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Tag: magistrates

  • We ride with criminals to court, magistrates cry out

    We ride with criminals to court, magistrates cry out

    • Say lives in danger over lack of official vehicles

    Magistrates in Ondo State, under the umbrella of Magistrates Association of Nigeria (MAN), have decried the absence of official vehicles required for effective discharge of their duties.

    They lamented that the situation has forced many of them to rely on commercial vehicles often in the company of suspects and litigants, posing danger to their safety and undermining the dignity of their office.

    Speaking during a courtesy visit to a former Senator representing Ondo North, Hon. Bode Olajumoke, the association’s spokesperson, Chief Magistrate Damilola Sekoni, disclosed that no fewer than 60 magistrates in the state currently operate without official vehicles.

    Sekoni, who was accompanied by MAN’s state chairperson, Magistrate Funmi Edwin, said the development compromises both the security and efficiency of judicial officers in the state.

    According to him, some magistrates have sustained varying degrees of injuries from commercial motorcycle accidents on their way to court to perform official duties.

    Describing the situation as unacceptable, he said it is demoralising to see judicial officers commute in the same commercial vehicles as litigants and crime suspects.

    “On a daily basis, we hop on commercial vehicles, most times with criminals and litigants standing trial before us, exposing ourselves to grave security risks.

    “Magistrates in the state are constrained to share public transport with the public, including litigants appearing before them in court,” Sekoni said.

    He appealed to Senator Olajumoke to intervene by raising their concerns with Governor Lucky Aiyedatiwa, stressing that the request for official vehicles is a necessity, not a luxury.

    Read Also: AMCON officials, lawyers face contempt charges for alleged contravention of court orders

    Also speaking, the Chairman of the Nigerian Bar Association (NBA), Akure Branch, Onimisi Friday Umar, lamented what he described as the poor treatment of magistrates by the Aiyedatiwa administration.

    Umar noted that the last time magistrates in the state received official vehicles was during the administration of former Governor Olusegun Mimiko, adding that many beneficiaries have since retired.

    He further recalled that although approval had been granted for the procurement of 10 new official vehicles, nothing had been heard regarding the implementation.

    “It is sad that magistrates in this state board the same commercial vehicles with criminals to attend court, while their counterparts in other states travel by air to attend conferences.

    “We do not know what the judiciary has done to deserve this kind of treatment. We need a respite,” he said.

    The NBA chairman urged the governor to prioritise the welfare of judicial officers, saying this would enhance morale, ensure safety, and promote the efficient delivery of justice.

    He also commended Senator Olajumoke for constructing a relaxation centre for the NBA.

    Responding, Senator Olajumoke assured the delegation that he would look into their demands and discuss the matter with the governor.

    He also urged members of the association to uphold professional ethics at all times.

    In his remarks, the Publisher of Vanguard Newspapers, Mr. Sam Amuka-Pemu, applauded the magistrates for the visit and encouraged them to continue defending the rule of law and maintaining integrity within the justice system.

    Efforts to reach the Attorney General and Commissioner for justice in the state, Kayode Ajulo,

    SAN, yielded no result as his mobile phone was switched off when contacted.

  • Anambra CJ frees 13 inmates

    Anambra State Chief Judge, Justice Peter Umeadi, has granted 13 inmates at the Onitsha Prisons bail.

    The inmates, who had spent between five to six years awaiting trial, were granted pardon by the Chief Judge in exercise of his constitutional powers of jail delivery.

    Umeadi had embarked on the first quarter of his jail delivery Court Session for the year at St. Maximilian Kolbe Chaplaincy, in company of other twelve judges.

    He said the quarterly visit was targeted at considering cases of those who have spent long time behind bars with a view of granting them bail to enable them become useful to the society.

    Read Also: NDLEA nabs 20 drug dealers in Anambra

    The CJ, who expressed joy over the number of bail grant cases, attributed it to the relationship among the lawyers, magistrates, the Police, Directorate of Public Prosecution and Prison officials.

    “The cordial relationship between the legal practitioners, security agencies and prison officials, many of who were present at the court session, has closed the past existing gaps,” he said.

    The State Comptroller of Prisons, Bar. Emmanuel Nwakeze, thanked the Chief Justice for the visit, saying it would go a long way in decongesting the prison.

