CRIMINAL JUSTICE IN BENUE

Jerryking4real@gmail.com

One of the notable innovations of the Administration of Criminal Justice Law of Lagos State 2015, which equally occurs prominently in the Administration of Criminal Justice Act 2015 and which has been domesticated by various states in Nigeria, including the Administration of Criminal Justice Law of Benue State 2019, is the expeditious dispensation of Criminal cases.

The reason for the incorporation of provisions that will enhance the speedy and expeditious dispensation of criminal cases is rooted in the often quoted words of William Goldstone; “Justice delayed is justice denied.” The importance of speedy and expeditious dispensation of all cases, both criminal and civil, cannot be over-emphasized. As Chief Justice of the United States of America, Warren E. Burger noted in his address to the American Bar Association in 1970 that:

“A sense of confidence in the Courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do inculcate damage to society: that people come to believe that inefficiency and delay will drain even a just judgement of its value…”

It goes without saying therefore, that even before the enactment of the Administration of Criminal Justice Act and Laws of the various states, the need to incorporate provisions that will engender the speedy and expeditious dispensation of justice in Nigeria had become long overdue. Which is why, the clamour for the domestication of this Act became very rife in Benue and elsewhere.

The Administration of Criminal Justice Law of Benue State received assent on the 28^th day of May, 2019 by the Governor of the State. Since it came into existence, attempts are made by all concerned stakeholders to abide by its provisions. However, its elaborate provisions aimed at ensuring quick and speedy dispensation of criminal cases have not achieved much in that area.

In order to ensure speedy trial, the law in section 398 makes provisions for day to day trial of criminal cases. It goes ahead to provide that where day to day trial is impracticable after arraignment; parties shall only be entitled to five adjournments from arraignment to judgement. The interval between each adjournment must not exceed 14 days. Where it is impracticable to conclude criminal proceedings after the parties have exhausted their five adjournments each, the interval between one adjournment to another shall not exceed 7 days inclusive of weekends. The Court may award costs in order to discourage frivolous adjournments.

 

The law further provides that a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude same within a reasonable time.

 

By the provisions of Section 378 of the ACJL, the Attorney-General shall, within fourteen days of receipt of Police case file, issue and serve a legal advice indicating whether or not there is a prima facie case against a defendant. Where no prima facie case exists, the Attorney General shall serve a copy of the legal advice on the Police, court and the suspect and the suspect shall be released if he is in custody.

 

All the above provisions are aimed at ensuring speedy and expeditious trial of criminal cases. It is sad to note however that our police cells are still crowded with people who have been arrested and are yet to be brought to any Court for arraignment or trial. Some whose case files have been sent to the Ministry of Justice for legal advice will have to wait for indefinite years for the legal advice to finally come. Some who have been granted bail will have to continue carrying the criminal trial hanging on their necks like a gold medal for more years to come as the advice from the Attorney General’s Office is an eagle that hardly lands.

Shortly after my return to Benue State, my principal sent me to Chief Magistrate Court 3 in Makurdi. The cause list had over 23 cases and all were criminal cases. Interestingly, non of these cases could proceed as the Police Prosecutor kept informing the Court, at the mention of every case, that they were yet to receive “Legal Advice” from the Ministry of Justice. Majority of these cases were coming up in Court for further mention. Some were cases that had lingered for more than two years. The Presiding Magistrate had to strike out some First Information Reports(FIRs) that had waited for legal advice for more than three years in vain. Indeed like I earlier said the legal advice is “an eagle that never landed.”

These are some of the ugly practices which the ACJL has made elaborate provisions to do away with. A legal advice should not take up to 14 days to come. However, the ACJL has graciously given 14 days for the Attorney General to give legal advice and this is very sufficient.

The ACJL has also abolished the practice where Magistrate Courts could try cases they had no jurisdiction to try in the name of “holding charge.” There has been substantial compliance with this provision. However, the failure of the legal advice to come from the office of the Attorney General in good time has also frustrated the purpose for which holding charge was expunged from our criminal justice system.

In order to prevent the continuous detention of suspects in Police custody before arraignment, the ACJL provides in Section 295 that a suspect arrested for an offence which a Magistrate court has no jurisdiction to try shall within a reasonable time of arrest be brought before a magistrate by an exparte (without notice to any party) application which shall be verified on oath and shall contain grounds for the remand request.

 

The Magistrate Court may remand the suspect in prison custody or grant bail to the suspect in the remand proceedings.

 

Section 298 of the law stipulates that an order or remand shall not exceed a period of fourteen (14) days in the first instance which may be reviewed for a period of fourteen (14) days. The court may on application in writing and good cause shown, may extend the remand for a period not exceeding 14 days.

 

The law provides further that if the suspect is on remand at the expiration of the period provided above, he shall be granted bail in accordance with section 162 to 190 of the Law.

 

Also, at the expiration of the further order and where the suspect is still on remand, the Court can on its own authority issue a hearing notice to the Commissioner of Police and/ or Attorney-General, or any other authority in whose custody the suspect is remanded to show cause why the suspect should not be unconditionally released. Where a good cause is shown the court may extend the remand for a final period not exceeding 14 days for the suspect to be arraigned at the appropriate court. However, where a good cause is not shown for the continued remand, the court shall with or without an application discharge the suspect and he shall be released immediately from custody. No further remand application shall be entertained by any court after the above proceedings have been followed.

It is instructive to note that officers of the Nigeria Police have refused to explore this provision of the law. Suspects are still kept in Police custody far beyond detention limits stipulated under the Constitution and the ACJL as the Police always claim they are waiting for legal advice from the office of the Attorney General.  It is instructive to note that no Legal Advice is required to commence remand proceedings. Accused persons can be remanded in prisons while awaiting legal advice so there can be no justification whatsoever for keeping suspects in Police cells beyond detention limits.

In conclusion, it is important to reiterate here that the Administration of Criminal Justice Law of Benue State, 2019 has made elaborate provisions that are capable of engendering speedy and expeditious dispensation of criminal cases. But the wordings of the law, no matter how beautifully couched, cannot have direct impact on our criminal justice system if the relevant stakeholders are not willing to ensure that the provisions are religiously and strictly adhered to.

The Police and all prosecuting authorities must comply with the relevant provisions by instituting remand proceedings before Magistrate Courts while awaiting legal Advice with a view of ensuring that suspects are not kept beyond detention limits in their custody. The Attorney General must as a matter of necessity, supervise and charge  Officers in the Ministry of Justice to be more alive to their responsibilities by ensuring that legal advices sought are given within the 14 days stipulated by the Law without any further delay.

The Courts, without minding whose ox is gored, must begin to get irritated by the recurring excuses of “awaiting legal advice” anytime a case is called up. The Courts must begin to discharge suspects who have been arraigned without any legal advice for their trial to commence in earnest. No matter the nature of the offence for which a suspect is to standing trial, if it is evident from the conduct of the prosecuting authorities that they are unwilling to prosecute diligently, the suspect/Defendant should be granted bail or discharged.

Similarly, there should be a collaborative approach by Government institutions, International Partners, the Nigerian Bar Association (NBA), the International Federation of Women Lawyers (FIDA) Civil Society Organizations (CSOs) in the justice reform sector should as matter of fact help in training and retraining of Police Personnel, Magistrates, Lawyers and Judges on the principles and safeguards of the ACJL so as avoid wrongful interpretation.

The quest for a criminal justice system where there shall be speedy and expeditious dispensation of criminal cases is achievable. However, achieving this feat depends largely on the positive attitude of all relevant stakeholders towards respecting and complying with relevant laws, upholding the rule of Law as well as respecting the rights and liberties of all citizens.