INTRODUCTION
Justice is as old as man himself. This is evidenced in the Bible: after God, he gave him freedom, but with a restriction. Coincidentally, man went against the law of restriction. In Genesis chapter 3, it is exhibited that before God pronounced judgment, he asked the parties for their side of the story before judgment was pronounced. To borrow the words of the erudite jurist of Blessed memory, Kayode Eso JSC in ADIGUN V A.G. OYO STATE[1]where he said:
Even if God gave Adam an oral hearing despite the evidence supplied by his act of covering his nakedness before the case against him (he) continued staying (in) the Garden of Eden was determined against him… Once an Appellant shows that there is an infringement of the principle of natural justice against him, it is my view that he needs show nothing more. The finding that there is an infringement of the principle is sufficient to grant him a remedy.
The submission of the jurist encapsulates the position of the interconnectedness of the doctrine of fair hearing in sync with the existence of man. The issue of jungle justice has been in existence since time immemorial. For instance, in the book of Acts chapter 6 when Stephen was accused of speaking blasphemous words, false witnesses were raised against him because his words were not pleasing to their ears. Consequently, he was stoned to death. Fair hearing is to justice what the skeleton is to the flesh. If taken away, our justice system will fall like a pack of cards.It is quite unfortunate however that although the all-too-important principle, fair hearing, has been disregarded from time immemorial and still being disregarded in our society today, hence, the need to discuss the brutish concept of “Jungle Justice”.
Jungle justice entails disregarding the rule of law and acting autonomously.In other words, it means resorting to self-help. Jungle justice is in tandem with a society described by Thomas Hobbes as “brutish, nasty and short” – a society devoid of law and order, of sanity, of the respect for the sacrosanct nature of human life. The concept of mob justice is a global challenge that threatens the judicial system[2].The Universal Declaration of Human Rights was adopted on 10th December, 1948, just after World War II, as a result of the overwhelming need to preserve human dignity. Following that, the United Nations acknowledged and endorsed certain rights due to their significance.[3]Goal 16 of the United Nations 2030 Sustainable Development Goals is peace, justice and strong institutions[4]. With six years to the attainment of these goals, Nigeria, also a member of the UN, is still threatened by “conflict, insecurity, weak institutions and limited access to justice.”In the same vein, the analysis of the International Covenant on Civil and Political Rights (1966) highlights the legal foundation that prevents mob justice and protects people’s right to a fair trial[5].
Jungle justice is regarded as a serious social vice that impedes the progress and development of a nation in many West African nations, particularly Nigeria, where it is very common. Jungle justice is the act of a group of people (typically mobs) taking the law into their own hands by assaulting an accused suspect, often leading to grievous bodily harm or death, without following the proper legal procedures[6]. Jungle justice, also known as mob justice, is a form of extrajudicial killing in Sub-Saharan Africa, particularly in Nigeria and Cameroon. The criminal justice system in Nigeria is plagued by the widespread practice of “jungle justice,” which involves angry mobs attacking individuals they believe have committed crimes in a brutal and frequently deadly manner. Since the accused is never given the chance to defend himself, the instantaneous “justice” meted out by the mob begs the question of whether it is proper justice[7]. It also begs the question of whether laws against jungle justice are efficient and tenable since their enactment.
- HISTORY OF JUNGLE JUSTICE IN NIGERIA
The practice of jungle justice is pervasive in Nigerian culture. This has a variety of causes. It is the opinion of some persons that because justice is never delivered or delayed, people take laws into their own hands. For example, it was noted that “in Nigeria, a single trial can take up to 21 years.” Because of this, some people would like to bring justice to the streets[8].”The careless attitude of law enforcement officials towards apprehending offenders and obtaining justice for victims”[9] is another. Consequently, a great number of people have turned to obtaining their fair justice on the streets based on fabricated or nonexistent witness testimony because law enforcement organizations refuse to provide them with “just” justice. Another viewpoint holds that there is “public dissatisfaction and loss of confidence in the institution of the police and judiciary to administer justice.”[10] Many have responded to this by enacting laws. Some have contended that in order to enforce justice, the police and other security services bribe victims or their families. There are many different explanations for jungle justice, but one thing is certain: it is common in Nigeria[11].
