THE continued and somewhat illegal detention of Citizen Rhoda Jatau in Bauchi State is not just an official assault on her rights and freedom, it is also a constant reminder of the impunity that continues to attend the barbaric and gruesome killing of Deborah Samuel, a professed Christian, by some Islamic fundamentalists in Sokoto State. Jatau has been languishing in Bauchi prison for the past 18 months for sharing a video condemning Deborah Samuel’s killing! This shameful and bizarre official pursuit of justice is intriguing and necessarily provokes a litany of inquiries. Is it not striking that a lady is in detention for condemning murder, while it is unclear whether the perpetrators of the murder have been punished or even brought to court? Is Jatau’s continued detention due to the powerful forces in the state who are hell-bent on sweeping the ghoulish action meted to Deborah Samuel under the carpet? How does Nigeria want to be viewed by the international community when murderers are walking free while a citizen who condemned murder has been under detention for more than 18 months? Is it that she is not entitled to bail?
The international community has been expressing concern about this clearly unjust official action. Why the deafening silence from non-governmental organisations (NGOs), civil society organisations (CSOs), the Nigeria Bar Association (NBA) and other civil liberty and human rights organisations in the country? What is the propriety of trying a professed Christian under Sharia instead of common law? By the way, why have the police and the Sokoto State government not arrested the killers of Deborah Samuel? If the misguided religious hoodlums have been apprehended, what is the status of the litigation, if it has commenced? If arraignment in court and litigation of the murderers case have not commenced, why is this so? And why the repeated denial of bail to Jatau? The United Nations has, in no unmistakable terms, underscored the fact that the denial of bail not only restricts Jatau’s freedom but also raises questions about the fairness and proportionality of the legal measures taken against her. Is her continued detention a reflection of official disdain for international outcry against unfair treatment, religious intolerance and persecution of citizens because of their faith?
The idea of trying a professed Christian under Sharia law is a negation of the right to freedom of thought, conscience and religion guaranteed by Section 38 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). That right enables each individual to subscribe to any faith and religion he/she wants without being impaired by anything, including the preferred religious faith and affiliation of others. It may be the case that Muslims, under Sharia law, have obligations that could debar them from openly commenting on issues with religious connotations, but why would that apply to others who do not share such religious belief? And in any case, has anyone controverted the veracity of the contents of the video which landed Jatau in detention? Is it that Deborah Samuel was not killed by religious fanatics just because she was a Christian? Or is it appropriate or lawful for an otherwise free citizen to lose her life in the hands of outlaws?
If indeed Jatau, a professed Christian, committed any infraction, it can only be in relation to the Common Law, which would preclude her arraignment under Sharia law. And arraignment under the Common Law would not justify her being kept under detention for so long without a bail for commenting on some issues with religious connotations. Judging by the weight of the offence she allegedly committed and, more significantly, the circumstances leading to the incident, no reasonable and civilised body of laws can rationalise her incarceration for 18 months without bail. It is most unfortunate that some Nigerians are suffering from collective amnesia, perhaps as result of the country being constantly beset with myriads of seemingly daunting challenges and also because acts of lawlessness at individual, organisational and even official levels are a recurrent decimal. Otherwise, the issue of the unjust incarceration of Jatau would not have been literally consigned to oblivion locally, while the international community has kept alive its interrogation of the near perpetual incarceration.
The concerned authorities must swiftly release Jatau in order to stave off simmering religious agitations arising from her predicament. The country can ill-afford any religious acrimony or conflagration. Against the background of the multi-religious nature of the country and the fact that adherents of other faiths are invariably found in all states, we call for a less belligerent and insidious interpretation and application of Sharia law wherever it operates in the country. The operation of Sharia law cannot and should not be expected to override the constitutional guarantee of religious freedom in the country. The operation and application of the Islamic law should not in any way vitiate the supremacy of the grundnorm. Clearly, Jatau’s case is yet another example of tyranny in the application and enforcement of Sharia law. She should be promptly released.
Jatau’s long detention and the hideous killing of Deborah Samuel are both perceived to be underlined by official complicity. Both incidents point in the direction of persecution based on religious faith. Since Jatau’s case returned to the front burner recently, there have been strident calls from certain quarters on Christians in the country to rally round her and ensure her release from the unjust incarceration. Nevertheless, it will be limiting to construe the killing of Deborah Samuel and the continued detention of Jatau as an assault on the liberty of Nigerian Christians alone; it will be more useful to see the two acts of lawlessness as a dangerous affront on the Nigerian constitution which all patriotic citizens and people of good conscience must rise up to challenge and rein in.
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