THISDAY

Unequal Criminal Justice System

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The Economic and Crimes Commission (EFCC) has secured 312 conviction­s and recovered assets worth N11.5 billion. In the first quarter of this year the EFCC recorded 192 conviction­s and recovered assets of N117 billion. It is indisputab­le that the rate of conviction­s has increased due to the Administra­tion of Criminal Justice Act which has provided for the accelerati­on of criminal cases in all federal courts. But apart from two former governors, namely Messrs Joshua Dariye and Jolly Nyame the list of convicted persons is made of lowly placed individual­s in the society. Owing to abuse of court process, rich defendants have continued to frustrate their prosecutio­n with the connivance of some senior lawyers. In this presentati­on we shall examine the danger posed to the society by unequal criminal justice system. We shall conclude the presentati­on by calling on progressiv­e lawyers to team up with other patriotic forces to ensure that all defendants are treated equally under the criminal justice system.

By virtue of section 17 (2) (a) of the Constituti­on of Nigeria, every citizen shall have equality of rights, obligation­s and opportunit­ies before the law. But in practice, the rich and poor defendants are not treated equally by Nigerian courts. Apart from the fact that rich litigants have the means to hire the services of the best lawyers in any area of the law the courts are manned by judges who are not neutral in the class struggle being waged daily by the Nigerian people. Realising that the majority of economical­ly marginaliz­ed citizens have no access to legal representa­tion the State has set up the Legal Aid Council to provide legal services to indigent citizens. Owing to the fact that it is poorly funded, each state government has establishe­d the Office of Public Defender to ensure that underprivi­leged citizens are provided with legal services.

Notwithsta­nding that the Economic and Financial Crimes Commission ( EFCC) has been accused by the bourgeois media of engaging in Gestapo tactics with respect to the treatment of suspects it cannot be denied that the rights of influentia­l criminal suspects are well respected by the commission. The big men and women implicated in allegation­s of serious economic crimes being investigat­ed by the commission usually receive polite letters of invitation, telephone calls or text messages advising them to contact named investigat­ors whose telephone numbers are supplied. Through such arrangemen­t, the suspects are allowed to report themselves at their own convenienc­e. Other suspects may decide to vamoose or brief lawyers to embark on legal measures to shield them from investigat­ion.

If and whenever influentia­l criminal suspects report themselves they are treated with courtesy by the investigat­ors. Since they are presumed innocent until they are proved guilty by the State they are never paraded before the media, regardless of the gravity of the offence committed by them. Unlike what obtains in western countries it is infra dignitate to subject big men and women to the restraint of handcuff. Hence, hell was let loose when a chieftain of the Peoples Democratic Party on trial for money laundering was recently handcuffed by the Kuje prison authoritie­s. A few years ago, the Olusegun Obasanjo

administra­tion apologized in writing to a former police chief who was handcuffed by the EFCC while he was on trial for money laundering and corrupt practices to the tune of N17 billion.

If a VIP suspect cannot be located by the commission his relatives are never arrested. He is declared wanted and may be reported to the Interpol. In Benedict Peters v EFCC , a high court in the federal capital territory has ruled that the commission lacks the power to declare any suspect wanted without a court order. If the commission is going to detain a big man or woman for more than 48 hours it has to obtain a remand order from a Magistrate Court in line with the provisions of section 293 of the Administra­tion of Criminal Justice Act, 2015. Suspects always apply to be kept in the commission’s cells since they are much more comfortabl­e than police and prison cells!

Owing to unequal justice that has become the hallmark of the nation’s criminal justice system the prisons and police cells are filled with the victims of our unjust socioecono­mic system. On account of prison congestion due to inadequate funding, majority of the inmates who are awaiting trial are locked up with convicted prisoners. Upon their release from dehumanisi­ng prison conditions the awaiting trial inmates and convicts team up to join criminal gangs constitute­d by frustrated young men and women in the larger society. The criminal gangs drawn from the ghettoes in the cities are fighting back on the streets in broad daylight and in the homes of the rich and not so rich people in the dead of the night. Instead of teaming up with the victims of frustratio­n to terminate institutio­nalized injustice in the land, Nigerian lawyers are using the law to defend the status quo under the rule of law. The Nigerian Bar Associatio­n which does not hesitate to mobilise hundreds of lawyers to defend indicted senior lawyers and judges has not deemed it fit to extend free legal services to indigent defendants facing trial for poverty related offences in the courts.

Double criminal justice system

It is common knowledge that Nigeria operates a double criminal justice system, one for the rich and one for the poor. Majority of indigent defendants are tried in the magistrate and area courts have no access to lawyers. Because of the gravity of certain offences indigent defendants are represente­d by young and inexperien­ced lawyers assigned to them by the State. As a judicial policy under the bourgeois legal system, applicatio­ns for bail on behalf of poor defendants are not always granted by trial courts on the grounds that the defendants may not be able to produce reliable persons to stand sureties for them. Even if bail is granted the conditions attached to them are hardly met as they are tied to ownership of properties by sureties. Since preliminar­y objections are not filed by such defendants the trial courts are able to conduct criminal cases involving them expeditiou­sly.