The history of jungle justice in Nigeria is somewhat vague, but many people believe that this social vice gained its recognition through the introduction of Bakassi Boys by the Mbadinuju-led government in Anambra state in 1999. For instance, Tinibu writes that:[12]
The act became very popular after the creation of a non-governmental armed group, named Bakassi boys. This group was established in 1999 on the basis of several ethnic associations of Igbo people, such as the Onitsha traders association … the purpose of creating this group is [sic] to confront gangsters groups because of the inabilities [sic] of the police to establish law and order in commercial centers in the state … to achieve this goal, the Bakassi boys burnt the several limbs of convicted bandits and criminals to frighten the population … their first leader is Gilbert Okoye. (p. 1)[13]
It is clear from the conversation that this group became the first known practitioners of street-based jungle justice without reporting such cases to the relevant government agencies. Unfortunately,majority of the victims had no witnesses. Lone witnesses were basically relied upon without providing enough evidence. These witnesses either forced their bogus accusations on their victims or were biased. For them, jungle justice has become a means of exacting revenge and letting off steam. This is presumably done to draw the attention of the government, which they feel is too slow in enforcing the law.[14]
The Nigerian constitution protects every person, including criminal suspects. Whenever jungle justice is perpetrated, certain essential fundamental rights are usually violated by this inhumane practice. For example, Section 36(5) holds that all suspects are innocent unless and until they are found guilty. According to the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023), the accused shall be granted fair hearing and fair trial in all civil and criminal proceedings[15]. Other rights as contained in the constitution are: right to life, dignity of human person, personal liberty, private and family life, freedom of thought, conscience and religion, freedom of expression and the press, peaceful assembly and association, freedomof movement, freedom from discrimination and right to acquire and own immovable property anywhere in Nigeria.[16]
- EXAMPLES OF JUNGLE JUSTICE IN NIGERIA AND OTHER COUNTRIES
Despite the notoriety of the phenomenon of jungle justice, it doesnot usually make its round to the internet or social media. This is caused by two reasons: the act of jungle justice seldom happens in urban areas as the reports of the incident is more rampant in rural areas and suburbs; secondly getting eye witness or complainants to come forward is often a hassle, except it is someone at close proximity to the crime scene or victims of the incident. However, it must be clear that jungle justice does not only affect the accused and his/her family, it sometimes affects the person or environment where an incident occurs. Sadly, angry mobs do not care about the story, whether it’s true or false, the rage and frustration in them is always being reflected in their characterization.
At Wuse market in February 2024, a young Hausa man named Musa was alleged of stealing; he was arraigned by the mobile court and was found guilty. Consequently, his family was called to pay for the stolen items. The young man then ran off the mobile van which was used to convey him, out of reflex the police officer attached to him, shot him, unfortunately, he died. Out of rage and resentment, the Hausa/Fulani men who were in the vicinity, started burning down shops and destroying properties with fire and other dangerous materials.
The gruesome murder of a sound engineer in Admiralty way Lekki, Lagos, David Imoh, on 12th May, 2022 was undoubtedly heart-rending to his family and many who knew him. Imoh, who wanted to settle a disagreement between his colleagues and a motorcyclist, was later tagged by the mob as a ritualist and yahoo boy.
The Aluu Four devastating lynching and burning of four students of the Department of Geology in year 2012 after being falsely accused of theft.
Sixteen-year-old Anthony Okpahefufe’s dream of becoming a pilot was cut short by an irate mob on 19thNovember, 2021, when he was dragged from the home he has lived in with his grandmother to the market square with the allegation that he was a thief.
In Khayelitsha, South Africa(Reuters) Ncedile Gigi was beaten and set ablaze. Ncedile Gigi’s story began in March 2012, when a mob fed up with insufficient policing took matters into their own hands, touching the 26-year-old in a crime-ridden South African slum. Gigi, accused of theft, was one of three guys who had petrol-laced tires placed over their shoulders in Khayelitsha, a shanty settlement 40 kilometers (25 miles) east of Cape town.
The morning of May 19, 2021 will be memorable for residents of Plot 52 in the Zandspruit informal community, as well as for South Africans in general. Members of the community, both old and young, decided to take the law into their own hands in front of children and other members of the community, therefore causing a chain reaction of events and actions that cannot be reversed. On that day, law-abiding people were turned into criminals unjustly. The heinous murder of five young men by enraged community members on a local sports field, as well as the stripping naked of nine young men, dousing them with fuel, necklacing them with tires, and setting them on fire.
