Delays while awaiting DPP’s advice congest correctional facilities – Lawyers
Congestion
By Chinyere Omeire
Lagos, March 20, 2020 (NAN) Some Lagos-based legal practitioners on Friday said that the delays emanating from awaiting the Directors of Public Prosecutions’ (DPP) advice, had made the number of inmates at correctional facilities in the country very high.
The lawyers expressed the viewpoint in separate interviews with the News Agency of Nigeria (NAN) in Lagos.
Mr Ogedi Ogu said that the Administration of Criminal Justice Act/Laws in the country placed the duty of providing legal advice in such matters on the DPP.
He noted that the Administration of Criminal Justice Act/Laws in the country gave a time line within which such advice should be provided.
Ogu, however, said that the provision of the law had mostly been observed in breach by the DPP.
“This is unfortunate as the court has more often encouraged the DPP to continue to delay the legal advice.
“The DPP will always explain such delays when summoned, as to why such charge should not be struck out.
“There is a way to ensure that the office of the DPP rises to the demand of justice.
“Our courts must apply the full law and strike out such matters that have congested the courts’ lists, on the guise of unending awaiting the DPP’s legal advice.
“The portion of the law that requires further time for the DPP to issue its legal advice, upon expiration of the prescribed 30 days period, should be abolished.
“It is unbelievable that a 30-day period is inadequate for the purposes of issuance of the legal advice,” Ogu said.
According to him, the delay is more painful when it turns out that the person awaiting the legal advice has no connection to the crime he is remanded for.
“Such person has been kept long in the correctional facility because the office of the DPP failed to turn in such advice within the prescribed period.
He noted that no criminal justice system survived in such manner.
Mr Chibuikem Opara suggested an overhaul of the criminal justice system, saying that the approach should be similar to the civil procedure system.
“In civil litigation, small claims’ courts were created, where people whose claims were not much would get judgment within a very short time.
“If time limit is giving for trial of misdemeanor and minor offences, it will go a long way to decongest correctional centres.
“Where an offence will be properly addressed by community service, then, there will be no need to remand the offender in a correctional facility.
“Also, where a magistrate has no jurisdiction to try an offender, he should not make an order for remand to await DPP’s advice.
“The offender should be docked at the high court that has jurisdiction,’’ Opara said.
Mr Chris Ayiyi, another Lagos-based legal practitioner, urged the judiciary and the relevant authorities to ensure that cases were properly investigated before taken to courts to minimise the issue of awaiting trials.
“We have close to 80 per cent of inmates that their cases are purely civil; facts are only revealed during trial. Such cases can be avoided if proper investigations were made at the onset,’’ he said.
Ayiyi advised the judiciary to curb the activities of some lawyers hanging around the court premises, checkmating Investigating Police Officers (IPO), before the IPO could file a charge to the court.
He advised that activities of such lawyers did not portray the judiciary in a good light. (NAN)
OCC/FLP/AJA
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Edited by Folorunso Poroye/Adeleye Ajayi