Tag: criminal

  • The making of the criminal: nature or nurture?

    The making of the criminal: nature or nurture?

    • By Ben Ijeoma Adigwe

    There is an age-old debate by scholars about the origin of criminal behaviour, whether it is nature or nurture.

    In other words, is it the genetic makeup of a man that makes him a criminal or the influence of the environment that he grew up in?

    Is the criminal made or born?  Even the natives of Africa in our villages recognise an aspect of this controversy.

    Instances abound where people observe that certain traits like stealing and prostitution run in certain families. There is a traditional adage that says: “You don’t tell an old rat to stop stealing. You only advise him to steal moderately.”

    This recognises that certain criminal traits are inherent in certain individuals just like stealing is an inherent trait in rats to an almost helpless level.

    My grandmother, Emily Okwumabua, who died a nonagenarian in 2007, once told me of a criminal trial she witnessed in the days of yore, during the colonial period.

    The presiding judicial officer at the trial had to admit evidence of the fact that the woman who was accused of stealing was from a family that had no history of stealing. She was eventually discharged and acquitted.

    In the days of the notorious deadly armed robber from Edo State called Lawrence Nomanyagbon Anini, a young man was among those publicly executed with him by firing squad.

    It turned out that the young man’s two other brothers had at other different times been also executed for armed robbery. The press reported this phenomenon.

    When the estranged parents of the boys were separately interviewed, each denied having stealing in their bloodline and pointed accusing fingers at each other.

    The American Minister and author, Marilyn Hickey, in her book: Break the Generation Curse, related what she termed a true story of two American families:

    “Max Jukes was an atheist who married a godless woman. Some 560 descendants were traced: 310 died as paupers, 150 became criminals, seven of them murderers, 100 were known to be drunkards and more than half of the women were prostitutes.

    “The descendants of Max Jukes cost the United States government more than $1.25 million in 19th-century dollars.

    “Jonathan Edwards was a contemporary of Max Jukes. He was a committed Christian who gave God first place in his life.

    “He married a godly young lady, and some 1,394 descendants were traced: 295 graduated from college, of whom 13 became college presidents and 65 became professors, three were elected as United States senators, three as state governors, and others were sent as ministers to foreign countries; 30 were judges,  100 were lawyers (one the dean of an outstanding law school), 56 practised as physicians (one was the dean of a medical school), 75 became officers in the military, 100 were well-known missionaries, preachers and prominent authors.

    “Another 80 held some form of public office, of whom three were mayors of large cities. One was the comptroller of the U.S. Treasury and another was vice president of the United States.

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    “Not one of the descendants of the Edwards family was a liability to the government!”

    The “Nature” school of thought in determining the root cause of crime posits that biological factors are the cause of criminal behaviour; and that one’s genes do play a prominent role in criminal behavior.

    A study conducted in Denmark and Sweden showed that a biological background exists for criminal behaviour.

    The study conducted on a large Dutch family in 1993 found a point mutation in the structural gene for monoamine oxidase A (a neurochemical in the brain) which was associated with aggressive criminal behaviour among the males in that family.

    The males were reported to have a selective deficiency of that neurochemical which can lead to decreased concentration of 5- hydroxyindole-3-acetic acid in cerebrospinal fluid – thus suggesting that genetics plays an important role in antisocial or criminal behaviour.

    An also low incorrect level of the chemical serotonin and dopamine in the brain has been found to be associated with impulsive and emotional aggression.

    A professor of sociology some time ago at his inaugural lecture at the University of Benin, Nigeria stated that research has shown that there is a very low level of a certain vitamin in the body of thieves. He argued that there was thus a hereditary component in criminals.

    Until the early 20th century, all attempts to explain criminal behaviour pointed to the theory that it was biological.

    Later, by the end of World War 2, the biological theory was challenged by the second school of thought who said that it is nurture, the social environment that is the main reason why individuals commit crimes.

    They say that environmental factors such as parenting, abuse, poverty, discrimination and unemployment account also for crimes.

    Family studies that were conducted show that one could be predisposed to criminal behaviour as a result of inheritance, but the same person’s conduct and personality could still be modified by the environment.

    Research shows that children who are neglected or abused in childhood are at 50 per cent greater risk of engaging in criminal acts.

    Also, involvement with peer groups that are antisocial or delinquent can lead to criminal behaviour.

    Some time ago, news had it that in California, in the United States of America, a survey was carried out on the inmates of a prison by researchers and it was discovered that down to a person, each of those prisoners who were there for a violent crime were all abused as a child.

    The erudite then Chief Judge of Delta State, Nigeria, Hon Justice Marshall Umukoro, during the 2017 prison visits in an interview restated his earlier observation at the 2016 prison visit that most of the inmates were found to be products of broken and dysfunctional homes.

    The great Dr. Nelson Mandela, a jurist in his own right, in his autobiography A Long Walk to Freedom stated that he believes that it was nurture that makes the criminal and not nature.

    I beg to disagree with that great learned jurist in so far as he relegates the contribution of nature to criminal behaviour.

    The general consensus now is that it is a combination of both biological factors and social environment that makes us who we are today.

    Twins, adoption and family studies have revealed the interplay of genes and the environment.

