Stop Issuing Reckless Remand Orders To Police, CJN Warns Judges

* …says prison congestion has become a national
embarrassment

The Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, on
Monday, barred Judges from issuing what he termed as “reckless”
remand orders to the Police, saying the level of congestion of
prisons in the country has become a national embarrassment.

The CJN who spoke at the opening ceremony of the 2018 All
Nigerian Judges’ Conference of the Lower Courts, held at the
National Judicial Institute, NJI, in Abuja, said judges must not
issue remand orders in cases where Police lack concrete evidence to
sustain its criminal allegations, or where the court does not have
the requisite jurisdiction to entertain the matter.

More so, Justice Onnoghen, said there was urgent need for a
thorough and comprehensive reform of the justice sector to curb
unnecessary delays and ensure access to justice at affordable
costs.

He said: “On the issue of prison decongestion, it is a scenario
which has become a national embarrassment.

“The numerous and sometimes needless remand orders issued by
Magistrates is a major factor responsible for the congestion of our
prisons.

“I must emphasise at this forum, the need for Heads of Courts,
in synergy With the various Attorneys-General of the States, to pay
frequent visits to prison facilities within their jurisdictions in
a bid to assess the situation on a first hand basis.

“In addition, reckless remand orders must not be issued by your
courts where it appears that the Police lack evidence to prosecute
a criminal matter or your Courts do not possess the requisite
jurisdiction to entertain such matter.

“I had recently also directed that Chief Magistrates/Magistrates
should pay frequent visits to Police Stations within their
jurisdictions to inspect the cells and where appropriate lice
detainees whhave no prima facie case against them or had been
unduly detained without bail”.

On the issue of financial autonomy, though the CJN noted that
the Judiciary at the Federal level enjoys full financial
independence, he said it was unfortunate that State Judiciaries are
not yet fnancially independent.

“The funding of the Judiciary is crucial as the most important
index for assessing its independence.

“It is clear that the litmus test to determine how free and
democratic any nation is would be to take a cursory look at its
Judiciary to find out if the Executive is prepared to obey the
principle of Separation of Powers.

“The Judiciary is a vital partner in governance. The complete
and real independence of the Judiciary is thus a reflection of the
nation and of freedom.

“The independence of the Judiciary can only be sustained and
guaranteed when there is no interference by the other arms of
Government in the discharge of its constitutional duties”, he
added.

Meanwhile, in her welcome address, the Administrator of the NJI,
Justice R. P. I. Bozimo, said the conference was a stock taking
event for Judges of the Lower Courts from all over the country to
converge and reflect upon the activities of the Judiciary and to
cross-fertilize ideas on the way forward.

“It also provides a platform to strategize on the means of
adopting global best practices to meet critical challenges in the
dispensation of justice to all in our great country.

“The theme of this year’s conference: ‘Improving The Quality Of
Justice Administration In The Lower Courts’, is sacrosanct as the
Judiciary is and has always been the fulcrum of good governance in
any country.

“As such, the Judiciary has a major role to play in upholding
Constitutional democracy, to ensure that justice is not only done
but is seen to be done, in order to accomplish the goal of
enhancing our democracy.

“The theme of this year’s conference therefore, is timely,
considering the role which your category of courts play in our
legal system”, Justice Bozimo stated.

Related