BEFORE now, before you can file a charge at the High Court, you seek the leave of Court. This was done to check prosecutors abusing their powers. Sadly, right now Prosecutors are gravely abusing their powers and it is time to check them by reintroducing Prosecutors seeking leave of Court to file charges .Again ,any prosecutor who uses his power arbitrarily should be made to face the music .There must also be an ombudsman to check the activities of prosecutors. A lot is going there and the earlier we rein in on that part of the Justice Sector, the better for us all.
The Nigerian Bar Association must develop systems to protect the rights of citizens.Beyond the many jamborees we do , the NBA is involved in, we must actually live by our motto Protecting the Rule of Law,.Even in our national conferences, we discuss issues that do not concern us and leave the main issues . How many times do we talk about Independence of the Judiciary, simplifying Bail Processes, transparency in the appointment of judges, simplifying CAC Procedures,the use of technology in court business, simplifying the sheriff and bailiff systems in our Courts ,etc
In most States in Nigeria , the Governors hold the Judiciary in the jugular and they run it as Departments of Government Houses .Most Chief Judges of the States can not even employ their drivers .They only have control over assignment of cases , Transfer of Judges and Magistrates oversight over staff ,etc .The Financial Control of the Judiciary is firmly in the hands of the Governors .The Nigerian Bar Association at all levels know the truth , but they avoid it out of fear of offending the governors.
We humbly call on the Attorney General of the Federation to also take this case to the supreme court and get financial autonomy for our Judiciary , the same way it got for our Local Government Areas.He who controls the budget, controls the dockets .Budgeting is governance .He who holds the purse , holds the sword.
The cases of conflicting Judgment of Courts should also be looked into . Also Judges giving orders in cases they lack jurisdiction should also be made to account for their actions .We have a society to build and I must add that the Society is currently not in tune with the happenings in our Courts .The Nigerian Judiciary has to reinvent itself. A lot needs to be done .If the judiciary does not change the society, the society will change the judiciary.
There are very many Nigerians who are languishing in prisons and detention centres all across the Country.I want to use this medium to call on the Attorney General of the Federation to put measures in place to ensure that Nigerians are fairly treated in all security agencies in Nigeria .The fulcrum of democracy is freedom.In a democratic setting , Citizens must be be allowed to have their full rights .The International Community is watching and we need to show to the World that there is a new order in the Nigerian Democratic Process . Sadly, in many agencies , there are so much impunity going on .There are too many road blocks on our high ways .All Security Agencies of Government are on Nigeria High Way .Even the Nigerian Air force , Nigerian Navy and even Vehicle Inspection Officers , that have been ruled by the Court of Appeal to be operating illegally on the road , as its duty is only for inspection of accidented vehicles and vehicles applying for registration.Even untrained Vigilantes with untamed guns are unleashed on innocent citizens.A Nigerian can be seen dead on the road , the government takes the body away and there is no enquiry.His death will not be accounted for .
Over 70 Percent of persons in Nigerian Prisons are awaiting trial and most of them have no business to be in prison The other day some persons protesting peacefully outside a court were remanded by the President of the Customary Court in Imo State.Even after official reports were made against him , nothing happened.It is consequences that deter impunity.Such abuse of powers must be given the attention it deserves.
It is not just the Security Agencies that need overhaul, even our Judiciary needs overhaul.Our Magistrates and Judges should not find pleasure in sending people to prison .The act of a Judge or Magistrate granting bail and the suspect does not go home same day must stop .It is only in Nigeria that this happens.
I humbly and most respectfully call on the Chief Judge of Federal High Court of Nigeria, to look into the bail application process at the Federal High Courts.The Adminstration of Criminal Justice Act (ACJA), gives premium privilege to family Members of Defendants , to take them on bail .Many Nigerians are languishing in prisons due to the stringent bail conditions of My Noble Lords.It is important we simplify the bail processes to reaffirm confidence in our Courts .It is not in good conscience proper for a Defendant that came from his or her house to be remanded in Prison under the guise of perfecting bail conditions .This is the major reason our prisons are congested.After remanding citizens for frivolous reasons , we will now set money aside for prison decongestion briefs .We need to start counting the costs in this country.We do not know the implications of our actions , that is why there are several dysfunctional spectrum in our national life .
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Sadly , most of the Federal High Courts in Nigeria insist that sureties are either very senior civil servants or holders of Certificate of Occupancy ..To be able to get such high net persons , the suspects or Defendants will need hundreds of thousand or millions of Naira, , to be able to afford them .So the poorest of the poor are those , who are languishing in prison .The Court of Appeal has also stated in Dasuki v. State Security Services (SSS), that civil servants standing sureties is illegal as same violates the civil civil rules and is illegal .
Most times , these poorest of the poor are forgotten.The Nigerian Criminal Justice system is some times structured to protect the strong and muscle the weak .Stories are rife of how different security agencies just with a motion and an affidavit get people remanded .Most times , the case files are not attached and anything the IPO says is mostly believed , except for some very meticulous Judges or Magistrates , who insist that the right thing be done .
At most Security Agencies, you are required to drop your phones at the gate .What this means is that you are not given an opportunity to make a call , if there was an emergency or capture requisite evidence in case you are abused or your rights violated .The ACJA says when you are arrested you should call your lawyer or family member .How you do you make that call , if your phone was at the gate?
It is important we put these issues in the front burner , to guarantee an egalitarian society.Nigerian Security Agencies should know that they are dealing with a different generation of Nigerian Citizens .A generation who knows and who are exposed to the International best practices .
There are very many oppressed that have been silenced by fear .Scared for their lives ,they have resigned to faith over their debasements.We can hear their cries in our silent thoughts , when we muse.
I call on Nigerian Courts to eschew technicalities in affirming the rights of citizens , the same way they should shame and blast those who have chosen to use the courts as a shield for their shenanigans.
We may all have slept as Igbo ,Hause ,Yoruba, Ijaw,Benin, Ishan ,Etsako , Uneme , but on this Day , let us not forget that we are all Nigerians . Nigeria will be great again, but through our individual actions .
Viva Nigeria.
-Douglas Ogbankwa Esq.
Convener ,
Security Situation Room and the Convener of Vanguard for the Independence of the Judiciary.
