Douglas Ogbankwa Esq.
The Laws in Nigeria have imbued Law Enforcement Agencies with exclusive powers of Investigations, subject to review by the Offices of the Directors of Public Prosecutions, at the State and Federal Levels . After Investigation has been concluded, it becomes impossible for the prosecution to input new records in the case files in Court, except with the leave of the Court and good cause is shown.
It is imperative and apposite therefore for there to be a decentralization of the Offices of Directors of Public Prosecutions (DPPs) at the Federal and State Levels, to provide for a system that can be used by Law Officers of the Ministries of Justice, to filter cases before they are charged to Court or presented to the Offices of the DPPs for Advice.
The Filtering Process developed many years ago in Western Jurisdictions, gives State Prosecutors who are different from Lawyers of the Investigating Agencies, opportunities to have a bird’s eye view and a Second Look at the Investigation, to correct errors and to ensure some proper procedures are followed. In looking at the case file, the Law Officers anticipate likely holes to be picked in the case by the defense counsel and he blocks same, by asking the investigator, to take the case file back and do the right thing . This is also one of the ways of curbing an abuse of investigating powers, in the unlikely event that an Investigator compromises Investigations, with the aim of helping the suspects.
The Filtering Process allows the Law Officers to ensure that condition precedents in some special cases as provided for, by the Administration of Criminal Justice Act of the Federal Government, the Administration of Criminal Justice Laws of the States, and other enabling laws are complied with.
The Filtering Process improves conviction rates at the Courts, by up to double the rate and makes the prosecutors avoid the pitfalls of trials within trials, which have a way of changing the focus of a case, or at times killing it altogether.
Mr Peter Omenka , a seasoned lawyer with a specialty in developmental law, who works with ROLaC, has developed competencies in this regard and he is one of Nigeria’s foremost authorities on this issue. He has done a lot of jobs in some States in Nigeria on this issue and the records of convictions are there for all to see.
It is important we adopt this process, to strengthen our criminal justice system, keep the bad guys in jail and allow innocent people go.
About the Author:
Douglas Ogbankwa Esq.,@ [email protected] , Lawyer , Activist and Writer is the Convener of the Vanguard for the Independence of the Judiciary and Security Situation Room.
