By Nwabueze Obadiah (m.SPSP)
There exists a pressing and urgent need for comprehensive judicial reform in Nigeria, particularly to address numerous issues surrounding the prosecution of criminal cases.
This reform has become not just important, but absolutely essential, as state actors have continually exploited judicial ambiguities to intentionally delay and stall cases, effectively undermining the very foundation of justice.
It is a troubling reality that only in Nigeria can a person be accused of a crime, swiftly detained without a thorough investigation, and subjected to an ever expanding array of trumped up charges all while in custody. This practice raises serious questions about the integrity and fairness of the judicial process, revealing a landscape that many would find utterly absurd and unjust.
Take, for instance, the case of Elrufai who remains in the custody of the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) on allegations of hacking into the National Security Adviser’s phone. Meanwhile, the Department of State Services (DSS) is also embroiled in court proceedings for the same alleged offense, a situation that portrays an undeniable sense of vendetta against him. This glaring contradiction raises a significant concern. should the court grant him bail concerning the current ICPC case, it is likely that the DSS would immediately apprehend him once again on identical or very similar charges. Moreover, one could speculate that the Economic and Financial Crimes Commission (EFCC) might be lurking in the shadows, poised to intervene, while the police standby ready to take action, highlighting a coordinated effort to manipulate the criminal justice system. Such blatant manipulation underscores the urgent necessity for a significant reform to restore integrity and fairness to the system.
Furthermore, any prosecution initiated by agencies such as the EFCC, ICPC, Police, Customs, and DSS must follow the established protocols inherent within the criminal justice system. This process should begin with a proper investigation of allegations, followed by a formal arrest, interrogation, and then either detention or release, leading to prosecution that should only occur through the office of the Attorney General at either the state or federal level. It is imperative that only the Attorney General is empowered to draft charges and manage the prosecution of cases.
As a nation that identifies itself as a democracy, Nigeria must ensure that its citizens are adequately informed about the laws and regulations that govern their behavior, while simultaneously curtailing the propensity for victimization of individuals based on political or personal vendettas. Every citizen has an inalienable right to justice, and it is a fundamental principle that only the law possesses the authority to deliver that justice. This stands in stark contrast to our current Nigerian pseudo legal system, where government agencies frequently initiate prosecution through sensationalized news reports and social media platforms, rather than through appropriate legal channels. Additionally, there is an undeniable need for a judiciary that operates independently, free from executive interference. The rule of law is the last bastion of hope for humanity that we possess; it is a right that must never be relinquished, for without it, we risk diminishing the very essence of our humanity.
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