    If individuals with criminal genes are exposed to the right environment, then their chances are greater for engaging in criminal or anti-social behaviour.

    What we now have is what is known in criminology as the biosocial model- recognising that social considerations regarding criminal activity also act on biology.

    Crime is viewed now as a combination of both biological and environmental factors. Genetic disposition and environmental factors are intertwined.

    There is evidence that the expression of genes is influenced by a wide variety of environmental factors.

    A possibility exists therefore that disorders relating to such chemicals as serotonin and dopamine could be caused by stressful environmental situations.

    What these studies point out is the fact that these people should be treated and rehabilitated rather than our being too judgmental against them.

    Our Justice and prison system should be more corrective in approach rather than being just punitive institutions.

    This could be the reason the Nazarene was very particular in the way we treat convicts, equating their right treatment with a passport to heaven.

    According to Adrian Raine, a psychologist at the University of Pennsylvania: “If we want to stop crime, if we want to be able to understand the causes and develop treatment programmes to attack the causes, we really need to understand all the pieces.”

    Essentially, the Judgmental aspect should be downplayed as the Master advised. Given the same genes and environment, these criminals have and face, anybody is capable of being a criminal.

    The Mafia is reported to have said that given the right conditions, any man can be a thief. The immortal Abraham Lincoln believed that “ No man was to be eulogised for what he did: or censured for what he did or did not do because all of us are the children of conditions, of circumstances, of environment, of education, of acquired habits and of heredity moulding men as they are and will forever be”.

    •Read more about Adigwe, a lawyer, poet, chartered mediator/conciliator and author, at benadigwe.com

  • JSF bursts criminal’s camp after razing monarch’s house

    JSF bursts criminal’s camp after razing monarch’s house

    …recover bombs, other materials

    The Joint Security Forces (JSF) in Anambra State, has recovered three unexploded bombs and other dangerous materials in the camp of criminal elements in the state.

    The operation came after the burning of one of the traditional ruler’s house in one of the communities where the secessionists camped.

    The operation took place Saturday morning at a criminal camp in Ihiala, while the building of the monarch was burnt on Friday.

    Some of the communities in Ihiala Local Government where the hoodlums have taken over include, Lilu, Mbosi, Isseke, among others.

     The joint security team comprising police, army, navy, and vigilance group, recovered three unexploded improvised explosives, two abandoned vehicles, copper wires, fuel, and other incriminating materials.

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    Police Public Relations Officer in the state, Tochukwu Ikenga, who confirmed this Saturday morning, attributed the success to gathered intelligence.

    He said Commissioner of Police Nnaghe Itam had praised the operatives, reassuring the public of the police’s commitment to combating crime.

    Ikenga’s statement said: “Following the security intelligence gathered over time, the Joint Security Forces in a planned and coordinated operation burst a criminal camp in Lilu, Mbosi and Isseke areas of Ihaila, recover three unexploded improvised explosives, two abandoned vehicles, some explosives materials like copper wires, fuel, and other dangerous materials.

    “The Commissioner of Police Nnaghe Obono Itam while charging the operatives to sustain the tempo of the operations assured the good people of the state, the commitment of the police and other security agencies to continue to dominate and deny the criminal elements the space they enjoy to commit havoc in the State.

    “The Joint Operations is still ongoing and further development shall be communicated,” the command said.

  • Military urged to sustain crackdown on criminal groups

    Military urged to sustain crackdown on criminal groups

    A Civil society organisation, Conference of Civil Society for Peace, Security and National Development (CCSPSND), has asked the Chief of Army Staff (CoAS), Lt.-Gen. Taoreed Lagbaja, to sustain the crackdown on criminal groups.

      It stated that peace, unity and development could not be achieved in an environment of insecurity.

    The group said the CoAS could end insurgency, banditry and other criminality, having served as commander in many theatres of war.

    The CSO said yesterday this in a statement signed by its conveners, Dr. Adamu Muhammad and Mike Msuaan in Abuja.

    The organisation noted the energy Gen. Lagbaja has brought to bear on the fight against criminal elements, describing him as a commander who leads in the front.

    “To motivate the soldiers, the Chief of Army Staff has moved to improve the welfare of the troops and their families through several welfare packages introduced for their benefit. This will keep troops focused on their duty posts,” the statement said.

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    It added: “Under the watch of the Chief of Army Staff, Lt. General Taoreed Lagbaja, the criminal activities of the infamous Indigenous People of Biafra ( IPOB) and the Eastern Security Network – ESN) in the southeast have been brought to an end . The sit-at-home declared by the proscribed group has been stopped through the heightened activities of operation Udoka, in collaboration with other stakeholders in the region.

    This has reopened the region to economic activities and restored normalcy in the region.

    “Soldiers have renewed their onslaught on insurgent BokoHaram /ISWAP leading to the killing of several kingpins, destruction of camps and arrest of many members of the insurgent groups in the regions.

    “The clashes between the herders and farmers in the Northcentral states of Benue, Nasarawa and Plateau has reduced drastically due to the activities of the military.”

    The group commended his efforts and rejigging of the military and called on Nigerians to support the Chief of Army Staff General Lagbaja in his determination to end criminality in the country, stating that the end to the activities of such groups was in sight.

