Friday, November 2, 2012

Suspect disappears from police custody, later discovered to have been killed by police


The late Syracuse
*He was murdered extra-judicially-human right group
 *No! He was shot while trying to escape-Police
It was nothing short of a horror film, when a father visited his only son in a police station, who was being held for kidnapping and discovered that he had allegedly been tortured by electric pressing iron. There were lacerations all over his body.
The old man had not yet gotten over the shock of the horrifying lacerations on his son’s body, when he heard that the young man had simply disappeared from police custody.
After weeks traipsing down to the police station, to ask that his son be presented to him, he decided to approach Network on Police Reform (NOPRIN), a nongovernmental organization.
Since then, the old man’s had had to go through hell emotionally and psychologically, as he soon learnt that his son had been killed.
The old man, Chief Fidelis Ejimonye did not only lost his only son, but his broken hearted wife, also died while waiting fruitlessly for their son to appear again.

How he was arrested
NOPRIN, a nongovernmental organisation in Nigeria, took up the gauntlet on behalf of Ejimonye’s family, after the family alleged that their son went missing while in police custody in Imo State.
 The Organisation’s spokesman, Okechukwu Nwanguma explained that NOPRIN received a complaint from Chief Fidelis Ejimonye, father to one Syracuse', who allegedly disappeared while in police net.
Ejimonye claimed that his son, Syracus Ejimonye was arrested in his presence on the April 6, 2008 at Etekwuru Egbema, their hometown, by a team of policemen who came from Imo State CID, Owerri.
Following his son's arrest, he went to Imo State CID, Owerri on April 10th and upon inquiring at the SCID, was told by the police that his son’s name was not in their record.
Four days later, his daughter Caroline Igwe travelled to Owerri to further inquire about her brother at the SCID Owerri, whereupon she discovered that her brother, Syracus was in the custody of the CIB, Owerri.
The Investigating Police Officer (IPO) is one Onyekachi, whose surname and rank were not readily known.
On further enquiry, Caroline was told that her brother was arrested following a report lodged at the police by one Mr. Amadioha, their town’s man.

The crime he allegedly committed
Amadioha was said to have accused Syracus of having conspired with other undisclosed persons and attempted to kidnap his mother. However, the other undisclosed persons were not in the custody of the CIB.
Chief Ejimonye told NOPRIN that sometimes in May 2008, he went back to the State CID and was eventually allowed to see his son, but he could hardly recognized him as he had been defaced with a hot electric iron in the course of interrogation.
“Subsequently, his second daughter- Angelina Chijioke, who resides in Owerri, was going to the CIB to make feeding provision for Syracus. The Police at CIB Owerri neither admitted his son on bail nor charged him to court up to November 10, 2010 when the old man last visited the Police Station but could not see him again.
“On that day (November 10, 2010), on inquiry, a female police officer told him that his son went out to purchase something, and he waited all through that day until later, the IPO advised him to go with his people and plead with the complainant- Mr. Amadioha.
Nwanguma recalled: “He went home and pleaded with Mr. Amadioha who responded that ‘he didn’t remove him (Syracuse) from the SCID to be executed.’ Till that date, neither he nor any members of his family had set eyes on Syracus again. He had altogether six children, among whom Syracus is the only male child.
“The rest five who are female are all married, leaving him all alone as his wife eventually died on January 10, 2011 with the agony of the disappearance of their only son.
“He addressed a petition to the Commissioner of Police, Imo State Command dated 0/5/2011, and narrated the heartrending episode of the arrest, torture and disappearance of his son, and demanded that the police should let him know the whereabouts of his son or produced him in court.
“He further demanded that the police should let him know which prison his son was serving terms- if he had been formally charged, convicted and imprisoned for any recognizable offense; or – if they have killed him, they should release his dead body to him for a decent burial, and that he would be very grateful if his humble request would be granted.  
“He never received any reply from the CP Imo or knew of any action taken by the CP in order to unravel the apparent mystery of his son’s disappearance.”

NOPRIN’s quest for justice and kick against police torture of victims
Nwanguman said that NOPRIN expressed concern at the rampant and frequent incidences of disappearance of criminal suspects and other detainees in the custody of the Headquarters of Imo State Police Command.
Nwanguma said: “NOPRIN noted that during its Public Tribunal in Owerri in 2010, there were several cases of alleged kidnappers and other criminal suspects who were shot on their legs. The police often shoot such suspects on the leg in the course of arrest or as an interrogation technique to extract confession or to punish them. In most cases, such suspects eventually disappear from police custody without any trace.
“NOPRIN expressed belief that in a democracy, and under the rule of law, the Police cannot be the accuser, investigator, judge and executioner. All that the law permits the police to do is to charge a suspect to court if they have credible evidence to prosecute and secure conviction, not to summarily execute them.”
According to the spokesman NOPRIN wrote and called on the National Human Right Commission to promptly investigate this very horrifying story of the disappearance of a young man over a mere accusation of attempt, with other undisclosed persons, to kidnap.
‘Policemen involve in the abuse of power, should be prosecuted’
NOPRIN noted that unless the policemen involved in this egregious abuse were investigated and brought to book, they would remain a danger to the society.
“The family of Chief Ejimonye is entitled to know what happened to their son who was arrested in their presence and to have his body released to them for decent burial if the police have, as the family seriously suspected, killed him extra judicially. The family is also entitled to redress and justice,” said Nwanguma.
After receiving NOPRIN’s letter, National Human Rights Commissions (NHRC’s) wrote the Inspector General of Police, Mr. Mohammed Abubakar and same replied.
By a letter dated May 8, 2012, the Executive Secretary of the