    Other cases treated were that of juvenile as well as those of 60 years of age and above and were asked to approach the regular court for bail.

  • You’re agents of change, CJ tells judges, magistrates inducted as scouts

    Seventeen judges and nine magistrates of the Lagos State Judiciary were yesterday, inducted as members of the Lagos State Scout Council.

    The investiture ceremony was held at the High Court foyer, Igbosere, as part of activities marking the 2018/2019 new legal year.

    Speaking at the induction ceremony, Lagos State Chief Judge, Justice Opeyemi Oke admonished the new scout members to see themselves as agents of positive change.

    Justice Oke told them, to in addition, see their membership of the scout council as service to humanity in another capacity.

    She said their induction is another way of helping to build the society, especially the young ones.

    She also promised to set up a committee, which will ensure that despite their busy schedule as judges and magistrates, they find time to contribute to the education of young people through a value system based on the Scouts laws.

    Lagos Scout Council Commissioner, Chief Jonathan Tawose in his short address described the investiture as epoch making one, adding that scout movement is a voluntary non-political educational movement for young people, which is also open to all without distinction of gender, origin, race or creed.

    “Scouting offers young people the opportunity to develop their full emotional, intellectual, physical, social and spiritual potentials as individuals, as responsible global citizens and as members of their local, national and international communities.

    “It is important to emphasize that the role adult leaders play consists of assisting young people in achieving the objectives of scouting. while the boy or girls is ‘learning to know’, ‘learning to be’ and ‘learning to do’, the adult leader should confine himself/herself to merely facilitating and educating as credited to the founder – Lord Robert Baden Powell who said: “here then lies the most important aim of scout training”, he stated.

    The judges and magistrates, who were inducted  include Justice Babajide Candide-Johnson, Justice Morenike Obadina, Justice Josephine Oyefeso, Justice Oluwatoyin Taiwo, Justice Sybil Nwaka, Justice Ayisat Opesanwo, Justice Olaide Olayinka, Justice Abidemi Okikiolu-Ighile and Justice Olabisi  Akinlade.

    Others are Justice Ibironke Harrison, Justice Oyindamola Ogala, Justice Ganiyu Safari, Justice Olamide Akinkugbe, Justice Obafemi Adamson and Justice Abisola Soladoye.

  • Farmer jailed for stealing 13 crates of eggs

    A 28-year-old farmer, Amisu Bello, is to serve six months in prison after a Magistrates’ Court in Minna, Niger, convicted him of stealing 13 crates of egg.

    Bello was docked alongside one Shefiu Yahaya on a two-count charge of theft and receiving stolen property, contrary to Sections 288 and 317 of the Penal Code Law.

    The Police Prosecutor, Emmanuel Ogiri, had told the court that one Isa Azeez, the Manager of IK Farms, Gidan Mangoro, Minna, reported the matter at the Kpakungu Police Station on Sept. 17.

    Ogiri said that Bello went to IK farm and stole 13 crates of eggs and when he was arrested, he confessed to having previously stolen 12 crates on five different occasions.

    He also said that police investigation revealed that Bello was in the habit of selling the eggs to Yahaya, the second accused person.

    When the charges were read to them, Bello pleaded guilty and begged the court for leniency while Yahaya pleaded not guilty.

    In her ruling, the Magistrate, Ramatu Adamu, sentenced Bello to six months in prison with an option of a fine of N10, 000.

    Adamu also ordered him to pay N17, 000 to the complainant as compensation.

    He, however, discharged and acquitted Yahaya of any wrongdoing after establishing the fact that he bought the eggs at their market value without the knowledge that they were stolen.

  • ‘How judges, magistrates can reduce unlawful detentions’

    Activist-lawyer Dele Igbinedion is the author of A Guide to Successful Human Rights Litigation – Vol. 1. In this article, he highlights the role of judges and magistrates in tackling unlawful detentions.

    Section 34 (1) of the Administration of Criminal Justice Act 2015 which is applicable in Abuja, requires that “The Chief Magistrate, or where there is no Chief Magistrate, within the Police Division, any Magistrate designated by the Chief Judge for that purpose, shall, at least once every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison”.

    Equivalent provisions to the above are also made in Section 34 of the Administration of Criminal Justice Law of Edo State 2016, and Section 35 of the Administration of Criminal Justice Law of Delta State 2017.