  • Gbam Lotto: it’s criminal for minors to play lotto

    As public interest continues to soar in the Gbam Lotto Instant Scratch & Win games, the dynamic lottery and gaming company, has reiterated the need for anyone below the age of 18 to refrain from playing.

    In an event, an under aged person surreptitiously registered, played and won N100,000 but his age deficit was detected, and the payment stopped. The person was  advised on the need to be law abiding because the consequences of being derelict are dire.

    Its Chief Sales Officer, Segun Macaulay stated the firm has very robust verification processes that enable detection of underage players.

    Interest in the Gbam Lotto Instant Scratch and Win continues to grow just as there is an upsurge in winners. The company is proud to confirm that there has been over 8500 cash win, since launching its online game in May.

    Gbam Lotto is an instant-win lottery company with a unique and easy scratch-and-win proposition. Gbam offers both online play at www.gbam.ng and physical cards play to customers. There are no headaches of lucky number, winning odds, predictions, and anxious waiting associated with draw lotto and sport betting.  Gbam’s promise is simple. Scratch it, win it, Cash it, Instantly; just like that.

  • R-APC’s action criminal, says APC as party defends its identity

    The All Progressives Congress (APC) has accused some of its members who last week announced the formation of the Reformed-APC of committing “several criminal infractions” likely to give “rise to civil injury” against the party.

    It also accused the R- APC of, among others, “coup plotting, impersonation and fraudulent misrepresentation” likely to “breach the public peace and breach of trademark and infringement of copyright”.

    The ruling party asked the legally authorised bodies to take action against those who committed the alleged infractions.

    In a statement by its Legal Adviser, Babatunde Ogala, the APC vowed to protect its name through the appropriate legal means, adding that the action of the Buba Galadima-led members will not go unchallenged.

    The party described those trying to dismember it as exhibiting “manifest desperation of a few overlords who consider every segment of Nigeria their personal property”.

    The party also accused the “rebellious members” of violating the Electoral Act amd the guidelines for registration of political parties by the Independent National Electoral Commission (INEC).

    It added: “The government of President Muhammad Buhari and the leadership of our great party are committed to winning the battle for the soul of Nigeria, securing it from further pillaging by these rent seekers and deliver the dividends of democracy to all Nigerians without regards for tribe, religion and social status.

    “This requires us to cleanse our political process of people who have become accustomed to brigandage and being unruly. Politics and leadership are enterprises that should summon the best in us not expose the worst in us. Let those who are in doubt hear this, APC under the current leadership will work with the leadership of President Muhammadu Buhari to sanitise our political space and we will start with Mr. Galadima  and his group to show that there is no room today for the impunity of old.”

    The party said Galadima misrepresented the facts when Nigerians were made to believe that a new political party had been formed and is, therefore, guilty of fraudulent misrepresentation in accordance with the judgement of the Supreme Court in the case of Ikechukwu Ikpa vs. The state.

    “His very act (as we will show later in this address) taken together with the content of his press statement  were reminiscent of the televised military address issued after a successful execution of a coup de tat which Nigerians had become used to before the advent of this sustained democratic experience. The only difference being that Mr. Galadima was gabbed in civilian attire.

    “Furthermore, other persons purporting to be members of this group have gone to town seeking to validate this unruly conduct and these have necessitated the APC as the ruling party responsible for the protection of our budding democracy to clarify on the legal import of the action of this group as well as confirm to our teeming supporters across the country that this situation is well within our control and assure all that the rule of law must take its natural course in this matter.”

    The party said “for the infringement so far committed by Mr. Galadima and the odium he has brought upon the APC brand, we will be seeking civil redress against his person and that of his group.” “With respect to the criminal aspect of his conduct, we will be notifying the appropriate authorities to do the needful.”

    The statement said Galadima’s press release could be captured under three major issues, which are that:

    *the Party’s convention was improperly conducted by the Convention Chairman as Consensus candidates were only subjected to a ‘yes’ vote in alleged contravention of Article 20 of the APC Constitution;

    *a group of delegates have come together 10(Ten) days after the successful conduct of the APC convention to, in their words, “take control and give legitimacy” to APC now to be known as Reformed-APC (‘R-APC);  and that

    *R-APC whose congresses and convention date is yet to be disclosed already has the full complement of national executives, national working committee, state executives and local government officials in all 774 local governments across the country.

    It said: “On the first issue, it was the culmination of a series of congresses conducted in over 166,000 wards across this country and all the 36 states including the Federal Capital Territory, which produced the delegates.

    “The question of elections within the APC is covered by Article 20 of the APC Constitution. Specifically, Section 20 (1) provides that ‘all party posts prescribed or implied by this constitution shall be filled by democratically conducted elections at the respective National Convention or Congress subject, where possible to consensus, provided that where a candidate has emerged by consensus for an elective position, a vote of ‘yes’ or ‘no’ by ballot or voice shall be called to ensure that it was not an imposition which could breed discontent and crisis’.

    “A clear reading of this provision shows that delegates may consent to a single candidate; however, that consent must be validated/re-affirmed at the convention. This was exactly the case at the convention where candidates who emerged based on consensus had their elections validated and affirmed by voice votes of the delegates.

