By: Douglas Ogbankwa Esq.
Before filing a charge at the High Court, one must seek the Court’s permission. This requirement was originally implemented to prevent prosecutorial abuse. However, prosecutors are currently abusing their powers more than ever, making it necessary to reintroduce this requirement to file charges.
Prosecutors who misuse their authority must face consequences. An ombudsman should be appointed to oversee prosecutorial activities, ensuring accountability. Urgent reforms in the Justice Sector are necessary for the benefit of all.
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The Nigerian Bar Association (NBA) must implement systems to safeguard citizens’ rights. Beyond the numerous events and discussions, the NBA must embody its motto: “Protecting the Rule of Law.”
Our national conferences often overlook critical issues like judicial independence, bail process simplification, transparency in judge appointments, streamlined CAC procedures, the use of technology in court operations, and reforming the sheriff and bailiff systems.
In many Nigerian states, governors dominate the judiciary, treating it as a department of the government house. State Chief Judges often lack control over basic administrative tasks like employing drivers. They are limited to case assignments, judge transfers, and staff oversight.
The financial control of the judiciary lies with the governors.
The NBA, at all levels, is aware of this but remains silent to avoid offending the governors. We urge the Attorney General of the Federation to take this issue to the Supreme Court, seeking financial autonomy for the judiciary, similar to what was achieved for Local Government Areas. Control over the budget equates to control over operations, and financial independence is crucial for judicial impartiality.
Conflicting court judgments and judges issuing orders beyond their jurisdiction must be addressed. The judiciary must be held accountable to build a just society. The current disconnect between society and judicial proceedings calls for the judiciary to reinvent itself.
Many Nigerians languish in prisons and detention centres nationwide. The Attorney General of the Federation must ensure fair treatment across all security agencies. Democracy hinges on freedom, and citizens must enjoy their full rights in a democratic setting. The international community is watching, and Nigeria must demonstrate a commitment to a new democratic order.
Impunity persists in many agencies, with excessive roadblocks and illegal operations by security forces on highways. Court rulings have deemed operations by the Nigerian Air Force, Navy, and Vehicle Inspection Officers illegal on the roads. Untrained vigilantes also pose a threat to innocent citizens. In Nigeria, deaths on the road often go uninvestigated, with no accountability.
Over 70 percent of inmates in Nigerian prisons are awaiting trial, many of whom should not be there. Recently, peaceful protesters were remanded by the President of the Customary Court in Imo State without consequence. Consequences deter impunity, and such abuses of power must be addressed.
The judiciary itself requires significant reforms. Judges and magistrates should not derive satisfaction from incarcerating people. The practice of granting bail without allowing suspects to return home the same day must end. This is a uniquely Nigerian issue.
I call on the Chief Judge of the Federal High Court of Nigeria to review the bail application process. The Administration of Criminal Justice Act (ACJA) allows family members to take defendants on bail, yet stringent bail conditions leave many in prison. Simplifying bail processes is essential to restore confidence in our courts. It is unjust for a defendant to be remanded in prison while perfecting bail conditions.
Stringent surety requirements exacerbate prison congestion. Federal High Courts often demand sureties who are senior civil servants or holders of Certificates of Occupancy, making it difficult for the poor to secure bail. The Court of Appeal has ruled that civil servants standing as sureties is illegal, further complicating matters for the less privileged.
The Nigerian Criminal Justice system often protects the powerful while oppressing the weak. Security agencies frequently remand individuals with minimal evidence, relying on motions and affidavits without case files. Most security agencies confiscate phones at the gate, preventing detainees from contacting lawyers or capturing evidence of abuse.
Addressing these issues is crucial for an equitable society. Nigerian security agencies must recognise that they are dealing with a new generation of citizens aware of international best practices.
Many oppressed individuals remain silent out of fear—their unspoken cries for justice echo in our thoughts. Nigerian courts must prioritise citizens’ rights and condemn those who misuse the judicial system.
Regardless of our diverse ethnic backgrounds, we are all Nigerians. Through our collective actions, Nigeria will achieve greatness.
Viva Nigeria.
-Douglas Ogbankwa Esq.
Convener, Security Situation Room Convener, Vanguard for the Independence of the Judiciary
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