    Subsection 4 of the said Section 34 of the Abuja ACJA and the Delta ACJL provides that “With respect to other Federal Government agencies authorised to make arrests, the Judge (of fhe High Court) having jurisdiction shall visit such detention facilities for the purpose provided in this section”.

     Powers of Magistrate/Judge during inspection

    Further, Subsection (2) of the aforesaid Section 34 (or 35 depending on which state ACJL is in contemplation) empowers the inspecting Magistrate/Judge to summarily (a) call for and inspect records of arrests, (b) Direct the arraignment of the suspect, and (c) Where the detainee has been refused bail, the visiting Magistrate/Judge can grant bail to any suspect detained thereat, where appropriate.

    Places to be inspected

    It is noteworthy that the ACJA expects the inspection to be conducted at “police stations or other places of detention… other than the prison”.

    Consequently, such places to be inspected will include Police Station(s) and other places of detention like (a) Directorate of State Security Detention Centres, (b) Nigeria Security and Civil Defence Cells, (c) Economic and Financial Crimes (EFCC) Cells, (d) Army, (e) Navy, (f) Air Force, (g) Vigilante Detention Facilities, (h) Neighbourhood Watch Facilities (if any), and, (i) Traditional palaces, etc. In fact, any place where Nigerians are routinely detained must arguably fall under the learned magistrates’/judges’ purview.

    Reasons for the inspection

    The purpose of the inspection is to:

    (i) Ensure that no person will be detained illegally or even beyond the constitutionally prescribed period.

    (ii) Curb brutality, inordinate arrests and detention, and

    (iii) Ensure that persons who are denied bail receive it.

    Magistrates/Judges’ responsibility

    Arising from the above therefore, it can safely be predicted that the intention of the ACJA and the ACJL of States in Nigeria is to make their Magistrates and Judges, ultimately, responsible for ensuring that no one is detained unlawfully anywhere in Nigeria.

    Hence, the imperative for regular visits which must be “at least once every month”.

    The corollary, therefore, is (and I submit most respectfully) that a Magistrate or Judge having jurisdiction in an area will therefore be accountable (along with the detaining authority) for unlawful detentions in any facility due to the failure of a particular magistrate or Judge to perform his duty.

    Compliance Report

    My enquiries from lawyers and Court Staff in various Magisterial Districts and Judicial Divisions in FCT and some states  that  have domesticated the ACJL reveal that since the above mentioned mandatory provisions of the ACJL came into effect, learned magistrates and judges have not been performing their inspection duties over places of detention.

    The net effect of the aforesaid is that unlawful and elongated detentions of citizens continue unabated and unchecked.

    Although the reason for the magistrates’/judges’ non-compliance is not clear to us, but most of the court registrars that we spoke with seemed totally unaware of the inspection obligations of magistrates/judges. It may, therefore, be that the Judges and Magistrates are unaware of the obligation.

    But the ACJA and the ACJL makes no provision excusing any particular Magistrate or Judge from failing to perform the inspection duty.

    It is, therefore, my submission, nay, persuasion that all lawyers and executives of various branches of the Nigeria Bar Association (NBA) must explore all strategies to ensure that  Magistrates and Judges perform their duties in this regard.

    Where there is dereliction of duty, then the appropriate sanction procedure should be courageously ignited.

    This is because a judicial officer’s failure to perform his duty will have serious implications for the rights of detainees.

    The price of liberty is perpetual vigilance, someone once said. We should all therefore be vigilant.

    The challenge of learning and knowing the law (A digression)

    Truth be said: It takes a lot to be a practicing lawyer or shall we more appropriately say: Legal Practitioner. One lifetime is not enough to study the laws and procedure and master them to become a skilled advocate. This is probably why the consummate lawyer is born as one, not just made so on earth. They are congenitally equipped and gifted with the innate skills of lawyering.

    Not everyone can or should be a practising lawyer. So, typically, some non-lawyer characters find their way into the echelons of the profession. But the profession sooner than later separates its stars from the other dark mass of elements, thus giving rise to the saying that many are called, but only few are chosen – as lawyers. The stars are the successful lawyers.

