By: Douglas Ogbankwa Esq @[email protected]
The Nigerian Criminal Justice System is replete with many nuances that are oppressive, intimidating and harassing of those who are accused of an Offence.
The whole thing has assumed a frightening dimension that many of those accused of criminal offences choose to take a flight in order not to take the risk of ending up in the complex Nigerian Prison (Correctional ) System.
Firstly, the Bail process especially at the Federal High Court is replete with too many complications that make it impossible to get home the same day you are granted Bail..
Then when a person misses a court date there is a likelihood that a Bench Warrant will be issued against him or her, without first ascertaining whether the person is even dead or he or she is n the hospital.
Some Judges and Magistrates even go as far as asking Prosecutors to verify sureties of the Defendants , when they are both parties in the matter.
Some Judges and Magistrates have the mistaken belief that when you are accused of an offence you have limited rights.
That is false. A person accused of an offence is protected by Section 35(3)(5)(6) & (7) of the Constitution, which says among other things that you should be given enough time, all the materials you need to Defend yourself and other safeguards of fair hearing.
Another false heresy is that anything that the Prosecutors bringo Court cannot be challenged even in different applications asking for different reliefs.
Some of the Directors of Public Prosecutions are highly compromised and the outcome of their advice can be challenged in Court to point out the intellectual nd legal fraud that may be present.
The impression that you must undergo trial. When there is no reason according to the proof of evidence for you to do so, is therefore false, if you find a legal means of ending impunity, the Court should consider it, one way or the other.
The Judge or Magistrate therefore is an impartial arbiter. In Nigeria ‘s adversarial System of adjudication, the Judge or Magistrate cannot be seen to be in the same league as if they had a pre briefing before the case.
The Judge or Magistrate as an impartial arbiter is expected to listen to both parties and make his Rulings .He can make ask parties to address him on areas of law, but it is not the job of the Judge or Magistrate to argue the case of the Prosecution.
We are all part of the State. A Criminal Case is a not a Crucifixion , it is legal battle between two competing parties based on facts and circumstances and the Judge or Magistrate should never threaten the Defendant with his Powers as doing so indicates the Judge or Magistrate has an overt interest in the matter.
The Nigerian Judiciary has been in the eye of the storm. We still have Rules and Procedures that guide us.
The Citizenship of a Nigerian accused of an offence is not suspended. Section 36 [6] of the Constitution presumes hheor her Innocent. It means that there is nothing in Law hat stops him or her from exercising his or her full rights.
The National Judicial Council should organize seminars to push this issue. There is no second-class citizen in Nigeria, even if you were a convict.
About the Author: Douglas Ogbankwa Esq.@ @[email protected], is the Convener of the Vanguard for the Independence of the Judiciary.
