By Ogalla Daniel
Kogi State Command of the Nigeria Police and the state judiciary have expressed determination to work together in harmony for the effective implementation of criminal Justice administration in the state.
This was the outcome of a historic visit and deliberation between heads of the two institutions designed to initiate and strengthen synergy for efficient working relationship.
For the Chief Judge of Kogi State, Honorable Justice Josiah Majebi, there was need for an improved policing so as to impact positively on the criminal justice administration sector.
On his part, the new Commissioner of Police for the state, Miller Dantawaye, revealed that he has ordered the decongestion of police cells across police formations in the state.
The Chief Judge while playing host to the new police boss in his office at the judiciary headquarters in Lokoja, equally made a case for well-equipped and trained police personnel to bolster the justice sector.
His comment was in reaction to the CP’s vow to ensure adherence to the provisions of the Administration of Criminal Justice Law (ACJL) of the state which the CJ applauded.
Justice Majebi who said it was the first time he was receiving a new CP in the state, maintained that he was impressed by the humility of the police helmsman describing the CP’s solicitation for stronger synergy and collaboration in tackling crime in the state as a laudable development.
“Being the first time I am receiving a new police commissioner for the state, I am glad that I am seeing humility in the Police Force. You come to say you have arrived and we will not take that for granted or abuse it. I appreciate your request for better synergy and collaboration with your institution so as to move the security of the state forward” said the CJ.
He went further to emphasise the importance of the visit stating that any noticeable grey areas amongst agencies in the criminal administration sector would be sorted out. He said all such agencies are vital partners who must regularly crosscheck with one another to enhance performance as critical stakeholders.
The CJ particularly stressed that it was no longer acceptable for the judiciary to be bashed for poor prosecution of cases.
“The essence of the visit is that in the Administration of Criminal Justice in the state, we are all partners and we always appreciate our partners who are performing and we urge those who are not to tell us their reasons for failing so that we can address them collectively. This is because the judiciary is always blamed in matters after court pronouncements despite the judiciary having other critical stakeholders.
“It is the facts presented before the court that qualify the court to either say the suspect is acquitted or jailed. But once a suspect is freed by the court, the judge is accused of taking bribe not knowing that he was left with the skeleton of the matter after the flesh and blood have been sucked. But here in Kogi State, we have Judges with high reputation who are ready to sacrifice their blood for justice. So we consider today important because you have come to assure us of your readiness to partner with us to achieve our collective goals.”
Cautioning the police on handling cases, especially trivial civil matters which shouldn’t have been taken to court, he reminded the number one cop in the state that individuals and institutions are liable for violation of people’s rights. He cited issues of wrongful and prolonged detentions, especially over matters that should be resolved through Alternative Dispute Resolution (ADR) though cautioned against its abuse.
“As we always advice other stakeholders in criminal justice administration through comments made by our Judges on false imprisonment, long period of detention of people, award of damages against individuals and institutions who contravene the law, police officers must be very careful and diligent in their duties. You should know that anybody brought to you could have lawyers waiting to see how the case is treated.
“Thank God the Commissioner of Police has said that he will encourage issue of settlement out of court on trivial matters. But it must be done with care and not for selfish interests. For example, where evidence shows that a simple matter of creditor and debtor in a transaction is turned to breach of trust puts the judge in a tight situation.
“This eventually gives the judiciary a bad name of not helping the police when the judge follows the provisions of the law and frees the person. It is even laughable when sometimes they say judges are just releasing criminals into the society! Those in investigation know the law and the facts and must always look at the law vis-a-vis the facts in prosecution.
“Every Judge has taken oath to be fair and just. So I can assure you that where we have enough fact that crime has been committed, we make pronouncement to that effect. We are also in the society where we don’t want insecurity to thrive and when we all support the effort of the state in fighting insecurity it makes life safer for all of us” he said.
In that regard, the CJ delved into charging suspects for trial while advising that suspects should be charged accrodding to and in proportion with the offence committed in order to avoid miscarriage of justice. He said care must be taken in framing charges against suspects to avoid subjecting suspects to unwarranted detentions.
“We need to be careful on laying bogus allegations against suspects. We have seen instances where a minor misunderstanding between a commuter and the rider is slammed with an allegation of attempted robbery which is a grievous offense. Because such offence limits the Magistrate, it made the suspect spend more time in detention. So it is important to look into framing offences against suspects.
“The ACJL law specifies time frame within which certain actions must be taken and if the period expires, that is all. Subsequently, the case comes to the High Court and when the suspect is released, they will say notorious criminal has been released. So help us to relieve the judiciary by doing what is right and let us have a civilized society with efficient policemen in the state” he demanded.
The CJ went further to appreciate the governor of the state, His Excellency, Alhaji Ahmed Ododo, for prioritizing security of the state disclosing that a committee has been constituted by the governor to reform the justice delivery sector.
“Also on ACJ, His Excellency has set up a Justice Sector Reform Committee with the Chief Judge as Chairman and the Commissioner of Police as a member. The committee is composed of people who should have responsibility of ensuring that we have justice as it should be in the state. It is to be inaugurated soon to take care of the needs of relevant agencies and make Kogi State justice sector an enviable one in the country.”
He finally reminded the commissioner of the need for absolute compliance with the 1999 Constitution (as amended) while advocating that the police be “regularly lectured on the basic requirements of the constitution on crime, its prevention, management and prosecution of cases. He thanked the CP for the crop of policemen attached to the judiciary, whom he said were working “beautifully and excellently”.
Earlier, the new Commissioner of Police, Miller Dantawaye, had asked “to work together with the judiciary in administration of criminal justice so as to nip crime in the bud in the state”. He said the police would not succeed without the judiciary and demanded for “a strong synergy to achieve goals together”. He also hinted on adoption of ADR and assured of describing responsibilities diligently. He said only cases required by law would henceforth be taken to court just as he added that he had given directive for the immediate decongestion of police cells in the state.
“I assure of carrying on our own responsibility of ensuring that only cases that are accepted in law would go to court as we also employ the use of ADR. I have told my officers to settle minor and frivolous cases as amicably as possible and in such manners that will not create enmity in the society. Of course, criminal cases must be pushed to court because police cells are not even supposed to be over crowded with suspects because the fewer in the cell the better for me.
“To avoid over congestion in our cells, I have warned and directed already that, particularly in civil cases, I will have problem with whoever populates my cells. The Inspector General of Police has warned against such civil cases and Kogi State Police Command must comply with the Inspector General of Police’ directive” he added.
While the visitors were received by the CJ along with Judges and Management members, the CP’s entourage included the DCP, Operatiosn, Chike Louis Nwabuwa; DCP Admin, Baba Mallam Alhaji; ACP, CID, Ernest Eze; SP William Ovye Aya, PPRO; SP Gabriel Otowu, I/C of Legal and ASP Samuel Giwa.