Imo Government calls for the acceptance of the 2020 criminal justice law

 

IMO GOVERNMENT CALLS FOR THE ACCEPTANCE

 OF THE 2020 CRIMINAL JUSTICE LAW

 

 

By Nightengale Ben-Onyeukwu

The Imo State Government has called for the acceptance of the 2020 Criminal Justice Law. In a statement , the Deputy Speaker, Imo State House of Assembly, hon. Amarachi Chyna Iwuanyanwu, stated that, prior to 2015, the justice system in Nigeria has been regulated by the following: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC).

 

However, for an enhanced and efficient justice system in Nigeria, which would be in conformity with international best practices, there became an urgent need for an amendment of the CPA and CPC with the introduction of innovations and provisions geared towards curing most of the anomalies and lacuna in the existing criminal laws.

Against this backdrop, the Administration of Criminal Justice Act (ACJA) was enacted by the National Assembly in 2015.

The uniform adoption of the ACJA in all 36 states of the Federation was enhanced by the provision of the 1999 constitution of Nigeria, which vests the States House of Assembly with the power to make laws for the peace, order and good government of the state, among other legislative powers.

In view of the foregoing, there became the need to promote and advocate for the adoption, domestication and implementation of the Administration of Criminal Justice Act 2015 across the States of the Federation, of which the Nigerian Bar Association championed.

Subsequently, the Member Representing the Oguta State Constituency in the Imo State House of Assembly, Hon. Frank Ugboma introduced the bill on Administration of Criminal Justice Law of Imo State in 2019.

By March 2020, the bill was passed into law and subsequently assented to by the Executive Governor, His Excellency the Distinguished Senator Hope Uzodimma. This brought to total, 30 States that have adopted and domesticated the ACJA 2015.

The Administration of Criminal Justice Act seeks to introduce quick dispensation of justice and a better administration of justice system in Nigeria; one of which is the change of call sign from "the accused" to "the defendant" the expunging of torture by the police in effort to extract confession statement.

From the foregoing, it is clear that what His Excellency did was to assent to a bill passed by the State House of Assembly, which is constitutional. The import jear is that the introduction of the bill on Administration of Criminal Justice Law of Imo State, and it is subsequent passage and assents are clearly of national importance and for the good of the citizenry.

Contrary to the skewed views of those who are trying to cause mischief, this provision is not inconsistent with the 1999 constitution nor is it a tool for intimidation, suppression and violation of the fundamental right of citizens rather it is a provision specifically designed to protect offenders below the age of criminal responsibility and persons of unsound mind.

“Detaining someone at the governor’s pleasure” is not new to the Nigerian law; it has always been in the criminal procedure law and the penal code. Check section 303 and 319 of the criminal procedure law.

Besides chapter 44 of the criminal procedure law gave the court the powers to order detention at the governor’s pleasure. An example is the OTOKOTO trial saga where one of the young men sentenced to death was not killed even though the judge made a death sentence pronouncement on him but was instead detained at the governor’s pleasure.

From the explanation above, there is nothing tyrannical or draconic about section 484 and 485 of the administration of criminal justice act of Imo state instead the house of assembly should be commended for thinking about citizens who cannot take criminal responsibilities such as the mentally unstable persons and under-aged children.

As for the response of Barr. Frank Uboma who sponsored this bill wherein he erroneously held governor Hope Uzodimma responsible for the said section, it is clear that the law maker is not knowledgeable about his duty as a legislator or law degree is questionable, because as a lawyer who has practice law in Nigeria, he should have known that section 484 is simply a reproduction of section 401 of the criminal procedure law which has been in existence since 1960 and the said sections only gives directions in respect of section 230, 235,328 and 368 of the criminal procedural act. This provisions apply when a person is acquitted on the ground of insanity (section 230) or cannot understand the proceedings thou not insane (section 328) or an offender has not attend the age of 17 or 18years (as the case maybe) as at the time he or she is found guilty of a capital offence.

If Uboma feigns ignorance of these provisions of the law, it is obvious that he is playing to the gallery of the other political divide he belongs to, because if a bill is sponsored, it is debated in the house, there is room for public input which in this case happened under the leadership of the immediate past Chief judge of Imo state under Rt. Hon. Emeka Ihedioha. With technical support from the legal defense and assistance projects (LEDAP), these erudite lawyers, professors and human right advocates could not have supported this law if indeed it was draconian and oppressive.

Let it be clearly stated that the Governor assented to the bill in March 2020 and as such, the resurrection of " ignorance to the law" by one UniniChioma as published via an online tabloid - https://thenigerialawyer.com - in September 2020, six months after, remains an orchestrated plan towards distracting the Governor from his ever rising profile.

For emphasis the law in question was not an executive bill. What is more it has been in existence for six months now and there is absolutely no evidence of executive abuse. Those making a mountain out of a molehill should advise themselves accordingly.