Lagos — On Wednesday, February 19, 2003 at about 11.00a.m. a 72-year old Czech citizen, entered the premises of the Embassy of Nigeria in Prague, shot at Mr. Michael Lekara Wayi, a Nigerian diplomatist in charge of consular matters, as well as wounded the 37-year old receptionist in the embassy. Mr. Wayi died immediately. The murderer did not run away, he surrendered himself to embassy guards. He has been under Czech police custody since then. According to the Czech police, "whether this act really was committed by the detained man and what the motive was is now the subject of further investigation."

The killing of Mr. Wayi is most unfortunate, not because he lost his life while on active service, not because of whatever motivation behind the killing, and not even because of the vacuum that will be created in his immediate and extended family, but most unfortunate because of the likely politicization of the crime in Prague and essentially because of the reactive nature of Nigeria's foreign policy protection. Apart from this, the killing raises the limits to which the international responsibility of the Czech Republic can be called to question in international law.

First, who really killed the Nigerian diplomat? As at the time of the commission of the murder, Mr. Wayi was reported to be attending to a 70-year old Czech. Is this 70-year old man different from the other 72-year old assailant? If the subject of investigation of the Czech police was "whether this act really was committed by the detained man...", it is already being insinuated that the detained Czech man cannot at this point, be held responsible for the crime. Agreed. Let us take this as an hypothesis that has to be re-examined in the light of another fact: the murderer submitted himself to embassy guards because the crime was committed within the embassy. Whether or not the assailant is the man currently being detained or it is the 70-year old man who was being officially attended to, the constant fact is that there was at least one Czech citizen with Mr. Wayi and that this Czech citizen was responsible for the killing. Consequently, the Czech police must not fool anyone by suggesting that the assailant is not known.

Secondly, the Czech police said the suspect had been taken to a mental hospital and that the motive for shooting remained unclear. Agreed, however, while the motive for killing may not be clear, any insinuation that the assailant was mental and crazy will not be tenable. Reason: it is on record that the assailant had been a regular visitor to the embassy before the time of assassination. If he was crazy before then, his interlocutors in the embassy should have noticed his mental craziness and therefore put necessary measures in place to control him whenever he visited the embassy. Besides, the assailant is an old man either at 70 or 72 years.

On the specific issue of motivation for the murder, international diplomatic law does not provide for any justification for the violation of the person of a diplomat, even when diplomats engage in activities allegedly perceived to be incompatible with the status of accredited diplomats. The worst any host government can do is to declare any offending diplomat non grata, that is, not grateful and therefore not wanted. Put differently, a diplomat is not to be insulted, or assaulted. He is to be respected. His dignity is to be protected. It is a universal rule that is generally applied on the basis of reciprocity. Thus, the Czech police may have its international responsibility called to question if the killing of the Nigerian diplomat is not efficiently and effectively handled. There must not be any iota of political sentiments in the handling of the case.

Thirdly, there is the problem of contradictory rights of Nigeria and the Czech Republic as regards responsibility to protect. On the one hand, the Embassy of Nigeria is regarded as an extension of Nigerian territory in Prague. To that extent, the embassy also enjoys an exterritorial status, meaning that the local law enforcement agents can only enter the premises of the embassy with the prior consent of the Chief of Mission. In other words, the Czech police cannot be held responsible for the day-to-day security protection of diplomats when they are presumed to be within their own territory. Thus, it is the Nigerian government that owes it a responsibility to protect all persons, including foreigners found in its diplomatic mission.

After the gruesome murder of Mr. Wayi, the problem of who should prosecute the suspect is also raised: is it Nigeria's or Czech's responsibility? If there is no extradition treaty between Nigeria and the Czech Republic, will it be possible to have Nigeria prosecute the case? The ideal thing is to request for the trial of the Czech criminal in Nigeria so that would-be criminals can begin to feel the implication of their dastardly acts. The request will be consistent with the protection of Nigeria's sovereignty. It will strengthen faith in a strong and virile Nigeria. More importantly, it will reassure all Nigerian diplomatic agents that they have full support of Government and people of Nigeria in the official performance of their duties abroad. But, if, for whatever reasons, it is more expedient to have the local authorities prosecute the case, Government must also have its own lawyers always in attendance. There must be fairness and justice. Even if the Nigerian diplomat might have committed an offence, there are many non-violent ways of addressing the offence. If the assailant considered that the Nigerian diplomat had immunity from prosecution, the offended party through the Czech authorities could have asked the Nigerian government to waive the immunity of the deceased. Going straight to the office of Mr. Wayi to kill him, only to surrender to embassy guards is more than criminal premeditation. The killing was an expression of "I don't care attitude", "go to blazes" etc. The Government of Nigeria must therefore respond in clear words that no life of its agents shall be sacrificed at the shrines of Czech criminals, without also paying dearly for it..

Fourthly, the killing of Mr. Wayi further buttresses the unwanted truth that diplomats generally represent the good and the bad in their home countries. Many French, American, British etc. citizens have been killed by opponents of the policies adopted by the governments of these countries. The increasing terrorist actions against ordinary, peace loving Americans outside their homes in America are essentially a protest against US policies in the world.

However, it is yet to register in the minds of Nigeria's foreign policy makers that the activist and leadership roles of Nigeria in world politics constitute a sufficient reason for Nigeria and Nigerians to be direct target of opponents of Nigeria's altruistic policies. Many people simply hate goodness and derive joy in the suffering of others. Nigeria has enormous human and material resources. The Nigerian population is very enterprising and outspoken. It is normal that there are many people and states especially the powerful states who may not want any African nation, like Nigeria, to be in the position where it can effectively challenge the authority of the powerful states. This is why violent attacks can always be sponsored even by powerful states, against the interest of such a country with a rising profile.

At the level of Nigeria, Government has not taken seriously the security of its official agents abroad. Even at the level of the immediate neighbours of Nigeria, the belief is that the independence and sovereignty of Nigeria are not in any way threatened, even with the attendant problems of the dispute over the Bakassi peninsula. Government probably considers that Nigeria's international interests are not under threats, and therefore, there is little need for reinforced security in its missions abroad. This consideration is most unfortunate.

A foreign company that feels maltreated in Nigeria can aid and abet any attempt to undermine Nigeria's interests abroad. That Nigerian diplomats do not settle their social bills . because of poor and irregular funding of our missions, can also warrant violent actions against our diplomats. The easiest way so far of dealing with governments that are perceived unfriendly is to attack their agents and offices abroad. Diplomats are the first targets because they are internationally protected. But to what extent are Nigeria's embassies abroad secure?

Based on the killing of Mr. Wayi in Prague, it cannot be said that our embassies are well protected against foreign intruders. For instance, how did the assailant manage to gain entry into the office of the diplomat with his gun? Why is there no security metal detector in the embassy since most embassies have it because of the rise in terrorist crimes? If there is a metal detector to detect arms and weapons in the embassy, why was the gun used for the killing not detected?

Indeed, Nigerians at home and abroad are little or not security conscious. In the mentality of many Nigerians, the mere fact that an individual visits an officer regularly in an embassy may suffice not to subject the visitor to security checks. Even when the visitor is checked, he may report the security officer for checking him. In Nigeria, foreigners can be more powerful than the Nigerians. It is in Nigeria that foreigners are assisted to break Nigerian laws.