Lawyer Faults Attack on FCT Chief Judge over Remand Orders

A Lagos based lawyer Valentine Offia, has condemned attacks on the Chief Judge (CJ) of the Federal Capital Territory (FCT), Justice Ishaq Bello by some senior lawyers following his recent order asking Magistrates in the FCT to stop granting remand orders to the EFCC.

Offia, who is a Legal Reform Advocate said the attacks on Justice Bello were uncalled-for as he in his capacity as the foremost officer responsible for the administration of justice within the FCT can direct the Magistrates to stop issuing these remand orders for now.

Justice Bello during his visit to the Keffi Medium Security Prison in Nasarawa had told the Magistrates to stop arraigning people for offences such as armed robbery, murder and other capital offences for which the Magistrate courts are not competent to handle.

The Chief Judge had found many persons who were not convicted by any court and yet were languishing in prison.

Further to the Chief Judge’s investigation, it was revealed that most of the detained persons were remanded in prison on the orders of Magistrates pursuant to ex parte applications made by the EFCC.

Some senior lawyers attacked the Chief Judge's directive on the ground that it was contrary to Administration of Criminal Justice Act (ACJA 2015), which empowers the Magistrates to make an order of remand which lasts no more than 28 days.

Offia said that the attacks did not consider that while the letter of the law had been adhered to, the spirit had been abused.

According to him, the attackers deemed themselves to be in a more advantageous position than the Chief Judge of FCT who went on a fact finding mission to the prisons and personally examined the case files of inmates.

Offia said while it is true that legal provisions provide for a person to be remanded in prison if the Magistrate so orders on the application of the EFCC; it is also true that these provisions have been severely abused such that citizens who are unaware of any allegations against them have been arrested, imprisoned and shown an order for their imprisonment at the point when the prison doors are slammed and then forgotten by society.

He advocated for an urgent need to revisit the legal provisions and streamline the discretion afforded to Magistrates which has been abused by agencies seeking to imprison people without the benefit of a trial.

Offia also said that same applies to the discretion afforded to the courts on bail matters which can result in imprisonment for a lengthy period without a trial when very preposterous bail conditions are stipulated. Presently, the whole idea of being presumed innocent until proven guilty is being negated by the practices noted the CJ of the FCT during his prison visit.

While he has taken urgent temporary measures, a wholesome review is suggested and it is the duty of senior lawyers to aid the reform process.