(Being the paper delivered by FEMI FALANA,
SAN, at the virtual meeting held mark the first
anniversary of the Human Rights Defenders and Protectors held on
Sunday, April 18, 2021).
![image](/2021/04/lawyers-forum.jpg")
![image](/2021/04/CaseManager.jpg")
I extend fraternal greetings and wishes to the Human Rights
Defenders and Protectors of Nigeria on the occasion of your first
anniversary. Even though our organisation, Alliance on Surviving
Covid 19 and Beyond (ASCAB) came in contact with your association a
few months ago, our close collaboration has been beneficial to many
victims of human rights abuse in the country. I recall that sequel
to the clampdown on the #endsars campaigners last year by the
security forces of the neo-colonial State your association teamed
up with ASCAB in securing bail for scores of detained protesters
and defending others who were charged with unlawful assembly,
breach of peace and allied offences.
![image](/2021/01/payne-alex.jpg")
No doubt, there are many shared values between the work of the
ASCAB and your association. Having realised that human rights
cannot thrive in an atmosphere of impunity in a country ruled by
anti democratic forces, we have, in alliance with other patriotic
forces, decided to put the question of political power in the
front burner. We are confident that after broad consultation with
other concerned citizens and organisations we shall resolve to form
a political party whose primary goals will include the
actualisation of the provisions of chapter two of the Constitution
with respect to the socioeconomic rights of the Nigerian
people. I strongly share the view that without economic
empowerment the Nigerian people cannot afford to seek legal advice
and pay for legal services and thereby enhance the financial
stability of Nigerian lawyers. In this presentation, we shall
draw the attention of this distinguished audience to such laws. But
before we do that it is germane to review the impact of
ongoing strike of the judicial staff union of Nigeria (JUSUN) on
the justice sector.
Financial autonomy for the
judiciary
Sections 81(2) and 123 of the 1999 Constitution have guaranteed
financial autonomy for the nation’s judiciary. But due to the
refusal of the federal government and state governments to comply
with the provisions of the Constitution the Judicial Staff Union of
Nigeria (JUSUN) and Dr. Olisa Agbakoba SAN sued the Governments at
the Federal High Court. Both cases were won by the plaintiffs. The
Federal Government is said to have complied with the
judgments while state governments have treated them with contempt.
The Executive Order 10 issued by President Buhari to authorise the
Accountant-general of the Federation to deduct the fund standing to
the credit of the judiciary in the consolidate revenue of each
state has been challenged by the Nigeria Governors Forum.
Even though the industrial action embarked upon by members of
the Judicial Staff Union of Nigeria to enforce the judgments has
had paralytic effect on the courts for the past two weeks it should
be supported as financial autonomy for the judiciary will
strengthen the democratic process. It will also improve legal
practice as judges will be freed from the stranglehold of the
executive organ of the Government and discharge their
constitutional duties without fear or favour. However, in view of
the deleterious effect of the strike on suspects and defendants who
are languishing in custody we call on the various State Governments
to address the demands of the judicial staff.
Few Lawyers in Nigeria
It is generally believed that Nigeria has produced too many
lawyers. By 2010, it was disclosed by the management of the
Nigerian Law School that the institution had not trained up to
70,000 lawyers since it was established in 1962. From reports in
the media, Nigeria has since then been producing between 3,000 and
4,000 lawyers per annum. The Nigerian Bar Association (NBA has
announced that it has “a membership of over 105,406 lawyers active
in 125 Branches across the 36 states, including the Federal Capital
Territory of Nigeria.” You will agree with me that the number of
lawyers in Nigeria is not sufficient to service a population
of 206 million people.
Although law is not an urban profession majority of Nigerian
lawyers are concentrated in a few cities partly due to lack of
opportunities in the rural areas of the country. Since human
rights abuse is prevalent in the rural areas the cry of the victims
should be addressed by progressive lawyers since the National Human
Rights Commission and the Legal Aid Council are based in the
Federal Capital Territory and state capitals. Since all Nigerian
people are entitled to legal services I am compelled to urge young
lawyers to take up the challenge of setting up law firms and
offices in the rural areas.
N75 billion Youth Investment
Fund
In October last year, Nigerian youths launched #endsars campaign
and demonstrated against police brutality in the country. After the
#endsars protest, the Federal Government announced a N75 billion
Youth Investment Fund to address youth unemployment from 2021-2023.
Since the disbursement of the fund has commenced I call on the
branches of the NBA to assist young lawyers to apply for the soft
loan for the purpose of setting up law offices. The NBA should
equally monitor the state governments that announced plans to
provide job opportunities for young people in the public
service.
