Why Nigeria needs a prosecutorial policy urgently
Experts in Criminal prosecution have said that Nigeria must write a prosecutorial policy if it desires an effective administration of justice system in the year ahead.
Speaking at a one-day lecture organised by the Conference of Western Attorneys General (CWAG) in partnership with Punuka Attorneys & Solicitors and the Lagos Business School, a former Director of Public Prosecution (DPP) in Lagos State, Fola Arthur-Worrey said that it was expedient that Nigeria considers making one if any real change is to occur in the justice sector.
He said, “Currently, our prosecutorial and institutional process thrives on discretion and not policy or any other form of predictability. As we know, predictability is one of the key elements in the management and administration of justice in any given society.
“Nigeria is one place where the duration of a matter in court can never be predicted. Nothing in the court process gives anyone an insight as to the duration of cases. In other words, the life of a court case could range from six months to 10 years, regardless of the urgency of such a matter. This is not an efficient way to administer justice.
According to the former DPP, several administrative hurdles are also responsible for inefficiency of prosecutorial process in Nigeria. These include, poor institutional process, poor remuneration for prosecutors, lack of resource for efficient investigation, poor performance evaluation, amidst other factors.
The Director of Public Prosecution, Kaduna State, Bayero Davi, stated, “We still operate archaic laws in my jurisdiction, the old system of laws still applies for all prosecutions. The same goes for the filing of charges; investigations, and for the presentation of evidences and witnesses as well. With these archaic systems and mechanisms, cases are bound to go stale in court due to congestion in.”
Speaking from the perspective of a judge, Hon. Justice Raliat Bukola Adebiyi of the Lagos High Court, who was also a participant at the lecture themed, ‘Effective Prosecution and Defence: Ethics and Essentials for Success’ stated that the challenges from the outlook of the bench was more evidential than anything else.
“Prosecutors most often than not, fail to produce vital evidence or key witnesses; even where the court (judge) has given them several chances and opportunities to do so. The court cannot continue to hold an accused person indefinitely where the prosecution fails to prove its case,” she said.
She noted that in a bid to allow the prosecution establish its case, the case could drag on for longer than necessary – hence the delays in the prosecutorial process and administering justice.
Arthur-Worrey advocated better communication between the courts and the public in such instances, at which justice Adebiyi argued that judges were not allowed to interact with the public as it relates to ongoing trials in their courts.
Further discourse on the matter however, established a relationship between the prosecution and media, particularly as it relates to managing information. The risks and dangers of publishing conflicting materials on related matters were highlighted and it was agreed that public officers should ensure the consistent and coordinated release of information, as uncoordinated information may prejudice actions taken by others, including the Attorney General.
The contributions of two key speakers, Sean Reyes, the attorney general of the state of Utah, USA and Parker Douglas, Chief Federal Deputy & General Counsel of the state of Utah where quite significant to the discourse
The international facilitators informed participants that one of the most significant aspects of the American legal system was the wide discretion that American prosecutors have in criminal matters.
“A federal prosecutor may decline to prosecute an offence because he or she finds it not significant enough to merit prosecution in a federal court,” Reyes announced.
A typical example given by him is where the quantity of drugs involved or the loss to a victim may be relatively small. Similarly, the federal prosecutor may decline prosecution of a minor offence if he or she considers that there is an acceptable alternative to prosecution, such as an agreement by the defendant to compensate the victim of the offence.
The lecture which was largely interactive included other topics, such as, ‘The Role of the Attorney General in Public Prosecutions and the Criminal Justice System; effective and ethical practice as Director of Public Prosecution (DPP); The Evolution of Corruption: From “Honest Graft” to Conflicts of Interest; ‘Ethical Criminal Justice Practice: How Possible, How Far True.’
Other facilitators at this lecture include, Fola Arthur-Worrey, Former Director of Public Prosecution (DPP), Marcus Green, Chief Anthony Idigbe, SAN, Managing Partner, Punuka Solicitors & Attorneys; Hon. Joe Abang; and Professor Olawale Ajai, Director of Research, Lagos Business School.
Alongside other local and international prosecutors, judges, defence attorneys, other legal practitioners and a handful of media experts.
CWAG is a bilateral group of the prosecutors and chief legal officers of 15 western states of the US & three pacific territories. It provides a forum for legal officers to cultivate knowledge, cooperate on concerns and coordinate actions, which improve the quality of legal services.
The lecture, which held at the Lagos Business School, was part of CWAG’s international exchange.
Calling for justice sector reforms and the formulation of policies that would enhance criminal Justice administration in Nigeria, among other things, participants held on to the view that a national fiscal conference was more important to Nigeria at this time than a national sovereign conference.
THEODORA KIO-LAWSON