FG charges Magistrate on Human Rights Violation, Prison Oversight

The Federal government has tasked Magistrates across
the country to conduct periodic oversight of police stations or
other places of detention within their domains other than prisons
with a view to uncover cases of human rights violation in various
detention centres according to section 34 of the Criminal Justice
Act.

   The directive was given by the
Federal Justice Sector Reform Coordinating Committee at the opening
of a two-day sensitization workshop for the South East
geo-political zone on the implementation of sections 29, 33 and 34
of the Administration of Criminal Justice Act (ACJA), 2015 in
Owerri, Imo State.

    The Solicitor General of the
Federation and Permanent Secretary, Federal Ministry of Justice,
Mr. Dayo Apata (SAN), who is the Chairman of the Committee, noted
that it has become imperative for magistrates to conduct the
oversight on detention centres as a way of addressing prison
congestion and cases of abuse allegedly taking place in detention
centres across the country.

  The workshop, which was attended by
magistrates, legal practitioners and various security agencies
including the police, prisons officials, Civil Defense and
officials of the Department of State Security Service (DSS), aimed
at reforming the criminal justice administration and promotion of
the rule of law.

The exercise was the aftermath of the validation and
adoption of the report of 2018 workshop, which saw the need to
train those saddled with the responsibility of implementing the
ACJA.

 The provisions of the identified sections were
also explained to the participants.

  According to the SGF, section 29(1) of the
Act provides a mechanism for interface between the Inspector
General of Police and the Attorney General of the Federation on one
hand and the Commissioner of Police and the Attorney General of the
State on the other hand.

  “The section requires the Inspector
General of Police to remit quarterly to the Attorney General of the
Federation a record of all arrest made with or without warrant in
relation to federal offences within Nigeria.”

  Meanwhile, Section 29(2) of the Act
requires the Commissioner of Police of a State or head of agency
authorized to make arrest to remit quarterly to the Attorney
General of the State records of arrest with respect to state
offences.

  Also, section 33 of the Act stipulates
that an officer in charge of a police station or an officer in
charge of an agency authorized to make arrest to, on the last
working day of every month, report to the Magistrate, the cases of
all suspects arrested without warrant within the limits of their
respective stations or agency whether the suspects have been
admitted to bail or not. “Section 34 of the Act requires a chief
Magistrate or a Magistrate designated by the Chief Judge of the
State to conduct an inspection of police stations or other places
of detention within his territorial jurisdiction other than the
prison”.

  “The above provision also requires the
Chief Magistrate to submit the report from the officer in charge of
a police station to the criminal Justice Monitoring Committee who
is expected to analyze the reports and advice the Attorney General
accordingly”, he said.

  However, he decried the fact that the Act
made no provisions for the templates or protocols for generating
and submitting such reports.

 For the oversight, the law empowers the
Magistrate in the course of the visit to call for, and inspect the
records of arrest of the police station or detention facility.

  The magistrate also has the right to
direct the police station on the arraignment of suspects, advise on
bail and grant bail where necessary, work towards improving public
perception of security agencies and compliant with ACJA provisions
as well as promote accountability and transparency in criminal
justice administration.

Apata expressed appreciation to His Excellency, the
Executive Governor of Imo State, Rt. Hon. Emeka Ihedioha for
graciously hosting the workshop. He thanked all stakeholders and
development partners for their support in a collective effort at
reforming the justice system and for attending workshop, He wished
all the participants a successful deliberation.

In his keynote address, the Executive Governor of Imo
State, Rt. Hon. Emeka Ihedioha expressed appreciation to the
Federal government to collaborate with Imo state government in
justice delivery system for the common good and interest of
effective justice delivery.

Represented by his Deputy, Engr. Gerald Irona,
the Executive Governor hoped that the intellectual exchanges and
experiences among participants at the workshop would proffer
lasting solution to breach of gaps identified in the administration
of Criminal Justice Act.

He was optimistic that the objectives of the Act will
be actualized if the same is implemented and complied with by all
key players involved.

Ogundoro Modupe

Deputy Director (Information)