‘Lagos has the Only Certified DNA Lab in Africa’
After four years in the saddle as Attorney-General and Commissioner for Justice in Lagos State, Mr. Adeniji Kazeem, SAN looks back at those years with nostalgia and recounts to Onikepo Braithwaite and Jude Igbanoi, his challenges and humble successes. With over 400 Lawyers in the Lagos State Ministry of Justice, Kazeem says he is proud to have led a team of highly motivated and welltrained Lawyers in the dispensation of justice in Lagos State, and to have been a part of numerous innovations which put Lagos State in the forefront of administration of justice, not only in Nigeria, but throughout Africa
Your tenure as Attorney-General of Lagos State saw quite a number of innovations hitherto unseen, not just in the State, but in Nigeria, particularly the Crime Offenders’ Register creating the Criminal Data Base. How successful has this initiative been, in combatting crime in the State? This has now been re-formatted and re-christened as, the Lagos Criminal Information System (“LCIS”), which serves as an electronic repository of all defendants awaiting trial, as well as suspects who pass through the criminal justice process and are convicted for crimes in Lagos State. It is robust, because it contains biometric details such as fingerprints and photos of defendants, categories of offences, the geographical spread of the offences, victim information and other relevant classification. The LCIS keeps track of the suspect, until he or she exits the criminal justice system. It has become an indispensable tool, in the administration of criminal Justice in Lagos State, and its information now heavily relied upon in the implementation of reforms in the Justice System. So far, it has managed to enrol and take inventory of over 12,000 existing inmates, in all the prisons in Lagos State. A major dynamics, is its capacity to assist in planning and statistics purposes.
The Audit and census taken in the prison in its first phase, revealed some astonishing facts from; number of Awaiting Trial Inmates in the prisons, to the current grossly overstretched prison capacity. Also, through the information gathered so far, we have been able to identify prevalent offences, and notorious crime areas in the State. It is a sustainable system that can always be enhanced to collect more crime data, even for suspects that are not undergoing trials at the Criminal courts. A recidivist can be easily identified, especially for sentencing purposes. Criminal records of convicts are now accessible with precision, confusion over the identities of inmates are now a thing of the past. Consequently, stakeholders have more confidence in the system.
The DNA Forensic Centre and Crime Lab have been received by Lagosians with so much enthusiasm. To what extent has the Police and your Ministry used it in criminal prosecution? Would you say the project is worth the expense?
The DNA Forensic Centre and Crime Lab, is a capital intensive investment that will enhance the quality of evidence and adjudication of cases in our criminal courts. The DNA Centre is fully functional, and has continued to advance in time. It is important to state that, the Government of His Excellency, Mr Akinwunmi Ambode, took that giant step to use technology in solving problems, in the administration of criminal justice in Lagos.
The project has proved worthy of its expense, but will require continued patronage. This science based approach to proving crime, has been adopted in some of our criminal cases. There are also plans to expand the Centre as soon as possible, to cover toxicology and other areas. DNA evidence now forms part of expert evidence that can be admitted by the court, once the necessary foundation is laid. Recently, the DNA Forensic Centre got ISO certification, and became the only Centre in Africa to obtain an ISO certification, so that several tests hitherto done out of the country, can now be fully handled by the Centre.
DNA results can be adduced where necessary; even the defendants are at liberty to provide it, to exonerate themselves. It exists to easily identify and indict offenders, as well as exclude suspects without culpability.
The DNA Forensic Centre and Crime Lab will ultimately assist the Police in easy detection of crime, rather than embarking on guess work, and will help in reducing the time to be spent in investigating crime, with the use of technology to ascertain the offender.
The project is worth the expenses incurred, because it has grown Lagos to the level of being relied upon by other States, embassies and individuals. Presently, we have various embassies trying to partner with the Centre.
The Centre also assists in quick and easy dispensation of justice, since it produces required evidence linking a suspect to a crime.
The Mobile Court initiative which you commenced in conjunction with the Lagos State Judiciary has seen a sharp reduction in street trading, traffic congestion and other social vices on Lagos roads. There have been reports that, some officials of the Task force sometimes confiscate goods from these traders and unjustly convert them to their personal use, especially consumable items. How have you dealt with that?
Indeed, this is worrisome, but we are yet to confirm the authenticity of this allegation, and we have our team working to ensure that this does not occur. I am aware that, during enforcement of the law and goods are confiscated; they are sent to orphanages, remand homes and prisons. The importance of the Mobile court cannot be overemphasised, in the enforcement of traffic law and free movement of vehicles in Lagos State. The alleged negative press is regrettable, and we should look at the larger picture of enhancing and sustaining the administration of law in Lagos State.
Let us also appreciate that, there has been a level of sanity in the State through the effectiveness of the task force and mobile court. However, what the Government seeks to achieve with the task force, is to curb to the barest minimum, the number of environmental offences and avoidable accidents on our roads. It is to keep the society sane and safe, but the most important thing, is for citizens to be law abiding.
