LIKE PILATE, AREA COURT WASHED ITS HANDS OFF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE FCT; WHAT NEXT?
In the early days of May 2024, we sighted the below attached circular dated 23rd April 2024 that directed all Hon Judges of Upper/Grade 1 Area Courts in the Federal Capital Territory (FCT) to suspend all criminal matters immediately, irrespective of the stages of the matters before them.
Through my work with Citizens Gavel, I have been actively involved with the administration of criminal justice in the FCT since 2018, directly implementing the Administration of Criminal Justice Act 2015 (ACJA). I have seen firsthand how the tide of criminal justice had been turned upside down as a result of the practices in the Area Courts in the FCT. I would not repeat those ugly details in this piece, the same having been the subject of several petitions and the same having been tested in the law court. I will brush on them in the course of my recommendations.
On sighting the circular produced above, my first concern was the thousands of Defendants who had been remanded at the various custodial centers in the FCT Command on the orders of Area Court Judges, and who have not perfected their bail, same having been almost impossible to perfect, because of factors that are not healthy to the ears.
How does one explain that a Defendant was ordered to be remanded in Keffi Custodial Centre Nasarawa State, by an Area Court sitting in the FCT, for an offence that was allegedly committed in Lugbe, Abuja FCT? One of the ripple effects of this remand is that the Defendant was not produced in court on many occasions for trial as a result of the unhealthy proximity of the place of remand to court.
As a student of Criminal Law Practice and Jurisprudence, I would expect that everyone who was undergoing trial under a Direct Criminal Complaint or First Information Report before an Area Court would walk free pursuant to this long overdue circular. Whether they were on bail or in custody, there cannot be said to be a valid charge against them anymore. We will find out if there is compliance with this in the coming weeks.
Going forward, let the Magistrate Courts in the FCT brace up for the impact of what is to befall it. In my research sojourning the lower courts (Magistrate and Area Courts), especially in the last three years, I observed that only about 5% of criminal cases made it to the Magistrate Courts, and the 95% remaining went to the drain of Area Courts. In fact, in one of my court duty soliciting days at a Magistrate Court in Kubwa, Abuja in 2022, I was made to understand that the court had only 10 files that were of criminal cases, most of which were not going on anyway. All others were civil cases. A particular Magistrate Court in Wuse Zone 2, Abuja had no criminal case going on before it when I visited around the same time. This has come to an end. All the petty criminal cases are now coming to the dockets of the Magistrate Courts.
Let the Magistrate Courts be forewarned that it will not be business as usual. Let the Magistrate Courts not continue with the wanton corruption, and reckless abandon of the administration of criminal justice that prevailed at the Area Courts. Let the Magistrate Court not be a dumping ground for suspects by the Police in the FCT. Let it not be hell for a Defendant to perfect a bail that has been granted by the court. Let the Director of Magistrate in the FCT be firm in ensuring that the confidence in the Magistrate Court is not lost as a result of sham practices. We cannot afford to start another campaign to take away the criminal jurisdiction of the Magistrate Court. May we not get there.
To the Police in the FCT, let this be the last time suspects will be arraigned in court when there are no facts, evidence or witnesses to prove the case. Let the Police be reminded that not all cases that are reported at the station have criminal elements to warrant an invitation, arrest, detention, writing of statement, not to talk of arraignment in court. Do your homework. Advise complainants in the appropriate instances to approach civil courts for redress.
To the residents of the FCT, be very careful before you unleash the Police on your business partner, neighbour or debtor. From our observation in these few years, several cases reported at the Police Station have nothing to do with the commission of any crime. For the umpteenth time, the Police station is not a place to report a Landlord-Tenancy dispute. The Police Station is not the place to report a non-cooperating debtor. File civil actions for the recovery of premises and claim what belongs to you.
To my colleagues, particularly the Prosecutors, this one is for you. Avoid the dishonourable practice of criminal justice that bedeviled the Area Courts while it lasted. This is not the time to come to court unprepared. This is not the time to come to court and tell us you do not have adequate information for trial, two months after arraignment. We must not have a charge and bail situation in the FCT again.
As I close, I ask again, pursuant to the circular above, what happens to the persons who were remanded in Suleja, Kuje and Keffi custodial centres on the orders of Area Court Judges in the FCT?
Citizens Gavel is watching. The organisation is equally ready to offer quality pro Bono legal services to indigent Nigerians. You can reach out through the following channels:
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