Prolonged trials’ll erode credibility of justice system –Ipaye, Lagos AG

[Mirror]

Adeola Ipaye is the Lagos State Attorney-General and Commissioner for Justice. In this interview with KENNY ODUNUKAN, the state chief law officer speaks on the innovations in the Justice Sector Reform in Lagos State, the fees payable for obtaining the governor's consent on land transactions, the menace of land speculators and criminal prosecution in the state, among others. Excerpts.

President Goodluck Jonathan recently mandated all State Governors to comply with the constitution by signing death warrants of condemned prisoners. What is your view on this?

Mr. President has a point, although the attitude of the governors is also understandable. Under the Nigerian Constitution, the executive power of a governor extends to the maintenance of all laws made by the House of Assembly of the State. Also, the guarantee provided by our constitution of the right to life is expressly withdrawn where a court has passed a death sentence on a convicted criminal.

The fact, as of today, is that our criminal laws provide for death sentence and there are people already sentenced and on death row. However, there has been a raging debate on the propriety of retaining the death penalty; that is, whether or not it serves its intended purpose of deterring crimes like murder and armed robbery. I think Nigeria has largely stood in the middle – neither executing convicted offenders nor changing the law to abolish the death penalty. However, in view of the fact that capital punishment cases take some time on appeal, usually to the Court of Appeal and the Supreme Court, and that the Governor has a prerogative of mercy under the Constitution, governors do have discretion to exercise in signing death warrants. Most of them have used their discretion to delay the signing. I think we should now further the ongoing debates and decide once and for all whether or not the death penalty is worthwhile and appropriate. From this moratorium era, I think we already have enough experience to form the basis of an objective analysis of crime statistics.

Can you highlight the specific innovations in the Justice Sector reform in Lagos State?

Justice sector in Lagos State is a very big one, as you know. That is why we have the biggest state judiciary and Ministry of Justice. The Justice Sector reform in Lagos is therefore a large topic. It is also an ongoing effort, so we can't really finish talking about it. We have in Lagos the most radical rules of civil court which was still further improved effective December 31, 2012. Our Administration of Criminal Justice Law and Criminal Law are also the most far -reaching and modernised in Nigeria with provisions for several new offences, penalties and sentencing options you won't find elsewhere. We also have the largest alternative dispute resolution structures, including the Citizens' Mediation Centre, Lagos Multidoor Courthouse and the Lagos Court of Arbitration. We have the most far- reaching legal aid establishment in the Office of the Public Defender, which is now supplemented by a pool of private sector volunteers doing pro bono work for indigent members of the public under our Public Interest Law Partnership (PILP) Scheme. We are working very closely with all security agencies, including the Police and Prison Services to which we provide extensive assistance, either directly or through the State Security Trust Fund. As I said, this is a big subject that can form the basis of the entire interview.

The public, including some lawyers, have criticised the administration of mobile courts in Lagos State. They argued that matters before mobile courts ought to be taken to magistrate courts. What is your take on this?

The mobile courts are also Magistrate Courts, so the complaint is not properly grounded. We have to resort to mobile court only where the trouble and expense of moving a large number of suspects around justify the decision to bring the court closer to the place of arrest. In the big scheme of things, mobile courts take a very small number of cases though.

What is your opinion on the proposal to create state Court of Appeal that was discussed by the Constitution Review committee of the National Assembly? It appears the idea was rejected. Your view?

If you look at the caseload and congestion in the Court of Appeal, Lagos and some other divisions you might be easily persuaded to support the idea of a State Court of Appeal. Presumably, a state will appoint enough Justices of Appeal to deal with the flow from the State High Court. Also, the classic notion of federalism gives much importance to state autonomy, so a state hierarchy of courts up to the appeal court level would not be an anomaly.

For instance, there are State Appeal Courts in the United States of America running alongside the federal appeal courts. In Nigeria, we once had a Western Regional Court of Appeal. I think it is an idea worth exploring. However, we can, in the meantime, devote more money to the judiciary so that States can have as many high courts as they need, having regard to their respective case volumes, and Court of Appeal and Supreme Court can create more panels as may be found necessary. We have brilliant judges deserving of elevation to the appellate courts and very capable lawyers who would love to be judges.

