The story of Anayo Anusiem, who is crying for justice from Owerri Prison, Imo State, is one among the many that have left indigenes languishing in detention, and which Assistant Politics Editor, DANIEL KANU, writes that the court and all crusaders of justice must not disregard.
Anayo Anusiem, from Okwu Nguru of Aboh Mbaise Local Government Area, Imo State, has been in detention for five years now since 2011 for alleged armed robbery. He was arrested for alleged robbery of a Toyota Corolla salon car of Mr. Charles Osuoha (former Chief Magistrate in Okigwe High Court, now Deputy Registrar, Imo State Judiciary) on December 15, 2010.
The graduate of Mass Communication from Imo State University (IMSU) told TheNiche that he had continued to suffer the injustice, the denial of his human right, from Owerri Prison, Imo State, because he does not have anybody or money to hire a legal team to defend the scandalous allegation against him.
He is appealing to the Chief Justice of Nigeria, the Chief Judge of Imo State, human right organisations and all well-meaning Nigerians to step into his case.
Anusiem said the young lawyer that opted to defend him, M.B.E. Nwaigwe, had been unduly intimidated at court proceedings because of interests at play.
Amid sobs, Anusiem swore that “if it is finally discovered or established that I was part of the alleged robbery incident of Mr. Charles Osuoha’s official car which I have been roped in, or any robbery incident since I was born, I will want the court to sentence me to death.”
It was gathered that the suspect toiled to see himself through higher institution because his parents could not cater for his educational needs.
“Most times I engaged in cutting the hairs of fellow students on campus, aside other menial jobs which I did, to make ends meet. It is sad that I am dying gradually in detention in my state, my country, without getting justice because Mr. Osuoha and some of his legal colleagues, after discovering there was no evidence, no case against me, simply abandoned me in detention to save face.
“Please let human rights lawyers, rights organisations and activists intervene in my case before I die in this Owerri detention camp. I know that God who sees in secret will vindicate me. God is my witness.
“Please let my state governor, Anayo Rochas Okorocha, who incidentally shares first name with me intervene. Let good spirited Nigerians who are averse to injustice look into my case and respond to my humble cry.”
How it all started
According to Anusiem, problem started on November 18, 2011 when he was coming out from GTBank Ikenegbu branch, Owerri, with five of his friends when Mr. Osuoha alerted the Police on guard that he was among the three armed robbers, specifically the motorcyclist, that carried the other two to steal his car with registration number IMSG 94 on October 15.
Osuoha’s identification mark of him, according to Anusiem, is that “one of the boys that robbed him is short and fair in complexion with cat eyes and that I fall in such category. This is a case of mis-representation and I am dying instalmentally in detention.”
Anusiem has expressed the fear that the way the case is going, even with no evidence, he may be forgotten in detention, appealing to Nigerians as well as the international community to see to his case.
All efforts to facilitate the speedy hearing of the case, it was gathered, has always been frustrated. The last time Anusiem was taken to court was on July 30, 2015 and was given April 6, 2016 as next adjourned date – nine months.
Again, the case was transferred to Iho High Court in the state, but the judge in open court declined to hear the case after plea, admitting that he would be biased for personal reasons: That the PW.1 (Charles Osuoha) and complainant is his friend, a former fellow Magistrate, to whom he, as Chief Registrar, assigned the car that was stolen; that he could not deal with the matter without convicting the accused and that his conscience would not be clear.
Investigation on the case against Anusiem by the State Intelligence Bureau (SIB), Nigeria Police Force, Owerri, Imo State Command, has not been able to pin any evidence against Anusiem.
Relations comment
Already, Anusiem’s wife, Glory, in a letter dated January 28, 2016, to the office of The Chief Judge of Imo State, through The Attorney General/Commissioner for Justice, has pleaded that her husband be released, as she claimed that the case against her husband “is baseless with unsupported allegation”.
Madam Anusiem lamented that, with their two children, the suffering she had passed through without her husband was horrifying.
She doubts that her letter would be delivered to the state Chief Judge, as she suspects foul play in the handling of the case”.
In her letter, ‘Man’s Inhumanity to His fellow Man: Appeal for your kind intervention’, she lamented that she and her two little children (one was born at the time the father was arrested) had been denied the security of the man of the house for the past five years.
