By Abdurrahman Hamza Ahmad, Esq
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In the realm of Nigerian criminal trials, the concept of “watching brief” emerges as a contentious practice, wherein a counsel nominally represents the complainant to oversee criminal proceedings.
However, this is a departure from our established legal framework, notably the 1999 Constitution (as amended) of the Federal Republic of Nigeria and the Kano State Administration of Criminal Justice Law 2019. These laws distinctly acknowledge the prosecution, the defendant, and their respective counsel as recognized parties before the court. Any inclusion of an additional party departs from the established protocol. See sections 174, 211, 36 (6) (c) of the 1999 Constitution and section 387 of Kano State State Administration of Criminal Justice Law, 2019.
The very act of allowing appearance of counsel as a “watching brief” Counsel for a nominal complainant is not a manifestation of legal doctrine but rather a rule of convenience or mere sentiment. The judiciary, through various precedents, has underscored that favouring rule of convenience over legal tenets risks compromising fair trial rights, thus jeopardizing the entire legal process, as seen in the case of Iderima v R.S.C.S.C. (2005) All FWLR (pt. 285) 431 SC.
Precedents such as FRN v Dariye (2013) All FELR (P.673) @ 1926 CA have categorically declared the absence of a place for third-party involvement in pure criminal proceedings within the Nigerian legal system. Similarly, the case of Adio v FRN (2019) LPELR-46793 (CA), the court upheld the lower court’s decision, disallowing a watching brief counsel from filing motions to arrest judgment and discontinue a case, affirming their role as mere observers rather than active participants.
The critical question surfaces: does mere observation equate to a nominal appearance? This inquiry found resolution in the unreported case of the State v Frank Quanrong Geng suit no. K/168c/2022, where Justice Sanusi Ado Ma’aji of the Kano State High Court decisively held thus:
“I am satisfied that a watching brief counsel has no place in our criminal jurisprudence having regards to the authorities cited above by the defence counsel. Accordingly, the names of the watching brief earlier recorded in the proceedings are hereby expunged.”
It is of paramount importance to give a brief of the above matter. A young Lady was allegedly stabbed to death by her estranged lover. FIDA and some other women societies seek to be represented as interested parties under the guise of watching brief counsel despite the fact that the Hon. Attorney General of Kano is the prosecutor and his unfettered powers to prosecute or otherwise are not in question. He is the law unto himself when it comes to the prosecution of suspects or exercise of his powers of nolle. A third party has no place thereat. Consequently the court not only disallowed the continuous appearance of the watching brief counsel but expunged all such appearance from the records.
Thus, this exposition does not discourage legal professionals from contributing as watching brief counsel. Despite the limitations, a lawyer representing the complainant can offer invaluable assistance to ensure justice is served. This can be achieved by discreetly aiding the prosecution in case preparation, conducting legal research, and providing strategic counsel, all without overtly announcing their appearance before the court. Such behind-the-scenes collaboration enables effective support to bolster the prosecution’s case while adhering to established legal protocols.
Written by Abdurrahman Hamza Ahmad, Esq. AICMC M.B. Dan’Azumi & Co.
No 110 New Court Road, Gyadi-Gyadi, Kano.08067245910, abdurrahmanha001@gmail.com
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