Tag: criminal

  • Bill to merge Criminal, Penal Codes coming

    Bill to merge Criminal, Penal Codes coming

    The Senate is expected to conclude works on the Administration of Criminal Justice (ACJ) Bill which seeks to unify the procedure for administration of criminal justice and replace the present criminal procedure codes applicable in the Northern and Southern parts of the country.

    The Criminal Code currently operates in the Southern party of the country, while the Penal Code is applied to criminal prosecution in the North. The ACJ Bill is one of the most important justice sector reform Bills pending before the National Assembly.

    The Senate, it was learnt commenced clause by clause consideration of the committee report on the Bill last Tuesday. The House of Representatives passed the Bill since 2013 after which the Senate Introduced additional innovative provisions aimed at improving the administration of criminal justice in the country.

    The Bill, an initiative of the Panel on Implementation of Justice Reform (PIJR), contains guidelines for sentencing, bail, arrest protocols, prison decongestion, alternatives to imprisonment and plea bargaining. It also provides for electronic recording of court proceedings as well as establishment of central criminal justice database, witness protection and restorative justice techniques.

    PIJR, in a statement yesterday, commended the Senate “for bringing up the ACJ Bill for urgent consideration despite the extremely tight schedule.”

    A member of the PIJR, Professor Yemi Akinseye-George (SAN), who endorsed the statement, said stakeholders of the Criminal Justice Administration including Ministries of Justice, Nigerian Bar Association (NBA), development partners, police and other agencies of criminal justice participated in the development of the Bill.

    “All are looking forward to its passage by the Senate. The Attorney- General of the Federation has assured on several occasions that he will recommend the Bill for Presidential Assent as soon as it is passed by the National Assembly. All eyes are therefore on the Senate to complete the good work it has already started,” Akinseye-George said.

     

     

  • Criminal law made ‘easy’

    lawyer, Sylvester Imhanobe, has written no fewer than seven books on various topics in law.

    Reviewing one of them (Administration of Criminal Justice) during its presentation, Mr. Anthony Agbonlahor said it can help students avoid failure in Bar examinations.

    He added that with the infusion of dexterity and currency, the author simplified the sujbect for both students and lawyers.

    His words: “If some of these books were launched before the students of Law School wrote the last examination, the school wouldn’t have recorded that level of failure.”

    Other books by the author are Civil Litigation, Law of Evidence, Principle for Legislative Drafting , Company Law, Legal Profession: Ethics and Lawyering Skills.

    The books, said the reviewers, could be of immense benefit to lawmakers, judges, students, businessmen and corporate organisations.

    Ex-Aide-De-Camp (ADC) to former Head of State, General Muhammadu Buhari (Rtd), Maj. Mustapha Jokolo, said Imhanobe’s excellence transcended the Law School, where he once lectured.

    Jokolo, the 19th Emir of Gwandu, described the author as his reliable counsel who argues his cases excellently.

    He said Imhanobe had contributed greatly towards the development of the judiciary.

    According to the monarch, the author has been a talented counsel worthy of emulation since 2006 when he discovered him.

    He said that : “I engaged him as my lawyer after a lawyer from my place who I initially took into confidence betrayed me.

    “As my counsel, he defeated many Senior Advocates of Nigeria, some of whom are yet to recover from the shock of defeat in court.

    “In fact, some of those opposed to us ended up sacking their lawyers, so he is, to me, a reliable and talented lawyer who is worthy of emulation by others .”

    The Chief Judge of the FCT High Court, Justice Ibrahim Bukar, said the books would become indispensable reference tool in legal research in Nigeria and beyond.

    Represented by Justice Adebukola Banjoko of the FCT High Court, he said: “The true and real legacies of these books will be realised when their readers surpass themselves.”

     

  • Final push for efficient criminal justice administration

    Final push for efficient criminal justice administration

    Members of the Panel on Implementation of Justice Reform (PIJR) and other stakeholders met in Abuja to put final finishing touches to a Bill meant to reform the nation’s criminal justice system by also merging the Criminal Procedure Act and the Penal Code. Participants agreed that the future of effective criminal justice administration is secured in the country with the Bill’s passage by the Senate, as already done by the House of Representatives. Eric Ikhilae reports.