Police explanation of how Syracuse was killed
NHRC drew the attention of the IGP to the foregoing allegations to which the IGP responded via a letter dated July 4, 2012.
In his reply signed by DCP Murtala U. Mani, Principal staff Officer 11 to Inspector-General of Police (IGP), the IGP commented as follows: That on the February 22, 2009, a case of conspiracy, kidnapping and armed robbery was reported by one Frank Allwell Brown of Etekuru Egbema in Ohaji/Egbema LGA of Imo State  against unknown kidnappers who kidnapped his mother, one Josephine Brown on February 22, 2009 at about 8:30;That after kidnapping the victim, the hoodlums demanded the sum of Fifty Million Naira (N50,000,000.00) as ransom for her release; That on March 12, 2012 as soon as the ransom money was dropped at New GRA Road Junction in Igwurita, one David Obi and Bartholomew Ekuma, both of No. 30 Emeka Road Rumuapu Mkpokwu Road, Port Harcourt, alighted from a Jetta car to pick the money in the process of which they were arrested by Police operatives; That while investigation was going on, the remaining gang members who were not arrested by Police started threatening the son of the victim that if the Police did not release their colleagues, they will kill the victim; That based on the threat, the victim’s son, Chris Allwell Brown, without the knowledge of the Police paid the sum of Fifteen Million (N15,000,000.00) naira    to the kidnappers and the victim was released on March 17, 2009 at about 7:30hrs; That Syracuse Ejimonye of Etekuru Egbema in Ohaji Egbema LGA was arrested following a tip-off and he attested to the fact that though he did not take part in the kidnapping of Madam Josephine Brown  but received the sum of Two hundred  thousand Naira (N200,000.00) for giving the gang information about Chris Allwell  son of the victim, which led to the success of the kidnap operation; That on November 10, 2009,  Syracuse Ejimonye, led a team of operatives to the criminal hideout of the gang where he (Cyracus) attempted to escape but was hit by bullets which latter led to his death at the Federal Medical Centre Owerri while receiving treatment; That on March 22, 2009, David Obi took ill in custody and was rushed to Federal Medical Centre Owerri for treatment where he later died, while Bartholomew Ekuma was arraigned in court for conspiracy, kidnapping and armed robbery with others at large. Investigation is still ongoing with a view to arresting the other fleeing kidnappers.”
‘Police story is unbelievable! Too many discrepancies’
NOPRIN’s immediate reaction to the police story was utter amazement and stunned unbelief!
“We seriously doubt if the contents of the letter signed on the IGP's behalf were brought to his attention. We doubt if he will, himself, be convinced by the story line,” argued Nwanguma. We noted that the same November 10, 2011 when the police claimed to have taken Syracus to the kidnappers' hideout, was the same day that his father came to the CIB asking to see him, but a female police officer told him that he (Syracus) went out to buy something, before the IPO later asked him to go home and plead with the complainant. Recall that Mr. Ejimonye quoted the complainant as saying that he did not pay the police to take Syracus out and execute him.
“If there was no prior motive to summarily execute Syracus, why did the police fail to tell his father on that day that they took him to show them the hideout?
It is interesting to hear, for the first time, that the police successfully arrested a member of a kidnapping gang who appeared to pick up ransom from family members of a hostage. It sounds strange, if incredible; that the kidnappers’ concern and interest- after one of their members had been arrested by the police- was still to collect the ransom rather than the release of their arrested member. The kidnappers’ demand will logically be the release of their arrested member with a threat to kill the hostage if their member is not released. 
“Even if the ransom was eventually paid as the police claimed, the kidnappers would still not be comfortable releasing their hostage, while their member was still in police custody. We have heard of many instances where kidnappers collected ransom and still killed the hostage, how much more in a situation where the hostage’s family ‘had the effrontery’ to report the kidnappers to the police, leading to the arrest of one of them who came to pick up their ransom.
The story by the police that the suspect was leading them to the kidnappers’ hideout and was killed as he attempted to escape, is a familiar story line repeatedly enacted by the police each time they want to explain away or cover up a clear case of premeditated and unlawful killing of suspects. But assuming that this particular version of the same old story is true this time around, it is still fraught with wide gaps. The following questions beg for answer: was the suspect not in handcuff and/or leg chain; How many police officers accompanied him? Could the police not have shot to demobilize him rather than to kill him? What happened to the corpse, and why did the police not inform Cyracus’ father- in whose presence he was arrested- that his son had been shot in an escape bid? Where is the medical report and who authorised the burial of his corpse- if he has been buried?”
‘Mix up of names of complainant showed lies in police story’
Nwanguma insisted that what further exposed the dubiousness of the police story was the mix up of names in the story.
For instance, Police claimed that ‘Chris Allwell Brown, without the knowledge of the Police, paid the sum of Fifteen Million (N15, 000,000.00) naira    to the kidnappers and the victim was released on March 17, 2009 at about 1930hrs…’ “But the truth is that Allwell and Chris are two different individuals. Allwell is the elder brother to Chris and obviously, the police in their report did not realize that they were referring to two persons as one. This is an indication that there was no investigation, and this was a quickly made up story just to provide answers to the IGP who obviously had referred the petition to the CP Imo for his comment!
Victim’s father story of how son was arrested by police
“NOPRIN has drawn the attention of the Ejimonye family to the IGP’s comments and the father of the victim comments as follows: While in church together with every member of my family (Cyracus inclusive), rumor filtered into my ears that our neighbour, Chris Brown a private contractor is planning to arrest my son over the abduction of his mother Mrs. Josephine.  I advised my son to leave the village in the meantime, while I find out why Chris Brown nurses such plans. He swore to me and said “father I did not do such act.’’ “I believed him when he further refused to travel to Bayelsa State where he lives, insisting that he wishes to clear his name. He voluntarily waited for the Police to come, hoping that he was going to be given a fair hearing”.
Nwanguma continued reading out the statement of the victim’s father: “Please note that Cyracus was arrested in my house on April 6, 2009 and police practically emptied his house by removing all the electronics in his room same day. They have not returned any of those items they seized from his house.”

