ZUL-QA’ADAH 15 1430 A.H.
TUESDAY NOVEMBER . 3 2009.
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Crime, justice and punishment (II)
By Marty Price&Shaswatta Dutta
Price, 1997, further pointed out that social research is suggesting that for many crimes, sentences of from one to two years are the most likely to be effective, while longer sentences may be counter-productive to rehabilitating offenders. He argued that what society should be implementing is "restorative justice" rather than "retributive justice". A restorative justice approach concerned with righting the wrongs to victims and making amends, repairing the harm done (in whatever ways possible, including victim compensation) and restoring the lives affected by crime, offers us a much more hopeful vision for the future.
Furthermore, wrote Shaswata Dutta, each society has its own way of social control for which it frames certain laws and also mentions the sanctions with them. These sanctions are nothing but the punishments. ‘The first thing to mention in relation to the definition of punishment is the ineffectiveness of definitional barriers aimed to show that one or other of the proposed justifications of punishments either logically include or logically excluded by definition.’ Punishment has the following features:
• It involves the deprivation of certain normally recognized rights, or other measures considered unpleasant.
• It is consequence of an offence
• It is applied against the author of the offence
• It is applied by an organ of the system that made the act an offence
The kinds of punishment given are surely influenced by the kind of society one lives in.
The way I see the Bode George punishment, much as I have argued in the past that corruption in Nigeria needs to be dealt with as strongly as possible, so as to serve as deterrent to current and up-coming treasury looters, is that the fact that an irresponsible, corrupt and useless old man has been convicted, sentenced and jailed is indeed cause to renew our belief that all hope for redemption of our country is not lost. Tafa Balogun got 6 months, Alamieyeseigha got about a year, Lucky-boy Igbinedion was even given the option of fine and a slap on the wrist, but the old fool Bode George was not even given the option of a fine, and straight to jail he goes. Of course, he has the right to appeal against his conviction, but for now, the word "Convict" will forever be etched in our memory of him. We know this, as opposed to that of James Ibori, which we are still finding difficult, for one reason or the other, to prove.
Perhaps Lagos-boy Olabode George should be ashamed, but the Nigeria of nowadays does not recognise the word "shame", and thereby we saw his supporters in court still hailing him. Fifty years ago, he would have been hounded out of town in shame. That says a lot about our societal norms and a departure from our cultural, religious and moral values. This is why I will not blame him, but instead blame our society. Why, in 2 years time, upon his release, he will go to his church and do a thanksgiving service, attended by his family, friends and other supporters, and his pastor will be heaping praises and prayers on him, blaming his detractors for his prison sojourn.
However, I still would not like to gloat about Bode George’s travailsl, if indeed we can call it that, after all, it can be said he brought it all unto himself (as most thieving insincere politician in Nigeria are wont to do), and believe me, he thoroughly deserved what was coming to him, and more, but what about many past corrupt governors who are still roaming the streets of Abuja and Lagos. Tafa Balogun , the former Inspector General of Police is free , James Ibori is free (and actually surreptitiously running the affairs of this country), Peter Odili has a court order that prohibits the EFCC or any other law enforcement agency from investigating or arresting him, Chimaroke Nnamani (he of the over 200 properties in one city) is a Senator , Achike Udenwa is a minister , Luky Igbenedion is free, Babangida is Free , Obasanjo is free , Tony Anenih is free , Professor Egwu is a Fedreal Minister, Orji Uzo Kalu is Free , Bola Tinubu is still making billions in Lagos, David Mark is our Senate president . So why would only Bode be the scapegoat? How much money did he steal that Ibori did not exceed 100 times?
These people and many of their ilks got us in the mess we are in today and actually are the causative agents of the Nigeria’s bad international reputation. I don’t know how you feel, but if thieves are ruling a country, how do you want the international community to view the ordinary citizens of the same country, re-branding or no re-branding?
However, Nigerians have become cynics, and I don’t blame them. This is because for the past forty-nine years, we have come to realise that our leaders never tell us the truth, or exhibit any behaviour which will let us have any confidence, trust and faith in them. Therefore, we view anything that comes from governments, politicians, civil servants with a high degree of cynical wit. Already, concerning the Bode George issue, we have a lot of conspiracy theories; some are of the view that he was only convicted because he had fallen out of favour with the current Presidency and PDP hierarchy because he was an Obasanjo man; yet another theory is that it was just a show from the Government to make people think that the war against corruption is still very much on their priority, and thereby a convenient scapegoat like Bode George need to be made; another one is that PDP wanted to sacrifice Bode George to launder their image; another is that the trial judge was instructed not to be too harsh on him and that was why he got only 30 months.
Well, who knows? In Nigeria, anything sure can happen, or be made to happen, especially when we are being ruled by thoughtless, cruel, vicious, murderous, corrupt, dishonest, insincere, inconsiderate, selfish, insensitive, sadistic, Vagabonds in Power. Sadly, how can we trust anybody in power?
Let the truth be said always.
Concluded.
Sorce: Legal Service India.com (http://www.legalserviceindia.com/articles/pun_theo.htm )