    So, how can one be a successful lawyer? Well, you have to know a lot of things about a lot of things. You must know the law on the area of your practice and the procedure for enforcing the law relating to your area of practice. Then you must know other laws (in fact, all other laws) which will affect your client’s case, like limitation laws. You must also know rules, local customs, likes and dislikes of the Judge, etc. All these relate to trial courts.

    Then you must know Appellate Practice and Procedure. This relates to handling cases on appeal. When, Where and How to file notices of appeal, identify issues of law, write Briefs of Argument, reply briefs, respondent’s Notice(s), cross appeals, etc. At this level, you have to persuade at least two Judges, out of Three, in the Court of Appeal, to win your case.

    Then at the Supreme Court, you must persuade at least Three, out of Five, for ordinary appeals. But if your client’s appeal relates to a constitutional matter, the Chief Justice of the Federation will empanel Seven Justices to hear the appeal, and you must persuade at least Four of them for you to win the case.

    This is where all your skills are tested. Yes, at the Supreme Court. There, the argument is before Justices. Not just Judges, but Justices. Well, Judges are great people who know the law. But Justices? They are the law themselves. They are lady or gentleman justice or justices. Whatever they say, is justice. There is no other Court of Appeal in Nigeria, after the Supreme Court. Except you want to go to the Ecowas Court. But that is a different matter.

    It is little wonder therefore that only few make it to the dizzying top of the profession. But for those who get to the commanding heights, it is like living in wonderland. Everything is at their beck and call. They have the president, governors, First Class traditional rulers, business moguls, Mega Pastors, on speed dial. Inevitably, they become the toast, and envy of others.

    For instance, Mr. Ibrahim Magu, the Acting Chairman of the Nigerian Economic and Financial Crimes Commission (EFCC), recently lamented (while green with envy, if I may add) how a senior lawyer was paid N1.7billion as professional fees for a criminal case. Yes! One criminal case.

    He stated that another lawyer collected N300million as professional fees from one state government. Such fees are chicken change for the creme de la creme of lawyers, most of whom will not get out of bed to do a case unless the take home is mouth-watering.

    But that really is all that people see. I mean, the perquisites of success. The money. The commanding oratory. The fine silk gown. The suits. The private jets. The sleek black jeeps. The fine girls that carry files. The genuflection from other lawyers. The front row seats. But that is not all.

    What about the long hours behind the desk? The interminable meetings and strategy sessions? The thousands of seconds and hours spent poring over law books searching for relevant case law?

    What about the time spent worrying about that threat against him for taking that case, or the other more worrisome concern about spiritual warfare? Or the precious time spent away from the children or wives?

    These are all part of learning (and knowing) the law!

  • Tax evaders versus magistrates in Gombe

    Tax evaders versus magistrates in Gombe

    Gombe State Governor Ibrahim Dankwambo’s tax sermons are not enough; magistrates will soon be deployed across the state to drive the point home, reports VINCENT OHONBAMU

    Soft words have been used by no less a person than Governor Hassan Dankwambo to win the people over. But that may not be enough. The firm and undiscriminating arm of the law will grab anyone who fails to give to Gombe State what belongs to it. That is how the state government intends to get residents to embrace its new tax regime.

    Selling a new tax plan to people is not the easiest of tasks. In Gombe a fresh tax policy, meant to augment dwindling and irregular federal allocations, was greeted with apprehension and speculations that the government was about making life even tougher for the people.

    This forced the governor to not only dispel the rumours but also explain the necessity of the new tariff.

    Governor Dankwambo said the new tax was part of his reform plan begun some months back. He was speaking at the launch of the Internal Revenue Central System (GICS) and the takeoff of the e-Enumeration of Tax Payers in the informal economic sector (IES) to monitor the collection of revenue.

    Dankwambo said, “Introduction of the reforms is not meant to impose fresh taxes or hardship on the citizenry. Rather, it is intended to ensure that the people of Gombe State are taxed, and the revenue generated does not end up in the hands of rogue revenue collectors.

    “Similarly, it is expected to make revenue collection and management more efficient,” he explained, urging everyone in the state to pay tax promptly.

    He threatened to deal with those evading tax as well as those obstructing the operations of the state Board of Internal Revenue.

    He said that government had articulated a new law for the board, which was before the state House of Assembly to strengthen the Board’s operations as well as regulate and support the new tax regime in the state.

