Friday, January 17, 2025

Nigerian judges violate ACJA provisions, allowing police’s gestapo-style arrests: FIACIJ

He, consequently, urged the judiciary to give true meaning to the provisions of the ACJA and ensure that bail is not denied in deserving cases.

• December 6, 2024
Nigerian Police brutality and Judges
Nigerian Police brutality and Judges

The Fight Against Corruption in the Judiciary has slammed Nigerian judges for sidestepping the provisions of the law regarding bail and thus encouraging police’s gestapo-style arrests of civilians.

FIACIJ convener  Bayo Akinlade noted that when a court denies an accused person bail for a bailable offence, such judge or magistrate has contributed to overcrowding the correctional centres.

According to him, the Administration of Criminal Justice Act (ACJA) spells out the conditions for arrest and detention, adding that, sadly, the courts have often ignored the same.

He, consequently, urged the judiciary to give true meaning to the provisions of the ACJA and ensure that bail is not denied in deserving cases.

“The provisions for arrest and detention are clear in the Administration of Criminal Justice Act and Law. However, the courts often choose to ignore these provisions, and by doing so, continue to allow the gestapo method of arrest by the police,” Mr Akinlade said.

Mr Akinlade noted that the 1999 Constitution, which is the grundnorm, provides that an accused is innocent until the same has been established by the court, thus necessitating the requirement for bail.

“We have laws that ensure that at the preliminary stage of arrest, suspects are entitled to be treated as innocent until proven guilty. This assumption continues even during and after arraignment, hence the provision for bail,” he said.

He noted that the lower courts often miss the point of bail and, consequently, have ‘weaponised’ their discretion without due regard to the damage caused by their decision.

Mr Akinlade added that where suspects are indiscriminately thrown into custody, it creates an imbalanced criminal justice system, thereby often causing mental health issues for the affected individuals.

“The essence of bail is simply to ensure that the suspect attends to his case in court, and there are certain conditions that are laid down before the granting of bail,” he said.

Mr Akinlade, consequently, urged the judiciary to ensure that bail is strictly used to ensure a defendant’s attendance in court rather than as a ‘weapon’ or punishment.

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Abubakar Kyari

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Moji Meranda

Lagos

Lagos speaker Meranda vows to promote transparency, accountability

Ms Meranda assured her colleagues that her leadership would work with them to make the state better.

Sunny Ajose

Lagos

Lagos speaker mourns GAC member Ajose

Mr Ajose died on Thursday morning at the age of 83.

NSCDC OPERATIVES

Lagos

FAAN charges NSCDC officers to be committed to duty

The FAAN managing director gave the charge when the commander of the airport unit, NSCDC, Lagos State Command, Assistant Commandant of Corps, Omideyi Ibrahim, paid her a courtesy visit.

Photo of a teacher teaching students used to illustrate this story

Education

Edo community urges govt to address teacher shortage, poor infrastructure in schools

Besides the issue of teachers, he said the schools were also plagued by inadequate infrastructure.

Nigerians Abroad

Diaspora

Nigerians in U.S. accuse FG of running inefficient passport system, risking security breach

OAN asked Mr Tunji-Ojo to “act swiftly and rectify this situation” while providing periodic updates to Nigerians in the U.S. on actions taken.

TikTok

World

TikTok to be banned in U.S. Sunday as Supreme Court rejects appeal

The Supreme Court verdict dismissed opinions that the law banning TikTok violates freedom of speech.