Duty of NBA to provide welfare and security
for lawyers
One of the principal aims and objectives of the Nigerian Bar
Association set out in section 3(13) of the 2015 Constitution
of the NBA, is the “establishment of
schemes for the promotion of the welfare, security, and economic
advancement of members of the legal profession”. Year in, year
out the leaders of the leaders of the NBA pay lip service to the
welfare of lawyers. This is not acceptable given the fact that the
NBA collects practicing fees running into hundreds of millions of
Naira from members on a yearly basis. Apart from convening
conferences and organising dinners the NBA hardly attends to the
myriad of problems confronting its members. It is suggested
that at least N100 million should be set aside to empower young
lawyers to open law offices. Senior lawyers and corporate bodies
should be encouraged to contribute to the fund. This
policy will contribute to the empowerment of many young
lawyers.
We have found that despite the prevalence of the infringement of
human rights of the people living in the rural areas they are
denied access to legal practitioners. Even the National Human
Rights Commission and the Legal Aid Council are located in the
Federal Capital Territory and state capitals. It is high time both
institutions were compelled to extend their services to all victims
of human rights abuse. At the same time, human rights organisations
should respond to the demand of the people in the rural communities
for legal representation. Our law firm will be willing to partner
with lawyers that are willing to promote and defend human rights in
the rural areas.
It is pertinent to inform you that due to the campaign of the
human rights community and other stakeholders the national assembly
has enacted the Administration of Criminal Justice Act, 2015, Anti
Torture Act 2017 and Police Establishment Act 2020. It is now left
for Nigerian lawyers to ensure that these laws are enforced to
protect the fundamental rights of suspects. In the process, many
lawyers are going to be employed by the Police and the
ministries of justice in the various states. Regrettably, the
Nigerian Bar Association has not taken advantage of the
provisions of such laws to improve the economic conditions of its
members. Permit me to refer to the relevant provisions of the laws
which ought to be implemented without any further delay.
- Right of detained suspects to consult
lawyers
By virtue of Section 6 of the Administration of Criminal Justice
Act suspects arrested by the police and other law enforcement
agencies are entitled to consult legal practitioners of their
choice before making, endorsing or writing any statement or
answering any question put to them after arrest. They are also
entitled to free legal representation by the Legal Aid Council of
Nigeria where applicable. Under section 17 of the Act, where a
suspect wishes to make a statement it shall be taken in the
presence of a legal practitioner of his or her choice, or where he
or she has no legal practitioner, in the presence of an officer of
the Legal Aid Council of Nigeria or an official of a civil society
organisation or a Justice of the Peace or any other person of his
or her choice.
But in utter breach of the law, police stations are “no go
areas” for lawyers. On a regular basis, lawyers who appear in
police stations to be briefed by their clients are harassed and
intimidated by the police for allegedly interfering with police
investigation. It is submitted that since rich and powerful
suspects are allowed to consult their lawyers all other suspects
should have unhindered access to their lawyers or lawyers assigned
to them by the Legal Aid Council. After all, the fundamental right
of citizens to equality before the law is guaranteed by the
Constitution. The recognition of the right of all suspects
detained in police stations to consult counsel of their choice
will create job opportunities for young lawyers.
- Legal aid for indigent citizens
The amendment of the Legal Aid Council Act in 2011 has expanded
the scope and authority of the Legal Aid Council. The power of the
Council is no longer limited to the provision of defence of certain
criminal cases. The Council has established a service known
as the Civil Litigation Service for the purpose of assisting
indigent persons to access legal advice, assistance, and
representation in court where the interest of justice demands, to
secure, defend, enforce, protect or otherwise exercise any right,
obligation, duty, privilege interest or service to which that
person is ordinarily entitled under the Nigerian legal system.
In the same vein, the Council established a service known as the
Criminal Defence Service for the purpose of assisting indigent
persons involved in criminal investigation or proceedings and
access to such advice, assistance and representation as the
interest of justice requires. Furthermore, legal aid shall be
granted to a person whose income does not exceed the national
minimum wage while the Board of the Council may, in exceptional
circumstance, grant legal aid service to a person whose earning
exceeds the national minimum wage.
