Selective Prosecution: The Emerging Ethnic and Political Bias in Nigeria’s Criminal Justice System

In a nation as diverse as Nigeria, with its over 250 ethnic groups, maintaining a fair and unbiased criminal legal system is paramount. The rule of law is the bedrock of any democracy, ensuring the dispensation of justice without fear or favour.

However, a disturbing trend is emerging in Nigeria’s criminal justice system: an explicit ethnic and political bias in the prosecution of perceived crimes. This development threatens to undermine the very foundation of the country’s legal system and has far-reaching implications for national unity and stability.

Selective Prosecution
Selective prosecution happens when security agencies and others involved in criminal prosecution target a specific group and fail to apply the same standards to those not in the target group. In most cases, selective prosecution manifests when prosecutors rely on unjustifiable standards like race, tribe, social status, and political affiliations when pursuing criminal cases.

The issue of selective prosecution of suspected criminal offenders is a global problem. In the United States, reports show that some segments of the population are more likely to be profiled, arrested, charged, prosecuted, convicted, and jailed for crimes. Selective prosecution is also present at the international criminal justice level. For example, many experts have accused the International Criminal Court (ICC) of deliberately targeting Africans because of their race. It is hard to argue with these experts when statistics show that almost all the individuals so far indicted by the ICC have been Africans.

In Nigeria, the problem takes on a political and ethnic dimension, as certain ethnic groups and people in political opposition seem to bear the brunt of biased criminal prosecution. Although this problem is not new, selective prosecution gained notoriety during and after the 2023 general elections in Nigeria.

Above the Law
In Lagos, before the 2023 general elections, the Chairman of the Lagos State Parks and Management Committee, Musiliu Akinsanya, popularly known as MC Oluomo, threatened people from the Igbo ethnic group living in Lagos. In a couple of videos that went viral, MC Oluomo warned residents of Lagos state of Igbo extraction to either vote for the candidates of the ruling party or not come out to vote at all.

This was not the first time the Igbos were threatened with violence in Lagos. Earlier in 2015, a traditional ruler, HRM Oba Rilwanu Akiolu, the Oba of Lagos, had summoned some Igbo leaders in Lagos and told them without mincing words that if the Igbos did not vote for his preferred APC candidate, he would drive them into the Lagos lagoon.

In 2017, a group known as the Arewa Youth Consultative Forum, had issued an ultimatum, telling Igbos in Northern Nigeria to leave the region. Just like what happened in Rwanda in 1994, before the genocide began, hate songs and audio messages were widely circulated urging people to kill and destroy the property of Igbos who refused to heed the call. The ugly situation attracted the attention of the United Nations, which issued a statement urging the government to be vigilant as hate speech and incitement can endanger social cohesion and threaten peace. Although many local and international figures condemned the hate speech and incitement, none of the organizers of the campaign were arrested or prosecuted.

Following MC Oluomo’s threats, many people expected the authorities to invite and/or arrest him for an action that clearly threatened peace in Lagos State and other parts of the country. Unfortunately, the police and other security agencies were not interested in MC Oluomo or his threats. The inaction of the police to prosecute MC Oluomo elicited public outcry, which led the Police Force PPRO to issue a statement saying that the threat by MC Oluomo was only a joke. While the police found the violent threats by MC Oluomo funny, it was not amusing to many people, especially the Igbos, who lost billions of naira when some major markets were burnt down. During the election, many voters suspected to be of Igbo extraction were attacked, macheted, and beaten. There was nothing funny about what innocent voters, whose only crime was going out to exercise their civic duties and responsibilities, experienced during the election. To date, it is not clear if anyone was arrested or prosecuted for those crimes.

Emboldened by the exploits of MC Oluomo and his gang, some supporters of the ruling party joined in threatening the Igbo and other perceived opponents of the ruling party. A former Niger Delta militant and known supporter of the president, Asari Dokubo, took the threat, sorry, the joke—a notch higher. In a viral video, Dokubo brandished an AK-47 assault rifle and threatened to unleash violence on the Igbos. Despite the condemnation that followed Dokubo’s outbursts and threats, he was never arrested or prosecuted.

