Police Prosecuting officers attached to Magistrates and Shariah Courts in Niger State,have been dis-engaged from prosecuting criminal cases on the order of the Chief Judge of Niger State,Justice Halima Ibrahim Abdulmalik.
Their disengagement was contained in a circular issued and signed by the Chief Registrar of the Niger State High Courts Hajiya Amina Laminde Musa-Saidu stating that the transition period for criminal prosecution has concluded.
The circular with caption,” Re: Commencement Of Exclusive By Legal Practitioners with reference number S/HC/ NGM/ SUB/112/VoL.1 was addressed to all litigants,Defendants and the general public.
The circular,read in part: “Please be formally notified that pursuant to the administration of criminal justice Act 2023, (ACJA) Police Act 2020 and the Administrative Directive of the Honourable Chief Judge,the transition period for Criminal prosecution has concluded.
“ Effective Immediately, only Qualified police officers who are legal practitioners (Lawyers) are now authorized to conduct Criminal prosecutions in all Magistrate and Shariah Courts across the state.
“ Non- lawyer police officers and laypersons no longer have the right of audience to prosecute cases before these courts.
“ All Criminal charges and applications must be signed and moved by a legal practitioner from the Ministry of Justice. Refuse Audience,decline audience to any Police officer or individual who is not a legal practitioner attempting to prosecute a matter,move a motion,or mention a case.
“ Ensure that the Name and enrollment Number of the Legal practitioners appearing for the prosecution are clearly captured in the records of proceedings” the circular stated
It further explained that,where a prosecutor is not a legal practitioner,Magistrates and Shariah court Judges should grant a short adjournment to enable the relevant agency (Police or Ministry of Justice) assign a qualified legal practitioner
This directive,according to the circular, applies to all Criminal matters brought before the Magistrate and Sharia Courts across the state.
It warned that strict compliance with the directive is mandatory to ensure the validity of proceedings and to uphold the integrity of the Administration of Criminal Justice Act (ACJA).
Justice Halima Ibrahim, had sometime in March, last year issued a circular to the legal unit of the State Criminal Investigation Department (SCID) of the Niger State Police Command,directing the disengagement of Police prosecutors that have no law background.
Justice Halima Ibrahim Abdulmalik positioned that only Police with relevant law background will now be allowed to prosecute criminal cases in all the Magistrate and Shariah Courts in Niger State.
This development, according to our findings,will now affect speedy administration of criminal justice in Niger State,as the legal unit of the state Police Command is lacking adequate lawyers to replace the disengaged Police prosecutors that have been prosecuting cases in the lower courts.
Also the office of the Director of Public Prosecutor (DPP),in the Attorney General of Niger State Chamber in the State Ministry of Justice, will now take over the prosecutions of Criminal cases in the lower court which findings revealed that numbers of counsels in the DPP’s office are inadequate.
It was gathered that most of the capital offences of culpable homicide,armed robberies,rape and other capital cases are been prosecuted in the High courts by the office of the DPP in the Ministry of Justice.
Already,the disengagement of the Police Prosecutors from the lower courts across Niger State, has affected the speedy dispensation of criminal justice in the state as the fate of inmates awaiting trials across the correctional facilities is uncertain.
But in a swift reaction to the Circular,the Chairman Nigerian Bar Association, (NBA) Minna branch Isyaku Barau Esq. in an interview noted that the development will hinder the speedy administration of criminal Justice in Niger State.
According to the NBA Chairman,the directive of the Chief Judge disengaging the Police from prosecuting criminal matters at this point in time,will have a negative effect on litigants,defendants and other criminal related cases in the lower courts of jurisdiction.
“ Most of the criminal matters pending in Magistrate and Sharia Courts that are already been handled by Police prosecutors will now suffer,the defendants in such pending matters are at the receiving ends of this directives.
“ Apart from the head of the legal department of the Niger State Police Command that is the only Qualified legal practitioner, in the state police Command no other police officer in the legal department is a qualified legal practitioner in state Police Command.
“ And in the office of the Director of Public Prosecution DPP in the state Ministry of Justice, there is a shortage of lawyers to handle prosecution in the lower courts.
“I'm appealing to the Honourable Chief Judge to look into this matter in the interest of the defendants that are languishing in prison to revisit this issue” the NBA Chairman pleaded.