More recently is the mob action in the community of Okuoma where Youths of the community killed seventeen (17) soldiers in cold blood. Although we will never know who conducted the reprisal, the fact is by way of retaliation and an attempt at justice, the entire village of Okuoma was razed to the ground.
A particular Nigerian movie producer (Funke Akindele) in two of her recent movies –A Tribe Called Judah and Battle on Buka Street demonstrated how jungle justice starts and what usually saves the day.
- ADDRESSING THE MENANCE OF JUNGLE JUSTICE IN NIGERIA: LEGAL FRAMEWORK
- It must be stated here that there exists plethora of laws in Nigeria aimed at combating the menace of jungle justice in order to ensure the protection of lives and properties, and to preserve the rule of law. Although one can argue that in spite of the existence of these laws, the menace has not been silenced. The counter argument to such notion is that the law is the bedrock of every society. No matter the lapses in the law, we must be seen to uphold the highest standards of the rule of law. More so, as argued by the positivist school of thoughts that “law is a means for social engineering”. It therefore means that if and when we have good laws, and the populace are properly educated and orientated on their existence, to wit, the repercussion of engaging in mob action, we can begin to nip the parasite of jungle justice in its bud. One will ask, what laws are in place in combating jungle justice in Nigeria?
- 1999 Constitution of the Federal Republic of Nigeria (as amended): The Constitution of the Federal Republic of Nigeria is the grundnorm from which all other laws derive their applicability and tenacity.
- Administration of Criminal Justice Act (2015): Section 8(1):“A suspect shall:
(a) be accorded humane treatment, having regard to his right to dignity of his person; also,
(b) not be subjected to any form of torture, cruel, inhuman or degrading treatment”.
Section 8(3):
“A suspect shall be brought before the court or otherwise released conditionally or unconditionally”.
And in affirmation and support to the above statutory provisions, here is a Supreme Court decided case of Kalu v. State[17]. In that case, Anthony Ikechukwu Iguh JSC in his dictum mentioned that:
“…for a valid and proper arraignment of an accused person, the following three conditions must be satisfied namely:-
- The accused person must be placed before the court unfettered unless the court shall see cause otherwise
- The charge or information shall be read over and explained to him to the satisfaction of the court by the Registrar or other officer of the court; and
- The accused shall then be called upon to plead instantly thereto (unless, of course, there exists any valid reason to do otherwise such as objection to want of service where the accused is entitled by law to service of a copy of the information and the court is satisfied that he has in fact not been duly served therewith)…”[18]
- Penal Code: Section 220 of the Penal Code states that, “Whoever causes death, by doing an act with the intention of causing death or such bodily injury as is likely to cause death…commits the offence of culpable homicide.”
- Violence Against Persons Prohibition Act, 2015
- FACTORS RESPONSIBLE FOR JUNGLE JUSTICE
There are several factors which proponents of jungle justice as a means of solving societal ills advocate as defense to this anomaly. Ignatius[19] has identified some of these factors as follows:
- Dysfunctional judicial system: Inefficiency: Slow legal processes, litigation backlogs, and court hearing delays diminish public trust in the justice system.
- Lack of trust in law enforcement: Inefficient policing: When law enforcement fails to capture criminals swiftly or lacks resources to do so, citizens may take laws into their own hands.Perceived Bias: Societies may perceive that law enforcement favors particular constituencies or is corrupt.
- Social and Economic Factors: Impoverishment: People in poverty frequently lack the facility of legal representation and might turn to the practice of vigilante justice. Inequality: variances in money, education, and opportunity can cause dissatisfaction and a need for lightning-fast retaliation.
- Traditions and beliefs: Collective Punishment: Dany[20] believes that some cultures value collective justice over individual rights. Jungle justice is driven by an appetite for vengeance as opposed to legal punishment.
- Distrust in the government
- IMPLICATION OF JUNGLE JUSTICE IN NIGERIA AND OTHER JURISDICTIONS
- It breaches the principle of natural justice: Natural justice which is a common law principle is divided into two main arms:(a) “Nemo judex in causa sua” means no one should be a judge in his own cause (b)“Audi alteram partem” or the rule of fair hearing principle, means “hear the other side.” It helps to ensure equity, fairness, openness and accountability. This connotes that no accused, or a person directly affected by a decision, shall be condemned unless given a full chance to prepare and submit his or her case and rebuttal to the opposing party’s arguments.It is the combination of these two arms that births the concept of fair hearing.The Nigerian 1999 Constitution (as amended) protects the right to life and fair hearing. However, only a court of law can conduct proceedings and reprimand individuals[21]. Furthermore, Sections 8(1) and (3) of the Administration of Criminals and Justice Act (2015) unequivocally prohibits mob justice. Anyone associated with jungle justice could be charged with appropriate criminal charges.
