HELPING HON. MARK IGBILLA UNDERSTAND HOW AMERICAN JUDICIAL SYSTEM WORKS:

By Perry Chubu

For some personal reasons, I have refrained from commenting on any political issue in Benue state lately. Not even when the the news broke that some Nigerian legislators were indicted for soliciting for prostitutes in the US where I also liv,e was I willing to offer my two cents.


As hurt and pained that at a point the country was suffering from serious economic and image issues in the eyes of the world, some unscrupulous elements who should know better would foolishly add salt to injury, I still refused to say a word.

But since the alleged culprits (Honorables Gololo, Ikon and Mark Igbillah) won't stop perpetuating these insults: wrapped in the cloak of a terse, feeble, puerile and incoherent denials or rejoinders on our sensibilities ever since the news broke, it becomes imperative for me to point out certain facts about the American judicial system Hon. Mark IGBILLA may not have been aware of. And I while I seek to shed light on these issues, I must also leave a caveat that am not lawyer neither was I trained in that field but I also do not need to be one to write an expository piece on plain and common trends in the American judicial system, that one can glean from merely watching investigative, forensic and crime documentaries abound on YouTube, Netflix etc which happens to be also a favorite pastime of mine.

In the letter written to the speaker of the Nigerian lower legislative house, the ambassador of US to Nigeria James Entwistle had reported thus: “The U.S. Mission took pains to confirm these allegations and the identities of the individuals with the employees of the hotel in Cleveland".

THE NOT SO ROBUST (APOLOGIES TO PASTOR FATOYINBO OF COZA) REJOINDERS
However, In the ensuing rejoinders by the affected lawmakers, Hon. Ikon had submitted that they did not go to the hotel with their personal cars, so it is impossible for them to have come in contact with car park attendants while Hon. Mark Igbillah called it "an affront on the national assembly" and demanded for video evidence.

For anyone familiar with car parking service or valet parking as they are called in America, they do not station themselves in the car park even though the name implies so but at the entrance to a hotel or such facility that they are meant to serve. Therefore is nearly impossible for patrons like Hon. Ikon not to have come in contact with them as he made his way into his lodging.

Early this year, my car was stolen in front of my house while I slept. Almost everyone who called from Nigeria to sympathize with me wanted to know if there aren't close circuit cameras or CCTVS everywhere, such that can lead to the quick apprehension of the suspects. I didn't blame them because we feed so much on what western media transmit to our Shores that we sometimes feel detached from reality. I suspect, it was in this vein that Hon. Igbilla hinged his denial on the demand for a visual piece of evidence.

MOTIVE AND OPPORTUNITY
The American judicial system hardly ever convict anyone if there's a shred of doubt as to their motive and the opportunity to carry out the crime they are being accused of. This is where solid and air-tight alibi comes in handy for an accused. The prosecution must first prove the beyond any reasonable, the reason you would want to commit that which you are being accused of. Then whether you had the ability and opportunity to carry out that motive of yours. Anything short of this would likely end in an outright acquittal or hung jury. In the case of the valet attendants who identified these Honorables, there's nothing to gain from this. Had they been Nigerians, the likely submission of these men of untamed libidious craving would have been a "political witchunt" or "handiwork of my political enemies". Unfortunately for them in this case, they can't advance such ridiculous reason in this matter as the said attendants have no interest whatsoever in the political affairs of Nigeria. Worse still, the lawmakers are of both the APC and the PDP fold so Buhari can't be blamed on this one. On the other hand, these men had both the motive and the opportunity to solicit for prostitutes.

CIRCUMSTANTIAL EVIDENCE
For the knowledge of Hon. Mark Igbillah, the American judicial system has been convicting people on the strength of circumstantial evidence, when the crime scene investigators are unable to lift physical evidence on the scene such as blood, fingerprints, hairs, shoe prints etc since time immemorial. A common practice is the use of composite sketch: a drawing by an artist mirroring the description of the victim or the witness of the suspect. And believe it or not, it has been very effective in apprehending fleeing suspects. A physical or pictorial identification such as the type used in fishing out these randy men is even a bigger plus to the cause of the investigation. Now even if the video is eventually presented, there's likelihood that it would be devoid of an audio as most of these CCTVS do not have the capacity to do such, then another around of fresh argument would ensue.

THE REAL LOSERS
For those with a little hint as to how our legislative houses function with regards to such matters, this issue already appears to be heading under the rug as its the norm. Mark Igbillah's tactful attempt to curry the sympathy of the house by claiming it was "affront" on the legislative institution by the US government was to preempt the possible outcome. But one thing is certain, if the house chooses to do a shoddy job and let these randy men who have brought shame unto themselves and the nation, they will have themselves to blame. As stated by Mr. Entwistle, this behaviour is likely to affect the participation of Nigerian legislators at future fora in the US. Meanwhile, the said lawmakers have already lost the opportunity to ever travel to the US again.

THE HYPOCRISY BACK HOME
There's a common saying in Benue that the life of a Tiv man revolves around "kwagh uyan, kwagh uman and kwagh Ukpaan". While this position is subject to debate, it somewhat reflects the general life of a typical Nigerian especially one with the means. Thousands of female hotel workers are being groped or sexually molested in our hotels everyday by those we look up to as role models and they dare not report it to the manager let alone the police especially if the guest is a politician with a deep pocket.

And as if to make matters worse, hardly is a rape victim in Nigeria ever innocent in our depraved minds. She must have dressed provocatively to have warranted the rape is one of the most common sayings in our society.

I tell you on a good account that all it takes for the much maligned presidential ambition of Donald Trump to come to an abrupt end is one single allegation of rape or adultery. Sadly, few of our politicians can boast of this.

When did we degenerate into this state of sexual predators, who only see the women folk as preys to be feasted upon? And while the men can be understood even if not forgiven, the women like my respected friend Wan Torkwas who have supported these men even in the face of these weighty and damning allegations have done the women folk no good and they must take caution before the chicken comes home to roost.

For Mark Igbillah and co, a demand for a visual evidence is just one of the peripheral issues in making a defence case and does not render the prosecution's case useless. In fact, his infantile position is tantamount to an arrested robber denying culpability because he was not caught at the point of theft. He can do better. I insist.


Perry Chubby is based in USA and works with the US Army.