From the foregoing, the mandate of the Council has been
empowered to offer free legal advice and assign legal practitioners
to appear for indigent citizens in civil and criminal courts. In
addition the Administration of Criminal Justice Act and the Police
Establishment Act have imposed onerous responsibility on the the
Council to assign legal practitioners to represent indigent
criminal suspects in all police stations in the country. In spite
of such enormous responsibilities the national assembly has not
deemed it fit to increase the annual budget of the Council. The NBA
ought to make a strong case for the employment of thousands of
legal practitioners by the Council in order to enforce the
provisions of the relevant laws.
iii. Restriction of prosecution of criminal cases to
lawyers
Section 66 (1) of the Police Establishment Act provides that
subject to the provisions of section 174 and 211 of the
Constitution and section 106 of the Administration of the Criminal
Justice Act which relate to the powers of the Attorney-General of
the Federation and of a State to institute, take over and continue
or discontinue criminal proceedings against any person before any
court of law in Nigeria, a police officer who is a legal
practitioner, may prosecute in person before any court whether or
not the information or complaint is laid in his or her name.
Apart from Delta and Kano states which have adopted the
prosecution of criminal cases by legal practitioners including
police officers who are lawyers other states have continued to
have criminal cases prosecuted by lay police officers. The NBA
ought to liaise with the Attorneys-General in the remaining 34
States with a view to amending the extant Administration of
Criminal Justice Laws to lay off lay police prosecutors. Not only
will the policy enhance the quality of criminal justice in all
courts it will also compel the ministries of justice of the
affected states to engage the services of thousands of lawyers.
- Posting of Lawyers to serve in all police
stations
Section 66 (3) of the Police Establishment Act provides that at
least one police officer who is a legal practitioner shall be
assigned to every police division to supervise compliance with
human rights laws and standards. In 2017, it was reported that
there were 5,556 units of the police stations, police posts,
command, and headquarters as of 2017. Since suspects are
detained in all the police units it estimated that not less than
5,556 lawyers will be employed to ensure that the fundamental
rights of suspects are respected by police investigators.
- Monthly visitation to police station by Chief
Magistrates
Section 34 of ACJA and section 70 of the Police Act provide that
a Chief Magistrate, or where there is no Chief Magistrate
within the police division, any magistrate designated by the Chief
Judge for that purpose, shall, at least every month, conduct an
inspection of police stations or other places of detention within
his territorial Jurisdiction other than the prison. During the
visit, the magistrate may (a) call for, and inspect, the record of
arrests; (b) direct the arraignment of a suspect; (c) where bail
has been refused, grant bail to any suspect, where appropriate, if
the offence for which the suspect is held is within the
jurisdiction of the magistrate. Judges shall visit other detention
facilities in their jurisdiction to carry out the same duties
like the Magistrates.
All efforts to prevail on the NBA leadership to direct the
members of the human rights committees in all the 125 branches to
accompany Chief Magistrates and Judges during the monthly visit of
police stations and other detention centres have failed. It is
hoped that members of this Association will mobilize young lawyers
to take up the assignment. If the visits are conducted
regularly the incidence of illegal arrests and detention of
suspects and other innocent citizens will be greatly reduced.
- Duty of NBA Officers to visit correctional
centres.
By virtue of Section 21 of the Nigeria Correctional Services Act
2019 the President and other executive members of the Nigerian Bar
Association are among the official visitors of correctional centres
in the country. The functions of the visitors of Custodial Centres
are :
- Visit the Custodial Centres and inspect the wards, cells, yards
and other apartments or
divisions of the Custodian Centre. - Receive the complaint, if any, of the inmates.
- Inspect the journals, registers and books of the Custodial
Centre and conditions of treatment of the inmates; and - Call the attention of the Superintendent to any irregularity in
the administration of the Custodial Centre or structural defect
which may require urgent
attention.
Since the Nigerian Correctional Services Act was enacted in
2019, the NBA officials and other official visitors have not
carried out their statutory duties. Hence, congestion and other
problems associated with the nation’s correctional centres have not
been addressed. I call on the NBA leadership to visit the
correctional centres, compile the list of inmates that have no
lawyers and farm their cases to young lawyers who should be paid
nominal fees and senior lawyers who may wish to render pro bono
services.
vii. Appointment of lawyers as members of statutory
bodies
The laws setting up several statutory bodies provide that the
NBA shall nominate lawyers as members of the governing councils or
boards of a number of statutory bodies. Some of the bodies are
dissolved and not reconstituted by the government. For
instance, the Chairman of the Council of the National Human
Rights Commission is a retired judge or a lawyer of not less than
20 years experience. Two other members of the Council are lawyers.
But since the Council was dissolved in 2015 by the Buhari
administration it has not been reconstituted. Owing to the refusal
of the Government to reconstitute the Council the rate of human
rights abuse has been on the ascendancy. Yet, the
Nigerian Bar Association has not deemed it fit to demand the
reconstitution of the Council.
viii. Appearance of lawyers before special domestic
tribunals and international courts
I have noted that many lawyers are not aware of the existence of
some domestic tribunals set up to address specific matters.