    If all goes as planned, the setback suffered by the prosecution in the trial of former Managing Director of the now defunct Intercontinental Bank Plc, Erastus Akingbola, among other hindrances to swift disposal of criminal cases in the country, would become history.

    The then trial judge in the Akingbola case, Justice Habeeb Abiru was close to concluding the case – he had adjourned for parties to adopt their final written addresses, preparatory to judgment – when he was suddenly elevated to the Court of Appeal.

    In view of the judge’s elevation and the provision of the Criminal Procedure Act, the trial had to start afresh. Today, owing to some fresh issues raised by the defence, parties are now stuck at the preliminary stage, about a year after the trial, which had lasted over two years before the former judge, started again before a new judge.

    The development in the Akingbola case is a common occurrence in most criminal cases in the country, particularly those involving well-off individuals, with the financial capacity to manipulate the pliable court system, by engaging the best qualified and most influential lawyer in town, and in most cases, the Senior Advocates.

    This however, will soon be a thing of the past should the Senate, before the end of the tenure of this session, passes into law a new Bill which seeks to ensure for the country, a criminal justice system that is fast and efficient while delivering justice and fairness to all parties irrespective of one’s status.

    The Bill titled: “Administration of Criminal Justice Bill 2013,” already passed by the House of Representatives, and now awaiting its final passage at the Senate, was put together by the Panel on Implementation of Justice Sector Reform (PIJR).

    The group constituted by the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), is consisted of brilliant legal minds, including Justice Ishaq Bello of the High Court of the Federal Capital Territory (as Chairman), with Professor Yemi Akinseye-George (SAN) as the coordinator.

    Aside seeking to merge the two extant laws guiding criminal trial – the Criminal Procedure Act (applicable only in the Southern part of the country) and Penal Code (used in the Northern part), – the Bill provides a bouquet of measures intended at eliminating all existing barriers to effective and speedy criminal trial in the country.

    The PIJR said it is working at an Act 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.”

    When passed, the law will only be applicable in the trial for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital territory, except in states where it is adapted, as had been done by Lagos, Anambra and Ekiti States.

     

     

  • Boko Haram is criminal, says Lagos Solicitor-General

    Chairman, Lagos State Secretariat Mosque and Solicitor-General of Lagos, Alhaji Lawal Pedro has described Boko Haram as criminals that have nothing to do with Islam.

    The solicitor-general spoke at the maiden edition of the mosque’s annual Ramadan lecture in Lagos.

    “In the light of what is happening, some set of people who are not Muslims but by plainly iota of scandal are now bastardising the religion, we want to let people know that they are evils and have nothing to do with Islam,” he said.

    According to him, Islam abhors killing of self and other souls, saying those who perpetuate evil in the society are not true Muslims and should be excommunicated.

    “Everyone Muslim must go back to the Quran and teachings of the Prophet, it has stated clearly on what we should do and bearing in mind to recognise other religions and give them their respect and co-exist peacefully,” he said.

    Guest speaker, Chief Imam of Ogba Oluwole Central Mosque, Imam Sadullah Bello, urged Nigerians to be Godly, saying that is the only antidote to the nation’s crisis.

    Bello urged Muslims to be conscious of their environment and live in harmony with their neighbours.

    “Nigeria will never be peaceful except we go back to the manual of life which is the Quran; it is the light and solution to the world’s problems,” he said.

    Given the insecurity in the country, Bello stated that poverty and lack of knowledge are major problems.

    “Knowledge is a vital key to reduce insecurity in the country, the government should also eradicate poverty and provide jobs for the people,” he said.

  • Bill on plea bargain, criminal justice reform scales second reading in Senate

    A Bill seeking to introduce plea bargain into the nation’s laws and dealing with the delay in the dispensation of criminal justice in the country scaled yesterday second reading in the Senate.

