Communiqué Of The 5th Annual Criminal Law Review Conference Organized By The Rule Of Law Development Foundation

Communiqué Of The 5th Annual Criminal Law Review Conference Organized By The Rule Of Law Development Foundation, Date: 20th-24th November, 2023.

Venue: Conference Hall, J.B.Daudu And Co; House 3 16B P.O.W. Mafemi Crescent, Utako Abuja.

Conference Theme: REVITALISATION OF THE ADMINISTRATION OF JUSTICE IN NIGERIA: FEDERAL CAPITAL TERRITORY CRIMINAL JUSTICE SYSTEM IN FOCUS.

                                COMMUNIQUE

1. INTRODUCTION

The Nigerian Criminal Law Review Conference is a strategic event organized periodically by the Incorporated Trustees of the Rule of Law Development Foundation registered under part C of the Companies and Allied Matters Act.

1. To review on annual basis developments in the Nigerian Criminal Law jurisprudence (Federal and States) including discussion on the institutional framework of the Nigerian Criminal Justice System.
2. To update participants and stakeholders by way of progress reports on activities of criminal justice sector institutions to wit: law enforcement agencies such as the Police, Civil Defence, EFCC, ICPC and recently State Security Service, (il) Courts with Criminal Jurisdiction with particular emphasis on their powers of remand and incidents of abuse of remand powers by Law Enforcement Agencies using the Courts to validate same and (If Correctional Institutions and the progress of reforms thereat including a discussion on developments within the executive, legislative and judicial sectors within the last 24 months.
3. To intensify conversations and debates on the revitalisation and reformation of the Administration of Criminal Justice in Nigeria with special focus on the Federal Capital Territory (FCT). This formed the primary focus of this year’s Conference.
4. To propose, collate and produce policy advisory for the information, consideration and action of public authorities and institutions.
5. To provide a platform for research on topical issues in substantive statutory criminal law, procedural criminal law, evidence including electronic evidence, judicial and extrajudicial procedures and processes for criminal justice actors including Ministers, Commissioners, Heads of Courts, Judges, legal practitioners engaged in public or private practice, law enforcement agencies, such as the Economic and Financial Crimes Commission (EFCC)
6. Independent Corrupt Practices and other related Offences Commission (ICPC), Nigerian Police Force, Customs Service, Immigration Service, Prisons Service, Nigeria Civil Defence Corp and the Department of State Services.
7. It is also the goal of the Foundation that the Conference will serve as a forum for advocacy, policy design, research, constructive criticism, interstate and international comparative analysis, networking, intellectual brainstorming, and public and private stakeholder accountability.

DATE, DURATION AND VENUE

1. • The Conference held from 20th to 24th November 2023 as a hybrid event; (i)
   Virtual- where conferees participated from different parts of the world and (il) also physically participated at the venue of the event in Abuja, Nigeria.

RESOLUTIONS

1. FOUNDATION NOTES AND RESOLVES THAT:

a. The laws of the Federal Capital Territory, particularly its substantive criminal law i.e., the Penal Code and its procedural counterpart, the Criminal Procedure Code are obsolete, and time is ripe to appoint a Law Revision Committee to review all the laws in FCT since its inception in 1976.

b. Foundation notes that although there is in existence for use by the courts of the Federal Capital Territory, the Administration of Criminal Justice Act (ACJA), that epochal legislation requires drivers such as ‘Practice Directions’ to execute latent provisions of the Act that require specificity and direction to optimally achieve their goals.

c. There is an urgent need to enact a Magistrate Courts Act and an Area Courts and Customary Courts Act by the National Assembly of Nigeria-the legislative body constitutionally responsible for enacting laws for the Federal Capital Territory, Abuja.

d. Citizens should assist law enforcement agents in their work and respect has to be accorded to the institution of the court.

e. Lawyers should refrain from filing frivolous actions and stop commenting on cases pending in court in the media.

f. Legal practitioners including University lecturers, critical of the decisions of superior courts should refrain from media commentary especially through social media blogs where caution is thrown to the wind but should rather analyse the decisions of the Supreme Court and Court of Appeal (indeed all courts that they disagree with or that they have issues with in academic and professional Journals.

g. To achieve speedy disposal of criminal cases, courts should emulate jurisdiction that have effective and efficient case management systems and import same into our legal system.

h. Sentencing should not only be based on clear guidelines in line with modern sentencing parameters since remand is not the preferred punitive measure but alternatives like community service should also be considered and legislated upon.