It has been observed that your tenure as A-G saw a rather sharp improvement in the services of the Office of the Public Defender (OPD), with so many cases speedily disposed of professionally and efficiently. For a department that basically offers pro bono services to the public, how were you able to deal with the challenges and run it so efficiently, these past four years?
The operation of criminal justice in Lagos State, is founded on the tripod of justice for the victim, defendant and the larger society. We need to ensure that, we continuously provide access to justice for
“RECENTLY, THE DNA FORENSIC CENTR GOT ISO CERTIFICATION, AND BECAME THE ONLY CENTRE IN AFRICA TO OBTA AN ISO CERTIFICATION, SO THAT SEVE TESTS HITHERTO DONE OUT OF THE COUNTRY, CAN NOW BE FULLY HANDLE BY THE CENTRE”
“CERTAINLY, PLEA BARGAIN IS BEING USED EXTENSIVELY. AS AT 16TH APRIL, 2019, ABOUT 105 CASES HAVE BEEN DISPOSED THROUGH THE PLEA BARGAIN SYSTEM”
those who do not have money to engage Lawyers, but are facing charges. The reforms carried out at the OPD since inception of this Government, has contributed to ensure that, our less able citizens have access to legal representation in criminal courts. OPD also undertakes other defence work, on behalf of employees.
Of course, every project has its challenges; the Office of the Public Defender is no exception. In addressing its challenges, the OPD created the Criminal Defence Unit, Civil Claims Unit, as well as the Child and Family Justice Unit, to enhance its efficiency and functionality. Law Officers are now assigned to specific units, to handle cases relating to such units. State Counsel have also been exposed to several trainings on Trial and Advocacy, organised by NITA (National Institute of Trial Advocacy), Colorado, USA who visit Nigeria at their own cost to train Counsel. Counsel are exposed to mediation trainings, yearly.
The Office of the Public Defender, is represented by Law Officers at all Magistrate Courts in the State, all Criminal Divisions of the State High Court, National Industrial Court, as well as Family Court. In addition to the Toll Free numbers provided in order to afford members of the public the opportunity of calling the Office, the direct lines of the Director and Deputy Director have also been made available to the public. As we are all aware, the Office also has a very active social media presence.
It is on record that, you successfully midwifed 13 Bills and saw them passed into law. Kindly, mention some of these bills, and how you were able to achieve this feat.
Yes. You are right. As a matter of fact, there are several Bills that are presently undergoing Legislative process which I believe will be passed into law in the near future. However, some of the Bills already passed into law include :
- Environmental Management and Protection Law, enacted to provide a clean, safe and healthy environment for all residents of the State.
- Lagos State Cooperative College Law, the College was established to provide courses of instruction leading to degrees, diplomas, certificates and other distinctions in corporative and such related studies.
- Lagos State Electric Sector Reform Law, enacted to provide for the development and management of a sustainable power supply in the State.
- Sports Trust Fund Law, enacted to provide for the establishment of the Lagos State Sports Trust Fund.
- Lagos State Mental Health Service Law enacted to establish the Mental Health Service and provide for the protection and care of persons suffering from mental disorders.
- Lagos State Employment Trust Fund Law; Lagos State Tourism Promotion Agency Law, Sports Commission Law, Customary Court Law, to mention a few.
I can only attribute this achievement, to the cordial working relationship between the Executive and Legislative arms of Government, as both arms have the best interest of the masses at heart. As such, it was not difficult to come up with laws that will positively impact the lives of the residents of the State.
It is also on record that, the Government has a vision to build and operate habitable prisons in Lagos, which will decongest prisons and give reformation of criminals a human face. What have been the obstacles, to bringing this laudable project into fruition?
The final approval from the Federal Government, for the State Government to build the new state of the art prison and relocate the Ikoyi prisons, has not yet been granted.
Many looked forward to bringing to book, the culprits in the Otedola Bridge fire incident which claimed many lives and resulted in the loss of many vehicles. This didn’t happen. What is the state of that case?
What I can say is that, Police investigation is still very much ongoing. There are theories that the tanker driver got burnt in the inferno, but the absolute veracity of that, is yet to be confirmed. However, investigation by the Police so far, reveals that the registered owner of the truck has been traced to Kano State. The owner cannot be held criminally responsible, unless it can be proved that the truck was in a state of disrepair or had electrical or mechanical fault, which caused the accident. Preliminary facts available to Ministry of Justice would indicate that, the accident was due to human error. The Owner can however, be liable in a civil suit, for class action by victims and their families. The Ministry of Justice is determined to prosecute, if the Police can make available to it evidence of culpability on the part of the owner of the truck. As we all know, investigation is pivotal to criminal prosecution, and investigation by the Police in the Otedola Tanker fire incident, as much as we can say, is still ongoing.