One of such judicial fora is the Investments and Securities
Tribunal which has original and appellate jurisdiction to
interpret and adjudicate on all capital market and investments
civil disputes as specified under the Investments and Securities
Act No. 29 of 2007. Notwithstanding the existence of the
National Industrial Court the Industrial Arbitration Panel (IAP) is
vested with the power to make provisions for the settlement of
trade dispute. The Panel is constituted of a Chairman, vice
Chairman, and at least ten members appointed by the Minister of
Labour and Productivity.
In the same vein, only a few Nigerian lawyers are involved in
the practice of law in the in regional and international courts and
tribunals including the International Criminal Court, United
Nations Human Rights Committee, United Nations Centre Against
Arbitrary Detention, African Commission on Human and Peoples
Rights, African Court on Human and Peoples Rights and Court
of Justice of the Economic Community of West African States. I
have been mounting pressure on the authorities of the Nigerian Law
School to include human rights and humanitarian law in the
curriculum of the institution.
- Prosecution of electoral offenders by
lawyers
We have confirmed that the Police and other security agencies
arrested hundreds of criminal elements before and during the 2019
general elections conducted by the Independent National Electoral
Commission. The threat of former Inspector-General of Police, Mr.
Mohammed Adamu to charge the the suspected electoral
offenders before appropriate courts was not carried out. In the
past, the prosecution of electoral offenders was usually sabotaged
by state attorneys-general who filed nolle prosequi to
terminate the cases due to political pressure from the ruling party
in the states. To prevent such impunity section 150 of the
Electoral Act, 2010 has vested INEC with the powers to prosecute
any person who violates the provisions of the Electoral Act.
But the INEC has concentrated attention on defending election
petitions without making arrangements to prosecute electoral
offenders. I recall that after the 2011 general election the NBA
collaborated with the INEC in the prosecution of electoral
offenders. I was privileged to have coordinated the young lawyers
who were assembled for the national assignment at the material
time. Although majority of the electoral offenders were
successfully prosecuted the policy did not continue due to the
change of leadership in the INEC and the NBA. It is suggested that
the policy be revived by the INEC and the NBA in the interest
of credible elections in Nigeria.
- Creation of legal departments in local
governments
A respected lecturer in the Nigerian Law School, Mr. Sylvester
Udemezue has suggested to the Nigerian Bar Association to prevail
on the authorities to establish legal department “in all
the 774 LGAs (Local Government Councils) in Nigeria; Legal
Departments in all MDA’s (Ministries, Departments and Agencies);
Legal Departments in all police formations and stations; Legal
Departments in all Universities, and schools; etc.” Mr.
Udemezue has also suggested “the encouragement and protection of
the right of access to courts at reasonably affordable
fees and of representation by counsel before courts and
tribunals as well as setting machinery in motion to retrieve or
recover legal practice jobs/areas already stolen by
non-lawyers.”
Prosecution of hardened criminal
suspects
The police headquarters and the police commands in all the
states of the federation as well as the Federal Capital Territory
parade suspects allegedly involved in armed robbery, kidnapping,
ritual murder, culpable homicide and other violent crimes. After
the illegal parade and media trial, a few of the suspects are
released while others are “wasted”. The NBA and the human right
community should end such extrajudicial execution of suspects
without trial.
From the information at my disposal, the national assembly has
appropriated a huge sum of money for the trial of thousands of
terror suspects who have been detained without trial for
several years. A special fund has also been earmarked for the
congestion of all correctional centres in all the states of the
federation. The NBA should liaise with the office of the Attorney
General of Federation with a view to ensuring that the prosecution
of the suspects is farmed out to young members of the legal
profession as the Federal Ministry of Justice does not have the
capacity to undertake the prosecution of all detained terror
suspects and prison decongestion.
Conclusion
In this presentation, I have challenged the NBA to take far
reaching measures for the enforcement of the fundamental right of
suspects and other citizens guaranteed by the Constitution and
other relevant statutes. It is undoubtedly clear that if the
aforesaid laws are religiously enforced the practice of law will
greatly improve while the financial stability of lawyers will be
assured. To stop the discriminatory treatment meted out to lowly
placed suspects, the torture of suspects and other human rights
violations we have requested the Police Authorities to furnish all
police stations with copies of the Police Establishment Act 2020
and the Anti-Torture Act 2017. I have been assured by the Acting
Inspector-General of Police, Mr. Alkali Baba that he will
accede to our request.
Let me conclude my address by challenging the Human Rights
Defenders and Protectors to collaborate with the human rights
committees of the branches of the NBA promote and defend
fundamental rights under the rule of law. Without the involvement
of people the struggle for human rights cannot be won. In
addition, you must link up with other progressive lawyers in the
mobilisation and sensitisation of the people to become defenders of
human rights.
