‘EKITI STATE HAS ZERO TOLERANCE FOR VIOLENCE AGAINST WOMEN AND CHILDREN’

of adequate medical care, inadequate conditions for female and juvenile detainees, long detention of those awaiting trial, and limited access to legal advice and representation, are some of the challenges. These have frequently led to poor health conditions, and at least one jailbreak.

The issue of prisons reform, has been an agenda item on meetings of our State Security Council. We are particularly concerned, about the high number of awaiting trial prisoners. On the directive of Mr. Governor, we have embarked on a number of interventions, aimed at reducing the prison population.

We are strengthening the relationship between the Office of Public Prosecutions and the Police, to ensure that case files are sent to the DPP without delay, and the DPP’s advice, are promptly issued. We have introduced timelines, for issuing DPP’s advice. Certainly, my office will approve or reject the DPP’s opinion within 24 hours, from the time the case file gets to my desk.

We have activated the plea bargain provision, in the Ekiti State Administration of Criminal Justice Law. We have commenced prisoner education, on this provision.

Mr. Governor, recently inaugurated, the Prerogative of Mercy Committee. We have identified a number of prisoners that could potentially benefit from the powers of Mr. Governor, in this regard. These include convicts who are unable to pay fines, short-term offenders, convicts over 70 years of age, and those with life threatening ailments. We are also working with the legal profession, in the State. We are constantly appealing to defence Lawyers, not to unnecessarily delay trials. Ultimately, prison decongestion is not a favour done for prisoners or prison officers. Given the limited resources available to us as a State, our modest contribution to prison decongestion, is by itself a significant chunk of our budget. These are funds that could be put to better use, in strengthening other parts of the justice system.

Are you an advocate of State Police? Do you believe that having State Police will help to promote law and order, decrease the crime rates and make individual States more secure?

I think what Nigerians need today, is not a Federal or State Police, but an effective and efficient Police that is competent and able to maintain law and order. The debate about State Police, is a fall out from the lack of citizen’s confidence in our Police. Over the years, Government, especially policy makers, have been preoccupied with too much debate, about the kind of Police we need. This discussion, has gone on for too long. We talk endlessly, about appointments of successive Inspectors- General of Police. We talk ceaselessly, about reports of Government created committees and commissions on police reform. We have talked about the promise of successive governments, of a radical overhaul of the Nigeria Police. The talk about State Police, is also in furtherance of our penchant for all talk, and no action. The end result of these talks, is a severely weakened Police, that inspires little confidence in the citizenry. What about Community Policing? Oh yes, we have recently added community policing to our talking points. Community policing, is perhaps, the most misunderstood and frequently abused theme in police management in Nigeria. Even the leadership of the Nigeria Police, appears to have misunderstood the essence and concept of community police. Organisational tinkering and advertisements on national television stations, cannot by any stretch of imagination, be labelled community policing. Community policing is not a program, that can be launched like a book. It is a value system, in which the primary organisational goal is working cooperatively with individual citizens, groups of citizens, and both public and private organisations, to identify and resolve crime, safety and security issues.

So the problem is about not about nomenclature, but efficiency?

Yes, providing a sense of security to all Nigerians, irrespective of economic status or any other difference, and attending to their grievances is dependent on the establishment of a police, which is efficient, honest and professional to the core. The clamour for State Police, is largely because, such a Police does not exist in Nigeria.

Let’s talk about the Judiciary and the current discussions on judicial corruption. President Buhari recently inaugurated a Presidential Committee on judicial autonomy. Will this achieve judicial integrity?

I have said elsewhere that, while I agree that there can be no justification for any form of judicial corruption, I am unable to accept that to serve on the Bench, is a call to national service and penury. I do not agree with the reasoning in some quarters, that a judicial officer who is unable to survive on his meagre salary, should resign from the Bench. I think it is also self-defeating, to continue to preach integrity and judicial independence, without removing the temptations that come with poor conditions of service.

In my view, judicial salaries must be set at a comparatively high public-service level, in order to remove both the temptation to corruption and public contemplation of the possibility of such temptation. Judicial salaries, pensions and benefits, should be reviewed every four years. Consideration should be given to the establishment of an independent Judicial Benefits and Compensation Commission appointed by the President, in consultation with State Governors, to undertake a comprehensive review of salaries, allowances and benefits of all judicial officers in Nigeria, including lower court Judges. The Commission should be required to submit a report with its recommendations, to the National Council of States for deliberation and possible implementation.

The report of the Presidential Committee on Judicial Salaries and Allowances Review Committee, will leave no one in doubt about the urgency of this intervention. The Committee found inter alia that, between May 1999 and March 2011, the Federal Government reviewed the salaries and allowances of Public Servants and Political office holders on four occasions, specifically in 2000, 2005, 2007 and 2011. However, the salaries of judicial officers were only reviewed twice, during the same period. As a result, judicial officers have been on the same salary structure, for more than 10 years.

So, in direct response to your question, judicial integrity and autonomy, should not be seen as theoretical concepts. The practical implications of a poorly resourced Judiciary, are serious enough to negatively impact on our democracy.

You have been a strong advocate for the abolition of the death penalty, and it is on record that you were in the forefront of urging the Federal Government to adopt a moratorium. You were also Secretary to the National Study Group, on the death penalty. Today, the death penalty is alive and kicking in Nigeria, as many are convicted to death almost on a daily basis. What, in your view, are we not doing right, especially in the civil society?

Well, given the state of crime and security in Nigeria, and the effects of terrorism, kidnapping and armed robbery on the psyche of large number of our citizens, it will take a brave person or institution, to speak against death penalty. How for example, do you tell victims of Boko Haram, those of killer herdsmen and robbery, that killing the killers is wrong? I believe that the death penalty, diminishes all of us. It increases disrespect for human life, and offers the tragic illusion that, we can stop killings by killing the killers. Discussions around death penalty, are always emotional. The arguments for and against, are always backed by the scriptures. I have taken a simplistic view. There is a national consensus that, we are struggling with our criminal justice system, even if the reasons are as diverse as our population. Citizens confidence in the institutions of criminal justice, is today, at its lowest ebb. Public perception of corruption, impunity, absence of accountability, incompetence, plagues our criminal justice system. It therefore, seems to me, a contradiction in terms, to support the imposition of the death penalty under a system we largely agree, is flawed. My view is that, we should pay more attention to strengthening our criminal justice institutions. We need to be assured by the certainty, predictability and efficiency of our criminal justice system, and not on the false assurance of any deterring value of the death penalty.

The first term of the Buhari administration will shortly come to an end. It has been said that, a lack of collaboration between the three arms of government has ensured limited progress in the reform of our justice system. Kindly, comment on this.

The simple response to that, is yes, we have made progress, but I agree that, the administration could have done a lot more if it had a Legislature that believed in the President’s agenda for the sector. The breakdown in the relationship between the Legislature and the Presidency, may now be responsible for the non-passage of key bills, like the Police Act Amendment Bill and the Prisons Act Amendment Bill. This will be very sad, especially when one realises that, both bills have been on the agenda of the National Assembly since 1999. The non-passage or enactments of these Bill, will mean that we have had 19 years of multiple failed attempts at enacting Bills, in support of two important criminal justice institutions. I am sure many will also say that, the Judiciary, for the most part, was also not on the same page as the Presidency. That will explain why there has been appreciable progress on matters within the control of individual arms of government, and less progress on matters that need joined up action and collaboration between the three arms of government. We can have an unproductive conversation, about who is to blame. Truth be told, a lot more could have been achieved, if there was cooperation between the three arms of government.

The goal of a justice system capable of working in the interest of all Nigerians without distinction, remains largely a challenge, due in large part, to the lack of coordination among the numerous levels of government, and relevant justice institutions within the three arms of government. The idea of a single forum in which the three arms of government meet to discuss and agree on concrete interventions for the justice sector, has long been proposed. The need to ensure the reinforcement of recent reforms in the justice sector, and the prompt follow-up of outstanding reforms, requires an implementation and monitoring body.

Every aspect of the infrastructure of our justice system, requires fundamental rethinking. Our approach to the administration of criminal and civil justice, needs change in significant ways. The idea of a National Consultative Committee on Administration of Justice, has been suggested to provide high-level policy making, implementation and oversight of interventions, in the Justice Sector. Its mandate would be, to ensure a coordinated, efficient, effective and consultative approach, in the administration of justice and reform of the justice system. Specifically, the NCAJ should be empowered to formulate, implement, monitor, evaluate and review strategies, for the administration of justice, and mobilise resources for such purposes.