    The bill entitled: ‘Administration of Criminal Justice Bill, 2013,’ had been passed by the House of Representatives which then forwarded it for the concurrence of the Senate.

    Senate Leader Victor Ndoma-Egba, in his lead debate, noted that the bill seeks to repeal the Criminal Procedure Act Cap C41 Laws of the Federation of Nigeria 2004; the Criminal Procedure Act (Northern States) Cap C42 Laws of the Federation of Nigeria; the Administration of Justice Commission  Act Cap A3 Laws of the Federation of Nigeria; and enact the Administration of Justice Act to be applicable in Federal Courts and Courts of the Federal Capital Territory.

    Ndoma-Egba lamented that for several decades, Nigerians have lived with a criminal justice system that “is grindingly slow and open to abuses, rendering it most effective.”

    According to him, from the police stations to the courts and the prisons, the “system has delivered everything but justice and the society has been worse for it.”

    He bemoaned a situation where court cases drag on to the point that conviction becomes unlikely, “as witnesses may no longer be readily available; and where they are available, some facts relating to the case would  have been distorted, so much so that the essence of seeking justice by litigants is lost.”

    Consequently, he said many aggrieved citizens now shun the courts because they do not believe their cases could be disposed off in their life time let alone get Justice.

    Part of the problems the system has, he said, was its inability to apply commensurate punishment to infractions.

    He added: “It is common to see a court give maximum sentence to a petty thief while those who stole billions of Naira from the public coffers get far lesser sanctions for their crimes when convicted by the court.

    “There have been instances where some accused persons win elections in the course of trial to an office they can manipulate the system or enjoy immunity from prosecution.”

    He stated that the primary objective of the bill is to ensure speedy and efficient administration of criminal justice in the country.

    “It seeks to bring together the Criminal Code and Penal Code into one body of law so as to promote uniformity, protect the society from crime and protect the rights and interests of accused and victims in criminal proceedings in the country.”

    He added: “The bill deals fundamentally with the problem of delay in the dispensation of criminal justice, which unarguably remains the most perturbing aspect of criminal justice delivery.

    “Essentially, the bill makes provisions for speedy and efficient administration of criminal justice in courts across the country.

    “In this regard, restriction on number and interval of adjournments, electronic recording of trials to reduce the problems associated with trial de novo of part-heard matters, limits adjournment of cases to give times and not more than 14 days intervals between adjournments.

    “The bill introduces plea bargain into Nigeria’s Criminal Justice Administration. Though plea bargain is being employed in our courts to resolve high profile cases, it is being applied haphazardly due to the absence of an enabling legislation in the country.

  • ‘I am not a criminal, Emeka Offor tells critics

    The Chairman of Sir Emeka Offor Foundation and Chrome Group of companies, Sir Emeka Offor, yesterday declared war against people he referred to as enemies of Oraifite people in Ekwusigo Local Government Area, Anambra State.

    Offor asked those allegedly carrying campaign of calumny against him to do their own charity rather than dwell in mere criticism.

    ‘’There is no part of this country that I have not been to. I’m not known as a criminal. I’m not known as poor man but as a rich man and good man.

    ‘’I am proud to tell you that I Sir Emeka Offor has fully registered my name both in Oraifite , Ekwusigo , Anambra State, Nigeria and beyond. Oraifite is a large and wide community, whatever you think you can do for  Oraifite , go ahead and do that.

    “I am going to deal with anyone, young or old that tries to pull me down because it’s time we start respecting ourselves. People tend to take my humble attitude as weakness and use it against me but I am out for any challenge from now on.

    The Nation reports that Offor had been severally accused of terrorising his people of Oraifite and intimidating them with his wealth. He was accused of being behind the arrest of Comrade Boniface Okonkwo for criticizing Offor in online forum of Oraifite people for donating a whopping 1.3million dollars to Rotary International for polio eradication.

  • Why criminal immunity must end, by SAN

    Why criminal immunity must end, by SAN

    A Senior Advocate of Nigeria (SAN), Mrs Funke Adekoya, yesterday urged the National Assembly to remove the immunity clause in respect of criminal matters as demanded by Nigerians, if the war against corruption and abuse of office is to be won.