(Being the paper delivered by FEMI FALANA,
SAN, at the virtual meeting held mark the first
anniversary of the Human Rights Defenders and Protectors held on
Sunday, April 18, 2021).
I extend fraternal greetings and wishes to the Human Rights
Defenders and Protectors of Nigeria on the occasion of your first
anniversary. Even though our organisation, Alliance on Surviving
Covid 19 and Beyond (ASCAB) came in contact with your association a
few months ago, our close collaboration has been beneficial to many
victims of human rights abuse in the country. I recall that sequel
to the clampdown on the #endsars campaigners last year by the
security forces of the neo-colonial State your association teamed
up with ASCAB in securing bail for scores of detained protesters
and defending others who were charged with unlawful assembly,
breach of peace and allied offences.
No doubt, there are many shared values between the work of the
ASCAB and your association. Having realised that human rights
cannot thrive in an atmosphere of impunity in a country ruled by
anti democratic forces, we have, in alliance with other patriotic
forces, decided to put the question of political power in the
front burner. We are confident that after broad consultation with
other concerned citizens and organisations we shall resolve to form
a political party whose primary goals will include the
actualisation of the provisions of chapter two of the Constitution
with respect to the socioeconomic rights of the Nigerian
people. I strongly share the view that without economic
empowerment the Nigerian people cannot afford to seek legal advice
and pay for legal services and thereby enhance the financial
stability of Nigerian lawyers. In this presentation, we shall
draw the attention of this distinguished audience to such laws. But
before we do that it is germane to review the impact of
ongoing strike of the judicial staff union of Nigeria (JUSUN) on
the justice sector.
Financial autonomy for the
judiciary
Sections 81(2) and 123 of the 1999 Constitution have guaranteed
financial autonomy for the nation’s judiciary. But due to the
refusal of the federal government and state governments to comply
with the provisions of the Constitution the Judicial Staff Union of
Nigeria (JUSUN) and Dr. Olisa Agbakoba SAN sued the Governments at
the Federal High Court. Both cases were won by the plaintiffs. The
Federal Government is said to have complied with the
judgments while state governments have treated them with contempt.
The Executive Order 10 issued by President Buhari to authorise the
Accountant-general of the Federation to deduct the fund standing to
the credit of the judiciary in the consolidate revenue of each
state has been challenged by the Nigeria Governors Forum.
Even though the industrial action embarked upon by members of
the Judicial Staff Union of Nigeria to enforce the judgments has
had paralytic effect on the courts for the past two weeks it should
be supported as financial autonomy for the judiciary will
strengthen the democratic process. It will also improve legal
practice as judges will be freed from the stranglehold of the
executive organ of the Government and discharge their
constitutional duties without fear or favour. However, in view of
the deleterious effect of the strike on suspects and defendants who
are languishing in custody we call on the various State Governments
to address the demands of the judicial staff.
Few Lawyers in Nigeria
It is generally believed that Nigeria has produced too many
lawyers. By 2010, it was disclosed by the management of the
Nigerian Law School that the institution had not trained up to
70,000 lawyers since it was established in 1962. From reports in
the media, Nigeria has since then been producing between 3,000 and
4,000 lawyers per annum. The Nigerian Bar Association (NBA has
announced that it has “a membership of over 105,406 lawyers active
in 125 Branches across the 36 states, including the Federal Capital
Territory of Nigeria.” You will agree with me that the number of
lawyers in Nigeria is not sufficient to service a population
of 206 million people.
Although law is not an urban profession majority of Nigerian
lawyers are concentrated in a few cities partly due to lack of
opportunities in the rural areas of the country. Since human
rights abuse is prevalent in the rural areas the cry of the victims
should be addressed by progressive lawyers since the National Human
Rights Commission and the Legal Aid Council are based in the
Federal Capital Territory and state capitals. Since all Nigerian
people are entitled to legal services I am compelled to urge young
lawyers to take up the challenge of setting up law firms and
offices in the rural areas.
N75 billion Youth Investment
Fund
In October last year, Nigerian youths launched #endsars campaign
and demonstrated against police brutality in the country. After the
#endsars protest, the Federal Government announced a N75 billion
Youth Investment Fund to address youth unemployment from 2021-2023.
Since the disbursement of the fund has commenced I call on the
branches of the NBA to assist young lawyers to apply for the soft
loan for the purpose of setting up law offices. The NBA should
equally monitor the state governments that announced plans to
provide job opportunities for young people in the public
service.
