Tag: Criminal cases

  • ‘We’ve raised the bar of proving criminal cases beyond reasonable doubt’

    ‘We’ve raised the bar of proving criminal cases beyond reasonable doubt’

    Lagos State Governor, Mr Akinwunmi Ambode, has said the world class DNA and Forensic Centre unveiled recently in the state will eliminate the question of proving criminal cases beyond reasonable doubt.

    He said with this development, it would no longer be possible for criminals to escape justice due to lack of evidence.

    GovernorAmbode said this at the conference of Network of Justice Reform Team put together by the Federal Justice Sector Reform Co-ordinating Committee (FJSRCC) in partnership with the Lagos State government, British Council and European Union through the Rule of Law and Anti-Corruption Programme (RoLAC).

    He said aside other beneficial functions, the centre, which is the first of its kind in West Africa, was designed to make Nigeria join the league of advanced countries, using a more scientific-led investigation technique, thus raising the bar of establishing unquestionable evidence in prosecuting criminal cases.

    “It is in fulfillment of these promises that the first DNA and Forensic Centre was commissioned to embrace a more scientific-led investigation technique and raising the bar of “proof beyond reasonable doubt” in prosecuting criminal cases,”he said.

    The  governor, who was represented by the Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, reinstated the commitment of his administration to social development, improvement of justice dispensation and maintenance of law and order in ensuring that Lagos works for all.

    He said this has become necessary in view of  over 21million population and owing to the cosmopolitan nature and diversity of Lagos.

    He said:“Our success as a government lies more in our continuous collaboration with stakeholders in the administration of justice to achieve our goals and realities of an efficient justice delivery system.

    “Our administration, to a large extent, has addressed the issues of delayed justice through the establishment of Office of Public Defender (OPD), Citizens Mediation Centre and the innovative multi-door arbitration system of justice where numerous persons regardless of gender, status, ethnic or religious grouping are beneficiaries. We have continued to enhance the judicial process in the state in terms of improved welfare for judiciary and put in place state-of-the-art-infrastructures.”

    While charging participants which included judges, states‘Attorneys General of the Federation, lawmakers, among others to come up with significant reforms that would benefit the citizenry nationwide, Governor Ambode said the state government was willing to collaborate with stakeholders in the justice sector to explore the opportunities of the Lagos DNA and Forensic Centre to make Nigeria a safe place to reside and do business.

    Also speaking, Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, Mr Dayo Apata said the Federal Government was in the process of amending the Police Act, which had been in existence since 1948 to reflect current realities.

    He said aside the Police Act, the government was also in the process of implementing reforms designed to decongest prisons in the country.

    To underscore the commitment of the present administration to reform the justice sector, Apata disclosed that a National Policy on Justice, which is the first of its kind in Nigeria, was recently adopted in collaboration with key stakeholders, adding that by the development, the country can now boast of a policy that declares the collective aspiration for the justice system.

    He said the policy also provides blueprint which outlines the various reforms desirable in the justice sector to engender smooth, fair, just and transparent administration of justice system.

    According to him, “aside the judicial reforms, presently, the Federal Ministry of Justice is also engaging in police reform. “As at today, we are trying to work on the Police Act, which we have been using since 1948 or thereabout.

    “Presently, also, the Ministry is working on the prison reform. The Attorney-General of the Federation has just constituted a working group that is looking at the prison reform in Nigeria headed by the Chief Judge of the High Court of Federal Capital Territory (FCT), who is equally passionate about the issue of prison decongestion.

    “At the moment, the Federal Ministry of Justice is pioneering the trial of Boko Haram suspects, who have been there for the last four to five years and we have already commenced their profiling,” Apata said.

     

     

  • IG to police chiefs:  handle criminal cases diligently

    IG to police chiefs:  handle criminal cases diligently

    Inspector-General of Police (IGP) Ibrahim Idris has warned Police Commissioners and other top officers to conduct themselves professionally and handle criminal cases diligently.

    Idris, who gave the warning while addressing Deputy Inspectors-General of Police (DIGs), Assistant Inspectors-General of Police (AIGs) and Commissioners of Police (CPs) at a conference at the Force Headquarters in Abuja, said any act of misconduct could throw them out of the force.

    “I expect the highest standard from you. Don’t let anybody buy your conscience. Hold your own, I want you to be very professional,” the IGP urged them.

    Idris, who assured that the Federal Government was ready to address the challenges facing the Force, urged the personnel to change the public perception of the Force and live up to expectation.

    He advised them to be very civil in relating with members of the public and respect their socio-cultural values.

    Idris ordered them to embrace the “Change begins with me” slogan and ensure that no money was collected from members of the public for bail.

    The police boss warned that any senior policeman found engaging in any form of corrupt practices would be punished accordingly.

    Idris said the era of bribery and corrupt practices in the police circle was over.

    He cautioned against illegal investigation of cases, unlawful detention of suspects and prolonged detention, urging them to always respect human rights in the course of conducting investigations.

  • Legal Aid Council completes 316 criminal cases in Oyo

    The Legal Aid Council in Oyo State says it successfully completed 316 criminal and civil cases in 2016.