    “Their current explanation of such criminal actions constituting a ‘distraction’ for political office holders does not hold water,” she said.

    Mrs Adekoya, a partner at üLEX, a Lagos law firm, spoke to reporters at a briefing on its ninth Annual Lecture titled: In God’s Name: Politics, Religion and Economic Development.

    It will hold on July 25 at the AGIP Hall, MUSON Centre, Onikan, by 2pm.

    She said: “They need to tell us why some 100 political office holders, purportedly elected by ‘We the people’ know better than those who elected them, and whom they are supposed to represent.”

    The Senior Advocate said the criminal justice is still unduly delayed, blaming what she called an outdated system.

    “Hopefully the promised speedy passage of the Administration of Criminal Justice bill will help, although as lawyers we need to move away from the culture of impunity which presently pervades the country, and which gives the impression that we are not serious about providing justice to the victims of crimes, whether they are individuals, corporate entities or the State itself.

    “There have been some improvement in the civil justice system, mostly due to front loading practices introduced by High Court Civil Procedure Rules, the AMCON Fast track rules, among others,” Mrs Adekoya said.

     

  • ‘Repeal Section 127 of Criminal Code’

    ‘Repeal Section 127 of Criminal Code’

    Emeritus Professor, Adedokun Adeyemi has suggested that Section 127 of the Criminal Code, which prohibits compounding of felony, be repealed under the administration of criminal justice .

    In its place, he suggested that Section 339 of the CPC “should now be more boldly adopted generally in statutory provisions to enable the present widespread practice of compounding of criminal offences become widely adopted without any fetters, through statutory endorsement.”

    Compounding a criminal offence in the criminal process can be undertaken by either the victim or the prosecutor and the object is to enable the victim or the prosecutorial authority to settle the matter without necessarily having to go through the judicial process, by accepting restitution or compensation in total settlement of the criminal matter.

    Adeyemi made the suggestion in a paper, Public Prosecution and the Nigerian Criminal Process delivered at the 12th Training Course for Public Prosecutors at the Nigerian Institute for Advanced Legal Studies (NIALS), University of Lagos (UNILAG), Akoka, Lagos.

    Prof. Adeyemi, who is a former Dean, Faculty of Law, said he made the suggestion because there is no statutory provision in Nigeria prohibiting compounding of misdemeanours and other simple offences and for the fact that Section 127 of the Criminal Code is contrary to the culture of Nigerians.

    According to him, Nigerians, by their tradition have always sought to settle the bulk of criminal disputes by compounding the offences whether felony or not.

    According to him, about 87.75 per cent of criminal matters are being compounded by the police all the time in their various stations explaining that the cases that are brought to court are mere 12.25 per cent of criminal matters that are committed.

    “It is now time for section 127 of the Criminal Code to be repealed’ he said, adding that Nigerians have demonstrated over time that they are more interested in getting restitution or compensation than for the defendant to go to jail without anything coming to them in the form of compensation.

    The Professor of law also called for the separation of the office of the Attorney General and the Ministry of justice for better dispensation of justice and administration of criminal justice.

    He recalled that when the late Chief Rotimi Willaims was Attorney General of the defunct Western Region, he was not a cabinet member.

    “We should not have Minister of Justice at all. We should simply have only Attorney General so that the AG, even when he attends cabinet meetings is just an ex-officio member of the cabinet. He is also not a member of the cabinet who has a right to vote.

    “Let him remain a pure professional who can be subjected to professional rule. But at present, he is half professional, half political. That is not good enough for a man who is supposed to be performing purely professional function. The AG either for federal or state must remain AG and not Minister”, he stressed.

    The emeritus professor also stated that investigating authority has no power to prosecute cases saying, “this is because the objectivity required for judicial exercise of the prosecutorial discretion stands to be jeopardised where the investigating authority is also the prosecuting authority.”

    He argued that if there is corruption in the course of investigation, it would taint the process of prosecution.

    Prof. Adeyemi described the prosecutorial process as the selection pivot for the proper functioning of the criminal process.