Another threat against the Igbos came from Bayo Onanuga, a journalist. In a tweet on one of his social media channels, Onanuga warned the Igbos never to interfere in Lagos politics again. Their crime: voting for a candidate of their choice. Instead of being reined in, the president rewarded Onanuga with the position of special adviser to the president on information and strategy. Recently, Onanuga stirred up the hornet’s nest again by falsely accusing the Igbos of planning a regime change and sponsoring the #EndBadGovernance protests that rocked most parts of the country in August 2024. As dangerous as Onanuga’s accusation was, the security agencies did not invite him to substantiate the dangerous allegations.

Not to be outdone by his peers in the anti-Igbo organization, Femi-Fani Kayode, another ruling party supporter, also made some incendiary remarks and accused a governorship candidate of conspiring to hand over Lagos to the Igbos. Fani Kayode’s ethnic slurs against the Igbos drew condemnation from various quarters, including the UK’s Deputy High Commissioner Ben Llewellyn-Jones and the former vice president of Nigeria, Atiku Abubakar. Llewellyn Jones and Abubakar noted that Fani Kayode had been making inciting comments against the Igbos and ought to have been cautioned.

According to some analysts, it is the utter neglect of the police and other security agencies to arrest and prosecute these actors that recently emboldened a group to start an #IgboMustGo campaign to drive the Igbos out of Lagos. Although both the presidency and the Lagos state government condemned the #IgboMustGo campaign, those behind this xenophobic campaign, like the others before them, have not been arrested or prosecuted for trying to set the country on fire.

Unfortunately, the Nigerian government has ignored the call by the United Nations to investigate all incidents of hate speech and incitement to violence. It seems Nigeria has not learned anything from the devastating Rwandan genocide, where people used the media to call on others to attack a Tutsi ethnic group.

Those who argue that the police and other security agencies cannot arrest and prosecute all criminals at the same time unfortunately miss the point, for there is something inherently wrong when security agents seem to prosecute only certain classes of criminal offenders while systematically ignoring others. Nigeria’s security agencies have consistently shown that they have the ability to arrest and prosecute those who engage in criminal behavior. For example, in reaction to the several attacks on their shops and markets in Lagos before, during, and after the 2023 general elections, an Igbo traditional leader, Fredrick Nwajagu, vowed to invite members of the proscribed Indigenous People of Biafra (IPOB) to Lagos to secure properties of Igbo people in the state since the government had failed in that duty. The DSS immediately swung into action and arrested him. Nwajagu is still in detention and being prosecuted for treason. While Nnamdi Kanu, the leader of an Igbo secessionist group, the Indigenous People of Biafra (IPOB), is in detention and being prosecuted for treason, Sunday Igboho, the leader of a Yoruba secessionist group, is a free man. Also, the federal government has withdrawn the terrorism charges against Bello Bodejo, the leader of Miyetti Allah, a Fulani pastoralists group, for unlawful establishment of an ethnic militia.

Selective prosecution in Nigeria has also taken political dimensions. Recently, there has been an upsurge in the arrest, detention, and prosecution of different actors regarded as opponents of the ruling government. Journalists, labour union leaders, human rights activists, and protesters have become victims of arbitrary arrests and prosecution by security agents. Many stakeholders have condemned the sudden rise in the arbitrary arrest and prosecution of perceived enemies of the state.

The Role of Prosecutors

The United Nations Guidelines on the Role of Prosecutors, adopted on September 9, 1990, provide recommendations for member states to promote the effectiveness, impartiality, and fairness of prosecutors in criminal proceedings. These guidelines seek to help prosecutors carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual, or any other kind of discrimination. Some of the critical provisions of the United Nations Guidelines are that prosecutors
should:

“Protect the public interest, act with objectivity, take proper account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect; and prosecutors shall not initiate or continue prosecution… and shall make every effort to stay proceedings when an impartial investigation shows the charge to be unfounded.”.