    The State Coordinator, Mrs Olufunmi Eyitayo, said this on Friday in Ibadan while speaking with the News Agency of Nigeria (NAN).

    Eyitayo said that the council received a total of 388 and 73 criminal and civil cases applications respectively in the year under review.

    “Inspite of a shortage of staff and financial constraint majorly due to the recession, the council was able to successfully complete 280 criminal cases and 36 civil cases respectively out of the applications received in the previous year.

    “The council was established in 1978 and since its inception, 5,276 out of almost 6,000 criminal cases that were received have been duly processed and completed,” she said.

    The state coordinator, however, revealed that only seven lawyers were attached to the Oyo State Office to cater for all the 33 local government areas in the entire state.

    “Inspite of the shortage of staff, we do not relent in our efforts to ensure that those that cannot afford the services of a private lawyer have access to justice, due process and legal representation.

    “Each legal aid officer handles at least 60 cases per year to ensure that free, qualitative and timely legal aid services are provided for the indigent,” she said.

    She said the council also encourages mediation and out of court settlements whenever possible to ensure speedy dispensation of justice.

  • Customary courts to handle criminal cases, says Lagos CJ

    The jurisdiction of customary courts in Lagos State is soon to be expanded to cover some aspects of criminal cases, the Chief Judge, Justice Olufunmilayo Atilade, said yesterday.

    Justice Atilade said a bill to this effect is now before the House of Assembly. She added: “It will soon be passed. Once it is passed and signed into law by the governor, it becomes a legal instrument and the enabling law in that regard”.

    She spoke while opening a two-day workshop on the “Application of Criminal Procedure at the Customary Court level for Customary Court Presidents and Judges” held at Amber Residence, GRA, Ikeja.

    The Chief Judge, represented by Justice Kazeem Alogba, noted that presently, customary courts’ jurisdiction is limited to trials of offences against local government bye-laws including marriage dissolution conducted under customary laws, guardianship and custody of children among others as enunciated in Section 16 of the Customary Court Law Cap C19, Laws of Lagos State, 2003.

    She said the new approach being made for customary courts to adjudicate on some aspects of criminal matter is geared towards ensuring greater access to justice at the grassroots.

    She said it was also to relieve the magistrates’ courts of certain cases that are best handled at the customary court level.

  • AGF seeks takeover of high profile  criminal cases from EFCC, Police, others

    AGF seeks takeover of high profile criminal cases from EFCC, Police, others

    Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami (SAN) has directed prosecuting agencies to compile list of “high profile criminal cases” they are prosecuting for transfer to a special committee.

    Malami, a few months ago, constituted the c National Prosecution Coordination Committee (NPCC) with a brief to assume prosecution of some identified “high profile criminal cases” being handled by prosecuting agencies.

    The minister said the committee was constituted to ensure “smooth and prompt” prosecution of such cases.

    The directive for the agencies to compile the list of such pending cases was announced yesterday in Abuja at a meeting with heads of the prosecuting agencies and representatives of the AGF.

    The agencies at the meeting are: The Police, the Department of State Services (DSS)), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices & other related offences Commission (ICPC) and the Federal Inland Revenue Service (FIRS).

    Minister’s  spokesman Salihu Isah, said in a statement yesterday that the directive by the minister was communicated to heads of the affected agencies by the Special Assistant to the President on Research and Special Project, Sylvester Imhanobe, who is also the Secretary of the NPCC.

    He said while it was the prerogative of the AGF to determine what case pass as high profile, other criteria to be considered include that such a case “must have overriding public interest elements,” and that “the quantum of value of a case and its sensitivity also influences whether a case is a high profile case or not.”

    Isah said members of the committee are mainly his aides as well as eight external members selected on the basis of experience and expertise, stressing that Heads of Agencies are not part of the NPCC due to their busy schedule.

    He said the decision to exclude heads of the agencies was not to distract the Heads of these agencies, but rather to engender smooth synergy between the committee and the agencies.

    The Special Assistant to the President on Coordination and International Affairs under the Federal Ministry of Justice, Mr. Pius Oteh who chaired the meeting, reiterated that it was for the purpose of sensitizing the relevant Agencies on the objectives of the National Prosecution Coordination Committee.

    He said the AGF in his wisdom saw the need for coordination and cooperation between the NPCC and these Agencies with prosecutorial and investigative powers.

    He added that it was necessary for cooperation and synergy between the Committee and the Agencies consistent with the mandate of President Muhammadu Buhari in the anti-graft war.

    Oteh said beyond the synergy and partnership between all concerned, a robust interface among the Agencies was necessary, pointing out that the agencies should take their mandate seriously for a more vigorous and efficient prosecution.

    Speaking on the delay in the justice system, Oteh said every stakeholder has a responsibility towards a more efficient and humane criminal justice system.

     

  • Fed Govt issues guidelines on prosecution of corruption, other criminal cases

    In a bid to ensure prompt and successful prosecution of corruption and other criminal cases, the Federal Government has issued directives and guidelines to aid prosecutors handling such cases.