    He stressed: “if cases are appropriately selected for prosecution or excluded, then the criminal process will be able to perform efficiently its functions of enabling the criminal process perform its own function of containing the incidents of crime in the society whilst an inappropriate selection process will result in the failure of the criminal process to achieve its assigned aim of crime containment.”

    IDirector General of the institute who was represented by Prof. Lanre Fagbohun lamented that criminal activities are developing with high level of sophistication in the country.

    He remarked that these would pose a lot of challenges to prosecutors and called for the development of strategies to meet the challenges and combating of crime in the country.

     

  • ‘Criminal training camp in Ebonyi’

    ‘Criminal training camp in Ebonyi’

    The Ebonyi State Police Command yesterday said it has received intelligence reports that a training camp was being run in the state.

    The command explained that youths were trained to unleash mayhem on the state during the Yuletide period.

    Police Commissioner Mamman Sule addressed reporters in his office in Abakaliki.

    He said the command was investigating the location of the camp and would arrest its proprietors and the trainees.

    Sule warned those running the camp to desist.

    The police chief urged parents and guardians to advise their children and wards to avoid breaching the peace.

    According to him, the police would punish anybody caught fomenting trouble in the state.

    He said: “The police are still investigating the location of the training camp. We will dismantle it if it is in existence and the perpetrators will be brought to book, no matter how highly placed such individuals may be.”

    Sule assured motorists and commuters, who will ply the Abakaliki-Enugu road during the Yuletide period, of tight security.

