The Nigerian Bar Association, NBA, yesterday, condemned the position of the State Security Service, SSS, on the prosecution of over 100 suspected commanders of the dreaded Boko Haram sect purportedly
arrested in six states of the federation, insisting that only the Attorney General of the Federation could determine whether they should be tried or not. The legal body, which made this declaration on a day it enunciated reasons behind its decision to convene a national conference on criminal justice reform, maintained that the SSS overreached its powers by informing Nigerians that the apprehended Boko Haram members will not be prosecuted, stressing that such pronouncement ought to have emanated from the AGF.
It would be recalled that spokesperson of the SSS, Mrs. Marilyn Ogar, on Monday, disclosed that none of the arrested suspects would be charged to court, explaining that the decision was in line with the proposed “carrot and stick” strategy of President Goodluck Jonathan’s administration.
The SSS equally told newsmen that the suspected members of the terrorist group were fished out of their hideouts in Borno, Bauchi, Kaduna, Kano, Yobe and Adamawa states respectively.
The Boko Haram sect, which claimed responsibility for various bombing across the country, are demanding among other things, a holistic implementation of the Islamic Shari’ah laws in at least twelve states of the federation.
Reacting to the position of the SSS on the issue, the NBA through its National President, Chief Joseph Bodurin Daudu, SAN, contended that “such statement by the SSS that the 100 arrested members of the Boko Haram sect will not be prosecuted ought to have come from the Attorney General of the Federation.
“The SSS, as an agency, ought to be seen, not heard. It is not its duty to determine who or how a suspect should be prosecuted. Therefore, the position of the NBA on the issue is that the SSS attempted to usurp the powers of the AGF by making such public declaration.”
Blaming the recurrent cases of terrorism and armed insurgency by different groups on what he described as “weak criminal justice administration”, the NBA president decried the fact that the current Criminal Code in Nigeria had existed for over 100 years, noting that it had turned obsolete and deserved to be overhauled.
He also tasked the federal government to establish at least 3 prisons in each state of the federation, adding that most of the existing prisons were no longer habitable for human beings.
“There are insufficient prisons in Nigeria at the moment. It is glaring that most of the existing prisons are no longer habitable for any purpose; this is why we believe that there is need for at least 3 new prisons in every state.
“It is not correct to subject correctional institutions like prison in only the exclusive list. Each tier of government ought to operate at its own level in-line with international best practices.
“Our criminal justice system needs total over-haulage starting from the point of apprehension of criminals to their prosecution and reformation processes.
“How forensically sound is our agencies that investigate crime, do we really understand the concept of investigation, how speedily are suspects tried, what are the sentencing formula?
“Without mincing words, we have a problem in these areas, a situation that informed our rationale to invite President Jonathan to personally attend the forthcoming conference on criminal justice reforms which is themed, ‘transforming the criminal justice system in Nigeria-A reform agenda’.
“Having a proper criminal justice administration and justice system will guarantee that these strange insurgencies will disappear.
“You do not solve cases of terrorism through negotiation, sweeping it under carpet or selective implementation, but by ensuring that the rule of law prevails and this imply that those who are supposed to do their work should do so,” he added.
Meanwhile, the NBA yesterday said it would take a closer look at the professional conducts of the Chief Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu and President of the Court of Appeal, Justice Isa Ayo Salami, during its forthcoming National Executive Committee, NEC, meeting billed to hold in Katsina State next month.
NBA maintained that it specifically scheduled the NEC meeting with a view to appraising the report of the Justice Umar Abdullahi-led probe panel of the National Judicial Council, NJC, which will be officially presented to the public next week.
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