Who Will Answer? Courts And The Police Advice Against Holding Charge

By S.M.Ofoegbu Esq

TO THE NIGERIAN POLICE

Despite the decision of the apex court of Nigeria to the effect
that you the Nigerian police can competently file criminal charges
at the high courts, findings still show that you prefer romancing
with the magistrate courts even when you are very much aware that
the magistrate courts lack the jurisdiction to entertain the
charge(s) What exactly is your problem? The Constitution of Nigeria
provides that an accuse person should be taken to the nearest court
within the specified time. Is the constitution
referring to just anything or place called a court irrespective of
whether the court has the capacity to dwell on the
matter?

Why approach a court that has no power to fix an
issue? Will a reasonable man go to super market to
buy vegetables? Or, is there something extraordinary that I need to
know?

TO THE MAGISTRATE COURTS

Why entertain criminal complaints you know that you do not
possess the jurisdiction to entertain hiding under the cover of I
have the powers to make a remand order? Who has remand order or
orders ever benefitted? Why acting as if we are in USA or UK where
rights of prisoners are properly protected under the law? Oh yes,
you have the discretion to make remand orders, must you exercise
that discretion in favor of the police against the accuse person
whom you are not even sure committed the said offence taking into
consideration the kind of police we have and the nature of our
justice system? Since the police can prosecute matters at the high
court, why not direct them to approach the high court instead
making remand orders and throwing innocent persons into the
Nigerian dungeon called prison or correctional whatever? Are you
aware that 65 percent of inmates in the various so called
correctional facilities across the federation today are there based
on your remand orders? Are you aware that 90 percent of these
persons who languishing in the various Nigerian dungeon called
correctional facilities are not usually charged to the appropriate
court for trial? When last did you visit the correctional
facilities to see things for yourself? What is the essence of
exercising discretion that will not achieve any justice?( When mr A
is carrying the corpse of mr B,it will look as if he is carrying a
log of firewood until mr B becomes a victim)

TO THE HIGH COURTS

Why entertain application from various security agencies to keep
or remand an accuse pending the completion of investigation? Even
if the application is competent before the court, why grant such
orders? Where a charge is filed, it is assumed that all material
evidence to be used by the prosecution are before the court and
that the prosecution is ready to proceed. Why then will you
entertain an application especially from EFCC (na their own worst
pass) to keep some one beyond necessary in the name of fishing for
evidence or further evidence? Is this part of our justice system?
From where did you copy or read it from? How did we even get to
this level of injustice? Does the inherent powers of the courts as
enshrined in section 6 of the Constitution of Nigeria also include
the powers to do manifest injustice?

Let us do the right and let it be on record that it is the right
thing that refuses itself to be done knowing that we shall all be
judged by God Almighty soon or later.

Written By S.M.Ofoegbu Esq,
08068515340,
Ofoegbustanley72@gmail.com

By S.M.Ofoegbu Esq

TO THE NIGERIAN POLICE

Despite the decision of the apex court of Nigeria to the effect
that you the Nigerian police can competently file criminal charges
at the high courts, findings still show that you prefer romancing
with the magistrate courts even when you are very much aware that
the magistrate courts lack the jurisdiction to entertain the
charge(s) What exactly is your problem? The Constitution of Nigeria
provides that an accuse person should be taken to the nearest court
within the specified time. Is the constitution
referring to just anything or place called a court irrespective of
whether the court has the capacity to dwell on the
matter?

Why approach a court that has no power to fix an
issue? Will a reasonable man go to super market to
buy vegetables? Or, is there something extraordinary that I need to
know?

TO THE MAGISTRATE COURTS

Why entertain criminal complaints you know that you do not
possess the jurisdiction to entertain hiding under the cover of I
have the powers to make a remand order? Who has remand order or
orders ever benefitted? Why acting as if we are in USA or UK where
rights of prisoners are properly protected under the law? Oh yes,
you have the discretion to make remand orders, must you exercise
that discretion in favor of the police against the accuse person
whom you are not even sure committed the said offence taking into
consideration the kind of police we have and the nature of our
justice system? Since the police can prosecute matters at the high
court, why not direct them to approach the high court instead
making remand orders and throwing innocent persons into the
Nigerian dungeon called prison or correctional whatever? Are you
aware that 65 percent of inmates in the various so called
correctional facilities across the federation today are there based
on your remand orders? Are you aware that 90 percent of these
persons who languishing in the various Nigerian dungeon called
correctional facilities are not usually charged to the appropriate
court for trial? When last did you visit the correctional
facilities to see things for yourself? What is the essence of
exercising discretion that will not achieve any justice?( When mr A
is carrying the corpse of mr B,it will look as if he is carrying a
log of firewood until mr B becomes a victim)

TO THE HIGH COURTS

Why entertain application from various security agencies to keep
or remand an accuse pending the completion of investigation? Even
if the application is competent before the court, why grant such
orders? Where a charge is filed, it is assumed that all material
evidence to be used by the prosecution are before the court and
that the prosecution is ready to proceed. Why then will you
entertain an application especially from EFCC (na their own worst
pass) to keep some one beyond necessary in the name of fishing for
evidence or further evidence? Is this part of our justice system?
From where did you copy or read it from? How did we even get to
this level of injustice? Does the inherent powers of the courts as
enshrined in section 6 of the Constitution of Nigeria also include
the powers to do manifest injustice?

Let us do the right and let it be on record that it is the right
thing that refuses itself to be done knowing that we shall all be
judged by God Almighty soon or later.

Written By S.M.Ofoegbu Esq,
08068515340,
Ofoegbustanley72@gmail.com