Lawyer derides IGP comments, pick holes in story
Chief Ejimonye's further observations on the IGP’s comments (through Counsel), “We were not told how much ransom was paid by who and how? Where is the exhibit money? If this information is true, then such money ought to have been registered as exhibit and released with a bond. The threat in paragraph (IV) was for the release of their gang members at the time and not the ransom. It is laughable to say that Kidnappers whose hide-out had not been found could release their victim unharmed after their experience of paragraph (iii) and when their demands were not met. Simple logic tells even the daft that such Kidnappers at this stage can no longer trust anyone based on their experience in paragraph (iii). Also note that Allwell is an elder brother to Chris and as such the police in this report do not know that they are describing two persons as one. So we were not told who among the two paid the money and this time to who and where? The kidnapped victim is well above 70 years, so where was she abandoned and how did she get home upon her release? Police did not link Cyracus’ involvement to any confessional statement made by any of the two persons purportedly arrested at the scene but through an informant whose source of information they did not tell us. Paragraph (VI) clearly stated that Cyracus did not take part in the Kidnap but gave the gang information about Chris Allwell (remember these are two different men) who were not kidnapped. Please note that the parents of Cyracus and Chris Brown live in the same plot of land but for a local road called Ogba Ogologo that separates them. i.e.  Both families face each other. How does an information given to who about Chris or Brown who are not security men to the old woman lead to the Kidnap of the victim? How come the two persons arrested at the scene did not take the police to their hide-out? How possible was it for Cyracus whose offence, according to the police in their report, was giving information, know the Kidnappers hide-out more than the two suspects already in police custody? How many policemen went with him? How could he have attempted to escape in the midst of all the armed police-men and in handcuffs and leg chain?
“The Doctor who examined and confirmed him dead no doubt must have written a report. The report will show how many times and at what range he was shot. We were not told whose bullet:  was it that of the remaining gang members, or was there an exchange of gun-fire? Who else was hit by the stray bullet? Why weren’t Cyracus’ parents contacted or informed of his death all this while?
From Police investigation, the ransom was paid on March 12, 2012 (what a date?) and Cyracus was arrested on April 6, 2009. Police did not show any proof of any part of the N200,000 share recovered from Cyracus either in cash or as deposit in a bank account or anything he bought within the time to establish their claim. The police have told us about the existence of N15 million and Syracuse’s share of N200, 000. How was the balance of N14, 800, 000, 00 shared? Since Cyracus was picked from his father’s house, why did the police not have the decency to inform his parents that he had been shot dead so they could recover his dead body? And if Syracuse’s remains have been buried, who authorized the burial?”
Chief Ejimonye’s counsel continued: “ Force Order 237 among other things, allows a police officer to use his gun on a suspect if the offence committed by a suspect is such that could lead to life imprisonment, death or more than 14yrs who intends to escape justice. This rule says they should shoot to maim and not shoot to kill.
“There are three issues that concern us in this matter. First is to invoke the diseases person’s fundamental rights. Second is to bring to book the sponsors, the killers, and every person who have a hand, aided, abated, and concealed any part of this information. Cyracus’ was deprived of his right to an Attorney of his choice, see Sect 36 (C) of the 1999Constitution!”

No comments: