Mr. Olawale Fapohunda

This is your second term as Attorney-General of Ekiti State, how significant is that? I am truly grateful, for the rare privilege and the opportunity. I do not take this for granted. It also comes with additional responsibilities. My Governor’s vision for the State, and his determination to make a sustainable difference in the lives of our people, has ensured that those of us who work with him are challenged on a daily basis, to deliver on our mandates. I do hope that, at the end of it all, I will have made a significant contribution to the development of the justice sector in the State.

What agenda have you set for yourself, in terms of justice sector reforms? How do you intend to improve the justice delivery system in your State during your tenure?

My number one priority, is to ensure that Government thinks of justice as a sector. The same way as the health, education and agriculture sectors. There is often the temptation, to relegate the justice sector. I have been in government long enough to know that, the nonprioritisation of the justice sector, means limited funding and relegation to the back of government priorities. So, yes it is my priority to appropriately position the justice sector, and give it a place of prominence within the governance framework of the State.

On the issue of vision, My Governor told me in very clear terms that, my performance in office will be evaluated on our key areas. The first, is my ability to establish a framework for the provision of fair and equal access to justice for all those living in Ekiti State, regardless of their ethnic group, gender, economic status, disability, religion, belief, culture, language or any other attribute. The second area, is my ability to work with stakeholders in the sector, to ensure justice processes that are fast, effective, and as cheap as possible. They should also be sensitive to the needs of all users, and understandable to all users. The third, is my ability to ensure that the Ministry of Justice provides efficient and cost effective legal services to the government. Fourth, is my ability to provide career advancement possibilities for all those who work in the Justice Ministry, regardless of their ethnic group, gender, religious affiliation, disability or any other distinction.

I have put in place a number of interventions, aimed at translating these key deliverables into tangible outcomes. As a first step, I have published a 12-month activity plan for the Ministry of Justice, which was approved by the State Executive Council. The activity plan, affirms the official vision for the sector, the reform objectives, and commits government to specific interventions, necessary to realise that vision. The activity plan includes various legal, policy and administrative interventions, for managing the justice sector and the institutions that deliver justice.

What are these specific legal, policy and administrative interventions?

In the area of legal intervention, we are now reviewing the Laws of Ekiti State. An important component of this review process, is updating existing laws and proposing laws that respond to our need for socio-economic growth and development. For example, we have proposed a novel Administration of Civil Justice Bill. The idea is, to provide an additional legal framework for the speedy resolution of civil and commercial disputes. We will also review our Administration of Criminal Justice Law. There have been new developments in the implementation of the law, and we have provisions for amendment.

In the area of policy, our policy priorities revolve around access to justice for the poor, vulnerable and marginalised groups. We have prioritised gender equality, and legal protection of women and girls. I know that our Zero Tolerance Policy for all forms of Violence against Women and Children, and the measures we recently put in place in support of this policy, has generated public debate.

Yes, you recently announced some measures aimed at curbing sexual violence in Ekiti State. These measures has generated much debate, specifically the compulsory psychiatric tests for persons accused of child defilement. What is your response to those who say that this measure is draconian?

I do not see anything draconian about this, or the other measures we recently announced. We have simply strengthened existing measures that we have found to be inadequate, in responding to cases of sexual violence in the State. We had previously opened a register of sex offenders, to capture the details of offenders. Before now, there was no means by which we could identify repeat sex offenders. We can now identify them, and seek maximum punishment for such offenders. We also made sure that, convicted sex offenders do not benefit from Mr. Governor’s Power of Prerogative of Mercy, at least until they have served a substantial part of their sentence. These are, in addition to the vigorous prosecution of such offenders.

The new measures that we have now announced, recognise that it cannot be all about prosecution. We simply had to take this issue, to the public space. Our communities need to know, if there exists sex offenders in their midst. That is why we have decided to publish names of convicted offenders in the local media, and paste their pictures in prominent places in their communities.

Now, I note that, the issue of compulsory psychiatric test for person’s accused of child defilement, has attracted a lot of commentary, including criticism especially by Lawyers. In my view, it will be tragic to adopt a purely legalistic response, to what is a very serious issue. Child defilement by any stretch of imagination, is a grave crime. Our wig and gown, should not take way our humanity. No one can reasonably argue that, a man who defiles a two-year-old baby is mentally stable. Subjecting such offenders to a psychiatric test, is simply to check the sanity of such person. This is a process. The DPP will first have to advice that, the Defendant has a case to answer. As part of pre-trial protocols, we will seek an order of the court, directing that the Defendant be referred to a psychiatric hospital, for thorough mental examination. If the Defendant is found to be mentally unstable, we will seek confinement in a psychiatric home. If the Defendant is found to be mentally fit to stand trial, we will prosecute and seek the maximum punishment. There is nothing draconian about this measure.

Is there a link between this initiative, and your visit to the Mirabel Centre and the Lagos State DNA and Forensic Centre?

Yes, our approach to the issue of sexual violence and our response, is not dogmatic. We are constantly looking for best practices and ideas, on how to deal with this issue. We note the limitations, in our criminal justice system. More often than not, we are preoccupied with the Defendant. Once we get a conviction, the matter is closed. Little attention is paid, to the victim of the crime. We are trying to reverse this. We are working on a victim-centric approach, to prosecution. This involves, responding to the needs of victims. Mirabel Centre does sterling work, in the care of victims of sexual violence. One of the reasons for our visit, was to learn and see