Prison congestion: Blame the police and the courts

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The Administration of Criminal Justice Act, 2015 (ACJA) is undoubtedly an ingenious legislation that regulates how Law enforcement agents and the courts deal with criminal matters. The Act has provisions that protect the citizens from abuse and violations of their Fundamental Rights.

Sadly however, there is a foundational problem in the exercise of the powers of law enforcement officers to arrest offenders. Though the ACJA clearly provides the steps to take to effect an arrest, these prescribed procedures are hardly adhered to by law enforcement agents and sadly too, the courts do not seem to care much how citizens are arrested before they are charged to court. In many cases, the Courts conveniently ignore the violations of the fundamental rights of the citizens by law enforcement agencies pre and during investigations.

While arrest can be effected before an investigation is commenced, especially where a crime is committed in the face of a law enforcement agent, a Judge/Magistrate and even a citizen, it is however, not the usual practice of the security agencies of bringing offenders to answer to allegations and charges before the courts.

In Nigeria today, it is not unusual to see law enforcement officers who lack basic investigative skills. As a matter of fact, what they are concerned with is arrest, bail (usually with money paid) and the suspect charged to court. The lack of knowledge of the elements of the crimes committed and the evidence to prove them is not their business. This is why an offence of assault can be changed to attempted murder or kidnapping. It is widely known that most of the arrests done by security agencies (particularly the Police) are driven mainly by pecuniary interests or other ulterior motive.

The recent incident of Seun Kuti allegedly slapping a Police officer is a good example of how law enforcement agents misuse their powers of arrest to oppress and trample on the rights of citizens. Seun Kuti, accompanied by his lawyers, surrendered himself to the Police, without waiting for any form of invitation from the Police. Surprisingly, the Police still went ahead to handcuff him and eventually procured a remand order detaining him for more than two weeks in prison. The offence alleged was not a capital offence. There was no evidence that he could jump bail. The sentence for the offence could not be more than three years. Nevertheless, and surprisingly too, the Magistrate still issued a warrant for his remand on the ground that the Police were not done with the investigation. Seriously?

Nigerians have deprecated the unholy alliance amongst some Magistrates and security agencies in always being ready to accede to the request by these security agencies for the issuance of remand warrants, without bothering to know if the suspect personally surrendered himself to the security agencies or not; or the nature of the offence. The must-always -arrest style by security agencies is one of the reasons citizens now interpret invitations by the security agencies as intention to arrest them; and this is very true.

The Courts, the security agencies and also the lawyers in the prosecuting agencies owe a duty to the Constitution to uphold its provisions and not do anything that will amount to its violations. The sad situation in Nigeria, where law enforcement agencies are the greatest violators of our laws should stop if we must allow the rule of law to reign and guide the conduct of government officials. The increasing congestion of the various Correctional Centres is as a result of these routine aberrations by the security agencies, Magistrates and some law officers. Law officers in the Ministries of Justice and in other prosecuting agencies ought to ensure that crimes are properly investigated before charges are filed, with a view to reducing the dockets of the Courts and decongest the Correctional Centres.

We cannot continue making a mockery of the administration of justice system and turning our society into a jungle, where there is no law. The Courts must admonish security personnel to do proper investigation before rushing to arrest suspects and filing charges. The ACJA gives the Courts the power to award costs against complainants and prosecutors who file charges that are frivolous. It is high time that the Courts started exercising this power as a check on the lawlessness of the security agencies and prosecuting agencies that are in connivance with them.

With contributions from Bayo Akinlade Esq.

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