The Executive Director of Center for Transparency and Defenders of Human Rights, Mr. Olukunle Oghene-ovo Edun Esq. has threatened to drag the Chief Judge of Delta State to Court, over non-compliance with the state’s Administration of Criminal Justice Law, 2017.
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The legal practitioner who hinted that the order of mandamus that may be sought is in respect to the refusal of the State’s Chief Judge to set up a monitoring committee for the Delta State Administration of Criminal Justice. “…the letter i wrote on the 5th of May, 2020 to the Chief Judge of Delta State on the need to constitute the Monitoring Committee that will see to the compliance with the provisions of the ACJL of Delta State, 2015.
The office of the AG Delta State was served. The administrative Judges and some Chief Magistrates in Delta State were also served copies of the letter.
Till date, I have not gotten any response from the office of the CJ. We may have to go to court now.” He noted.
Recall that Mr. Edun, a one-time National Publicity Secretary of the NBA, had requested the Delta State Chief Judge to set up the Monitoring Committee for the Administration of Criminal Justice in the State as required by the State’s ACJL, 2017.
The request which was contained in a letter dated the 5th of March, 2020, was made available to ‘TheNigeriaLawyers’ and written by the law firm of ‘Tri-Lex Partners’.
Mr. Edun who noted that the advent of the Delta State ACJL, 2017, is aimed, amongst other things, at reducing the congestion in various detention centers and prisons, as well as, ensuring the quick disposition of cases.
He noted that for this purpose, the entire chapter 45 of the ACJL is strictly aimed at ensuring the implementation and compliance of the law, as evident in sections 46 and 464 ACJL, 2017, which provides for the establishment of a Monitoring Committee to monitor the implementation of the provisions of the law, and the statutory budgetary requirements for the Committee through the office of the Delta State Attorney General respectively.
On the issue of prison decongestion, the executive director noted in the letter that, section 35 of the ACJL 2017, gives powers to Chief Magistrates, or any appointed Magistrate where no Chief Magistrate exist in that jurisdiction, to visit and inspect detention centers and police stations, other than the prisons, at least once a month and review records of arrest, direct arraignment of suspects, as well as, grant bail where necessary. This provision he considered if properly utilize and made effective would go a long way in decongesting the detention centers in the state, that are overly crowded, and even made worst by the emergence of the Covid-19 pandemic.
Another similar and relevant provision, in the Delta State ACJL according to the letter is the ‘Police Duty Solicitor Scheme (PDSS)’, which is meant to ensure that every detention center in the state has a desk for legal Practitioners appointed by the NBA, to ensure the reduction of frivolous arrest, detention and filing of charges by the police force. The initiative which is a combined arrangement of the Nigerian Police headquarters, various CSOs, as well as, branches of the NBA; is already operational in some states like Lagos State.
However, a disappointed Mr. Olukunle Oghene-ovo Edun Esq. would why despite all these laudable provisions, the state’s Chief Judge has refuse to act, thereby making them dormant provisions of law.
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