Violation of Rights: Jungle justice refers to extrajudicial actions where an accused criminal or suspect is humiliated, beaten, or executed by a crowd or vigilantes without due process of law[22]. It ignores the involvement of the police and other law enforcement agencies, circumventing legal procedures[23]. By taking the law into their own hands, individuals violate the right to life, the right to a fair hearing, and other constitutional safeguards.
- Leads to anarchy and lawlessness: Again the golden words of Thomas Hobbes echoes that “Life without law would be short, brutish and nasty.”According to Thurgood Marshall,“Lawlessness is lawlessness. Anarchy is anarchy. Neither race nor color nor frustration is an excuse for either lawlessness or anarchy.”“Whenever men take the law into their own hands, the loser is the law. And when the law loses, freedom languishes” – Robert Kennedy. We’re in a state of crisis where our nation is literally ripping apart at the seams right now, and lawlessness is occurring from one ocean to the other. Jungle justice sets the stage for anarchy—a state of lawlessness. In a legally upright community, justice should be dispensed through established legal procedures rather than by mob violence. The prevailing system of jungle justice demonstrates a disregard for the rule of law.
- Breaches the Constitutionally enshrined presumption of innocence: The presumption of innocence is explicitly recognized as enshrined in section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as follows: “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.”
- SUMMARY, RECOMMENDATION AND CONCLUSION
Summarily, jungle justice is not just illegal but also destructive to the fabric of society. Preserving the rule of law and guaranteeing fair and just legal procedures are vital for a peaceful and regulated community[24]. In view of the foregoing, the following are recommended to mitigate and/or eradicate jungle justice in our society:
- Set up community mediation and conflict resolution centers. Establish community-based mediation centers where issues can be settled peacefully without resorting to violence. Promote communication: Encourage open communication between opposing groups in order to discover common grounds and resolve conflicts peacefully.
- Promotion of Restorative Justice: Restitution and Rehabilitation
Instead of punitive measures, we need to focus on mending the harm caused by crimes. Encourage offenders to broker peace with their victims and reintegrate into society. Community Service: Engage offenders in community service programs to instill a sense of duty and accountability.
- Public awareness campaigns include media campaigns. Use radio, television and social media to educate people about the hazards of jungle justice and the advantages of a fair and judicial process. Engage public figures in speaking out against mob violence and promoting lawful alternatives.
- Community Vigilance and Reporting: Neighborhood Watch Programs
Create neighborhood watch organizations to observe suspicious activity and report it to law enforcement. Anonymous Tip Lines: Establish discreet avenues for reporting offenses without fear of retaliation.
- Psychotherapy: Offer counseling services to violence victims as well as eyewitnesses in order to minimize trauma-induced rage and retaliation and teach coping strategies and anger-management tactics.
- Need for speedy dispensation of justice by the courts: The provisions of ACJA if followed to the letter will aid the due course of justice. Lawyers must stop being clogs in the wheels of justice by resorting to delay tactics and other processes aimed at ridiculing the judicial process.
- Friendly Police: Our police force must adhere to the international best practices in order to gain the trust of the citizens.
