Defence Lawyers Behind Delay In Administration Of Justice In Courts ― DPP

The Department of Public Prosecution (DPP) has accused defence
lawyers of frustrating prosecution and delaying courts
processes.

This was declared by the Director, Department of Public
Prosecution, Ministry of Justice, Ondo State, Mr Simbo Oni, during
the presentation of findings of cases monitored in selected courts
in the state by Rule of Law and Empowerment Initiative also known
as Partners West Africa Nigeria.

Oni who called on defence counsels to assist in accelerating
prosecution instead of stalling processes to frustrate court
processes.

He said “they (defence counsels) will always come with gimmicks
to frustrate prosecution. When they come like that we have no
choice than to remain steadfast to make sure that the prosecution
is done.

“All they look for is a way to delay, to frustrate prosecution.
My fear with the ACJL is that it is not an act. The intention of
the drafters of the ACJL is not to delay or to frustrate
prosecution.”

However, a legal practitioner, Mr Mills Orlu-Orlu absolved the
defence counsels, saying they are not to be blamed over the issue
as stressing that all what a lawyer of a defendant wants is for the
law to be followed to the letter during prosecution.

“The truth is that if the contractual statement is not in
compliance with the mandatory requirement, the law says it should
be discontinuance, that it should not be admitted in evidence
because it makes it illegal null and void.

“So, when we now raised an objection and seek adjournment in
order to clarify that point of law, we will be accused of
frustrating proceedings, meanwhile, we are only trying to ensure
that justice is fulfilled. So, until they amend that law, the law
stands.

“The law is curative. It came to cure mischief. The law was
actually targeted at the police because the way the police extract
confession from defendants under torture was what the law came to
cure.”

Meanwhile, during the programme, the Ondo State judiciary was
commended by PWAN for the diligence in concluding cases and for
recording average convictions within the stipulated time of
arraignment under the Administration of Criminal Justice Law and
Act, ACJL/A.

According to PWAN in its release of findings, tagged “Enhancing
Transparency and Accountability in the Judicial Sector,” which was
presented to stakeholders within the judicial sector in the state
disclosed that between November 2017-November 2018 High Courts were
able to conclude 100% of the monitored cases, while the Magistrate
Courts recorded 40% conclusion.

The Programme Officer of PWAN Mr. Henry Anoliefo, said, “it
takes a longer time from date of filing of a charge to its
assignment at the High Court at 32 days compared to five days at
the Magistrate court. It is commendable that the Judiciary has
tried a lot in this regard particularly at the Magistrate courts
while the High Courts have also done well, but there is room for
improvement to meet up the 15 days’ provision of the ACJL.

“We also commend the High Courts for recording 50% convictions
on cases observed while 39% was recorded in the Magistrate Courts.
Not a bad record of progress,” he said.

On prompt arraignment of defendants, prosecuting agencies
responsible for the detention of suspects in criminal matters were
advised to arraign suspects promptly, to avoid delays.

Stakeholders at the presentation meeting, include
representatives of the Ministry of Justice, the Nigerian Bar
Association, Association of Female Lawyers and Civil Society
Organisations.

Nigerian tribune

Prison Officer Jailed for 4 years Imprisonment for Job
Scam

An officer with the Kuje Correctional Centre, Ahmed Abdu, has
been sentenced to a four-year jail term by the High Court of the
Federal Capital Territory (FCT), Gwagwalada, for engaging in
employment scam.

Justice Abubakar Idris Kutigi, who handed down the sentence to
him, said it would deter other government officials that may want
to take advantage of the unemployment situation in the country to
defraud unsuspecting job seekers.

Abdu was charged before the court in 2014 by the Independent
Corrupt Practices and Other Related Offences Commission (ICPC) for
defrauding one Adamu Abubakar of N250, 000.

He was also said to have collected the same amount from five
other persons to get them employed into any of Nigeria Immigration
Service, Nigeria Security and Civil Defence Corps and Nigerian
Correctional Service, and signed an undertaking to refund the money
if he failed to
deliver.

ICPC, in a two-count charge, told the court that the convict
used his position as a public officer to hoodwink his victims into
paying money for jobs that did not exist.

His actions were in contravention of Section 10 (a) (ii) of the
Corrupt Practices and Other Related Offences Act, 2000 and
punishable under the same section.

Prior to the sentencing, Abdu who was not represented by a
counsel, pleaded with the court to be lenient with him, adding that
he was a first-time offender, as well as, the first child of his
family with a very large number of dependants.

Counsel to ICPC, Ngozi Onwuka, in her submission, prayed the
court to direct Abdu to make restitution by refunding the monies he
collected from other victims to them.

Justice Kutigi, in his ruling said that even though the court
was mindful of Abdu’s plea for leniency, he was only allowed to
apply the dictates of the extant laws upon which he was
charged.

He said that the facts before the court had shown a consistent
trait of the convict using his position as a public officer to lure
unsuspecting job seekers to pay for non-existent jobs.

He also lamented that the crime committed by Abdu had become
widespread in the country, adding that the court’s aim was to deter
others that may have his kind of mindset from committing
crimes.

He therefore sentenced him to four years imprisonment – two
years on each count – with no option of fine, and that the
sentences would run concurrently.

Signed: Mrs. Rasheedat A. Okoduwa, mni
Spokesperson for the Commission