Duty of NBA to provide welfare and security
for lawyers
One of the principal aims and objectives of the Nigerian Bar
Association set out in section 3(13) of the 2015 Constitution
of the NBA, is the “establishment of
schemes for the promotion of the welfare, security, and economic
advancement of members of the legal profession”. Year in, year
out the leaders of the leaders of the NBA pay lip service to the
welfare of lawyers. This is not acceptable given the fact that the
NBA collects practicing fees running into hundreds of millions of
Naira from members on a yearly basis. Apart from convening
conferences and organising dinners the NBA hardly attends to the
myriad of problems confronting its members. It is suggested
that at least N100 million should be set aside to empower young
lawyers to open law offices. Senior lawyers and corporate bodies
should be encouraged to contribute to the fund. This
policy will contribute to the empowerment of many young
lawyers.
We have found that despite the prevalence of the infringement of
human rights of the people living in the rural areas they are
denied access to legal practitioners. Even the National Human
Rights Commission and the Legal Aid Council are located in the
Federal Capital Territory and state capitals. It is high time both
institutions were compelled to extend their services to all victims
of human rights abuse. At the same time, human rights organisations
should respond to the demand of the people in the rural communities
for legal representation. Our law firm will be willing to partner
with lawyers that are willing to promote and defend human rights in
the rural areas.
It is pertinent to inform you that due to the campaign of the
human rights community and other stakeholders the national assembly
has enacted the Administration of Criminal Justice Act, 2015, Anti
Torture Act 2017 and Police Establishment Act 2020. It is now left
for Nigerian lawyers to ensure that these laws are enforced to
protect the fundamental rights of suspects. In the process, many
lawyers are going to be employed by the Police and the
ministries of justice in the various states. Regrettably, the
Nigerian Bar Association has not taken advantage of the
provisions of such laws to improve the economic conditions of its
members. Permit me to refer to the relevant provisions of the laws
which ought to be implemented without any further delay.
- Right of detained suspects to consult
lawyers
By virtue of Section 6 of the Administration of Criminal Justice
Act suspects arrested by the police and other law enforcement
agencies are entitled to consult legal practitioners of their
choice before making, endorsing or writing any statement or
answering any question put to them after arrest. They are also
entitled to free legal representation by the Legal Aid Council of
Nigeria where applicable. Under section 17 of the Act, where a
suspect wishes to make a statement it shall be taken in the
presence of a legal practitioner of his or her choice, or where he
or she has no legal practitioner, in the presence of an officer of
the Legal Aid Council of Nigeria or an official of a civil society
organisation or a Justice of the Peace or any other person of his
or her choice.
But in utter breach of the law, police stations are “no go
areas” for lawyers. On a regular basis, lawyers who appear in
police stations to be briefed by their clients are harassed and
intimidated by the police for allegedly interfering with police
investigation. It is submitted that since rich and powerful
suspects are allowed to consult their lawyers all other suspects
should have unhindered access to their lawyers or lawyers assigned
to them by the Legal Aid Council. After all, the fundamental right
of citizens to equality before the law is guaranteed by the
Constitution. The recognition of the right of all suspects
detained in police stations to consult counsel of their choice
will create job opportunities for young lawyers.
- Legal aid for indigent citizens
The amendment of the Legal Aid Council Act in 2011 has expanded
the scope and authority of the Legal Aid Council. The power of the
Council is no longer limited to the provision of defence of certain
criminal cases. The Council has established a service known
as the Civil Litigation Service for the purpose of assisting
indigent persons to access legal advice, assistance, and
representation in court where the interest of justice demands, to
secure, defend, enforce, protect or otherwise exercise any right,
obligation, duty, privilege interest or service to which that
person is ordinarily entitled under the Nigerian legal system.
In the same vein, the Council established a service known as the
Criminal Defence Service for the purpose of assisting indigent
persons involved in criminal investigation or proceedings and
access to such advice, assistance and representation as the
interest of justice requires. Furthermore, legal aid shall be
granted to a person whose income does not exceed the national
minimum wage while the Board of the Council may, in exceptional
circumstance, grant legal aid service to a person whose earning
exceeds the national minimum wage.
From the foregoing, the mandate of the Council has been
empowered to offer free legal advice and assign legal practitioners
to appear for indigent citizens in civil and criminal courts. In
addition the Administration of Criminal Justice Act and the Police
Establishment Act have imposed onerous responsibility on the the
Council to assign legal practitioners to represent indigent
criminal suspects in all police stations in the country. In spite
of such enormous responsibilities the national assembly has not
deemed it fit to increase the annual budget of the Council. The NBA
ought to make a strong case for the employment of thousands of
legal practitioners by the Council in order to enforce the
provisions of the relevant laws.
iii. Restriction of prosecution of criminal cases to
lawyers
Section 66 (1) of the Police Establishment Act provides that
subject to the provisions of section 174 and 211 of the
Constitution and section 106 of the Administration of the Criminal
Justice Act which relate to the powers of the Attorney-General of
the Federation and of a State to institute, take over and continue
or discontinue criminal proceedings against any person before any
court of law in Nigeria, a police officer who is a legal
practitioner, may prosecute in person before any court whether or
not the information or complaint is laid in his or her name.
