Tina Amanda
The Chief Judge of Rivers State, Justice Simeon Amadi, has urged all law enforcement agencies to embrace the innovative provisions of the Administration of Criminal Justice Law (ACJL), in carrying out arrests and investigations.
Justice Amadi stated this during a one-day workshop on Administration of Criminal Justice Law – Practical Approach to Arrest and Related Matters for Law Enforcement Agencies and the Launch of the Police Duty Solicitor Scheme (PDSS) in Rivers State, organised by The Rivers State Administration of Criminal Justice Monitoring Council in Collaboration with Rivers State Police Command, International Committee of the Red Cross, International Federation of Women Lawyers (FIDA) Nigeria, Rivers State Branch, Legal Aid Council of Nigeria ( LACON) and Nigeria Bar Association (Port Harcourt Branch).
According to him, the success and failure of criminal proceedings can be traceable to how well arrest and investigation protocol were followed as lawful arrest and proper investigation are the foundation upon which criminal proceedings rest.
“It is, therefore, pertinent for all law enforcement agencies to embrace the provisions of the ACJL. When improper investigations are carried out, the result will be the Defendant being discharged and acquitted and the society will be worse.
“The Police duty solicitors scheme (PDSS) as amended lay credence to the importance of strict adherence to procedures. In granting the will of the criminal justice system in Rivers State and indeed our country, law enforcement agencies and every stakeholder in the administration of criminal justice must be up to speed with this protocol.
“The society is always looking on to us especially when a notorious criminal is arrested and charged to court and because of improper investigation, he is left off the hook.
“Many a time the society look upon the court as not carrying out its duties, I’m not saying every Defendant must be convicted. I am confident that this workshop will bring to life in practical terms the tenet of the law to create a criminal justice system that is effectively managed, resulting in protection of the society from crime and protection of the right and interests of the suspect, Defendant and the victim”.
Delivering a paper on the topic: “Arrest procedure before and during arrest in compliance with Administration of Criminal Justice Law”, Deputy Country Vice President FIDA, Evelyn Membere, said under the ACJL, it is wrong for a police officer to arrest a suspect without informing him or her reason for the arrest, noting that it is also wrong for the police to search a place without a search warrant.
“ACJL frowns at arrest on civil wrongs such as failing to pay rent and being a debtor for land matters because these are not crimes any person with such issue should go straight to court.
“Section 7 of the ACJL specifically prohibits arrest in lieu, the provisions of the section provides you to inform next of kin or friend of the suspect who is in your custody not latest than two hours of the arrest. They also mandate a Police officer to obtain a search warrant which authorises him or her to search a place.
“A Police officer can’t forcefully break into someone’s private residence without a search warrant. Where force can be applied is when an officer having an obtainable warrant and the occupant of the place refuses him or her entering even after showing the authorise warrant, then the officer can forcefully enter”.
On his part, Commissioner of Police Rivers State, CP Friday Eboka, who was represented by ACP Olayinka Ajeigbe, Assitant Commissioner, State CID Rivers State, maintained that Investigation remains one of the key functions/duties of the Nigeria Police Force of which all aspects of the investigation from arrest to prosecution are governed by the Administration of Criminal Justice Act of which same has been domesticated by virtue of the Administrative or Criminal Law, Rivers State, 2015.
“We cannot pretentiously feign the present situation bedevilling investigation at its core, leading to good criminal Cases on trial (of which the Police ought to have secured convictions), either being struck Out or the Defendant acquitted based on the shoddy investigation.
“And more importantly, some of our detectives in the course of the investigation, infringe on the clear provisions of the extant law governing investigation, thereby contributing to the negative media hype against the Police as an institution. This has necessitated the collaboration of the Command with the Rivers State Administration of Criminal Justice Monitoring Council towards this laudable project of training the trainers on the Practical Approach to Arrest and Relation Matters for Law Enforcement Agencies and the Launch of
the Police Duty Solicitor Scheme (PDSS) in RiverS State vis-a-vis the provisions of Administration Criminal Justice Law of Rivers State, 2015.
“Simultaneously, this workshop is meant to set an excellent pace for adequate professionalism and in essence, equip us with the latest strategies of investigations as 21-century law investigators, making us much more relevant in perpetuity.
“Finally, I would encourage all participants to make whatever that they have learnt here as a Working guide in the course of the investigation and to train others in their various Police Formations in order to be seised of the provisions of the extant law as it affects investigation”.
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