    “This much was admitted by Galadima in his civilian take-over speech. It is, therefore, worrisome that he goes ahead to suggest that the affirmation process was flawed because only a ‘yes’ question was put to the delegates and not a ‘yes’ and ‘no’ question.

    “So a party is at liberty to choose between two options and exercising only one of both options would amount to compliance with the provisions contained in such a document.

    “On the second issue, which is the claim by the Mr. Galadima that APC delegates have decided to take control and given legitimacy to APC as well as formed the Reformed APC, this only reveals the extent of disregard for our laws and constituted authorities by this group.

    “You have to ask them at what point did they conduct congresses to elect delegates to their Political Party? Or was it the same delegates who conducted themselves in an orderly manner at the APC convention of June 23, 2018 that this group speaks of 10 days after?

    “Does this group realise that political parties are not conjured into existence by wishful thinking, but by careful compliance with the cumbersome process of registration laid out in Section 78 of the Electoral Act 2010? There is no provision for civilian coups in the constitution of APC and any suggestion that their action was carried out in consonance with the APC constitution is as misconceived as it is mischievous.

    “On the third point of the R-APC electing executives across the country, the question to ask this group that claims to be aggrieved because of an alleged breach of a provision in the APC constitution requiring ‘yes’ and ‘no’ voice vote is, where did they hold their own convention?

    “Is it not a requirement of the same APC constitution that positions must be subjected to election either democratically of through consensus? Were the so called executives of this new contraption elected by consensus or by contestation?

    “Have they ever heard of or read the provisions of Section 85 of the Electoral Act? Have they seen the Guidelines for the Registration of New Political Parties 2014? Where officials of the Independent National Electoral Commission (INEC) at their imaginary congress?

    “These are questions that speak to the real intent of this group which is to perpetuate impunity, breach public peace by causing political pandemonium and reap benefits from the vandalisation of our democratic process. But APC will not allow that.”

    Ogala said further that some of the “immediate consequences of the action of Mr. Galadima is that he and his gang (unless those who have disassociated themselves from his Press Release) have committed several criminal infractions as well as given rise to civil injury against the APC, which include impersonation, fraudulent misrepresentation, conduct likely to breach the public peace and breach of trademark and infringement of copy right.

    Ogala said: “Mr. Galadima in his Press Release copiously referred to himself as the substantive Chairman of R-APC, a variant of APC, whilst he knows fully well that there is indeed no such political party in Nigeria.

    “Also, he suggests that he is the substantive Chairman of APC even though he knows that Com. Adams Oshiomhole is indeed the party chairman and Mr. Galadima never contested for chairmanship at the just concluded convention of the APC.

    “In the circumstance, Mr. Galadima has committed the offence of impersonation as defined and punishable under Section 484 of the Criminal Code and the authorities will be requested to do their work in bringing him to account.

    “To the extent that Mr. Galadima continues to perpetuate a falsehood, knowing such falsehood of him forming a Political Party overnight and being Chairman either of same party or APC indeed to be untrue, yet persists for the purpose of gaining either pecuniary or other benefits, he is guilty of fraudulent misrepresentation.

    “Without a doubt, the declaration of Mr. Galadima, if left unchecked, is capable of leading to the public nuisance and a breach of peace across the Country. Our loyal members are already agitated by the incendiary action of this group which runs counter to the beliefs, principles and creed of the APC.

    “This for us is one of the key points of this address. We trust relevant authorities to deal with the criminal conducts of this group. However, as it touches on our brand, we are forced to quickly take steps to protect it from being subjected to erosion by the thoughtless actions of this group.

    “As Nigerians are aware, the coinage APC is both a trade mark and a copy right capable of being protected under the common law principles of passing off as well as under the extant provisions of the Copyright’s Act.

    “Nigerians can only imagine what it would be like if we were to wake up one morning to a bank claiming to the Reformed First Bank Plc or a construction company claiming to be the Reformed Julius Berger Plc formed by a group of its directors allegedly because they disagree with certain decisions taken at the board meeting! This will be viewed as a blatant assault on the brand for which both civil and criminal recourse can be sought.

    “So it is in this case that APC is a brand owned by its teeming members who have invested in the National Executive Committee and other organs of the party with the power to protect this brand from abuse and erosion.

    “We practise a multi-party democratic system and therefore cannot stop Mr. Galadima from forming his own political party if he so desires.

    “Fellow Nigerians, in 2015, we witnessed a seismic event where for the first time in our political history an opposition party defeated an incumbent. We opened our arms to work with all Nigerians because we believe in the inherent goodness of all Nigerians.

  • SANs: invasion criminal, treasonable, condemnable

    Senior Advocates of Nigeria (SANs) yesterday condemned the disruption of Senate plenary by suspected thugs allegedly led by Senator Omo-Agege, saying seizing the mace was a criminal act.

    Former Nigerian Bar Association (NBA) President Wole Olanipekun and a constitutional lawyer Sebastine Hon, both SANs, called for the prosecution of all those involved.

    Mallam Yusuf Alli, Chief Mike Ozekhome, Chief Emeka Ngige, Mr Ahmed Raji and Prof Yemi Akinseye-George, all senior advocates, said the developments were condemnable.