i Abuse of remand protocol by prosecuting agencies, lack of provisions for witness expenses and the problem of starting a trial de-novo in the event of elevation, retirement or demise of a judge should be revisited and legislated upon by the National Assembly of Nigeria.

j. Review and amendment of AJA and ACJLs of states of the Federation is required to address evolving needs and challenges with the criminal justice system.
ON LEGISLATIVE UPDATES ON SUBSTANTIVE CRIMINAL LAW IN NIGERIA:

1. That recourse to or penchant for exclusive proof by or through the obtainment of confessional statement in criminal cases is not the best template to adopt for proof and resolution of crimes in our justice system and that the Supreme Court should set the mark in their judgments for our law enforcement agents to adopt and engage in the proof of crimes through forensic investigation.
2. That presumption of innocence is paramount in criminal cases and courts should ensure that Defendants are given adequate time and facilities to defend themselves within the fullest meaning of the said fundamental right especially when noted that defence starts at the time the indictment is served and not the day that plea is taken.
3. That court orders are meant to be obeyed and due process followed in the administration of criminal justice and that Nigeria cannot make progress if court orders are complied with in the breach instead of its observance by government and law enforcement agencies.
4. That Governance should not be based on patronage and judges and police should be given adequate training and remuneration.
5. That Judges should be just and fair in the decision – making process.
6. That section 29 of EFCC Act on forfeiture and Freezing of Assets, which gives the EFCC unchecked rights to seize the property of suspects without regard to the observance of the fundamental rights to property and liberty is manifestly unjust and such provisions need to be revisited.

JUDICIAL UPDATES AND LEGISLATIVE DEVELOPMENTS – CRIMINAL PROCEDURE PRETRIAL PROCESS, AND THE LIBERTY OF SUSPECTS.  
RECOMMENDATIONS:

1. That it is improper for employees of security agencies to abdicate their civil and civic responsibilities to Nigerians and engage in harsh and uncivil interrogation as they are not mandated or permitted to witch-hunt, torture, or oppress suspects in their custody and that they should be offered basic training in the observance and protection of the fundamental rights of individuals that enter their investigation dragnet.
2. That issue of video recording and the attendance of legal practitioners) during the taking of statements under caution of Suspects is a clear constitutional requirement and its breach is a direct threat to the suspect’s right to fair hearing and should impact negatively on the admissibility of such disputed statements.
3. Bail is an incidence of the suspect’s right to liberty, presumption of innocence and freedom of movement, consequently, trial courts at all levels should be liberal in granting bail and avoid at all costs bail conditions that are harsh or well-nigh impossible to comply with, thereby tantamount to a denial of the bail itself.
4. That most of the provisions of the Proceeds of Crime (Recovery and Management) Act, 2022 are draconian and a throwback of military decrees and it is therefore out of tune with democratic values rendering it out of sync with the Nigerian Constitution.
5. That the Prosecution should disclose to the Defendant (s) all material facts consisting of all statements of suspects, witnesses and experts, all documentary reports, exhibits etc whether favourable or not to the case of the Prosecution in the initial bundle of documents known as the
   ‘indictment’ so that these documents are available to the defendant for unrestricted use in his defence and failure to disclose such materials should warrant the quashing of the indictment.
6. An overzealous prosecutor, who is also a legal practitioner and who wilfully and unnecessarily abuses the rights of suspects, due process and rule of law should be charged to Legal Practitioners Disciplinary Committee.
7. Rule of law is neither protected nor preserved when phones of lawyers are seized by law enforcement agents while going to take instructions from their clients who are detained at locations such as the EFCC, DSS etc; and their leadership should endeavour to halt this practice.

THE FUTURE OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE FCT-OILING THE WHEELS.

1. The recommendation in paragraph 6 above on Sentencing Guidelines is hereby adopted. In addition, should legislative intervention from and by the National Assembly prove cumbersome then recourse can be had to judicial measures like the promulgation of Practice Directions, which are needed as stop gap measures, to moderate and facilitate Sentencing where the law may not in itself specifically spell out how sentencing is to be effected.
2. That the use of technology should be employed such as e-recording of cases and judgments in courts for the adjudication of all cases especially criminal matters and that FCT to be a model in this direction.
4. 26.That complaints to the police and other law enforcement agencies should only be in criminal cases and not in civil cases and that there should be adequate record keeping and supervision of all policemen by their superior officers.

JUDICIAL UPDATES AND LEGISLATIVE DEVEOPMENTS – CRIMINAL PROCEDURE LAW 2: TRIAL AND SENTENCING PROCEDURES – ANY BEARING ON DELAYED CRIMINAL JUSTICE?

