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.

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“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.