Lawyers In Public And Private Practice Have Roles To Play In Enhancing ACJL In Anambra State — CLEEN Foundation

*Judicial Panels of Inquiry on EndSars should focus on justice
and fairness

Lawyers have made suggestions on how the Administration of
Criminal Justice Law of Anambra State can be enhanced

The suggestions were made at the 6th bi-monthly meeting of the
Anambra State ACJA/ACJL Working Group meeting of the CLEEN
Foundation sponsored by MacArthur Foundation and facilitated by
Ogoegbuna, Somto Stella Esq.

The theme of the meeting was “the role of members of the NBA in
enhancing the effectiveness of the ACJL in Anambra State” and
appraisal of the Judicial Panel of Inquiry on Police Brutality.

The Group noted that both lawyers in private practice and those
that work with the government all have roles to play in ensuring
the effectiveness of the ACJL.

One of the resources persons in the event, Oluchukwu Louis
Udemezue Esq., reportedly pointed out that advising clients as to
their legal rights and obligations, and as to the working of the
legal system is one of the roles that can be played by lawyers in
private practice

“The role of the lawyer in this aspect ranges from advising
clients even when there is no case or the client want to enter into
any business or other transactions. The lawyer, being the master of
procedure as pertains to the ACJL and other laws relating to
criminal justice administration is expected to guide the client on
what to do and how to do bearing in mind that the whole essence of
his being retained by the client is to ensure he doesn’t get into
any criminal liability.” he reportedly said

Another role of private legal practitioner, according to
Udemezue, are “assisting clients in every appropriate way, and
taking legal action to protect their interests – In cases where the
client’s legal rights are being infringed, to draw the attention of
the authorities to such infringement and instituting actions for
enforcement of the rights of the client where necessary.

“Appearing for Clients before courts, tribunals or
administrative authorities and insisting on the observance of the
rules of procedure as outlined by by the ACJL – About the most
important role of the lawyer in the society is representing clients
in courts and tribunals. A lawyer who appears for a client is
expected to represent he client to the best of his ability and
within the realms of the law. Under the ACJL regime, the lawyer is
expected to bring his knowledge of the innovative procedures in the
ACJL to bear in his representation.”

As for the Lawyers working in Government establishments in
enhancing the Effectiveness of the ACJL, Udemezue said they should
advise their department properly on the provisions of the ACJL and
insisting that the procedures are followed when dealing with
suspects

“Whether you are a police counsel or a lawyer working with NDLEA
etc, it is your duty as a lawyer to always call attention of the
persons carrying out investigations in that government department
to the relevant provisions of the ACJL dealing with arrests,
searches, obtaining of statements etc. Armed with such knowledge,
investigations would be ore ACJL compliant.”

He added that, “if engaged in prosecutorial position, he should
prosecute and not persecute – Not being a prosecutor prosecuting
any case on behalf of the government or any branch of the
government will advise that a suspect or accused has the services
of a lawyer at all stages in criminal proceedings and where he
doesn’t have such, the lawyer prosecutor shall ensure that the
rights of the suspect/accused are not tampered with as a result of
that.

“If the rules of procedure are not observed in investigation to
the extent that it would affect the chances of success of any
charge before the Court, do not prefer a charge.”

Om her part, Ruth Soronnadi Esq., gave an appraisal of the
ongoing Judicial Panel of Inquiry on SARS victim abuse and police
brutality in Anambra State and advised that the panel should focus
on justice and what is right.

“For the members of the judicial panel of inquiry, what is
important and critical is the sense of justice, integrity and
courage to stand for and with the truth. The concern should be on
doing what is right by making decisions, arriving at conclusions
that uphold the fundamental rights of people that have been
previously trampled upon.

“The decisions of the panel, and its recommendations where
detailed, in line with principles of natural justice, equity and
good conscience could be a platform on which complainants could
stand and seek recourse to the courts on full prosecution and
indictment of erring officers.” she said

She also advised that the compensatory reliefs it is empowered
to grant victims could to an extent assauage their feelings
especially when it is implemented by the Governor.

Soronnadi also advocated for reform and decentralization of the
Nigerian Police Force for states to have theirs.

She said, “a thorough police reform with plans for its
sustainability through systems for monitoring and evaluation
periodically cannot be overemphasized.

Equally, in the spirit of true federalism, the Nigerian
Constitution needs to be amended to accommodate a decentralization
of the Police Force. There is need for states to have their police
force independent of the federal government. This on its own is a
very important part of the needed police reform as it will aid the
better monitoring of the activities of the police by the state
governments. Without this in place, policies on police reform may
continue to remain articles of faith”.

The Working Group thanked immensely Oluchukwu Louis Udemezue
Esq. and Ruth Soronnadi Esq. who were the resource person for the
meeting.

