Security agents killing Nigeria softly with ex-parte orders, expert warns

A legal practitioner, Douglas Ogbankwa has warned that the introduction of Exparte Order in Nigeria’s Criminal Justice System which confirms legal right on security agents to arbitrary remand suspects in custody is a dangerous trend in the judiciary.

According to the legal mind, the most grievous thing that can happen to a human, aside from being in a hospital or cemetery, is to be imprisoned, more so, when that person is not given a fair hearing by the court.

“It defies legal logic and common sense to remand a person to prison without giving him an opportunity to say why he should not be there. This is simply Holden Charge being given another name.

Ogbankwa, who is the Publicity secretary of the Nigerian Bar Association, Benin Branch,  said the question begging for answer is why the prosecutorial authorities would not file a formal charge instead of putting people in prison sometimes for no just cause.

“I have seen some cases where this exparte order for remand was actually a hatchet job by some security agents to keep people in prison for no crime committed.

 “The offending section of the ACJLs of some States is contrary to Section 36 of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended), which provides for fair hearing.

“One of the components of the principle of natural justice -Audi Alteram Partem (You must hear the other side), originated from the Garden of Eden, where even the all knowing God still gave Adam an opportunity to explain himself, after his malfeasance. The Courts have also frowned at this profound injustice.

“The Supreme Court in the case of FEDERAL REPUBLIC OF NIGERIA v. ALH. ABUBAKAR MAISHANU AND 2 ORS. LER (2018 ) SC./51/ 2015, reiterated the indispensability of the principle of fair hearing in criminal proceedings when it stated per Justice I.T. Mohammad J.S.C. (As he then was ), thus:

“The cardinal principle of fair hearing whether in relation to a civil or criminal matter is so sacrosanct. The Latin maxim puts it this way: “Audi Alteram Partem” i.e. let the other party be heard. It simply means: hear the other side(s) in a dispute before reaching a decision. It is a constitutional requirement (Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

He explained that Courts have made several pronouncements that the principle of fair hearing has been incorporated in our jurisprudence that a man cannot be condemned without being heard.

“The principle is applicable in all cases in which a decision is to be taken in any matter, whether in a judicial, quasi-judicial or even in purely administrative proceedings involving a person’s interest in a property, right or personal liberty. Let the other party be heard! See: Adigun v. AG Oyo State (1997) ? NWLR (Pt.678) page; Oyeyemi v. Commissioner of Local Government, Kwara State & Ors (1993) 6 NWLR (Pt.299) 344”. PER I.T.MUHAMMAD, J.S.C

“Justice I.T.Mohammed adumbrated on the issue further in the above indicated case, thus:

“The primary objective of any court of law is the attainment of justice irrespective of the disposition or approach of a party to the prosecution or in defence of the matter placed before the court. It is the duty of the court to state the correct position of the law on the subject matter placed before it without unnecessarily entering into the arena by making submissions on behalf of any of the parties”.

“We humbly call for the Chief Judges of affected States where this injustice is currently being perpetrated to issue a Practice Direction, giving suspects or their Lawyers in Court an opportunity to be heard.

“Justice is not a one way traffic. It is a three way traffic; Justice for the victim, Justice for the defendant and Justice for the State,” he added.