Stop Granting EFCC Remand Orders, CJ Tells Magistrates
Category: Nigeria National News
As complaints mount against the Economic
and Financial Crimes Commission (EFCC) over human rights violations,
the Chief Judge of the Federal Capital Territory (FCT), Justice Ishaq
Bello, has ordered magistrates in the FCT to stop granting remand orders
to the anti-graft agency with immediate effect.
Justice Bello gave the directive wednesday during a visit to the Keffi Medium Prison in Keffi, Nasarawa State.
The EFCC has been securing warrants from magistrates in Abuja to detain
people without arraignment beyond the maximum 48 hours allowed by the
constitution.
By so doing, the commission relied on FCT magistrates for remand
warrants to detain suspects being investigated for corruption and other
economic crimes, especially those linked to the misappropriation of
funds from the Office of the National Security Adviser (ONSA) under the
past administration.
The commission last week said it had obtained a detention warrant from a
Magistrates’ Court in the FCT to enable it keep the National Publicity
Secretary of the Peoples Democratic Party (PDP), Mr. Olisa Metuh, in its
custody pending the conclusion of its investigation.
The chief judge, who also expressed concern over the high number of
inmates awaiting trial in the prison, also barred Magistrates’ Courts
from entertaining cases like armed robbery and murder over which they
ordinarily lack the jurisdiction to try.
“Let me also use this opportunity to say this: I understand that EFCC
has been bringing some cases to you and you have been granting them
remand orders. You must no longer do this from today.
“You must not arraign people for offences such as armed robbery, murder
and other capital offences before Magistrates’ Courts which you don’t
have the competence to handle.
“On no account should you take cognisance of cases outside your jurisdiction and which you do not have power to try.
“You must henceforth decline jurisdiction on such cases. You must not do this as from today,” Justice Bello said.
He directed the magistrates, prison authorities and the FCT High Court
Deputy Chief Registrar, Mr. Sunday Ochimana, to compile all such cases
currently before Magistrates’ Court in the FCT for him to re-assign to
the High Court, which has the jurisdiction to try them.
The judge’s position was made known when reviewing cases of some
inmates awaiting trial in the prison. He discovered that some of them
were charged before Magistrates’ Courts for capital offences.
One of such cases was that of Queen Usa, charged with conspiracy and armed robbery.
Justice Bello directed that the case be transferred from the
Magistrates’ Court it is currently in to Court 18 of the High Court of
FCT.
Despite his position on the remand of suspects, Section 293 of the
Administration of Criminal Justice (ACJ) Act allows magistrates to
remand suspects on a holding charge for a maximum of two weeks in
situations where the prosecution needs time to tidy up its case.
The chief judge, who along with his entourage, reviewed about 322
criminal cases involving suspects sent to the prison by FCT courts, and
freed five awaiting trial inmates on the grounds that they were being
held unjustly.
Among the 322 inmates, 301 were from the medium facility (all male),
while 21 were from the old prison also in Keffi (for male and female
inmates).
Those in Justice Bello’s entourage to the prison were judges,
magistrates and top officials of the FCT judiciary as well as
prosecutors in the Federal Ministry of Justice led by the Director of
Public Prosecution, Mr. Mohammed Diri, and prosecutors from the Legal
Department of the Nigeria Police Force.
One of those freed was 20-year-old Precious Ugwu who was arrested by
the FCT Environmental Task Force around 10 pm on December 14, 2015 at
the Durumi area of Abuja on allegations that she constituted a “public
nuisance” by being outside her house around that time.
The chief judge held that the offence for which she was charged was
unknown to law and that there was no reason to keep her in prison.
“You are not supposed to be here. Those at the Environmental Task Force should be able to fashion out a most civilised way of going about their duties. You are free to go,” the chief judge told an elated Precious who on hearing the judge’s pronouncement jumped up from where she was sitting and thanked the judge.
“I sell cooked Indomie (noodles) close to a bar at Durumi. I was in my
place of business around 10 pm on December 14 when the task force men
came. They said our area was notorious for criminal activities and
queried why I did not close before that time.
“My plea for leniency fell on their deaf ears. They brought me to this
place and asked me to look for money to get a lawyer. I told them that I
have no money to get a lawyer. I have been praying to God since then.
Look at how God answered my prayer. I thank God for his mercy," Precious
said.
Other lucky inmates included Henry Uzokwe, Emeka Okafor, Ifeanyi Nwaneri and Ifeanyi Ngige.
Earlier, the Deputy Controller of Prisons at the Keffi Medium Prison,
Mr. James Lander, said the prison, with a capacity for 160, currently
houses 540 inmates, 415 of whom are awaiting trial inmates.
He said of the 415 awaiting trial, 301 were sent to the prison on
remand by FCT courts due to congestion at Kuje Prison in Abuja.
Lander, who highlighted the prison’s many challenges, disclosed that
the facility currently has a functional mini Black Maria (prison van),
with which it conveys prisoners to 80 courts spread across five local
government areas in Nasarawa State and the FCT on a daily basis.
He appealed to the FCT Minister, Mr. Mohammed Bello, and the FCT
judiciary to assist his prison in addressing some of the challenges,
particularly in the area of transportation to ease the conveyance of
inmates to courts.
Meanwhile, the EFCC has finalised plans to arraign the National Publicity Secretary of the PDP today after keeping him for more than one week in its custody.
THISDAY gathered wednesday that Metuh, who was picked up at his Abuja
residence on January 5, will be arraigned before Justice Okon Abang of
the Federal High Court (FHC), Abuja.
The PDP spokesman was arrested by the EFCC for allegedly collecting
N400 million from the former National Security Adviser (NSA), Col. Sambo
Dasuki (rtd), a charge he has denied.
Metuh, before his arrest, had confirmed that he collected an
undisclosed sum of money from former President Goodluck Jonathan in
order to carry out some assignments as the spokesperson for the then
ruling PDP.
Since his arrest, his detention has been challenged by the PDP, which
has demanded that he be released or charged to court without delay.
Similarly, the PDP caucus in the House of Representatives on Tuesday
issued an ultimatum to the commission to release Metuh from its custody.
Its ultimatum followed a lawsuit instituted by a Lagos lawyer and human
rights activist, Mr. Ebun-Olu Adegboruwa, at the Federal High Court in
Lagos asking the court to order the immediate release of Metuh from EFCC
custody.
This Day
Related Posts via Categories:
- Senate Sets up Search Committee on Missing Budget
- EFCC slams 40-counts charge against Tompolo, Akpobolokemi, others
- Ex-Chief Of Defence Staff, Alex Badeh's House In Abuja Seized By The EFCC (Pictured)
- Buhari Arrives FEC Meeting Earlier Than Scheduled, Meets Half-Empty Council Chambers
- Pictures and Names of People who collected Money From Sambo Dasuki and Amount Received
- Police Plan Psychiatric Test For Recruits, Serving Officers
- Ashimolowo To Buhari: Looters Deserve Only 20% Of Your Time
- Nigerian Army Secretly Reinstates Commander Of Battalion Mutinied In 2014
- Press Release: APC Saddened As Gov. Wike Drops Charges Against 3 Notorious Armed Robbers Alleged To Have Killed Police And Army Personnel
- PDP denies asking Jonathan to speak up on Dasuki scandal
Send stories for publishing to admin@ackcity.net
Be Our Fan On Facebook
Follow Us @ACKCITY On Twitter
Want updates via;
BB: 568235DD
Channel Pin: C00352CD2
WhatsApp: (234) 08105649346
Advertise your products & services;
Call: (234) 08105649346, 08121807240
E-mail: info@ackcity.net
No comments