PRAWA vehemently condemns in its entirety the contemptuous show of shame at the premises of the Federal High Court, Lagos, by the operatives of the Department of State Services (DSS) and officers of the Nigerian Correctional Service (NCoS) on 25th July, 2023 in respect to the case of the suspended Governor of the Central Bank of Nigeria, Mr.  Godwin Emefiele and calls for urgent investigation into the immediate and remote causes of the incident and punishment of erring officers.

The unwarranted show of physical powers, overzealousness and the consequential desecration of the court premises have several negative implications. It is a direct affront to the rule of law, gross display of impunity and a clear indication of disdain for all that our criminal justice system stand for and must not go unpunished. There is no plausible excuse for this public display of lack of professionalism and invitation to mockery and ridicule of our dear country in the committee of nations. We must call to mind the political, social and economic implications of this reprehensible incidence and the possible loss of trust and confidence in the Nigerian system by Nigerians and by foreign investors at this point in the history of our dear nation. There is really need for deep reflection by institutions of government. Law Enforcement/ Security Agencies especially must acknowledge the limits of their powers, respect rule of law/ human rights and draw lines between ‘prosecution’ and ‘persecution’ of suspects/defendants.

The Federal High Court Lagos incident is a clear confirmation of the perennial challenge of lack of collaboration and poor coordination among the agencies of the criminal justice system which has remained a regular cause of inefficiency and ineffectiveness in the delivery of criminal justice in Nigeria.

Cooperation and coordination of agencies of the criminal justice system is critical to the delivery of criminal justice and a well-managed criminal justice system enables peace, safety, security, progress and development of the nation. It is really paradoxical and obvious national tragedy for an agency of government to undermine the whole essence of the system that established it. The scuffle at the Federal High Court was a shameful case of inter-agency conflict and rivalry which has no basis to happen in the first instance because the order of the court is clear on which agency should take responsibility of keeping the defendant pending his meeting the bail conditions. Secondly the Laws of this country are clear on the responsibilities of the different agencies of the criminal justice system. The question is why was the order of the court disobeyed? Why go against the laws of the land? The clear show of contempt and disrespect to the order of the court portends serious danger and Nigerian Citizens are called to speak-up in condemnation of this evil wind that has the potentiality of destroying all that we hold dear to us.

Undermining the powers of the court is undermining the rule of law and undermining the rule of law is the foundation for jeopardizing the safety and security of our society.  It unfortunately, communicates the subtle message that other means of accessing justice should be sought by individuals in the society. Sadly, this would amount to promotion of self-help, rule of man, jungle justice and the chaos/ anarchy that would follow.

Regrettably too, the incidence has negative economic implications. Trust and confidence in the rule of law of any nation and capacity of the judiciary to deliver justice have direct impact on the economy and social status of any nation especially regarding attraction of foreign investment. Sadly the event of 25th July may have the impact of driving away instead of attracting investors. The officers show of insensitivity to the state of affairs in the country and flagrant abuse and desecration of our court premises is highly condemnable and their actions should be accounted for.

PRAWA therefore calls for the activation of all the oversight mechanisms of these agencies to ensure that the unfortunate incident is properly and timeously investigated and the erring officers brought to book. This would serve as deterrence to other law enforcement agents that constitute themselves into the law itself in the course of performance of their duties. Accountability is critical to ensuring non-repetition of such shameful display of over-zealousness by agencies of the government.

We also call for the strengthening of mechanisms for collaboration and coordination of activities of the different agencies of the criminal justice system. Joint trainings of these institutions should be regularly organized for familiarization and enhanced cooperation. Standard Operating Procedure Manuals for the enhancement of inter-agency cooperation between the agencies of the criminal justice system should be developed and its use assured by the leadership of these agencies.

Signed:

Dr Uju Agomoh

Executive Director & Founder

Prisoners’ Rehabilitation and Welfare Action (PRAWA)