By Adeyinka Adeniran
Stakeholders including legal practitioners, judiciary officials, among others working around the Administration of Criminal Justice Laws in Oyo state have challenged security operatives in the state against unlawful arrest of suspects noting that the practice accounts for the increasing numbers of inmates across various Correctional Centres in the state.
The stakeholders spoke in their various remarks during a two day capacity building workshop on the Oyo State Administration of Criminal Justice Laws (ACJL).
The workshop themed “Popularizing and Disseminating the Administration of Criminal Justice Laws (ACJLS) of States and Continuously Updating the Laws to reflect Amendments” was organized by The Law Hub Development and Advocacy Centre, Abuja with support from MacArthur Foundation and held at the Aare Afe Babalola Bar Centre, Iyaganku, Ibadan.
Giving “An overview and innovation provisions of the Oyo State Administration of Criminal Justice Law: Strategies for speedy implementation”, in his paper, the Principal Partner, Adekola Kareem and Co, Mr Adekola Kareem identified unlawful arrest as one of the major problems of the state criminal process.
He noted that it is one of the reasons why police stations and prisons are overcrowded.
He said “Arrests are sometimes made on allegation that are purely civil in nature or on a frivolous ground. By section 10(1) of the CPA, the police could arrest without a warrant, any person who has no ostensible means of sustenance and who cannot give a satisfactory account of himself.
“This particular provision has been greatly abused by the police who use it as a ground to arrest people indiscriminately. The ACJL has deleted this provision.”
He lamented that there were several instances where the police arrested relations or friends or close associate of a crime suspect to compel the suspect to give himself up even though that person was not linked in any way to the crime alleged against the suspect.
He noted that Section 9 of the ACJL specifically prohibits arrest in lieu, saying the section provides thus “A person shall not be arrested in place of another person suspected to have committed an offence.”
Adekola further noted that, apart from the police, other agencies vested with power of arrest such as: the Economic and Financial Crimes Commission (EFCC), National Drug Law Enforcement Agency (NDLEA), National Agency for Food and Drug Administration and Control (NAFDAC), etc. had abused this power to arrest and detain relatives and close associates of criminal suspect in lieu of the suspects where they had challenges in apprehending the suspects.
He warned that the Section 9 should curtail this kind of abuses.
A day earlier, in his remarks, the Controller, Oyo State Correctional Services, Controller Abdulraheem Salami had called on relevant stakeholders to help salvage congestion of the Correctional Centres in the state.
Salami had urged all stakeholders to come to the aid of the Service with swift dispensation of justice so the cells can be decongested to avoid health challenges in the facilities.
He lamented that congestion is the same narrative at both the Agodi prison in Ibadan and Abolongo prison in Oyo town, noting that quick dispensation of justice will aid decongestion.
In an overview of the Oyo State Administration of Criminal Justice Rules, the Deputy Court Registrar, High Court, Oyo State, Mr Idowu Emmanuel explained that the provisions of administration of criminal justice law has rationed the concept of trial if fully implemented noting that there are new innovation of trial process.
While noting that the administration of criminal justice act or laws is novel and good legislation if fully made use of by all stakeholders, he charged the Nigeria Bar Association to ensure regular workshop organized to make advocates to be familiar with provisions.
“The judiciary too must organize workshop from time to time to our magistrates and judges. The provision of the administration of criminal justice rules 2022 is not much resorted to. The procedure of case management should be encouraged to see as a matter of compulsion to be used before the commencement of trail. The duty disclosed should be enforced against the prosecuting agencies to speed up trial.”
He also appealed that sufficient funds should be released to assist the judiciary in activities commencing trial.