    When enacted, he added, magistrates would be deployed to each of the 11 local government areas of the state to try those guilty of non-compliance with the revenue laws of the state.

    “We cannot aim at tax-driven prosperity and economic advancement while refusing to fulfil the obligations that create those standards. Anyone who evades or avoids tax is breaking the law and will be treated according to the provisions of the relevant laws if found guilty,” he said.

    Chairman of the Gombe State Board of Internal Revenue Service (GSBIRS), Muhammadu Adamu Damji further explained that the new revenue collection and monitoring system would capture the data of everyone online, while repositioning the state to be economically viable to withstand the challenges facing the state economy.

    In the past revenue system used by the Gombe State Board of Internal Revenue for IGR was the collection of cash and the issuance of receipt as a sign of collection and payment.

    But that method according to the GSBIRS boss had been abused by both the payers and collectors, where collectors remitted whatever they liked, the revenue payers paid whatever they felt like. Most revenue collection officers had multiple receipts (depending on the awareness level of individual payers) with which they swindled, manipulated and manoeuvred unsuspecting taxpayers and government with impunity.

    In the same vein, revenue-generating ministries, department and agencies (MDAs) did not remit collections accurately and promptly, even as collecting banks delayed in remitting collections to government coffers. Even the pre-Damji Revenue Board lacked efficient checks and balances.

    This, the government said was unacceptable; hence the commencement of the journey to block these channels of revenue wastages and galvanise productivity of fallow grounds.

    The Gombe state government then embarked on some reforms to reposition the board and make it more effective, innovative and efficient to increase the internally generated revenue of the state by restructuring of the Gombe State Board of Internal Revenue.

    The journey began with engaging the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to conduct a diagnostic review of the board and made recommendations on operations, processes and human resources.

    The appointment of Adamu Damji who has since August 2016 trained about 200 staff, followed by the new tax laws, the eventual introduction of GICS and the commencement of the e-enumeration of tax payers are products of ICPC recommendation, which will enable the government, know who is paying what and when.

    The automation of the new system is said to make revenue collection transparent,with monitors displaying who what and when, among other things.

    Still, some will try to hold back their tax. These are the people that will have the magistrates to contend with.

    it is said, was programmed show

  • Don’t mislead magistrates, CJ tells spouses, friends

    Don’t mislead magistrates, CJ tells spouses, friends

    Lagos State Chief Judge, Justice Olufumilayo Atilade, yesterday urged the spouses, relations and friends of magistrates not to interfere in their jobs to ensure their success.

    Swearing-in 29 new magistrates at the Lagos High Court foyer in Igbosere, Justice Atilade said: “Their work from now on must be a ‘keep-off zone’ for all. This is the only way you can assist them to succeed in their career and protect them from negativity”.

    Justice Atilade implored the magistrates to rebuff all entreaties that could put them in trouble.

    The inauguration of the magistrates, 22 of whom are women, brings to 148 the number of magistrates in the state.

    She advised the magistrates to use their powers wisely as they affect the life and liberty of citizens.

    She said: “The powers, as you will find out in due course, are to be wielded with great responsibility and after much thought. These are not powers that are to be abused or used for selfish interests or for the fun of it.

    “The job of a magistrate is a difficult job, it is not an easy job at all. It is not for the laid back person or party going socialite. It is for that serious-minded and committed person, given to modesty and who has the interest of justice for all at heart. It is for the selfless person, who wants this state and country to progress. It is for that person who knows the laws of the land and intends to apply it with equity and good conscience for the good of the state and the nation.

    “It is for that person who is morally upright, not given to drink, sloth, covetousness and greed but who is content with what little he or she may have.”

    The high court’s Chief Registrar, High Court of Lagos, Mr Emmanuel Ogundare, listed to hear courteously, to answer wisely, to consider soberly and to decide impartially as the rules the magistrates must imbibe to succeed.

    He advised them against or unscrupulous arguments either during or at the end of proceedings and to refrain losing their temper with either lawyers or litigants.

    Ogundare said: “It must be borne in mind that the power of the court to punish for contempt is not retained for the personal aggrandisement of the magistrate or whoever mans the court.