    Olanipekun said: “It’s certainly a dangerous development, which is very threatening, not just to our evolving democracy but also to the entirety of the nation. To me, it’s akin to treason. It makes us a laughing stock in the comity of democratic nations worldwide.

    “We shouldn’t allow history to repeat itself on us this time around, because this was how the infamous ‘fire on the mountain’ episode started in the House of Assembly of the defunct Western region.

    “Those behind this heinous and dastardly act must be apprehended and brought to book, but due process of law should also be followed. They shouldn’t be condemned without hearing, as this is the fashion in Nigeria now.”

    Hon, a renowned legal author, said those who stormed the Senate and removed the mace must be prosecuted.

    “This is a very sad development for our democracy. It seems the government at the centre has lost control, or it’s fast losing control. All Nigerians of good will must rise up to defend this democracy.

    “The suspended senator and his backers must be prosecuted without delay. This is simply intolerable. I condemn this dastardly act without mincing words,” Hon said.

    Ali said the development showed the kind of leaders Nigeria has.

    “If it’s true that a senator led hoodlums to steal the mace, which is the authority of the Senate, then our collective resolve to live as decent and civilised citizens is undermined! It speaks volume for the quality of leaders our system threw up in 2015!” Ali said.

    Ozekhome described incident as a “crude and barbaric” invasion of the hallowed Senate chambers, saying it was the civilian equivalent of a military coup.

    According to him, no democracy was complete without an independent legislature, in line with the principle of separation of powers, so as to prevent dictatorship.

    Ozekhome said Omo-Agege had no business in the Senate having been suspended, adding that the mace that was taken away was “a sacrosanct symbol of authority, integrity, dignity and power of lawmaking in the Senate.”

    On why he suspects executive collusion, he said: “For these hoodlums to have taken the mace out of the floor of the chamber into their car, in the presence of policemen and other security agencies that guard the National Assembly, it is simply a case of the witch crying last night and the child dying this morning, and we know who killed the child. I therefore suspect serious government conspiratorial collaboration.”

    Ozekhome said Omo-Agege, who went to court to challenge his suspension, should have allowed the judicial process to run its full course, but resorted to self-help.

    “This is unacceptable. It is a sad day for democracy. It is sad day for the Senate and National Assembly and for Nigeria. It shows that we’re not ready to deepen the tenets of democracy,” he said, adding that Omo-Agege could not claim that his constituency was denied of representation, having subscribed to the Rules of the Senate and was bound by its decisions.

    “I condemn what happened in the Senate. I condemn the intrusion, and the apparent half-powerlessness of the National Assembly security in guarding against this national embarrassment and national shame on our country,” Ozekhome added.

    Raji warned politicians to desist from acts threatening democracy.

    “The political class must get their acts together and must consciously avoid any action that will aid the fifth columnists to wipe out the little progress we have recorded in our democratic journey so far,” the SAN said.

    Ngige said Omo-Agege, despite the circumstances, was presumed innocent until proven otherwise. He urged the National Assembly to strengthen its security.

    “The leadership of the National Assembly should beef up its security and investigate why the thugs had easy access to the premises and to the hallowed chambers. All those involved should be severely dealt with in accordance with rule of law. The price of liberty is eternal vigilance. National Assembly members should be vigilant,” he said.

    Akinseye-George believes that provocation could make someone to lose his sense of decency and self-control.

    “The suspended senator must have acted under the heat of extreme provocation. Authorities should avoid provoking people. This is the kind of response you get when people are provoked. They act in the heat of passion only to regret their actions later. He may also have other issues which are not known to innocent observers.

    “But, we must all avoid actions which can undermine democracy. Legislature is the epitome of democracy. Its independence must be respected and preserved at all times,” the professor of Law said.

  • Overview of administration of criminal justice law

    Overview of administration of criminal justice law

    Introduction

    Lagos State first introduced the Administration of Criminal Justice Law, 2007 and the Law was reenacted in 2011 (ACJL) to govern criminal proceedings in Lagos State.

    This Law brought radical changes into the administration of Criminal Justice in Lagos State with several provisions aimed at improving the administration of Criminal Justice in the state.

    In the words of Chief Wole Olanipekun (SAN), one of the best lawyers around these climes in “Promoting a pace-setting and productive judiciary in Lagos State”, a keynote address the doyen of the bar delivered recently on the occasion of the Opening of the 2017/2018 Legal Year of the Lagos State Judiciary:

    “The ACJL has introduced several innovations aimed at fast-tracking justice delivery, with a concerted effort at the preservation of rights of accused persons. For instance, under Section 9 of the ACJL, the confessional statement of an accused person must be captured via the use of video technology or video recording. In the absence of such video recording, such confession must be in writing, in the presence of the accused person’s legal practitioner. Failure to comply with the mandatory provision of Section 9 of the ACJL would render any such confession inadmissible in Court. This position has been affirmed by the Court of Appeal in Zhiya V. People of Lagos State. It is, therefore, not surprising that the Federal Government promptly adapted almost word-for-word, the ACJL, and enacted same as the Administration of Criminal Justice Act, although without acknowledging Lagos State as the initiator! A classical display of federal might indeed!!”