As gatekeepers in criminal prosecution, the police and other security agencies must ensure the process is fair and that there is a level playing field without which you cannot achieve
justice.

The Dangers of Selective Prosecution

Selective prosecution, where individuals from certain ethnic groups and political associations are disproportionately targeted, poses significant dangers to the integrity of
the legal system. In a multi-ethnic society like Nigeria, all citizens must see the criminal justice system as impartial. When people perceive the law as favoring one group over another, it erodes public confidence in the system and fosters resentment and division among the populace.

Such bias can lead to a dangerous cycle of mistrust and retaliation. Communities that feel targeted by law enforcement may become alienated, leading to a breakdown in cooperation with authorities. This lack of cooperation can make it more difficult for law enforcement to effectively do their jobs, ultimately resulting in higher crime rates and less safe communities. This is the situation in many parts of South East Nigeria today, where many people feel alienated and have little or no trust in the police and other security agencies, whom they see as agents of oppression.

Moreover, when people perceive the criminal justice system as biased, it can fuel ethnic tensions and conflicts. Ethnic tensions and conflict are at an all-time high as ethnic warriors from different ethnic groups in Nigeria are busy attacking one another on social media. Nigeria has a history of ethnic and tribal violence, and any perception that the state is using its prosecutorial powers to oppress or marginalize certain groups could reignite these tensions. In a country where unity is already fragile, this is a risk that Nigeria cannot afford to take.

The Impact of Selective Prosecution on the Rule of Law

The rule of law demands that all individuals, regardless of their ethnic or tribal background, are treated equally under the law. However, when certain tribes and those in opposition are disproportionately arrested and prosecuted for crimes, it suggests that the legal system is being manipulated for political or ethnic purposes. Selective prosecution violates the principle of equality before the law and also sets a dangerous precedent where justice is no longer blind but is guided instead by ethnic and political considerations.

This erosion of the rule of law can have severe consequences for Nigeria’s democracy. If people lose faith in the legal system, they may turn to alternative means of seeking justice, including violence or extrajudicial measures. This can lead to a breakdown in law and order, further destabilizing the country.

The Way Forward

Addressing this issue requires a concerted effort from all stakeholders in the Nigerian legal and political system. There must be a commitment to upholding the rule of law and ensuring that all individuals are treated equally, regardless of their ethnic or political background. A situation where security agents fail to perform their duties of prosecuting those who engage in criminal behavior because of where they come from or their political affiliation will not augur well for the country. Law enforcement agencies and the judiciary must be trained to recognize and eliminate biases in their practices.

Additionally, there should be increased transparency in the prosecution process. Data on prosecutions should be made publicly available, disaggregated by ethnicity and region, to allow for independent scrutiny. This will help to identify and address any patterns of bias.

Civil society organizations and the media also have a crucial role to play in holding security agencies and the legal system accountable. By highlighting cases of selective prosecution and advocating for reform, they can help to ensure that the criminal justice system remains fair and impartial.

Final Words

In a diverse and multi-ethnic society like Nigeria, maintaining a fair and unbiased criminal legal system is not just a legal requirement but a necessity for national unity and stability.

The emerging trend of explicit ethnic and political bias in the prosecution of crimes is a dangerous development that must be addressed urgently. By reaffirming the principles of equality before the law and taking concrete steps to eliminate bias, Nigeria can strengthen its legal system and ensure that justice is truly blind.

Criminal prosecutors must avoid actions that put question marks on their independence and neutrality. Selective prosecution weakens the criminal justice system, promotes injustice, and hinders the growth and development of any nation.

A nation that wants to progress must ensure equal treatment of its citizens and remove double standards in its criminal justice system. Selective prosecution amplifies the cries of marginalization by some groups in Nigeria and shows how unjust the nation and our criminal justice system have become.