Still on the Court of Appeal, I think we also need to stem the flow of cases going there. Interlocutory appeals, for instance, should be seriously controlled and, in my view, outrightly prohibited in criminal matters. This prohibition is already in effect in Lagos State, by virtue of our Administration of Criminal Justice Law. The sad fact is that the legal profession and the justice system are losing credibility as a result of prolonged trials. People need to see and feel the system working and that can only happen when cases are promptly heard and concluded. Waiting endlessly for interlocutory appeals to be heard right up to the Supreme Court while the main hearing is stalled is indeed a problem we need to solve now.

There are complaints of corrupt practices in the judiciary. What is your stand on this?

There appears to be complaints of corruption everywhere and the public is now in a heightened state of suspicion. I sometimes think the whole thing is exaggerated, but then the news hit ever so often of another big example. At any rate, the public sensitivity is understandable. The judiciary is the place where corruption should be least tolerated, simply because that is where we all look for justice. To the extent that the public loses faith in the judiciary, anarchy becomes inevitable. Current efforts by the Honourable Chief Justice of Nigeria are, therefore, a rescue mission which we must all support. After all is said and done, it is undeniable that we need to deal with corruption in a decisive way. It is not all about law and sanctions though. We need a moral revolution of sorts, inspired, of course, by a radical, transparent, selfless and charismatic leadership.

How will you react to the allegations that many state prosecutors are not thorough in litigation and some are said to be very lazy?

There are many prosecutors on the job and the quality would vary inevitably. So, you are bound to find good ones and the not so good ones. But note that a prosecutor is often as good as the evidence he has to work with. If the investigation is not thorough, the prosecutor may, indeed, come across as lazy or inefficient. Our investigators clearly need help. We no longer see finger-printing, ballistics analysis and other simple products of forensic investigation anymore. Tools and training are both inadequate and prosecutors often have to rely on confessional statements or evidence of witnesses. These confessional statements are often denied and witnesses lose interest and move on. We simply need to beef up the investigation capacity of our security forces if we want to have decisive and efficient prosecution. Having said that, prosecutors also do need regular training and that is one of our most important priorities in the Lagos State Ministry of Justice.

Some stakeholders have complained that the processing fee and other charges required to obtain the Governor's consent on land transactions in Lagos State are too expensive. What is your view?

At six per cent of assumed consideration, I think the consent fee is fair enough. Remember that the assumed consideration which government uses is usually well below the market value of the land. Land is of course a very scarce resource. Most obligations of government relate to land use; I mean the need for road, water, schools, hospitals, etc. If we consider that these are the revenues that enable government to provide for all of us, we can't conclude that it is too high a price to pay for those that acquire land. Even land agents take between five and 10 per cent of the real value in these transactions.

How is the state government tackling the menace of land speculators and land grabbers otherwise called "Omo onile" in the state?

The Criminal Law has several provisions which can be used to deal with Omo oniles. Most of the things they do amount to fraud, assault, and sometimes forgery and murder. However, in a society like ours, specific legislation has its value, both for drawing attention to the crime and for making much focused provisions as to offences and penalties. I'm happy to report that a Bill is already before the State House of Assembly on this issue and very soon, it will become law.

The most important thing, however, is law enforcement. If the Police want to stamp out this omo onile problem, they can do so today, without the need for any new law. I am also mindful of the fact that the new law will not enforce itself. The usual conclusion that any problem relating to land is a civil matter has been the convenient cover of the Police in many cases. It is simply not true. As I said earlier, fraud, assault, murder, etc are criminal acts and should be dealt with decisively.

Kidnapping seems to be on the rise in Lagos. What is the state government doing to respond to this?

First, we are assisting the security agencies to develop capacity to deal with this problem. We are also arresting kidnappers and we are prosecuting them. Importantly, we are educating our people to be vigilant. Most of the cases seen thus far are instigated by persons known to the victim, persons who have had ample time to study the situation and assess the likelihood of getting a ransom, etc. We also found that early reporting improves the chances of detection significantly.

What is the state doing to enforce the Child's Rights Law in the state?

A lot. All our relevant agencies, including the family courts in the state judiciary, Directorate of Citizens Rights and Office of the Public Defender in the Ministry of Justice, Ministry of Women Affairs and Poverty Alleviation, Office of Youth and Social Development etc are all working together to protect children's rights in Lagos State. In terms of structures, facilities and efficiency, we are well ahead of others.

National Mirror