A legal showdown is unfolding in Imo State as the Registered Trustees of the Lawyers of Likeminds has dragged the Attorney-General of Imo State and the Imo State House of Assembly before the High Court of Imo State, Iho Judicial Division. The lawyers’ group is challenging the constitutionality of sections 258 and 259 of the Administration of Criminal Justice Law (ACJL) of Imo State, 2020, arguing that they infringe on judicial independence.
In its Originating Summons (Suit No: HIH/25/2025), filed yesterday Thursday 20 February 2025, the Plaintiff argues that the provisions in question set a time limit for concluding criminal cases and impose sanctions for non-compliance, effectively usurping judicial powers. It is the case of the Plaintiff that such directive setting time limit for the court to conclude criminal proceedings can only come from the Chief Judge by way of a Practice Direction.
It claims these provisions violate Section 6 of the 1999 Constitution (as amended), which guarantees judicial independence and prevents the legislature from interfering in court proceedings.
The Plaintiff has raised three fundamental questions, which it urges the Honourable court to determine, to wit:
a. Whether the provisions of Sections 258 & 259 of the Administration of Criminal Justice Law of Imo State, 2020, are not inconsistent with the provisions of Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)?
b. Whether the provisions of Sections 258 & 259 of the Administration of Criminal Justice Law of Imo State, 2020 do not purport to fetter and/or control the Judiciary in the discharge of its constitutionally-enshrined duty of adjudication as provided for under Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)?
c. If the answers to questions (a) and (b) above are in the affirmative, whether the provisions of Sections 258 & 259 of the Administration of Criminal Justice Law of Imo State, 2020 should not be struck down by this Honourable Court for being unconstitutional, illegal, null, void and ultra vires the powers of the 2nd Defendant?
The Plaintiff is seeking the following reliefs from the Honourable court:
1. A DECLARATION that by virtue of Section 1(1) & (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is supreme and binding on all authorities and persons throughout the Federal Republic of Nigeria, including the Defendants.
2. A DECLARATION that by virtue of Section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), any law or enactment including, but not limited to, Sections 258 & 259 of the Administration of Criminal Justice Law of Imo State, 2020; which is inconsistent with the provisions, particularly Section 6, of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is void to the extent of the inconsistency.
3. A DECLARATION that the provisions of Sections 258 & 259 of the Administration of Criminal Justice Law of Imo State, 2020, enacted by the 2nd Defendant, which prescribe a time-limit for the conclusion of criminal cases, are unconstitutional, illegal, null, void and ultra vires the powers of the 2nd Defendant, in that they purport to control or fetter the Judiciary in the discharge of its constitutionally-enshrined duty of adjudication as provided for under Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
4. AN ORDER VOIDING AND/OR NULLIFYING the provisions of Sections 258 & 259 of the Administration of Criminal Justice Law of Imo State, 2020, which prescribe a time-limit for the conclusion of criminal cases, for being unconstitutional, illegal, null, void and ultra vires the powers of the 2nd Defendant, in that they purport to control and/or fetter the Judiciary in the discharge of its constitutionally-enshrined duty of adjudication as provided for under Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The lawsuit raises critical constitutional questions, including whether the Imo State Assembly overstepped its legislative powers by attempting to regulate court procedures beyond its authority.
In an affidavit deposed by Chinedu Agu, Esq., Secretary of the Lawyers of Likeminds, the group states that the Imo State House of Assembly lacks the authority to interfere in judicial proceedings. “That as a lawyer, I know that the 2nd defendant is constitutionally empowered to make laws, while the judiciary is to interpret and adjudicate on disputes between persons and governments, or persons inter se. That I also know that being separate bodies, none is superior to, and can dictate for the other in the discharge of that other’s constitutional duty. That I also know that these sections prescribe a time limit for the hearing and determination of criminal cases pending in courts, including this Honourable court. That these provisions infringe on the doctrine of separation of powers between the 2nd defendant and the judiciary.” Agu stated.
The Plaintiff maintains that while judicial efficiency is necessary, setting mandatory deadlines without considering the complexities of criminal trials undermines justice and risks violating the rights of Defendants in criminal proceedings.
Legal analysts believe this case could set a significant precedent on the extent of legislative powers over the judiciary. If the court rules in favor of the Plaintiff, it may threaten similar provisions in the ACJL of other states, reinforcing the judiciary’s independence across Nigeria.
As the case unfolds, all eyes will be on the High Court of Imo State to determine the legality of legislative interference in judicial processes.
The lawsuit could spark a broader legal debate on the balance between speedy trials and judicial discretion. If upheld, the challenge may necessitate the amendment of the Imo ACJL to align with constitutional provisions.
For now, the battle lines are drawn as the legal fraternity awaits a landmark judgement that could reshape criminal justice administration in Imo State and beyond.
The matter has been slated for 3 April 2025.
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