Many or some of these cases are dismissed or struck out pursuant to section 351(1) of the Administration of Criminal Justice Act, 2015- herein after referred to as the ACJA. The said section 351 of the ACJA provides thus ‘ 351. (1) When the case is called, the defendant appears voluntarily in obedience to the summons or is brought before the court under a warrant, and the complainant having, to the satisfaction of the court, had due notice of the time and place of hearing, does not appear in person or in the manner authorised by a written law, the court may dismiss the complaint. (2) Where the court receives a reasonable excuse for the non-appearance of the complainant or his representative or for other sufficient reason, it shall adjourn the hearing of the complaint to some future day on such terms as the Court may deem just.’. Therefore and most unfortunately, granting several adjournments by the trial court for a prosecution who never feels interested in prosecuting the case he himself brought to the court becomes very unreasonable. This leads to the dismissal or striking out of the said case. The writer of this paper intends to share his worries for this nation- Nigeria, considering the narrated situations. The writer of this paper could not and cannot imagine the manners with which the counsel in those criminal matters handle those matters! More so, charging a suspect to court with public funds and being negligent or not being diligent about the same matter for whatever reason, whether out of bribery or personal disinterest, is clearly a mismanagement of public funds. Furthermore, in the views of the writer of this paper, this country is really in terrible insecurity. How can one imagine that armed robber, kidnapper, ritualist charged for homicide punishable with death, robbers, among others are discharged out of the lack of diligence on the part of the prosecution?! Are we not bothered?! Was it not an offence that such a person had committed before being arrested?! What will those who perhaps arrested the said suspect and handed him or her to the police or any other law enforcement agencies say or how will they feel?! Will they be able to report same another time?! Will they not engage in jungle justice another time?! As we all speak against jungle justice where innocent lives have been lost unjustly, counsel prosecuting cases are rather encouraging such members to be justified to have carried out jungle justice on any person suspected to have committed one offence or the other by either: burning them or maiming them among others! Also, the writer of this paper has observed lawyers representing such defendant or suspect in court smiling, jubilating or being happy for the victory of having such matter dismissed or struck out by the court for the prosecution’s lack of diligence and such lawyers considered that as a victory for their clients. In deed and in fact, we should cry for this nation because sometimes, all what goes around turns around. Some of these lawyers yet could not sleep peacefully at home, got their office property stolen or some of them get kidnapped or have their relative raped in one way or the other! Yet, they forgot the repercussion and the facts that some of those suspects hardly repent their crimes. They seem as someone dying for mercy but after court, goes about to boast even at the face of their victims that they have gone and are back to do the worse! Also, how will those who arrested such person and handed him or her to the law enforcement agency for justice feel?! What will be their fate?! Are they secure afterwards?! Furthermore, it is observed that some prosecuting counsel find it very unnecessary to even liaise and consult with complainants in their cases as to such complainants’ roles in giving evidence against the defendant in the court. This attitude leads to a situation where the defendant is brought to court or appears in court voluntarily, but the matter is struck out or dismissed for the unavailability of the complainant or the inability of the prosecution to provide his witness in court rendering the suit to continue indefinitely, the situation which a court of justice would refuse by dismissing the charge and striking out the entire criminal suit without its merit being considered. The writer of this paper with due respect, queries the office of the Attorney-General of the Federation for this lack of diligence. More so that all the prosecuting counsel are under the ACJA presumed to have been counsel from his office. It also should be assumed as the Attorney-General of the Federation’s weakness with due respect, and that of the person acting as the Director of Public Prosecution. The President of the Federation is hereby called upon and advised to appoint capable hands to be in charge as the Attorney-General of the Federation and be concerned with who is appointed as the Director of Public Prosecution, else, we the masses, will always be vulnerable and restless. For instance, in many areas or localities in Nigeria, 7pm is too late a time for someone to return home due to the fear of criminal acts of some unknown persons laying ambush on their victims! How could that be in this country?! Yet, the Attorney-General of the Federation, who is to be blamed and the Director of Public Prosecution feel that all is well! The writer of this paper, with due respect, submits that the Attorney-General of the Federation and the Director of Public Prosecution are to be blamed for any criminal case that is struck out and or dismissed by the court for lack of prosecution’s diligence! This would ensure them to manage their offices well in the interest of the public and the security of this nation! Furthermore, the writer of this paper recommends that courts that strike out or dismiss criminal suits for lack of prosecution’s diligence should always send reports and dissatisfaction of the court on the counsel that handled such matter with lack of required diligence to the Attorney-General of the Federation for necessary disciplinary action. Finally, the writer of this paper is of the views that accountability by the government is a core value for a thriving democracy. Government’s primary purpose according to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is to provide security and welfare for its citizens and where its citizens are left in insecurity, then, it is a sign of failure on the part of the government. This rather calls for more active roles of government and all officers of the government to ensure that government does not fail in its responsibility to its people in the interest of this nation as a whole. E-mail: hameed_ajibola@yahoo.com]]>
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