Her letter read in part: “May I, the wife of Anayo Anusiem, with our two children waiting patiently for their father who has been standing trial for the five past years over a frivolous, unsupportable and baseless allegation of armed robbery, plead that you kindly intervene in my husband’s ongoing nightmare.
“We were told on the pages of newspaper and all over the news that the court is the last hope of the common man. I am beginning to wonder; my husband was arrested on November 18, 2011 and arraigned in 2012 over a case he was not part of, and till date no evidence has been established to implicate him.
“Sir, I have two children for Anayo who are calling, yelling and hoping to see their father one day, who is suffering over what he knows nothing about. My first son was two years when they arrested my husband, their father; now he has stayed five years not seeing his father.
“Since these five years, the complainant has been keeping my husband in custody, suffering me and the children unnecessarily; feeding has become a big problem, shelter a nightmare, let alone education and other necessities of life.
“Please sir, I appeal to you to come to our rescue and save my life and that of my children. We are suffering so much. Please release my husband, let the complainant come and say it is my husband that stole his car with proof than keeping my husband permanently in custody. My husband is not even a petty thief not to talk of armed robber. I can always attest to his integrity, good character and other esteemed virtues.”
TheNiche gathered that since Anusiem was clamped in detention, his aged mother, Bernadette, has been sick due to the absence of his son who is believed to be her major sustainer since the death of her husband.
Anusiem’s elder brother, Onyebuchi, is equally peeved the way the case is being handled.
In a letter he also wrote for the attention of the Chief Justice of Imo State, he noted that the matter was being handled with levity while his brother “roasts in detention”.
Part of the letter reads: “The truth of the matter remains that we filed application for bail in his (Anayo Anusiem) one year in incarceration/arraignment and that was the time Director of Public Prosecution (DPP) served him information as to bounce the motion in a case of mis-identification, but it may interest you to note that the DPP has been unable to prosecute the matter till date.
“My younger brother now lavishing in prison is known to deal in oil and gas. He is legitimately married with two kids and had never in life been involved in any action of criminality.
“In one of the court sessions that was adjourned, my brother took plea as a case de novo, no complainant, no witness and the then Chief Judge viz Honourable Justice Benjamin Njamanze asked the state counsel why he was still keeping the accused (my brother) in prison, whereas the Police witness did not write incriminating report against Anusiem.
“With utmost respect, my Lord, and in view of all the stated facts, I urge your exalted office to wade into this case that has lingered so long without due process of the law. Justice delayed is justice denied. I rest my case while waiting for your urgent intervention, sir.”
Lawyers lament case
Some of the lawyers who spoke to TheNiche cautioned the court to, at all times, to strive on the part of justice, rather than bring the hallowed chamber to disrepute.
The lawyers all agree that still keeping Anusiem in prison for over five years, whereas the Police witness did not write any implicating report against him, is a sad commentary.
Anusiem’s case is similar to that of Stephen Anoruo who has spent over seven years in the same Owerri Prison for alleged kidnap and armed robbery.
Anoruo, a transporter before he was arrested in 2008, told TheNiche that he was set up by his debtor who ostensibly intended to keep him out of circulation, to evade paying the debt. Investigation revealed that inefficient judiciary in the state has made so made case linger, and left about 2,000 inmates, both the guilty and innocent, sardined in the facility that was meant for less than 500 inmates.
Police investigation
Investigation on the case against Anusiem by the State Intelligence Bureau (SIB), Nigeria Police Force, Owerri, Imo State Command, is quite revealing and even vindicates Anusiem.
So far there seem to be no shred of evidence against him going by the intelligence bureau report and still he is being left illegally to languish in detention.
Some of the findings of the investigation at TheNiche disposal are:
• That the vehicle licenses and other documents recovered in the house of the suspect (Anusiem) have no corroboration to the fact in issue.
• That the craven, quest or anxiety by the complainant (Charles Osuoha) had been suppressed and demystified because of the period, hence a clear sense of judgment.
• Consequently, the burden of proof still lies on the complainant as there has not been any corroboration to substantiate the allegation on the identified suspect, Anayo Anusiem.
