Fred Agbaje, a Lagos lawyer and human rights crusader, spoke with THOMAS USHIE. Excerpts:
Recently, the former Commissioner for Justice and Attorney General of Lagos State, Sashore, and others, advocated for the creation of State Prison Services. What is your take on such call?
Constitutionally, there is nothing abnormal about such calls. More so that we are operating a federal system of government which presupposes that the autonomy of the state is guaranteed.
What is the feasibility of such venture?
The problem is the feasibility of a state prison service, considering the Nigerian situation, particularly in Lagos and other states of the federation. We have federal prison yards and for us to have state prisons, would it not create problems? It would create problems definitely. A convict is a convict. It does not matter whether such a person is detained in a federal or state prison. I would think that, for purposes of centralisation, control, and accessibility, there is no need for dualization of the prison system in Nigeria.
But as I have said earlier, constitutionally, it is okay as they would operate side by side independently. The danger, however, in such is that the local government might also want to have its own, after all the local governments also make laws that criminalize some actions or inactions. So, it would become ridiculous when we begin to have federal, state and local prisons.
What is the implication of the establishment of such prison services?
Such an arrangement has financial and logistical implications. And such implications could be so much on the state. But constitutionally there is nothing wrong about it except logistics and finance.
What is your take on the conditions of people awaiting trials?
It is horrible, very horrible. So many of the detainees in the first instance are not supposed to be there, particularly in a situation where the proof of evidence in support of the charges against some of the detainees is not even sustainable. So, in a situation like that, it would not only be illegal but it would also amount to injustice to detain such people. And that is what is happening in most of our prison yards today. I know that some people, when you look at the evidence in support in the charge sheets, it is not sustainable.
For instance, sometimes, some policemen would just lay allegations of robbery against some people and they are detained. There are occasions some of them would say that they are waiting for the Director of Public Prosecution's (DPP) advice that would never come until thy kingdom come. I am telling you as a legal practitioner, DPP's advice, prove of evidence in support of some of the capital offences, so many of them are frivolous, unobtainable, and cannot be substantiated. Yet, the suspects are detained.
Check out the cases of murder. Check out the cases of armed robbery, and so many others. Unfortunately, once a magistrate hears any case that smacks of murder or armed robbery, he hands off without bothering to look at the proof of evidence in support. The next thing, they would ask for the DPP's advice which might never come.
In a case where a person has been longer than necessary detained awaiting trial, if at the end of the day, he or she is not culpable; would justice not demand that he or she be compensated?
In a situation like that? Okay, let me open up to you. There is a case on my hands now where a suspect was found in a stolen car; he did not know that the car was stolen, but it turned out that the car was snatched.
The man who was found in the car was arraigned at a magistrate court and charged for armed robbery. He was never at the scene of the robbery but for the fact that he was found in that particular car that was snatched by armed robbers after so many months; they said he was the robber.
Do you know that since March last year, they have been waiting for the DPP's legal advice till now? Meanwhile, the proof of evidence in support of the armed robbery, all the three witnesses said that the suspect was not at the scene of the robbery.
They said he was not the man who robbed them. In a situation like that, who is supposed to pay compensation for unlawful detention for the period? The office of the DPP is not even helping matters. They treat matters just like the typical civil service personnel. What I am saying in essence is that we need to re-orientate and do a thorough comprehensive surgical appraisal of our criminal justice system, from the police, to the court, down to the office of the DPP.
National Mirror