    “The powers are created, maintained and retained for the purpose of preserving the honour and dignity of the court and by tradition of his office, he should eschew any type of temperamental outbursts as would let him lose his self-control and his appreciation of the correct method or procedure for contempt proceedings.”

    The chief registrar said a substantial number of petitions written against magistrates either to the Chief Judge or Judicial Service Commission bordered on reckless comments and remarks by the magistrates during proceedings.

    Lagos State Judicial Service Commission Executive Secretary Mrs Ayodele Odugbesan said the magistrates were the best amongst lawyers who applied for the job. She said they were carefully screened and selected, adding that their appointment was on merit.

  • Lawyer slumps, dies in court

    Tragedy struck on Tuesday, when a lawyer slumped and died at the premises of the Lagos State Magistrates’ Court sitting in Igbosere.
    The deceased, identified only as ‘Chidi’, was scheduled to appear as defence counsel for two men: Okedairo Okedeji, 38, and Akolade Agbola, 28, who were alleged to have stolen meat and snail worth N28,000 from Southern Sun Hotel in Ikoyi, Lagos.
    The men had been arraigned on February 29, and were out on bail after meeting the conditions set by Magistrate (Mrs.) F. M Dalley.
    The deceased was due to represent them Tuesday at their trial, but he and the defendants arrived in court after the case had been called and adjourned till April 14.
    The Nation learnt that he apologised to the court for their lateness and explained that it was due to heavy traffic.
    He also tried to plead with the Magistrate for a change in the adjourned date, but in the course of pleading, he was cut short by fits of coughing and began gasping for breath.
    When the coughing would not stop, he started clutching his chest and gasping, ‘Obim!’ ‘Obim!’, the Igbo word for ‘My chest!’ ‘My chest!’
    Those around quickly helped him, unloosen his tie and helped him outside the courtroom to get fresh air.
    He pleaded that they should help him get a cab to take him home.
    As he was rushed downstairs, he appeared to have lost consciousness and one of his clients carried him on the back down the staircase.
    By the time the cab arrived he had stopped breathing.
    The apprehensive cab driver was persuaded to take him to the Lagos Island General hospital and the deceased was put in the vehicle and driven away.
    The cab driver returned returned minutes later with him to the court premises and declined to carry a corpse in his taxi for fear of police harassment.
    The Nation learnt that his corpse was eventually deposited at the Lagos Island General Hospital morgue.

  • Judge stops magistrates from granting orders to EFCC

    Judge stops magistrates from granting orders to EFCC

    Federal Capital  Territory (FCT) Chief Judge Justice Ishaq Bello has ordered magistrates in the FCT to stop granting remand orders to the Economic and Financial Crimes Commission (EFCC).

    The EFCC has, of late, relied on FCT Magistrates’ Courts for remand warrants to justify its continued detention of suspects being investigated for corruption and other economic crimes.

    The commission, last week, said it had obtained a detention warrant from a Magistrates’ Court in the FCT to enable it keep the National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, pending the conclusion of investigation.

    Justice Bello gave the directive yesterday during his visit to the Keffi Medium  Prison, Nasarawa State.

    The chief judge, who expressed concern about the high number of awaiting trial inmates, also stopped the courts from entertaining cases of capital offences, including robbery and murder on which the court ordinarily lacked the jurisdiction.

    “I understand that EFCC has been bringing some cases to you and you have been granting them remand orders. You must no longer do this from today.

    “You must not arraign people for offences as armed robbery, murder and other capital offences before Magistrates’ Courts, which they don’t have competence to handle.

    “On no account should you (referring to the magistrates at the event) take cognisance of cases outside your jurisdiction and which you do not have power to try.

    “You must decline jurisdiction on such cases. You must not do this from today,” Justice Bello said.

    He directed the magistrates, the prison authorities and FCT High Court’s Deputy  Chief Registrar, Magistrates, Sunday Ochimana to compile such cases before Magistrates’ Court in the FCT for him to reassign to the High Court.

    The judge’s position was informed by his realisation, while reviewing cases of some awaiting trial inmates, that some of them were charged before the courts for capital offences.

    One of such cases was that of Queen Usa, charged with conspiracy and  armed robbery.

    Justice Bello directed that the case be transferred to Court 18 of the High Court of  FCT.

