Courts And Ministries Of Justice Aiding Abuse Of Constitutional Safeguards In Law Enforcement, Through Arrests Before Investigation — Bayo Akinlade

A Lawyer and Human Rights Activist, Bayo Akinlade Esq has raised alarm over a troubling trend that undermines the effective execution of the Administration of Criminal Justice System in Nigeria.

In a statement, Akinlade claimed that the implementation of the Police Duty Solicitors Scheme (PDSS) in certain parts of Nigeria for the past 4 years shows a foundational problem in the exercise of the powers of law enforcement officers to effect arrests.

Despite clear guidelines outlined in the ACJA regarding proper arrest procedures, these rules are often disregarded, and the courts appear indifferent to the manner in which individuals are apprehended. The courts frequently overlook this critical aspect, granting law enforcement agencies a degree of impunity to continue operating outside the boundaries of the law.

While it is acknowledged that there are instances where an arrest can precede an investigation, especially when a crime is committed in the presence of law enforcement agents, judges/magistrates, or ordinary citizens, it is not the standard practice for bringing a person to face criminal charges before the courts.

Presently, law enforcement agents in Nigeria lack adequate investigative skills due to the underutilization of this crucial aspect, and the courts have played a part in perpetuating this problem. Furthermore, the ministries of justice, responsible for ensuring thorough investigations and prosecuting crimes, have failed to protect the courts from congestion caused by unfounded criminal charges.

Shockingly, some investigations merely involve taking statements from the suspect and the complainant, a wholly inadequate practice that falls far short of acceptable standards.

The question arises: When will our Directors of Public Prosecutions (DPPs) and courts condemn this lazy method of presenting charges before a court? When will they realize that their actions contribute to the abuse of power and the potential collapse of the justice system?

Furthermore, why should a magistrate entertain a charge that lacks a preliminary investigation report providing details about the arrest procedure and the duration of detention?

Even the issuance of arrest warrants raises concerns. It is unfortunate that, at times, it takes an order from a Chief Judge to regulate the issuance of arrest warrants, despite the clarity of the laws governing this process.

The statement further stresses that it is evident that urgent action is required to train our judges and state counsels in proper arrest and investigation procedures. The treatment of our citizens with respect and dignity should be paramount, with a focus on ensuring the proper implementation of our laws.

The frequency of charges filed in our courts on a daily basis and the conviction rate of criminal cases are important factors to consider. Answers to these questions would shed light on the abnormality within the system and emphasize the need to rectify this issue promptly.

The statement concluded stating that, “The disregard for proper arrest procedures and inadequate investigations undermine the credibility of law enforcement agencies, the courts, and the overall justice system. It is crucial that immediate steps are taken to address these concerns, protecting the rights of citizens and upholding the principles of justice.”