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| Rhoda Jatau [Photo Credit The Nigerian Voice] |
Rhoda Jatau, a Bauchi State-based health care worker, will continue in jail, extending her already awful 18-month imprisonment after her no case submission before a Bauchi State High Court was thrown out on Monday, much to the dismay of human rights watchers and the rest of the international community.
Mrs. Jatau was arrested by the State Security Service in May 2020 after she shared a video condemning the lynching of Deborah Samuel, a Christian college student accused of blasphemy and set fire in broad daylight by Islamic fundamentalists in Sokoto. She is accused of instigating public disruption, "exciting contempt of religious creed," and cyberstalking.
The gravity of the charges is heightened by the fact that "contempt" is the civil equivalent of blasphemy under Islamic Sharia law, a legal paradigm that is frequently politically enforced outside of basic constitutional laws.
The prosecution had previously closed its case, but the defense's attempt to make its no case argument was continually thwarted as the judge postponed court dates and the trial dragged on. Ms Jatau's husband, Ya'u Adamu, and other observers were present when the submission was made on October 16.
Yesterday's verdict against the no case submission means that the court upheld the authorities' legal basis to argue the allegations brought against her, notwithstanding the lack of proof. The court admitted that Ms Jatau's sharing of a social media video was offensive to existing laws, and her lawyers would now work to prove that her action was justified rather than the initial stance that her action did not constitute the offences alleged.
The United Nations and NGOs such as Christian Solidarity International have expressed concern about her arrest and protracted detention. They argue that Ms Jatau's incarceration violates her fundamental rights to freedom of expression, religion, and belief.
The frequent rejection of bail to Ms Jatau is cause for worry. The United Nations and CSI emphasise that her denial of bail not only limits her freedom but also calls into question the fairness and proportionality of the legal restrictions imposed on her.
Equally concerning is the fact that she has only had occasional access to legal representation since her arrest. International observers highlight the need of free access to legal representation as a cornerstone of a fair and just trial. The restrictions on her access to legal counsel not only impair her capacity to prepare a strong defence, but also cast doubt on the legal procedures' legitimacy.
The proceedings against the Christian mother of five are symptomatic of the widespread religious oppression and violent fanaticism that exists in northern Nigeria, where seemingly innocuous comments and the expression of views that should be protected by the constitution frequently become the focal point of religious manipulation by extremists. These extremists take advantage of such incidents to organise extrajudicial mob actions against imagined victims.
When a mob action fails to achieve the desired result, an insidious alternative is pursued. Long-drawn-out trials, characterised by tactical delays and protracted legal proceedings, are used to thwart fair trials of the accused. Many of these cases stretch on without a conclusion, leaving victims like Ms Jatau in prison without a verdict of guilt. These people are forced to suffer prolonged periods of uncertainty, worsening their already serious problems.
Religious fanaticism remains a source of concern for observers and professionals in northern Nigeria. The situation at hand is one of a complex social milieu in which passionate Islamic religious beliefs are at the heart of a sequestered area of a secular state that is frequently violently inflamed. This problem is exacerbated by difficult socioeconomic circumstances that give fertile ground for fanatical beliefs to take root and develop.
This intricate interplay is further complicated by the junction of politics and religious beliefs. An illustrative case is the behaviour of renowned opposition figure Atiku Abubakar, who erased online comments criticising Ms Samuel's death in response to social media pressure from fanatics. The zealots predicted that his stance on the issue would cost him votes in the north.
This pattern highlights what could be regarded as the political need of retaining religious fundamentalist strains at the expense of social sanity and harmonious cohabitation. Many times, critical areas of society become victims of this posturing, with even the court system being a tool for perpetuating injustice rather than a stronghold of justice.
Prolonged incarceration of persons without a resolution to their cases creates serious human rights issues, particularly when religiously motivated allegations are involved.
Since 1999, Bauchi State has been one of the twelve northern Nigerian states to incorporate Sharia law into their criminal justice systems. This legal framework, based on Islamic values, has become a subject of conflict, particularly in recent years, since individuals in various northern regions face harsh penalties, including lengthy jail sentences and even death, for alleged offences considered offensive to Islam.
In Kano State, a shari'a court sentenced 13-year-old Omar Farouq to ten years in prison in 2020 for blasphemy. Simultaneously, Yahaya Sharif, a 22-year-old artist, was sentenced to death that same year for posting a song with allegedly filthy lyrics on social media. Farouq's case drew international attention, leading to his eventual exoneration and release the following year, following pleas, most notably from the international community and appeals to then-President Muhammadu Buhari.
Farouq later departed the country, while Mr Sharif remains imprisoned until his case is heard by the Nigerian Supreme Court.