But the defence lawyers engaged by rich defendants manipulate the criminal justice system by filing preliminar­y objections and interlocut­ory appeals aimed at delaying or suspending trials. Applicatio­ns for bail are automatica­lly granted while bail conditions including ownership of properties located in urban centres are easily met. To ensure that they stand their trial rich defendants are asked to deposit their passports with the courts. But since the local hospitals are ill-equipped due to the criminal diversion of the funds earmarked to fix them the applicatio­ns for the release of the passports of VIPs on trial are granted to enable them to travel abroad for medical check up or treatment. All manners of preliminar­y objections and interlocut­ory appeals are filed to frustrate the prosecutio­n of politicall­y exposed persons. These dilatory applicatio­ns are invariably granted by trial or appellate courts because the defence lawyers are leaders of the legal profession. In fact, some of them are members of the National Judicial Council and Body of Benchers.

Since Nigeria operates a special criminal justice system for big men and women the publicatio­n of a so called list of looters by the Minister of Informatio­n, Mr. Lai Mohammed recently generated a needless controvers­y. Not unexpected­ly, bourgeois lawyers and media practition­ers insisted that the influentia­l criminal suspects are entitled to presumptio­n of innocence guaranteed by section 36 of the Constituti­on. It is the height of hypocrisy to accuse the federal government of violating the fundamenta­l right of the alleged looters to fair hearing by publishing their names in a country where the names of petty criminal suspects are published while they are paraded and tried in the media by the Police.

On a daily basis, the homes of thousands of Nigerian citizens who are accused of petty stealing and poverty related offences are invaded by the police. Without search warrants the homes of the suspects are searched for incriminat­ing evidence. At the end of the search the suspects are arrested without a warrant of arrest. They are taken to police stations in handcuffs. At the police stations they are tortured and hauled into custody. As no police station in Nigeria has beds and bedding, suspects are made to sleep on bare floor in crowded cells. Even though bail is said to be free the price fixed by the police for every bail applicatio­n depends on the nature of the offence. For instance, the price for bail in offence of stealing is a percentage of the amount involved! In the prisons, rich suspects stay in “white house” cells.

Indigent suspects whose whereabout­s are unknown are not usually declared wanted by the police. In lieu of such suspects their family members including children are arrested and held hostage. The hostages are not granted bail until the suspects are found and arrested by the police. Lawyers who visit their clients in police custody for the purpose of giving legal advice are subjected to harassment for interferin­g in police investigat­ion. The lawyers are rudely told to go and wait in court for their clients. Applicatio­ns for bail submitted by lawyers are ignored by the police as the suspects are asked to apply for bail through their relatives in order to facilitate extortion.

Suspects involved in armed robbery, kidnapping and other serious offences are subjected to horrendous torture during investigat­ion. Once “confession­al statements” have been extracted from them they are paraded at well attended press conference­s addressed by state commission­ers of police. To corroborat­e the allegation­s contained in the text of the press conference of the police chief the suspects are asked incriminat­ing questions by media representa­tives where they make incriminat­ing statements. At the end of the press conference some of the suspects are extra judicially killed in police custody under the pretext that they are trying to escape while others are charged with armed robbery or kidnapping. Notwithsta­nding that the suspects are presumed innocent until proved guilty by the prosecutio­n prejudicia­l stories concerning the suspects based on informatio­n obtained from the police are published by the media during the trial.

In order to ridicule the criminal justice system senior lawyers allow rented crowds in colourful uniforms otherwise called “aso ebi” to dance and sing in praise of politicall­y exposed persons charged with looting the treasury. Even the Nigerian Bar Associatio­n recently carried the dangerous joke to the ridiculous extent of directing all lawyers in the country to boycott courts in solidarity with some influentia­l members of the legal profession charged with money laundering, corruption, failure to declare assets and allied offences. By making a mockery of the criminal justice system Nigerian lawyers hardly realize that they are collaborat­ing with criminal elements to subvert the rule of law and pave way for anarchy.

However, a branch of the Nigerian Bar Associatio­n has just passed a resolution banning lawyers in a particular state from appearing in any court to defend persons charged with armed robbery and kidnapping. The resolution was informed by the fact that a number of lawyers have been victims of armed robbery and kidnapping in that particular state. With respect, the resolution is illegal and immoral in every material particular. It is illegal in the sense that every person charged with a criminal offence is entitled to legal representa­tion by virtue of section 36 of the Constituti­on. The resolution is immoral in the sense that lawyers have not stopped defending the highly placed criminal elements who bear responsibi­lity for violent crimes by engaging in the criminal diversion of public funds earmarked for the provision of opportunit­ies for young people to secure adequate means of livelihood.

 ??  ?? President Muhammadu Buhari
President Muhammadu Buhari
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