Arrest Before Investigation: How The Courts And Ministries of Justices Aid Abuse By Law Enforcement Agencies

Four years of implementing the Police Duty Solicitors Scheme (PDSS) in some parts of Nigeria has revealed a dangerous trend affecting the effective implementation of the Administration of Criminal Justice System.
The Administration of Criminal Justice Act/Law (ACJA) is undoubtedly an ingenious legislation that regulates how law enforcement and the courts handle criminal activities. The law has provisions that protect citizens from abuse and violations of their fundamental rights.
Sadly however, there is a foundational problem in the exercise of the powers of law enforcement officers to arrest an individual. Even though the ACJA provides clearly, the steps to take to effect an arrest, these rules are not followed and the courts do not care how a citizen was arrested and in most cases, the courts conveniently gloss over this fundamental aspect giving the law enforcement agencies the leeway to continue with this illegality.
While arrest can come before an investigation, especially where a crime is committed in the face of a law enforcement agent, a judge/magistrate and even a regular citizen, it is not the usual ordinary way of bringing a person to answer to a criminal act before the courts
In Nigeria today, the law enforcement agents lack investigative skills because this aspect has been underutilized and the courts have aided in its underutilization.
Even the ministries of Justice that ought to ensure that crimes are properly investigated and prosecuted, have failed entirely in protecting the courts from congestion brought about by unprovable criminal charges.
Some investigations start and end with taking statements from the suspect and the complainant. This is absolutely unacceptable!
When will our directors of public prosecution, DPPs and courts start to condemn this lazy method of bringing a charge before a court? When will they realize that they are contributing to abuse and the eventual collapse of the justice system?
Why should a magistrate entertain a charge that is not accompanied by a preliminary investigation report detailing the mode of arrest and the length of detention?
Under what stated facts are arrest warrants even issued? It’s unfortunate that it sometimes has to take an order by a chief judge to control the issuance of arrest warrants when the laws are clear.
It is a no-brainer that we need to train our judges and state counsels in this regard. We must treat our citizens with respect and dignity. We must make our laws work through proper implementation.
How many charges are filed in our courts daily? What is the conviction rate of criminal cases in our courts? Answers to these questions will shed light on the abnormality in the system and the need to correct the problem.
– By Bayo Akinlade Esq