The recent arraignment of minors at the Federal High Court in Abuja over the EndBadGovernanceProtests has again called to question the Recklessness of some Nigerian Prosecutors ,whether Police Prosecutors or Directors of Prosecutions.The Prosecutorial Powers in Nigeria some times is being abused ,to push a political agenda , massage the egos of some “big men ” or to settle private scores.
It is imperative at this juncture for all well meaning Members of the legal community to raise up at this time to call for a change in way and manner prosecutions are instituted and conducted in Nigeria.
All over Nigeria, innocent people are in prisons or are being prosecuted over matters they know nothing about .The Police Prosecutors and Directors of Public Prosecutions can do what ever they want , with out any checks and balances .This leaves Prosecutorial Powers open to abuse and corruption.
The only way out of this is for the ACJLs and ACJA to be amended to include the seeking and granting of leave by Courts to File charges in Court ,with a Judge analysing the Proof of Evidence to appraise the case files .This will filter the process of Prosecution and make the Prosecution to be wary of untoward activities,knowing that their actions will when he or she wants to a File Charge come under considerable scrutiny. This was the case in the 1980s and 1990s in Nigeria and it assisted the Process .See an example in Ikomi v State .
It is also important for there to be deterrence for abuse or misuse of Prosecutorial Powers .So when at any time it is established that a Prosecutor has abused his powers ,they should be immediate dire consequences.Punishment for erring Prosecutors should be expanded in our laws .This will remind others that same fate will befall them, if they derailed .
In the same vein , all Legal Advice of the Offices of Directors of Public Prosecutions should be vetted by a higher authority.This will stop the current scenario of DPP Advice being available, some times for the person that has “long leg ” .This will also stop the current posture of some DPPs who.have now acquired the status of the crown , to wit : *Res Non Protest Pecalle*-the King Can Do No Wrong .Some DPPs actually feel they are super human , above the law or that they have immunity.According to the ACJA and some ACJLs you can actually sue DPPs and any Police IPOs for damages, if they have abused their powers or perverted justice with your facts being right and your evidence.
Now days, when you are doing a criminal matter , before you say much ,some one from your client’s family or friends will say Na to pursue DPP Advice. It is so horrendous and palpable the way they are sure of the outcome that you wonder what is actually going on in the Offices of Directors of Public Prosecutions all across Nigeria.
About the Author:
Douglas Ogbankwa Esq., a Lawyer ,Writer and Policy Analyst is the Convener of Security Situation Room (SSR).