REFERENCES
Agim O., and Oguntuyo T., ‘A Comparative Study of Prevalence of Jungle Justice in Developing’ Department of Public Administration and Policy, Old Dominion University, Norfolk, VA. accessed at https://digitalcommons.odu.edu
Bassey Q., ‘Jungle Justice in Nigeria: Implications and Impact on the Administration of Criminal Justice’ accessed at https://juritrustlawnotes.org/jungle-justice-in-nigeria-implications-and-impact-on-the-administration-of-criminal-justice-by-queenetta-bassey-esq/
Chandio L., Hussain N., Khan A., ‘Legal Safeguards Against Mob Justice: An Analysis of Blasphemy; Laws in Pakistan and International Human Rights Norms’ (2023)Al-Qamar, Volume 6, Issue 1 (January-March 2023) ISSN (Online): 2664-4398; ISSN (Print): 2664-438X accessed at https://alqamarjournal.com
Dany F., ‘From ‘ethnic militias’ to ‘jungle justice’? Research and change in vigilantism in Nigeria’ (2022) Published online by Cambridge University Press, Volume 92 , Issue 2 , February 2022 , pp. 265 – 282 accessed at https://doi.org/10.1017/S0001972022000067
Edokwe B.,Qosim M., ‘Jungle Justice in Nigerian Legal System’(2020)accessed at https://barristerng.com/jungle-justice-in-nigerian-legal-system-by-muhibudeen-qosim/
Eze, V.U., 2022, ‘Stop killing us without witness”: Analyses of Rawls’s theory of justice within the context of jungle justice in Nigeria in the lightof Deuteronomy 19:15–21’ (2022) Verbum et Ecclesia 43(1),a2473. Accessed at https://doi.org/10.4102/ve.v43i1.2473
Nwagu N., Onwuatuegwu I., ‘Jungle Justice: A Peak Of Failure Of Humanity’ (2020) Journal of Scientific Research in Easy and Case Studies Vol.1, No.1, pp.12-20, 2020, Published by ECRTD-UK
Osinibi O., ‘The Paradox of Jungle Justice As Retributive Punishment In Nigeria’s Criminal Justice System’(2020) Agogo African Journal of Humanities Vol.8: 30-37
Tinibu, S., 2018, ‘History of jungle justice in Nigeria’, (2024) accessed at https://www.legit.ng/1147323-history-jungle-justice-nigeria.html.
‘Population And the Sustainable Development Goals’ SDG Report 2023 accessed at https://sdgs.un.org
[1](1987)1 NWLR (PT 53) at 721-722, paras H-B
[2]A. Khan, L. Chandio,N. Hussain, ‘Legal Safeguards Against Mob Justice: An Analysis of Blasphemy; Laws in Pakistan and International Human Rights Norms’ (2023) Al-Qamar, Volume 6, Issue 1 (January-March 2023) ISSN (Online): 2664-4398; ISSN (Print): 2664-438X accessed at https://alqamarjournal.com
[3]V.U. Eze, ‘Stop killing us without witness”: Analyses of Rawls’s theory of justice within the context of jungle justice in Nigeria in the light of Deuteronomy 19:15–21’ (2022) Verbum et Ecclesia 43(1), a2473. Accessed at https://doi.org/10.4102/ve.v43i1.2473
[4] ‘Population And the Sustainable Development Goals’ SDG Report 2023 accessed at https://sdgs.un.org
[5] n2
[6]O. Agim, T. Oguntuyo , ‘A Comparative Study of Prevalence of Jungle Justice in Developing’ Department of Public Administration and Policy, Old Dominion University, Norfolk, VA. accessed at https://digitalcommons.odu.edu
[7]O. Osinibi, ‘The Paradox of Jungle Justice As Retributive Punishment In Nigeria’s Criminal Justice System’ (2020) Agogo African Journal of Humanities Vol.8: 30-37
[8] n3
[9] Ibid
[10] Ibid
[11] n3
[12]S. Tinibu, 2018, ‘History of jungle justice in Nigeria’, (2024) accessed at https://www.legit.ng/1147323-history-jungle-justice-nigeria.html.
[13] n3
[14] n3
[15] n3
[16] Chapter IV 1999 Constitution of the Federal Republic of Nigeria (as amended in 2023)
[17](1998) LPELR-1655(SC)
[18]B. Edokwe, M. Qosim, ‘Jungle Justice in Nigerian Legal System’ (2020) accessed at https://barristerng.com/jungle-justice-in-nigerian-legal-system-by-muhibudeen-qosim/
[19]I. Onwuatuegwu, N. Nwagu, ‘Jungle Justice: A Peak Of Failure Of Humanity’ (2020) Journal of Scientific Research in Easy and Case Studies Vol.1, No.1, pp.12-20 ,2020, Published by ECRTD-UK
[20]F.Dany, ‘From ‘ethnic militias’ to ‘jungle justice’? Research and change in vigilantism in Nigeria’ (2022) Published online by Cambridge University Press, Volume 92 , Issue 2 , February 2022 , pp. 265 – 282 accessed at https://doi.org/10.1017/S0001972022000067
[21] n18
[22]Q.Bassey, ‘Jungle Justice in Nigeria: Implications and Impact on the Administration of Criminal Justice’ accessed at https://juritrustlawnotes.org/jungle-justice-in-nigeria-implications-and-impact-on-the-administration-of-criminal-justice-by-queenetta-bassey-esq/
[23] Ibid
[24] n18