*Judicial Panels of Inquiry on EndSars should focus on justice
and fairness

Lawyers have made suggestions on how the Administration of
Criminal Justice Law of Anambra State can be enhanced

The suggestions were made at the 6th bi-monthly meeting of the
Anambra State ACJA/ACJL Working Group meeting of the CLEEN
Foundation sponsored by MacArthur Foundation and facilitated by
Ogoegbuna, Somto Stella Esq.

The theme of the meeting was “the role of members of the NBA in
enhancing the effectiveness of the ACJL in Anambra State” and
appraisal of the Judicial Panel of Inquiry on Police Brutality.

The Group noted that both lawyers in private practice and those
that work with the government all have roles to play in ensuring
the effectiveness of the ACJL.

One of the resources persons in the event, Oluchukwu Louis
Udemezue Esq., reportedly pointed out that advising clients as to
their legal rights and obligations, and as to the working of the
legal system is one of the roles that can be played by lawyers in
private practice

“The role of the lawyer in this aspect ranges from advising
clients even when there is no case or the client want to enter into
any business or other transactions. The lawyer, being the master of
procedure as pertains to the ACJL and other laws relating to
criminal justice administration is expected to guide the client on
what to do and how to do bearing in mind that the whole essence of
his being retained by the client is to ensure he doesn’t get into
any criminal liability.” he reportedly said

Another role of private legal practitioner, according to
Udemezue, are “assisting clients in every appropriate way, and
taking legal action to protect their interests – In cases where the
client’s legal rights are being infringed, to draw the attention of
the authorities to such infringement and instituting actions for
enforcement of the rights of the client where necessary.

“Appearing for Clients before courts, tribunals or
administrative authorities and insisting on the observance of the
rules of procedure as outlined by by the ACJL – About the most
important role of the lawyer in the society is representing clients
in courts and tribunals. A lawyer who appears for a client is
expected to represent he client to the best of his ability and
within the realms of the law. Under the ACJL regime, the lawyer is
expected to bring his knowledge of the innovative procedures in the
ACJL to bear in his representation.”

As for the Lawyers working in Government establishments in
enhancing the Effectiveness of the ACJL, Udemezue said they should
advise their department properly on the provisions of the ACJL and
insisting that the procedures are followed when dealing with
suspects

“Whether you are a police counsel or a lawyer working with NDLEA
etc, it is your duty as a lawyer to always call attention of the
persons carrying out investigations in that government department
to the relevant provisions of the ACJL dealing with arrests,
searches, obtaining of statements etc. Armed with such knowledge,
investigations would be ore ACJL compliant.”

He added that, “if engaged in prosecutorial position, he should
prosecute and not persecute – Not being a prosecutor prosecuting
any case on behalf of the government or any branch of the
government will advise that a suspect or accused has the services
of a lawyer at all stages in criminal proceedings and where he
doesn’t have such, the lawyer prosecutor shall ensure that the
rights of the suspect/accused are not tampered with as a result of
that.

“If the rules of procedure are not observed in investigation to
the extent that it would affect the chances of success of any
charge before the Court, do not prefer a charge.”

Om her part, Ruth Soronnadi Esq., gave an appraisal of the
ongoing Judicial Panel of Inquiry on SARS victim abuse and police
brutality in Anambra State and advised that the panel should focus
on justice and what is right.

“For the members of the judicial panel of inquiry, what is
important and critical is the sense of justice, integrity and
courage to stand for and with the truth. The concern should be on
doing what is right by making decisions, arriving at conclusions
that uphold the fundamental rights of people that have been
previously trampled upon.

“The decisions of the panel, and its recommendations where
detailed, in line with principles of natural justice, equity and
good conscience could be a platform on which complainants could
stand and seek recourse to the courts on full prosecution and
indictment of erring officers.” she said

She also advised that the compensatory reliefs it is empowered
to grant victims could to an extent assauage their feelings
especially when it is implemented by the Governor.

Soronnadi also advocated for reform and decentralization of the
Nigerian Police Force for states to have theirs.

She said, “a thorough police reform with plans for its
sustainability through systems for monitoring and evaluation
periodically cannot be overemphasized.

Equally, in the spirit of true federalism, the Nigerian
Constitution needs to be amended to accommodate a decentralization
of the Police Force. There is need for states to have their police
force independent of the federal government. This on its own is a
very important part of the needed police reform as it will aid the
better monitoring of the activities of the police by the state
governments. Without this in place, policies on police reform may
continue to remain articles of faith”.

The Working Group thanked immensely Oluchukwu Louis Udemezue
Esq. and Ruth Soronnadi Esq. who were the resource person for the
meeting.