Apart from Delta and Kano states which have adopted the
prosecution of criminal cases by legal practitioners including
police officers who are lawyers other states have continued to
have criminal cases prosecuted by lay police officers. The NBA
ought to liaise with the Attorneys-General in the remaining 34
States with a view to amending the extant Administration of
Criminal Justice Laws to lay off lay police prosecutors. Not only
will the policy enhance the quality of criminal justice in all
courts it will also compel the ministries of justice of the
affected states to engage the services of thousands of lawyers.
- Posting of Lawyers to serve in all police
stations
Section 66 (3) of the Police Establishment Act provides that at
least one police officer who is a legal practitioner shall be
assigned to every police division to supervise compliance with
human rights laws and standards. In 2017, it was reported that
there were 5,556 units of the police stations, police posts,
command, and headquarters as of 2017. Since suspects are
detained in all the police units it estimated that not less than
5,556 lawyers will be employed to ensure that the fundamental
rights of suspects are respected by police investigators.
- Monthly visitation to police station by Chief
Magistrates
Section 34 of ACJA and section 70 of the Police Act provide that
a Chief Magistrate, or where there is no Chief Magistrate
within the police division, any magistrate designated by the Chief
Judge for that purpose, shall, at least every month, conduct an
inspection of police stations or other places of detention within
his territorial Jurisdiction other than the prison. During the
visit, the magistrate may (a) call for, and inspect, the record of
arrests; (b) direct the arraignment of a suspect; (c) where bail
has been refused, grant bail to any suspect, where appropriate, if
the offence for which the suspect is held is within the
jurisdiction of the magistrate. Judges shall visit other detention
facilities in their jurisdiction to carry out the same duties
like the Magistrates.
All efforts to prevail on the NBA leadership to direct the
members of the human rights committees in all the 125 branches to
accompany Chief Magistrates and Judges during the monthly visit of
police stations and other detention centres have failed. It is
hoped that members of this Association will mobilize young lawyers
to take up the assignment. If the visits are conducted
regularly the incidence of illegal arrests and detention of
suspects and other innocent citizens will be greatly reduced.
- Duty of NBA Officers to visit correctional
centres.
By virtue of Section 21 of the Nigeria Correctional Services Act
2019 the President and other executive members of the Nigerian Bar
Association are among the official visitors of correctional centres
in the country. The functions of the visitors of Custodial Centres
are :
- Visit the Custodial Centres and inspect the wards, cells, yards
and other apartments or
divisions of the Custodian Centre. - Receive the complaint, if any, of the inmates.
- Inspect the journals, registers and books of the Custodial
Centre and conditions of treatment of the inmates; and - Call the attention of the Superintendent to any irregularity in
the administration of the Custodial Centre or structural defect
which may require urgent
attention.
Since the Nigerian Correctional Services Act was enacted in
2019, the NBA officials and other official visitors have not
carried out their statutory duties. Hence, congestion and other
problems associated with the nation’s correctional centres have not
been addressed. I call on the NBA leadership to visit the
correctional centres, compile the list of inmates that have no
lawyers and farm their cases to young lawyers who should be paid
nominal fees and senior lawyers who may wish to render pro bono
services.
vii. Appointment of lawyers as members of statutory
bodies
The laws setting up several statutory bodies provide that the
NBA shall nominate lawyers as members of the governing councils or
boards of a number of statutory bodies. Some of the bodies are
dissolved and not reconstituted by the government. For
instance, the Chairman of the Council of the National Human
Rights Commission is a retired judge or a lawyer of not less than
20 years experience. Two other members of the Council are lawyers.
But since the Council was dissolved in 2015 by the Buhari
administration it has not been reconstituted. Owing to the refusal
of the Government to reconstitute the Council the rate of human
rights abuse has been on the ascendancy. Yet, the
Nigerian Bar Association has not deemed it fit to demand the
reconstitution of the Council.
viii. Appearance of lawyers before special domestic
tribunals and international courts
I have noted that many lawyers are not aware of the existence of
some domestic tribunals set up to address specific matters.