    If this is so, it accords with common sense to focus primarily on the Lagos Law and draw comparisons with the federal Act (ACJA) wherever necessary in this treatise and I intend to do that.

     

    Administration of Criminal Justice In Nigeria

    Criminal Law is an aspect of Public Law which is a specialised body of rules on treatment of conduct which the statutes seek to punish, prevent and or control. The state, as representative of society acts positively to ensure enforcement. For this purpose, the state employs the police, judges and magistrates, prosecutors and prisons.

    Even though the Lagos Law did not specifically state the ACJL the purpose stated in ACJA clearly dovetails with the intention of the ACJL. Section 1 of ACJA made it clear that the purpose of the Act is “to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim”. See the case of Zubairu v. The State (2015) 16 NWLR (Pt. 1486) at 524 Paras. B; where the Supreme Court noted  “Let me start with the two fold aim of criminal justice: that the guilty shall not escape or the innocent suffer. See Berger v. US 1942 cited in US v. Nixon, President of USA 418 US 683.” – PER NGWUTA, J.S.C.

    The point to note though is that prior to the enactment of these forward looking legislations, the operations of the Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC) had been fraught with numerous challenges. For example issues like coerced and involuntary confessions, court congestion, delays in trial, detention of awaiting trial suspects and accused persons standing trial without legal representation, inefficient and ineffective prosecutors and corruption of the system gave everyone involved a lot of concern.

    Lawyers are also very important in the complicated business of administration of criminal justice as almost everyone in the process were first and foremost Lawyers. It amounts to little that they have become Judges, Magistrates and Prosecutors. The defence counsel is also part of the critical core. The point to take away from this is that if we must have an efficient criminal justice system as the ACJL and ACJA tries to entrench in our polity, the men on the chain all along the line must be men who are willing to birth the dream of the ACJL and ACJA.

     

    Critical provisions of the ACJL/ACJA

    The ACJL deviated from the norm. It made provisions that are alien to the Criminal Procedure Law which hitherto governed the administration of criminal justice in Lagos State. The ACJA which followed later made many similar provisions repealing by the provisions of Section 493 the Criminal Procedure Code and the Criminal Procedure Act which hitherto governed criminal prosecutions in the Southern and Northern States respectively.  Any proceeding now commenced under these laws from the date of the commencement of ACJL/ACJA, irrespective of the date of gazetting will be void. See Akingbola v. FRN (2012) 9NWLR (Pt. 1306) 511, C.A. where the Court of Appeal held that any proceeding in Lagos State under the Criminal Procedure Law, repealed by the Administration of Criminal Justice Law of Lagos State 2007 was void.

    The ACJL in section 374 repealed the Criminal Procedure Law long before the Federal Government repealed the equivalent federal law in 2015.

    We will now proceed to briefly consider some of these salient provisions that should aid speedy and efficient administration of criminal justice in Lagos State in particular and Nigeria in general.

     

    Abolition of Arrest in Lieu

    Section 4 of the ACJL provides that “no person shall be arrested in lieu of another person”. This was a regular practice of law enforcement agents akin to ‘hostage taking’ which has been widely condemned but has now been prohibited. No longer can the Police arrest a spouse or other relation to smoke out a suspect.

    Section 7 of ACJA has a similar provision. See African Continental Bank Limited v. Okonkwo (1997) 1 NWLR (Pt. 48) 197 for a judicial reprimand of the police who arrest others in place of a suspect.

     

    Prohibition of Arrest in Civil and Contractual Cases

    Section 8 (2) of ACJA makes a very laudable provision to the effect that “a suspect shall not be arrested merely on a civil wrong or breach of contract”. It has become the past time of many Nigerians with the connivance of law enforcement agents to use their powers to harass citizens where contracts fail or loans remain unpaid. The Court held in A.C (O.A.O) Nig Ltd. v. Umanah (2013) 4 NWLR (Pt. 1344) 323 that “the statutory duties of the police under the Police Act is to maintain peace, law and order in the society. Debt collection or loan recovery is not within the purview of the statutory duty and powers of the police”.

     

    Inventory of Properties

    Section 6 of ACJL makes a further provision to protect the interest of the suspect as it mandates the police upon the arrest of a person to take the inventory of all items or properties recovered from the person arrested or about to be arrested. The police officer making such an inventory must sign same and the person arrested, his legal representative or any other person he chooses shall be given a copy of the inventory.

    Section 10 ACJA went a bit further than the Lagos Law to provide that the suspect must duly sign the inventory. However, where the suspect refuses to sign, it shall not invalidate the inventory. It permits the police to release such property on bond upon request by either the owner of the property or parties having interest in the property. The Court may decide whether to release the property or any portion of the property in the interest of justice to the safe custody of the owner or person having interest in the property.

    This provision is aimed at protecting the property rights of suspects and to make the police or any other law enforcement agency making the arrest transparent and accountable.

     

    The Duty of the Police to Ensure Video Recording of Confessional Statements

    In a radical provision to combat the often reported menace and human rights abuse whereby the police force confessions and torture suspects to confess to crimes they probably did not commit which may lead to conviction and time in jail as the best evidence in criminal proceedings especially in our clime where forensic evidence may not be available is the confessional statements, the Law placed a onerous duty on the police to ensure video recording of confessional statements.

