• Oshiomhole takes Police to N'Assembly
ATTORNEY General of the Federation (AGF), Mohammed Adoke, said Wenesday that it has not prosecuted anybody for the murder of Edo State Governor's late Principal Private Secretary, Olaitan Oyerinde, because of the conflicting nature of the investigation conducted by the Police and the Department of State Security (DSS).
Adoke, who was represented by a Deputy Director in the Justice Ministry, O.T. Olatigbe, made the revelation while giving testimony before the Uzor Azubuike-led House Committee on Public Petitions.
According to him, "the reports of both the Police and DSS investigations have been received, but the office does not know which to act on, because both were convincing in their analyses."
He, however, explained that the dilemma of AGF was a result of non-involvement in the investigation process, by both Police and the DSS.
He told the committee that the AGF had already started studying the police report on the incident before the DSS report came in and threw the office into confusion because the details of the DSS report were also very convincing going by the details of how the investigations leading to the arrest of the suspects were conducted.
Director General of DSS, Ekpeyong Ita, in his presentation, disclosed how the DSS was able to use Oyerinde's phones that were stolen to trace and arrest them.
With the origin of the phones properly traced, Ita said the real robbers, who killed Oyerinde, were successfully tracked down and arrested and have made confessional statements.
The suspects, he said, have been handed over to the police for prosecution.
And Edo State Governor, Adams Oshiomhole, in his testimony, described the conflicting reports of the Police and the Department of State Security (DSS) regarding the alleged murder of Oyerinde as a monumental national embarrassment.
The governor alleged that the Police were trying to frustrate the investigation to cover up for the perpetrators of the murder.
He pleaded with the House to prevail on the Police Service Commission to immediately dismiss the Police officials, who handled the investigation of Oyerinde's alleged murder.
Chairman of the committee, Uzor Azubuke, had made it clear that the public sitting on that matter was necessitated by the petition the committee received regarding the conflicting reports by Police and DSS.
Meanwhile, to ensure prisons' decongestion across the country, the Senate yesterday moved to revive and strengthen existing Criminal Justice Act, which empowers Chief Justice and Chief Judges to order the release of persons detained in certain cases.
The new law, when passed, would make it mandatory for the Controller-General of Prison, as the chief custodian of prison inmates, to send monthly returns on the entire inmates of the prison to the Chief Justice of Nigeria and the Chief Judges of relevant states. The Chief Judicial Officer also on the basis of that return, should order the release of inmates who fall within the category covered by the Act.
Titled: "A Bill for an Act to Amend the Criminal Justice (Released from Custody) (Special Provisions) Act 2004 to Provide for the Comptroller-General of Prisons to make Monthly Returns to the Chief Justice of Nigeria and the Chief Judges of the States to Order the Release of Persons Detained in Prisons in the Circumstances Specified in this Act and Proffer more Effective Prisons' Decongestion Solution 2013", the proposed Bill is sponsored by Senator Babajide C. Omoworare (Osun-East).
In a lead debate, Senator Omoworare said the proposed bill would decongest the prisons considerably but would equally ensure official record-keeping, inject sanity, transparency, as well as guarantee timely review of the nation's crowded and frightening prison system.
He insisted that the disturbing detention of persons is tantamount to an infringement on their fundamental rights as ordained by the constitution.
"The subject matter of this amendment Bill hinges on fundamental rights as enshrined in the constitution. It is cardinal to point out that holding a person awaiting trial beyond the time he would have spent had he been sentenced for the offence he had been charged, is a matter viewed globally as infringement on his human rights.
"The over-population of the prisons has largely been responsible for the incessant jail-breaks in Nigeria and with this comes the attendant security risk to our nation as both convicted and awaiting trial inmates disappear into thin air", Omoworare said.
The lawmaker added that the beauty of the cumulative effect of the extant Act and the proposed amendment is that the Chief Justice of Nigeria and/or the chief judges of states do not have seamless or limitless latitude to release persons awaiting trial at his or her whims and caprices.
"It is important to note that the intended amendment is without prejudice to the proposed amendment to the Prisons Act (CAP P29) LFN 2004, which is a wholesale reform of the administration of Prisons in Nigeria. If anything, it will serve to complement the Prisons Reform Process."
The lawmakers, in their contributions, said the bill would further institutionalise democracy. They stressed that protection of human rights and dignity is a major feature of a democratic society.
They emphasised that any society where citizens are subjected to inhuman treatment cannot boast of entrenching democracy.
"Human rights and human dignity are both interwoven features of democracy. Any society where people are subjected to inhuman treatment is no longer a democratic society. This bill is one step towards institutionalising democracy.
"No effort is too much to protect the right of people. It is the poor people, who as a result of mis-governance are tempted to commit crimes, that are often denied justice. The right of an individual must be protected. This bill will liberate majority of people who are oppressed and are undergoing inhuman treatment in Nigerian prisons", said Smart Adeyemi, Kogi-West.
Senator Joshua Lidani, Gombe-South, expressed worries that in spite of the huge amount spent to ensure that prisons are decongested nationwide, the situation has continued to deteriorate.
The bill, he said, would address the issue, as it would compel custodians of prisons to be on their toes.
"A lot of money has gone into decongesting Nigerian prisons and during our oversight, we found out that many prisoners were unjustly convicted. This bill seeks to address such issues and as such, should be supported. Nothing in the law compels judges to act on the reports sent to them; otherwise, if the bill is left as it is, it will be the same old story."
For Senator Abdul Ningi, Bauchi-Central, that 70 per cent of prison inmates are awaiting trial is unacceptable. According to him, it was a manifestation of poor justice administration in the country.
He, therefore, urged his colleagues to support the bill and ensure its accelerated passage into law.
In his remarks, President of the Senate, Senator David Mark, described the bill as a beautiful one, which has the support of every lawmaker.
Mark noted that majority of the people, who are detained beyond necessary time are ordinary people, who may not be privileged to access justice.
"It is a beautiful bill and has received the support of almost all the lawmakers. When people are detained beyond the time they require to stay in detention, it is not in the interest of the person or the country. It is even more worrisome that those being so detained are the ordinary people", he said.
The bill was referred to the Committee on Judiciary for further legislative action. It is expected to submit its report within two weeks.
The Guardian