, the offender shall be punished with death.
Conspiracy And Attempt To Kidnap.
Where a person intends to kidnap, his motive begins to manifest in his intention by some overt act, but does not fulfill his intention to such and has not committed the offence, he shall be guilty of attempt to commit that act and is liable on conviction to life imprisonment.
Whosoever intends to commit kidnapping or and cause extreme fear, or threaten any person by means of a letter, fax, text message, e- mail, telephone call or any other method of communication, is guilty of an offence and liable on conviction to imprisonment for 20 years.
Whoever instigates a person to kidnap a person intentionally, aids, abets, or facilitates by any act or mission of committing the offence of kidnapping, is guilty of an offence and is liable on conviction to imprisonment of 20 years, where the offender in section (1) of this section, to a corporate body is liable to a fine of not less than five million naira.
Harbouring A Kidnapped Person.
Negotiating to obtain payments, or receiving the ransom, whoever knowingly negotiates or pays any ransom for the release of any person who has been kidnapped, is guilty of an offence and is liable on conviction to a prison term of 20 years. Whosoever assists, has possession of the kidnapper, disposes of any money or property which, as at any time, knowing that such was delivered as ransom, is liable on conviction to an imprisonment of 20 years.
Cattle Rustling
Whoever forcefully or otherwise takes over or unlawfully canvases buying any cattle from the rustlers, is said to have commited cattle theft, the offender under section (1) of this section is liable on conviction to a punishment of imprisonment for life. Whosoever, in order to commit theft of cattle, demands money or put any person in fear or death or obtains any injury by any person, the offender will be punished with a jail term which may be extended to 35 years or fine or with both.
Indecent Offences Against A Person.
The person is said to commit rape when sexual intercourse exists with any of the underlisted circumstances, against his or her will or consent, obtained by putting in fear of death in penetration, is not only limited according to explanation by a penal shot, push or penetration by any object including the use of fingers, whoever commit the offence will punishment by imprisonment for life. When there is the issue of rape, collaboration is immaterial.
Unnatural Offences.
Whoever has sexual intercourse against the order of nature, whether man or woman shall be punished with imprisonment of not less than 14 years, will also be liable to a fine of not less than N200, 000. On the issue of fish laws, the commissioner stated that fish is among the important ingredient for humans in their meals in order to preserve the health of man, Bauchi State has found it necessary, considering that the supply of protein is inadequate in the country. In general, fisheries is a vital way of providing protein to the populace hence the need for the government to provide a viral industry in the state, so there must be a law to guide fisheries as it is a commodity than easily gets rotten from the way it was caught, preserved and utilised. That, according to him, is why the government decided to preserve that sector, so that the citizens of Bauchi and Nigeria in general, can be served with what they deserve, what is healthy, stressing that the law is timely and is at a time when Bauchi decides to expands fingerlings production of not less than 50, 000.
The overview of the law on fisheries has to do with licensing, application for renewal, identity of the company which includes trade mark so that on the event of default, it can be easily traced. There is also fish or fish product contamination, there is the licensing fees and categories of licensing, declaration and inspection of catch and so on.
Many welcome the new laws but express uncertainty about the courts where the suspects and culprits will be taken to, many observers lamented that even the police are not happy with the way and manner most judiciaries dispense cases.
May defaulters be unearthed and punished accordingly without bias, fear or fervour from the police who will treat the cases, to judges who will dispense it.