    Section 9 (3) of the ACJL provides that “where any person who is arrested with or without a warrant volunteers to make a confessional statement, the police shall ensure that the making and taking of such statement is recorded on video and the said recording and copies thereof may be produced at the trial provided that in the absence of video facility, the said statement shall be in writing in the presence of a legal practitioner of his choice”.

    One can only begin to appreciate the great good this provision has done if one has ever been involved in criminal prosecutions where most of the evidence you have is the confessional statement of an accused person who continues to maintain that the statement was not voluntary and yet you have the police who swear that the suspect made a voluntary statement. Trial within trial is not really a pleasant affair for the defence counsel.

    The eminent justice of the Supreme Court Rhodes – Vivour, JSC in Owhoruke v. COP 15 NWLR (Pt. 1483) 557 at 570 empathized with defendants and the defence counsel thus: “it must be noted that most crimes are committed by people with little or no education, consequently they are easily led along by the investigating Police Officer to write incriminating statements which legal minds find almost impossible to unravel and resolve. Confessional statements are most times beaten out of suspects, and the courts usually admit such statements as counsel and the accused are unable to prove that the statement was not made voluntarily. A fair trial presupposes that police investigation of the crime for which the accused person stands trial was transparent. In that regard it is time for safeguards to be put in place to guarantee transparency. It is seriously recommended that confessional statements should only be taken from suspect if, and only if his counsel is present, or in the presence of a legal practitioner. Where this is not done such a confessional statement should be rejected by the court”.

    ACJA made a similar provision in Section 15 (4) as follows “where a suspect who is arrested with or without warrant volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrieval video compact disc or such other audio visual means.

    Note though that Section 8 (1) ACJA already provides that “a suspect shall be accorded humane treatment, having regard to his right to the dignity of his person and not be subjected to any form of torture, cruel, inhuman or degrading treatment”.

    It does appear that compared to the provisions of the Lagos Law, ACJA does not make electronic visual recording mandatory. This is why Section 15 (5) is a provision that waters down Section 15 (4) of ACJA. It provides, “notwithstanding the provision of Subsection (4) of this section, an oral confession of arrested suspect shall be admissible in evidence”.

    At the time ACJL came into force in Lagos State, many thought this provision offended the rules of evidence over which only the federal legislature superintends as it was clearly incongruous with the provisions of Sections 28 and 29 of the Evidence Act. Thankfully the Federal legislature in enacting ACJA validated the forward looking and pragmatic initiative of Lagos State with ACJL in line with the reasoning of the Court of Appeal in 2010 when it became an issue of whether a lacuna in the Evidence Act can be positively resolved by a judicial pronouncement when it held in FRN v. Fani Kayode (2010) 14 NWLR (Pt. 1214) 481 at 492  “while judges must refrain from attempting to make laws from the bench, they must not shy away from adopting a proactive approach to the interpretation of the law. Judicial officers must not place on themselves, disabilities not imposed by the law.”

  • We are battle-ready for criminals, says Ondo CP

    We are battle-ready for criminals, says Ondo CP

    Disturbed by increasing level of insecurity, Ondo State Police Commissioner, Olugbenga Adeyanju Friday warned criminal-minded elements in the state to relocate.

    He particularly urged youths in Igbotako, Okitipupa local government area of Ondo State to desist from their criminal acts or face prosecution.

    At a one-day security summit held at Igbotako, Okitipupa local government, Adeyanju solicited the support of residents in tackling the security in the community.

    The Summit was convened by the Igbotako Community Development Council (ICDC) to proffer solutions to the increasing security threats in the community.

    It would be recalled that there had been series of kidnapping, armed robbery and cultism in the town in the last few years which has generated anxiety.

    The CP, who described the series  of criminal activities being perpetrated by youths in the area as disturbing, added that the command was battle ready to fortify the community and the whole state.

    Adeyanju, however urged youths in the community with criminal tendencies to have a rethink as the command has mapped out strategies to deal with anyone caught.

    He said” I was so touched and moved when leaders led by Chief Paddy Arikawe and four others  in this community came to my office about two weeks ago and reeled out the criminal activities in Igbotako and I told them I will be at the  summit today to address the community.

    “I want to warn our youths in Igbotako and other neighboring towns that our command is battle ready to deal with anyone found to be involved in all these criminal acts.

    “The Kabiyesi has given me name of some groups in the community,such as Ojota boys, Idi Aba boys  ,Lions Junction  and other tips that I will not mention but I want to assure everyone  that you will  begin to see results of our intervention in Igbotako any moment from now”

    The Convener of the Summit and leader of the community ,Chief Paddy Arikawe who commended the commissioner of Police for attending the event, said all cases of kidnapping, armed robbery and cultism in the community were disturbing.

    Arikawe advised parents to caution their children,saying police are coming to the town for a serious business.

    He said:” We can’t hide our problems in this community any longer because we have miscreants and irresponsible elements among our youths and we want the command to come and save us . The Community will join hands with you CP to get rid of criminals in our town.”