    The directives and guidelines are contained in a document – National Policy on Prosecution, which also includes  Code of Conduct and National Guidelines for Prosecutors – released by the Minister of Justice and Attorney General of the Federation (AGF),  Abubakar Malami (SAN).

    The National Policy on Prosecution (NPP) prescribes statements of good values, best practices and a guide towards rendering efficient, effective, accountable and professional prosecutorial services.

    The Guidelines for Prosecutors sets out terms and principles guiding the initiation and conduct of prosecution, and gives general guidance to prosecutors on the factors to be considered at different stages of prosecution to ensure that a fair, reasonable and consistent policy underlies the prosecution process.

    Code of Conduct for Prosecutors (CCP) contains specified guidelines aimed at promoting best practices among prosecutors.

    The NPP also contains among other provisions, detail procedure for the execution of plea bargain agreement, enhanced room for the exercise of professional discretion by prosecutors and improved security and remuneration for prosecutors.

    Special Assistant to the President (Prosecution) Okoi Obono-Obla said the NPP is essential in providing consistent, uniform and credible framework for improving cooperation, enhancing expertise and capacity of prosecutors.

    In an explanatory note to the document, Obono-Obla said the NPP shall be applicable nationwide, to prosecuting agencies at federal and state levels as well as private prosecutors issued with the necessary fiat.

    He explained that the documents were issued in execution of the Federal Justice Ministry’s Strategic Plan: 2016 – 2019, initiated in furtherance of the realisation of the administration’s major priority of reducing corruption and crimes.

    Obono-Obla said his office and the National Prosecution Coordinating Committee (NPCC), recently inaugurated by the AGF, are intended to ensure the creation of effective prosecution mechanism in view of its importance in the realisation of government’s commitment to the elimination of corruption and the reduction of crime.

    The creation of the Office of the Special Assistant to the President (Prosecution) and the National Prosecution Coordinating Committee to help drive these priorities underscores government’s commitment to eliminate corruption and reduce crime as well as recognition the role effective prosecution play in driving this vision.

    “Further to the task on prosecution is a commitment to strengthening the work of the criminal justice system. We rely on an effective criminal justice system to keep us safe, and maintain law and order, as well as expect the criminal justice system to be unbiased and fair.

    “By working with other criminal justice system partners, the Office of the Special Assistant to the President (Prosecution) will make effort to address inefficiencies in the system as it relates to prosecution. Corruption eats into the character of society and is a plague that this administration is trying to eradicate.

    “In view of this, the Office of the Special Assistant to the President (Prosecution) is adopting a zero tolerance approach in respect of the work of prosecutors, especially those in the Federal Ministry of Justice and agencies under its supervision by monitoring the prosecution of cases.

    “Records of proceedings of cases prosecuted by these categories of prosecutors in courts will be reviewed to ensure procedures were followed in seeking justice. Justice should not be delayed as the adage ‘justice delayed is justice denied’ is valid to the accused and victims of crime,” Obono-Obla said.

  • ‘Why criminal cases are delayed’

    ‘Why criminal cases are delayed’

    DELAYS in criminal cases should be blamed on the lack of mechanised equipment and technical support, such as recorders and fast writers, for judges to move as fast as is desirable, former Supreme Court Judge George Oguntade has said.

    Justice Oguntade, who spoke yesterday in an interview, said the judicial process was not an easy process, adding that the accused and the prosecution must be given every opportunity to put across their facts.

    But unfortunately, all we have are manual means of judges writing with pens and papers.

    He faulted the poor remuneration of judges, describing their salaries as poor and frustrating.

    Justice Oguntade said: “Even I as a retired Supreme Court judge, I cannot conduct my life on pension, because if I do I will not be able to survive. So I have been forced to re-enter law practice in one form or the other. Life is hard for these judges and it is not good for us to just keep blaming them.”

    On erring judges, he noted that anyone caught faulting should be dismissed.

     

  • NBA wants lawyers to handle criminal cases in courts

     

    The Chairman, Nigerian Bar Association, Ibadan Branch, Mr. Oluseun Abimbola, has reiterated the need for lawyers to take over the prosecution of criminal cases in magistrates’ courts to ensure speedy trials.

    Abimbola told the News Agency of Nigeria in Ibadan that the practice of police prosecution of cases was inherited from the colonialists.

    He, however, said the practice was inadequate to meet modern challenges of the criminal justice system in the country.

    “It is a lot of disservice to have prosecutors who are not lawyers handling criminal cases in the magistrates’ courts.

    “This does not happen in the higher courts because only a lawyer can plead before a judge.

    “For the purpose of a proper job being done in terms of not necessarily the skills alone, but speedy administration of justice, there is no reason why we should still have the police prosecuting,” he said.

    The NBA boss added that the police could prosecute where the counsel were qualified lawyers.

    “Let the police focus on law enforcement and let lawyers focus on prosecution.

    “However, if the police should prosecute, let the police prosecutor be a lawyer. I know that we have sufficient number of lawyers within the rank and file of the police,’’ he said.

    Abimbola urged the police authorities to recruit more lawyers and conduct periodic training to hone their capacity.