Exclusive : Why We Shouldn't Demand Death Penalty in Fighting The Scourge of Rape - Dr. Friday Sani, IHRC Head in Nigeria speaks

 

Feminist scholars and activists have been arguing for years that sentencing rapists to death is not the answer.

Hardly, in Nigeria  a day goes by without seeing a reported or alleged case of rape either on the news be it traditional news media or social media.

These cases have become so frequent that it leaves a horror in the minds of many the type of society we live in.

Nigeria President Muhammadu Buhari on Friday expressed his displeasure on the recent rape and violence against women in the country

“I am particularly upset at recent incidents of rape, especially of very young girls,” Buhari said in his televised message on Democracy Day

Buhari’s comment was against the backdrop of rape and murder of a University of Benin nursing student Uwaila Vera Omozuwa and another 18-year-old lady, Barakat Bello, in her home in Ibadan.

Rajya Sabha MP India wants rapists to be lynched in public, and the head of the Delhi Commission for Women has gone on an indefinite hunger strike until the accused in the Telangana vet’s rape and murder are sentenced to death.

It appears as though the call for the death penalty is more an outcome of outrage than of serious thought on what can change the prevailing situation. Governments that want to look like they are ‘tough on crime’ are quick to respond to these calls.

Dr. Friday Sani is the Country Head, International Human Rights Commission (IHRC) Nigeria, and Coordinator, IHRC volunteers in West African countries.

In an interview with WAZOBIA FM in Abuja, during joint media chat, the rights advocate lay bare the nitty-gritty and finesse on how to fight the scourge of rape rather than death penalty. 

Excerpts:

Ambassador Dr. Friday Sani is my name .

AND SIR, YOU WORK FOR... (what organization?)

Dr. Friday Sani: I am the country Head for International Human Rights Commission (IHRC) Nigeria . And I am the coordinator, IHRC volunteers for West African Countries.   

INTERVIEWER : SIR, A LOT OF PEOPLE CUT ACROSS THE DIFFERENT NATIONALITIES FROM DIFFERENT COUNTRIES HAVE COME OUT TO SAY NUMBER ONE WAY TO ENDING RAPE AND INCESSANT CASE OF GENDER-BASED VIOLENCE IN OUR WORLD (not just in our country) WOULD BE TO INTRODUCE DEATH PENALTY. SO THAT IT WILL SERVE AS A DETERRENT TO ANYBODY THAT IS THINKING OF PERPETRATING THIS ACT. NOW , SIR WHAT IS IHRC STAND ON RECOMMENDING DEATH PENALTY FOR THE PEOPLE THAT COMMIT RAPE AND OTHER FORM OF SEXUAL BASED VIOLENCE?

Dr. Friday Sani : Well , a very good morning to Nigerian. I think it is heart- provocating for a father or mother to hear that the child has being raped. Or the other way round that the son has being raped. 

It is heart – provocating. It is unimaginable for a father to rape a minor. It is satanic for a man to contemplate raping a child. All these adjectives , I havr used now, none of them is qualified for that act. But I don’t think  many of us are aware of different conventions that has produced a chatter – what I mean by chatter is a global law to govern human rights violation in the world. And, because so many of us are not aware of this (convention and chatter) which goes beyond the municipal law to protect the rights of human being, we tend to have our opinion based on a particular anger or provocation. 

As much as rape is an unimaginable act, so demonic and satanic. It is instructive to note that the world has moved beyond what we called death sentence.

 You begin to ask some questions from wherever you are now, if it is not death penalty what will be the best ? Why is he saying it should not be death penalty ? 

If you study carefully the stand of international organization on human rights. You will discover that the conventions has since amended some chatters proscribing death penalty as a punishment for an offence. That is why , I am comfortable to tell you the world has moved beyond death penalty as a punishment for an offence.

I will not be part of those, (as a person and as an Head of IHRC in Nigeria) we cannot be part of those calling for death penalty as a punishment for an offence. 

Don’t forget that in Nigeria, we have since enacted a law in our legal system which as a matter of fact declares murder a capital offence and punishable by death. 

What we called deterrent many not really mean deterrent. Nigeria is an example of what we called deterrent. Here in Nigeria, we have since enacted a law or murder as a capital offence and punishable by death. Has it stopped culpable homicide in Nigeria ? The answer is NO ! , even yesterday there are several cases of murder that was committed. 

In Nigeria today , it is like a thing that comes on daily basis. It is non longer news for you to hear a man has being murdered. It is part of our daily news, that is to underscore the fact, death penalty is not a reason for an offence to be committed.

In fact , if there is any country that could be used as an example not to believe in death penalty as a punishment . NIGERIA IS ONE !

As much as the offence is unthinkable, my own stand as a country head of IHRC would have said... suggested that 

1. what we needed to do is to take a cursory look at out legal system and have a time bound for prosecution of remand of whoever committed rape. It should not be left for a situation where the legal process will have a limitless time. Let there be a time limit for the prosecution, THAT IS ONE !

2. We need to also address the rights of the police who is principally mandated to ensure investigation and prosecution of this criminal act. 

As I talk to you today, police organization whether rightly or wrongly is the most discriminated organization currently in Nigeria. And this is the organization, that is saddled with the responsibility of investigation and prosecuting of this particular sinful act.

We need to first look at the rights of the Nigeria Police to a very large extend address it. And then, do away with the past anybody has observed about the police And we have a new police with the new confidence of a fresh mandate of ensuring that the time-bound granted by law is being adhered to, in the prosecution of a man or woman who commits rape.

I know that of a man is more popular. But I also know that men, ...there are men who are victim of rape too. So this is the true angle that needed...even the punishment for a man who commit rape. 

The (already) existing law is good enough to take care of a man who commit rape. But it shouldn’t be a limitless prosecution. It should be with a time bound or limit. And like I said earlier, the police who is the principal officer with the discharge of this duty must first be addressed in terms of their own rights too as human beings.

By the time , we get their perception clearly. And we now have the past of the police dropped. We now see police in a new course of action. We will, now, be able to discuss and follow up the matter with strict adherence to the (current) existing punishment...

We can talk into the senses of certain individuals and persons to see reason, why they will not even commit the offence in the first place , just like I said , we will abridge the gap between the lead and the led. And we believe in always discussing issues and making you to understand reasons why certain things shouldn’t be done in the first place. Because there is no offence , when it is not committed.

 What we are talking about is an offence. It is a criminal offence not just criminal now, in the minds of people like me. It is a capital offence. Even at that , it doesn’t become an offence when it is not committed until it is ... .That is when it becomes an offence. 

So, why don’t we even stop the people from committing the offence. 

I have opposition to certain act of some security agencies not just police alone. When a man is sent to the road to make corrections. You begin to look for ways of arresting. Why don’t you make the correction? This is the aspect our security agencies does not want to dwell on. OK! ...as a road ....as a Vehicle Inspection Officer (VIO) or as the case may be , your primary duty is not to effect an arrest. But it is to prevent an offence from being committed.

 Here in Nigeria , our security  agencies tend to look at when offences are being committed  for arrest . Why don’t you prevent offence from being committed. This is the role IHRC plays . We try to prevent the citizen from even committing the offence in the first place. 

Well it is not pleasing to us to see anybody in the prison. It is not pleasing to IHRC seeing anybody being punished . Therefore, we have a duty of orientating the minds of the people not to even go into what is truly wrong  both in law and in morals.