KIDNAPPING ON THE RAMPAGE BY AYAMA PIUS KUROTIMI

We live in a society where man's conduct and actions are regulated by Law. We can move freely around our neighbors because we know their limits under the law. The Law is a respecter of no man, government and authorities, and it is the duty of the courts to actualize it.

In ordinary parlance, kidnapping is the forceful and unlawful restriction of a man's freedom to move - accruing from capture without consent and notice of the victim. Moreover, the Criminal Code, by section 364 defines it as, ‘the unlawful imprisonment of any person within Nigeria in such a manner as to prevent him from applying to a court for his release or from discovering to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned.’ Anyone who commits this act is guilty of a felony, and liable to imprisonment for ten years.

The recent disposition of the paramount ruler of Otuokpoti Community, CDC and Youth leaders is a perfect display of the biased nature of the Government to abating kidnapping in the state. The Government takes more seriousness in securing its personnel than ordinary people. There are a lot of reported cases of kidnap pending in the hands of Government. Thus, one may ask the question: is Government really for the people? It's indeed a rhetorical and complex question to answer, even though the 1999 Constitution as provided that the security and welfare of the people shall be the primary purpose government. This births another question, anchored on the justifiability of section 14 of the 1999 Constitution. It extends also to the autochthonous veracity of the 1999 Constitution. From the foregoing, one would deduce that the Government has left the lane of its responsibility to make available reasonable security and welfare to the people. 

The truth is, one is no longer sure of the protective role law plays in the society. Hence, we no longer know the limits of our neighbors under the law as the Government has refused to take reasonable and necessary steps to protect the lives and properties of the citizens. All what the state is after, it seems, is the protection of personnel’s of its organs; leaving the poor populace susceptible to menaces like kidnap.

The sluggish justice administration system is also a major setback to actualizing the abatement of kidnap occurrences. It is not news that trials stay in court for very long durations before justice is done. This puts the victim in more trauma and also takes away the needed happiness of sustaining justice at the long run. Indeed, justice delayed is justice denied.

Furthermore, the penalty thereon for breach of section 364 of the Criminal Code is not commensurate to the offense. It is a general and acceptable principle of law that; punishment must be commensurate to crime. A victim of kidnap is subjected to inhumane treatments both emotionally and bodily. Most times, victims die in the process if the requested ransom is not paid. Hence, the Government is urged to take drastic measures in order to curb this alarming menace called kidnap. Days are no longer safe, likewise nights. The fear and trauma of being the next victim of kidnap runs through the mindset of the poor vulnerable populace every second. The peace and security once enjoyed as a state is now greatly threatened. Lives get lost in the hands of cold kidnappers on regular basis. To say, the inhumane treatment the Bayelsa State Commissioner was subjected to, depicts how immoral, wicked and ungodly the perpetrators of these acts are. The writer recommends that, Government should make available ways of livelihood such as: provision of employment, skill acquisitions, competitions with monetary rewards and the likes in order to curb this menace.

Finally, an urgent response by the Government is crucial because the society is moving back to the state of nature where life was solitary, brutish, nasty and short; a state where man longer have respect for the dignity of another, and unless the needful is done, man's life will continue to be endangered by this dreadful menace.

Written by Ayama Pius Kurotimi. A year-three law student at of law at Ebirobert academia. He can be reached via ayamapius1@gmail.com or+ 2349050522057