Also, the incident of collapsed school building in Lagos which resulted in the deaths of many school children. Kindly, shed some light on the state of building laws in Lagos, which made it so easy for property developers to get away with such uninhabitable structures. Or is it just that, those responsible for these atrocities get away with them? Like the Synagogue Church for example. Nothing seems to have come out of that case, even though over 100 lives were lost in that unfortunate incident.
To be frank I think our building laws are significantly robust, but our monitoring and enforcement will need further improvement, to identify and prosecute offenders.
The Synagogue case is ongoing, and has reached the defence stage. It is interesting to note that, under the application for a No Case Submission, the court held that, the defendants have a case to answer, and invited the defendants to open their case. We are certain that, the matter will be completed in earnest. The Ministry is also currently prosecuting the suspects in the Lekki Garden building collapse, so the public should await the outcome of the trial. Investigations are still ongoing in the recent Lagos Island building collapse, and will shall take a position once a case file is received from the Police.
You have elevated Plea Bargain to a new level, and several cases have been disposed of through this system. Has this served the course of justice to the offenders and to the people?
Certainly, plea bargain is being used extensively. As at 16th April, 2019, about 105 cases had been disposed through the Plea Bargain system. I set up a standing committee in the Ministry of Justice, headed by the Director of Public Prosecutions to receive and review all plea bargain applications, and make recommendations to my office for approval. This system has worked brilliantly, and I am confident that many defendants will begin to see it as an opportunity for closure, so they can have another chance at being productive and law-abiding citizens in society.
You have continued to receive commendations on the introduction of the Land Grabbers aka ‘Omo Onile’ Law, as the menace has been reduced to a large extent. But, sadly, these miscreants
still operate freely in some places. What plans have you put in place to see that this evil is eradicated, if not before the end of your tenure, then in the nearest possible future?
The mischief to be cured under the Lagos State Properties Protection Law 2016, is the lawlessness in terms of taking possession of land. Prior to the passing of the Law, Land grabbers resorted to the use of all means, to take possession of land even when there is evidence of prior or adverse possession. It therefore, became necessary to regulate land owners/ occupiers taking possession of land and criminalise certain activities carried out in taking possession of land. The Law also criminalises, illegal sale of land without title. A task force Unit was established, to enforce the provisions of the law. Several offences were created under the law, all of which attract penalties of either imprisonment or payment of fine. Prohibition of forceful land take over, attracts 10 years imprisonment, prohibition of entry by violence, illegal occupation of property, use of law enforcement agents to execute judgement of a court in respect of landed properties, encroaching on a land with a weapon attracts 10 years, sale of property without Authority, demand for fees and imposition of fee or levy in respect of construction activities on any property or disruption or obstruction of construction works, attracts a fine. The task force is receiving petitions on a daily basis, and prosecuting cases at the Special Offences court.
How has the opportunity to serve your State in such an important capacity been, these past four years? What legacies are you leaving behind?
In addition to my earlier response which forms part of our legacies, we are leaving a legacy of better Staff welfare, expansion of the frontiers of access to justice, better working environment, additional career path opportunities for State Counsel to become leaders and heads of other MDA’s, other than the Ministry of Justice, use of technology to improve the services of Ministry of Justice online laws, DSVRT short SMS code, establishment of Lis Pendens Registry, to mention a few.
How would you describe your relationship with the Judiciary of the State, and what would you say is the most important factor for its sustenance?
I will describe my relationship with the Judiciary, as excellent. I think this has been helped by the fact that, I am a child of a judicial officer who had served in practically all the levels of the justice system, before he retired as a Supreme Court Justice. It therefore, made it easy for me to act as a bridge, and understand the peculiar challenges of the Judiciary, especially the need to recognise it as an independent arm of Government, that is extremely crucial for sustenance of society and our democracy. The Lagos Judiciary, is unarguably the best in the Nation, but is currently still overstretched and overworked, and welfare of the entire judicial system from the Customary Court Judges, Magistrates and High Court Judges including retired Judges, must therefore, never be compromised. Happily, HE Governor Akinwunmi Ambode fully recognised this critical arm of Government, and ensured that its needs were substantially met, based on available resources. I expect that with more support, the Lagos Judiciary will continue to retain its pre-eminent place, as the most virile and independent Judiciary in the entire Federation.
“THE LAGOS JUDICIARY, IS UNARGUABLY THE BEST IN THE NATION, BUT, IS CURRENTLY STILL OVERSTRETCHED AND OVERWORKED, AND THE WELFARE OF THE ENTIRE JUDICIAL SYSTEM, FROM THE CUSTOMARY COURT JUDGES AND MAGISTRATES, TO THE HIGH COURT JUDGES, INCLUDING RETIRED JUDGES, MUST THEREFORE, NEVER BE COMPROMISED”