RECOMMENDATIONS:

1. That Nigeria should adopt the United Nations Commission on International Law (UNCITRAL) Model Law on Electronic Signature and for the regulation of commercial transactions,
2. That the National Assembly should wake up and make a comprehensive law on technologically and electronically driven commercial transactions.
3. That the Attorney Generation of the Federation to take advantage of section 255 of Evidence (Amendment) Act, 2023 and make regulations to simplify the process of admissibility of electronic evidence.

JUDICIAL UPDATES AND LEGISLATIVE DEVELOPMENTS – ELECTRONIC AND SUBSTANTIVE EVIDENCE:

RECOMMENDATIONS:

1. That telecommunication should be included as a national infrastructure in
   Nigeria because of its huge role in cyberspace.
2. Unauthorised use of digital signature should be discouraged to avoid impersonation.

JUDICIAL UPDATES AND LEGISLATIVE DEVELOPMENTS – EVIDENCE 2 RECOMMENDATIONS:

1. That technology should be employed for the advancement of the Administration of Criminal Justice System and that reliance should not be solely placed on confessional statements in criminal cases.
2. That balance should be struck between disclosure and cooperation and that legislation should be made on how to manage disclosure which must be transparent and that the defence should be carried along in the process.

JUDICIAL UPDATES AND LEGISLATIVE DEVELOPMENTS – ECONOMIC AND FINANCIAL CRIMES MANAGEMENT OF PROCEEDS OF CRIME UNDER THE SELF-REGULATION REGIME OF THE PROCEEDS OF CRIME ACT

RECOMMENDATIONS:

1. That forfeiture and seizure of suspect’s property pursuant of Proceeds of Crime Act, 2022 without proper investigation makes the Act vindictive and unconstitutional.
2. That section 70 of the Proceeds of Crime Act, 2022 which gives the President and the Federal Executive Court power to spend proceeds of forfeiture, before the final determination of the guilt or otherwise of the Defendant is anathema and lawyers should either individually or in group through public interest litigation, challenge this infraction.
3. That multiplicity of actions and institution of both criminal and civil actions to run consecutively and concurrently pursuant to the Proceeds of Crime
4. Act, 2022 is an abuse of court process.
5. That there is need for updates of existing laws and regulatory frameworks for cyberspace and cybercrime in Nigeria.
6. That lawmakers and stakeholders should work assiduously to ensure that Artificial Intelligence (Al) is integrated in our laws to maximize the potentials this technology presents for the benefit of the society.
7. That cyberspace should be legislatively regulated so as to checkmate the activities of cybercriminals.

JUDICIAL UPDATES AND LEGISLATIVE DEVELOPMENTS – VIOLENCE AGAINST VULNERABLE PERSONS’ FUNDAMENTAL HUMAN RIGHTS

RECOMMENDATIONS:

1. A holistic reform of the criminal justice system should be legislatively and judicially undertaken to restore confidence and trust and should specifically target law enforcement and the judiciary.
2. NGOs and other key actors should constructively engage with traditional, religious, and community leaders to enlighten them of their civic duties and the danger of applying traditional penal measures.
3. There should be a review of our legal frameworks on crime and punishment to ensure compliance with fundamental human rights and human rights
   norms.
4. Law enforcement agents should be exemplary in their conduct.
5. Citizens should discharge their civic duties to report crimes and desist from taking laws into their hands.
6. Legal practitioners are encouraged to take out fundamental rights enforcement actions against perpetrators of inhuman and evil acts whether institutions are willing to prosecute them or not.
7. That a holistic reform of the criminal justice system specifically targeting law enforcement agencies and the judiciary should be made to restore confidence and trust in the system.
8. That NGOs and other key actors should constructively engage with traditional, religious, and community leaders to enlighten them of their civic duties and the danger of applying traditional penal measures.
9. There should be a review of our legal frameworks on crime and punishment to ensure compliance with fundamental human rights and norms.
10. Legal practitioners should take out fundamental rights enforcement actions against perpetrators pro bono whether institutions are willing to prosecute or not.
11. That jungle justice and gender bias in traditional setting should be jettisoned as it is incompatible with modern society.
12. That DNA centres should be established for those prosecuting gender-based cases.
13. NAPTIP should employ the use of technology in their activities to ensure efficiency and record keeping such as publishing their activities online.
14. That mob actions, banishments, burning of people alive and other barbaric activities should be eradicated in our society and steps towards modification of customary laws to come into conformity with human rights should be put in place.

Victims of violence should be encouraged to speak up and be integrated in the society and that more centres and shelter are to be built to reintegrate them.