One of such judicial fora is the Investments and Securities
Tribunal which has original and appellate jurisdiction to
interpret and adjudicate on all capital market and investments
civil disputes as specified under the Investments and Securities
Act No. 29 of 2007. Notwithstanding the existence of the
National Industrial Court the Industrial Arbitration Panel (IAP) is
vested with the power to make provisions for the settlement of
trade dispute. The Panel is constituted of a Chairman, vice
Chairman, and at least ten members appointed by the Minister of
Labour and Productivity.
In the same vein, only a few Nigerian lawyers are involved in
the practice of law in the in regional and international courts and
tribunals including the International Criminal Court, United
Nations Human Rights Committee, United Nations Centre Against
Arbitrary Detention, African Commission on Human and Peoples
Rights, African Court on Human and Peoples Rights and Court
of Justice of the Economic Community of West African States. I
have been mounting pressure on the authorities of the Nigerian Law
School to include human rights and humanitarian law in the
curriculum of the institution.
- Prosecution of electoral offenders by
lawyers
We have confirmed that the Police and other security agencies
arrested hundreds of criminal elements before and during the 2019
general elections conducted by the Independent National Electoral
Commission. The threat of former Inspector-General of Police, Mr.
Mohammed Adamu to charge the the suspected electoral
offenders before appropriate courts was not carried out. In the
past, the prosecution of electoral offenders was usually sabotaged
by state attorneys-general who filed nolle prosequi to
terminate the cases due to political pressure from the ruling party
in the states. To prevent such impunity section 150 of the
Electoral Act, 2010 has vested INEC with the powers to prosecute
any person who violates the provisions of the Electoral Act.
But the INEC has concentrated attention on defending election
petitions without making arrangements to prosecute electoral
offenders. I recall that after the 2011 general election the NBA
collaborated with the INEC in the prosecution of electoral
offenders. I was privileged to have coordinated the young lawyers
who were assembled for the national assignment at the material
time. Although majority of the electoral offenders were
successfully prosecuted the policy did not continue due to the
change of leadership in the INEC and the NBA. It is suggested that
the policy be revived by the INEC and the NBA in the interest
of credible elections in Nigeria.
- Creation of legal departments in local
governments
A respected lecturer in the Nigerian Law School, Mr. Sylvester
Udemezue has suggested to the Nigerian Bar Association to prevail
on the authorities to establish legal department “in all
the 774 LGAs (Local Government Councils) in Nigeria; Legal
Departments in all MDA’s (Ministries, Departments and Agencies);
Legal Departments in all police formations and stations; Legal
Departments in all Universities, and schools; etc.” Mr.
Udemezue has also suggested “the encouragement and protection of
the right of access to courts at reasonably affordable
fees and of representation by counsel before courts and
tribunals as well as setting machinery in motion to retrieve or
recover legal practice jobs/areas already stolen by
non-lawyers.”
Prosecution of hardened criminal
suspects
The police headquarters and the police commands in all the
states of the federation as well as the Federal Capital Territory
parade suspects allegedly involved in armed robbery, kidnapping,
ritual murder, culpable homicide and other violent crimes. After
the illegal parade and media trial, a few of the suspects are
released while others are “wasted”. The NBA and the human right
community should end such extrajudicial execution of suspects
without trial.
From the information at my disposal, the national assembly has
appropriated a huge sum of money for the trial of thousands of
terror suspects who have been detained without trial for
several years. A special fund has also been earmarked for the
congestion of all correctional centres in all the states of the
federation. The NBA should liaise with the office of the Attorney
General of Federation with a view to ensuring that the prosecution
of the suspects is farmed out to young members of the legal
profession as the Federal Ministry of Justice does not have the
capacity to undertake the prosecution of all detained terror
suspects and prison decongestion.
Conclusion
In this presentation, I have challenged the NBA to take far
reaching measures for the enforcement of the fundamental right of
suspects and other citizens guaranteed by the Constitution and
other relevant statutes. It is undoubtedly clear that if the
aforesaid laws are religiously enforced the practice of law will
greatly improve while the financial stability of lawyers will be
assured. To stop the discriminatory treatment meted out to lowly
placed suspects, the torture of suspects and other human rights
violations we have requested the Police Authorities to furnish all
police stations with copies of the Police Establishment Act 2020
and the Anti-Torture Act 2017. I have been assured by the Acting
Inspector-General of Police, Mr. Alkali Baba that he will
accede to our request.
Let me conclude my address by challenging the Human Rights
Defenders and Protectors to collaborate with the human rights
committees of the branches of the NBA promote and defend
fundamental rights under the rule of law. Without the involvement
of people the struggle for human rights cannot be won. In
addition, you must link up with other progressive lawyers in the
mobilisation and sensitisation of the people to become defenders of
human rights.