  • Kidnap…money making menace

    Kidnap…money making menace

    Kidnapping can most accurately described as the crime of unlawfully seizing and carrying away a person by force of fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time. The law of kidnapping can be complex to define with precision because it can vary from jurisdiction to jurisdiction. Most of State and Federal kidnapping statutes define the term ‘kidnapping’ vaguely all over the world, and usually its left for the courts to clearly define it in detail.
    The number of kidnapping cases in Nigeria has risen to a staggering level. Most of the kidnapping cases are attributed to ransom demands while others are linked to terrorist activities. The high risk potential victims of kidnapping were usually prominent members of the society from our artists and their family members but recently it was noticed that there has been a shift from that trend. In the past, kidnappings were fundamentally politically based and foreign workers within the Internal oil companies were the prime targets. Oil rebels in order to stress and highlight on their political stances and campaigns would seize unsuspecting foreigners in a bid to extort money.
    So far the main motive for most of these kidnaps has been for financial gain, and a majority of security analysts attribute the rise in kidnapping cases to the severe poverty levels in some communities especially the problem in the rise of unemployment. The most alarming fact is that if the economy in the country gets worse; we would unfortunately witness the rise in killings in kidnap cases as the kidnappers become more dangerous, daring and desperate.  The root cause of kidnapping would be unemployment. Youths should be engaged in numerous employment opportunities and be encouraged to enrol in vocational programs. It saddens me that the security situation in Nigeria today is unpredictable for there is an alarming risk of terrorism, inter- communal clashes, crime, armed robbery attacks, banditry and now a spate of kidnappings. Formerly, kidnappings were a particular threat within the Niger Delta Region but now kidnappings are synonymous all over Nigeria.
    The statistics of kidnapping in Nigeria is simply appalling. On May 31st, 2012, an Italian citizen was kidnapped in Kwara State. On January 26th, 2012, a German citizen was kidnapped in Kano and then tragically killed on May 31st, 2012. A British citizen and an Italian citizen were kidnapped in Kebbi on May 12th , 2011, and brutally murdered by their captors on March 8th, 2012.
    Red24, the AIM-listed international security advice and management company, has named the world’s ten countries in which it says the threat of being kidnapped for ransom is the greatest. Their findings would alarm most Nigerians. They are: 1. Afghanistan 2. Somalia 3. Iraq 4. Nigeria 5. Pakistan 6. Yemen 7. Venezuela 8. Mexico 9. Haiti 10. Columbia.
    Nigeria records a staggering 1,000 kidnappings for ransom cases annually. Many experts though believe that due to different incident classifications between countries and the reluctance of relatives to report incidents, for fear of retaliation by the kidnappers or because of concerns about police corruption and ineptitude; data on kidnappings can be complex to compile. However, Red24 stated that using official data in respect of Nigeria, Venezuela, Mexico and Columbia as well as piracy incidents off the Somali coast and non-governmental organization staff kidnappings in Afghanistan have discovered there was a 9% rise in kidnapping cases in 2011 compared with the previous year. Their chief executive, Maldwyn Worseley- Tonks remarked that kidnapping is a “growing, global threat.”
     The Academic Staff Union of Universities had cause to accuse the federal government of its failure to properly curb the spate of insecurity and the high rate of crime in the country. On 13th August, 2012, on a meeting with reporters at the end of its National Executive Council meeting at the University of Nigeria, Nsukka, ASUU’s National President, Dr. Nasir Isa Fagge, said that, “The spate of insecurity in the country has continued unabated. On daily basis, the newsstands are awash with reports of bombings, kidnappings, assassinations, armed robberies, arson, and related acts of violence perpetuated against the Nigerian people and foreigners alike. There are also reports of spiral inflation and phenomenal increase in commodity prices leading to food insecurity and reduction in standard of living across the country. Joblessness, homelessness, and decreasing access to education and other indices of underdevelopment now characterize our national life.”
    The fact that crime is on the increase in Nigeria is not breaking news these days, but the most challenging hurdle to cross would be that of the severe unemployment plaguing our nation. Various independent and authentic studies have revealed that unemployment is responsible for the largest portion of kidnappings in Nigeria today. It is a vicious chain of unfortunate events where poverty resulting from unemployment and a badly managed economy, increases criminal activities in Nigeria. The economic growth in this country has been severely stunted by decades of corruption and mismanagement of public funds. The depressing economic climate has taken its toll on Nigerians and the social effects of unemployment in Nigeria has increased the rate of kidnappings. Our youths are being lured by criminal gangs, warlords, illegal activities and terrorists. Amidst the extreme economic deprivation, the enticement of making fast money by snatching someone’s loved one seems just too tempting to resist.
    The crimes in general are becoming alarming more violent as well.  The horrendous use of human beings or their body parts for money making rituals has become common news. It used to be that in the 1980’s, sporadically reported acts of crime were of burglars silently and stealthily entering a house while all were soundly sleeping and going away with the family Betamax video. The robbers were too “polite” to even wake, talk less of confront any member of the family. Nowadays, poor wages, detrimental living conditions and lack of proper social morals have made money making ventures such as kidnapping the popular stock in trade for misguided youths. So the million dollar question remains, how safe exactly are any of us?
    Apparently, no one is safe. We are all potential victims. The security in Nigeria can best be described as a prison of fear and uncertainty guarded by invisible walls. Even in traffic, robberies are common. People are snatched in broad daylight by kidnappers and witnesses are either too scared or cynical to try to help much less assist security agencies to apprehend the perpetrators. With kidnapping, these criminals involved resort to the cruelest, degrading and most inhumane treatment of another human being. How can this abominable trend be reversed? Employment can be generated by means of restructuring our educational system, a conducive economic environment devoid of staggering inflation, and rebranding our agricultural sector would almost certainly go a long way to discouraging youths from engaging in criminal activities. All good citizens of this country should take responsibility to an extent for the state of lawlessness in the country today; for it would be selfish and irresponsible to blame the federal government alone.   These misguided youths were once our children before they grew up to be criminals, and until we all understand that we have a high stake in Nigeria’s  future, we can only show chagrin and contempt for a worsening situation. The primary focus of the federal government and indeed all Nigerians is to empower our youths through sound educational  and vocational programs; let us as parents is to give them hope for a brighter and more solid and secure future. These fundamental  advantages I believe have already been laid by the great founding fathers of Nigeria.
    In the meantime, all Nigerians and foreigners within the country should exercise grave caution and vigilance at all times. The next breaking news about the latest kidnap victim can be anyone of us and that’s the sad reality of Nigeria today.