    But Section 293 of the Administration of Criminal Justice Act (ACJA) 2015 allows magistrates to remand suspects on holding charge for two weeks.

     

    Justice Bello, who reviewed about 322 criminal cases, freed five awaiting trial inmates on the grounds that they were  being held unjustly.

    Among the 322 inmates, 301 were from the medium prison (all male), while 21 were from the Old Prison in Keffi (for male and female).

    Those in Justice Bello’s  entourage were judges, magistrates and other top officials as well as prosecutors in the Federal Ministry of Justice, led by the Director of Public Prosecutors, Mr. Mohammed Diri, and Prosecutors from the Legal Department of the Nigeria Police Force.

  • CJN cautions judges, magistrates on plea bargain adoption

    CJN cautions judges, magistrates on plea bargain adoption

    The Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed has cautioned judges and magistrates to be cautious in handling plea bargains  brought before them.

    He also advised judicial officers to accord human face to criminal justice proceedings by considering other alternatives to custodial sentences in view of the inadequacies of the nation’s prison system.

    ‘I call on you all to be aware of the provision of other alternatives to custodial sentences, which will assist in ensuring that justice is done, with a human face and in consideration of the capacity of our prisons to cope with incarcerated persons’

    Justice Mohammed spoke in Kaduna yesterday while addressing a group of judges and magistrates, who are attending a sensitisation workshop on the Administration of Criminal Justice Act (ACJA), for judges and magistrates of the Federal Capital Territory (FCT),  organized by the United Nations Office on Drugs and Crime (UNODC), with funding by the European Union (EU).

    The CJN, who was represented by Justice Ibrahim Tanko,  noted that the ACJ Act is the culmination of the long held desire to improve upon the administration of criminal justice and to bring the rules of criminal procedures in Nigeria in line with global best practices and the need of the 21st Century.

    He added that the objectives of the Act, as found in Section 1 of the law, are to promote efficient management of criminal justice institutions, provide of speedy dispensation of justice and protect the society from crime, while defending the rights and interest of the defendant and the victim.

    “These indicate a deliberate shift from punishment, as the main goal of criminal justice is restorative justice, which pays attention to the needs of the society, the victims, vulnerable persons and human dignity,” the CJN said.

    “Another important innovation, which I shall only mention, is plea bargaining. Suffice it to say that you must be very careful. And I repeat, you must be very careful in accepting a plea bargain agreement that is before you and ensure that its use is indeed judicious and not malicious.

    “Similarly, I call on you all to be aware of the provision of other alternatives to custodial sentences, which will assist in ensuring that justice is done, with a human face and in consideration of the capacity of our prisons to cope with incarcerated persons,” he said.

    The National Judicial Commission (NJC) in April 2013 suspended Justice Abubakar Mahmud Talba of the FCT High Court for one year on the grounds “that he did not exercise his discretion judicially and judiciously with regard to the sentences he passed on one of the accused persons, Mr. John Yakubu Yusuf in the Police Pension case of FRN vs Esai Dangabar and five others.”

    Justice Talba had, in his judgment in the case, awarded a fine of N750,000 as fine against Yusuf, who pleaded guilty to the theft of over N23billion. Justice Talba, who has since resumed duties, was listed, in the programme of event, as a discussant and participant at the workshop.

    The Chief Judge of the High Court of the FCT, Justice Ishaq Bello, the President of the Customary Court of Appeal, Justice Moses Bello and the Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Professor Adedeji Adekunle commended the various innovative provisions contained in the ACJA 2015.

    They were confident that the law, when properly applied, was capable of revolutionizing the nation’s criminal justice system and eliminate the delay associated with criminal trials.

    The FCT High Court Chief Justice said the workshop was intended to help judges, magistrates and other players within the criminal justice system understand the ACJA with a view to ensuring the effective operations of the system.

    The president of the Customary Court of Appeal, who was represented by his Senior Special Assistant (Legal) Gabriel Maha, said the ACJA would help eliminate the lacuna that existed in the former criminal justice legislations, which constituted major challenges to the effectiveness of the criminal justice system.

    Representative of the UNODC, Mrs. Ugonna Ezekwem, who highlighted the various ways her organisation was working to ensure that the ACJA was well popularised, assured everyone that the UNODC will continue to support all efforts aimed at ensuring the effective implementation of the ACJA.