    A youth leader, Omotoye Olusola,who spoke on behalf of his colleagues noted the summit was a huge success, stressing that the youths  would cooperate with the police for peace in the community.

    While decrying the rate of unemployment in the area, he urged leaders in the community to devise a means of empowering the youths in order for them to be gainfully engaged.

    Prominent sons and daughters of the town were in attendance including,Maj.Gen. Olu Bajowa(rtd), Chief S.O Akinnurun, Dr Falolu Adeyekun,Mr Ola Iwaeni ,Mr Tunde Olamoju,and  Dr Segun Ayodele, among others.

    The traditional rulers at the summit were the Rebuja of Osooro,Oba Gbadebo Bajowa;Oniju of Iju-Odo ,Oba Festus Olumoyegun and other traditional rulers in neighboring towns and villages.

    The Assistant Commissioner of Police (ACP) in Charge of Operations,Ajani Musbau, the Police Spokesman, Femi Joseph , and Divisional Police Office(DPO) Igbotako, Abayomi  Fidelis were also in attendance.

  • Supreme Court outlaws stay of proceedings in criminal trials

    The Supreme Court has stopped granting of stay of proceedings in criminal trials.

    It said the grant of stay was unlawful as it violates the provisions of Section 306 of the Administration of Criminal Justice Act (ACJA), 2015, and Section 40 of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

    Opponents of the provisions in Sections 306 of ACJA and 40 of the EFCC Act have argued that prohibiting courts from staying proceedings in criminal trials was a violation of the Constitutionally guaranteed right to appeal.

    But, the apex court, in its ruling on Friday, said the provisions of both laws were in conformity with the constitutional provision in Section 36(4), which provides that any person charged with a criminal offence “shall be…entitled to fair hearing in public within a reasonable time.”

    The Supreme Court gave the verdict in its ruling, last Friday, while rejecting an application for stay of proceedings brought by ex-spokesman of the Peoples’ Democratic Party (PDP), Olisa Metuh.

    The court, in a unanimous decision by a five-man panel, held that, as against Metuh’s lawyer’s contention, the provision of Section 306 of the ACJA was not limited to the trial court.

    In the lead ruling written by Justice Clara Bata Ogunbiyi, but read by Justice Ejembi Eko, the court held that Metuh’s application for stay of proceedings was “violently in conflict” with the provisions of Section 36(4) of the Constitution as well as Section 306 of ACJA, Section 40 of the EFCC Act 2004 and a number of case law authorities.

    Justice Ogunbiyi, in the lead ruling, faulted Metuh’s lawyer’s reliance on the Supreme Court’s decision in 2016, in granting a stay of proceedings in the trial of the Senate President, Bukola Saraki, before the Code of Conduct Tribunal (CCT).

    Justice Ogunbiyi said:  “This court (the Supreme Court) pronounced also in Olubukola Saraki V Federal Republic of Nigeria (2016) 3 NWLR (Pt. 1500) SC 531 that the Code of Conduct Tribunal (CCT) is not a court of superior record of jurisdiction, but a court of qusi-criminal jurisdiction.

    “Therefore the application of the cases to the circumstances of this case (Metuh’s case) cannot be relevant, as rightly submitted by the learned counsel to the first respondent (EFCC’s lawyer).

    “The appellant/applicant’s (Metuh’s) motion for stay of proceedings is violently in conflict with the provisions of section 36(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), section 306 of ACJ and section 40 of the EFCC (Establishment) Act, 2004 as well as the plethora of case law authorities cited.”

    “I wish to emphasise that this is a criminal proceeding. There are also clear constitutional and statutory provisions that enjoin and mandate the trial court not to delay criminal cases.”

    Justices Dattijo Muhammad, Justice Kudirat Kekere-Ekun,  Eko and Sidi Bage, who were also on the panel,  agreed with Justice Ogunbiyi.

    Metuh and his firm, Destra Investments Limited are being tried before Justice Okon Abang of the Federal High Court, Abuja on a seven-count charge of money laundering and fraudulent receipt of N400m from from the Office of the National Security Adviser (NSA) on November 22, 2014, for PDP’s campaign activities.

  • Two arraigned over police officer’s death

    The Niger Police Command said it has charged two suspects at a Minna Magistrates’ Court with the killing of a Deputy Superintendent of Police (DSP), Aaron Sunday, serving with Kpakungu Division Minna, by suspected hoodlums.

    Mr Zubairu Muazu, Commissioner of Police, disclosed this to the News Agency of Nigeria ( NAN) in Minna on Tuesday.

    He said that 14 others were also charged with causing civil disturbances during the incident that lead to death of the police officer.

    He explained that the command would ensure diligent prosecution of all those allegedly involved in the deadly act.

    He said that already,  the command had evolved aggressive intelligence gathering to strengthen security in the state .

    ” We have deployed armed  police operatives in and outside the metropolis for the arrest and prosecution of men of underworld .”

    He explained that the command had identified some criminal hideout across the state.

    ” We have set in motion security modalities that will end all forms of criminal conduct through our various security strategies,” he said.

    He solicited the support of residents to volunteer information that would assist the command to provide peaceful atmosphere in the state.