By S.M.Ofoegbu Esq
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TO THE NIGERIAN POLICE
Despite the decision of the apex court of Nigeria to the effect that you the Nigerian police can competently file criminal charges at the high courts, findings still show that you prefer romancing with the magistrate courts even when you are very much aware that the magistrate courts lack the jurisdiction to entertain the charge(s) What exactly is your problem? The Constitution of Nigeria provides that an accuse person should be taken to the nearest court within the specified time. Is the constitution referring to just anything or place called a court irrespective of whether the court has the capacity to dwell on the matter?
Why approach a court that has no power to fix an issue? Will a reasonable man go to super market to buy vegetables? Or, is there something extraordinary that I need to know?
TO THE MAGISTRATE COURTS
Why entertain criminal complaints you know that you do not possess the jurisdiction to entertain hiding under the cover of I have the powers to make a remand order? Who has remand order or orders ever benefitted? Why acting as if we are in USA or UK where rights of prisoners are properly protected under the law? Oh yes, you have the discretion to make remand orders, must you exercise that discretion in favor of the police against the accuse person whom you are not even sure committed the said offence taking into consideration the kind of police we have and the nature of our justice system? Since the police can prosecute matters at the high court, why not direct them to approach the high court instead making remand orders and throwing innocent persons into the Nigerian dungeon called prison or correctional whatever? Are you aware that 65 percent of inmates in the various so called correctional facilities across the federation today are there based on your remand orders? Are you aware that 90 percent of these persons who languishing in the various Nigerian dungeon called correctional facilities are not usually charged to the appropriate court for trial? When last did you visit the correctional facilities to see things for yourself? What is the essence of exercising discretion that will not achieve any justice?( When mr A is carrying the corpse of mr B,it will look as if he is carrying a log of firewood until mr B becomes a victim)
TO THE HIGH COURTS
Why entertain application from various security agencies to keep or remand an accuse pending the completion of investigation? Even if the application is competent before the court, why grant such orders? Where a charge is filed, it is assumed that all material evidence to be used by the prosecution are before the court and that the prosecution is ready to proceed. Why then will you entertain an application especially from EFCC (na their own worst pass) to keep some one beyond necessary in the name of fishing for evidence or further evidence? Is this part of our justice system? From where did you copy or read it from? How did we even get to this level of injustice? Does the inherent powers of the courts as enshrined in section 6 of the Constitution of Nigeria also include the powers to do manifest injustice?
Let us do the right and let it be on record that it is the right thing that refuses itself to be done knowing that we shall all be judged by God Almighty soon or later.
Written By S.M.Ofoegbu Esq, 08068515340, Ofoegbustanley72@gmail.com
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