The presiding judge of the Court of Appeal, Lagos Division,
Justice Mohammed Garba has absolved the judiciary of blame in the
parade of suspects by prosecutorial agencies.
Justice Garba said a court could not make a pronouncement on the
legality or otherwise of media trials generally, if the matter was
not brought before it.
He spoke on ‘Administration of Criminal Justice Act (ACJA) 2015:
Innovations, challenges and the way forward’ at the annual
Seminar/Workshop of the National Association of Judicial
Correspondents which held in Lagos on Thursday.
Co-guest speaker and Managing Editor Online and Special
Publications, The Nation Newspapers, Lekan Otunfodunrin, discussed
‘Journalism in the 21st century: Opportunities and challenges.’
The event was chaired by Professor of Law Egerton Uvieghara, who
was represented by Prof Joseph Abugu, while Chief Felix Fagbohungbe
(SAN) was guest of honour.
Garba, who was represented by Appeal Court judge, Justice
Ugochukwu Ogakwu, noted that media trial is now widespread among
prosecuting agencies.
He said: “Sadly, most of the agencies we have now who have both
investigative and prosecutorial powers, like the Economic and
Financial Crimes Commission (EFCC) in particular, engage so much in
media trial.
“But, if they don’t blow their trumpet, nobody will blow it for
them and it’s only when they blow their trumpet as to what they are
doing that we’ll know that they are actually working.
“What can the judiciary do? The judiciary only works on what is
brought before it. Unless there is a case that has been brought for
judicial pronouncement, the judiciary will not make any
pronouncement on whether it is wrong or not.
“So, the judiciary is not self-activating, the jurisdiction of a
court is only invoked when such a matter comes for judicial
pronouncement and untill such matter comes, the judiciary cannot do
anything.”
Garba described the ACJA 2015 as commendable, adding that it
contained at least 27 innovative provisions that could
revolutionise justice administration.
The judge lamented that Nigeria appears to have the highest
number of confessional statements used as basis of findings during
police investigation.
He urged the police to do more investigation rather than waiting
for a confessional statements to unravel a crime.
Otunfodunrin reminded journalists of the constantly changing
nature of their profession.
He urged them to keep up with technological innovations to
improve their skills or risk losing their livelihoods to new media
practitioners.
Otufodunrin said: “New media has disrupted the traditional
journalism which most of us were trained in and have been
practicing for years, there is the need to be alert to new
developments in our profession to avoid becoming a relic.
“Not only has new technology demystified our age-long claim to
being Gate Keepers and turned us into purveyors of stale
information, the economic recession is gradually strangulating our
operations.
“In the sense that there are massive layoffs and poor or
non-payment of salaries, sales of newspapers and advertising are
also low with what most media houses generate not being enough to
meet many other obligations apart from salaries.
“Instead of living in denial about our precarious circumstance
or dismissing the threat of the new media, it is important that
journalists get themselves well acquainted with the new trend with
technology.
“There is an urgent need by all to take our destiny in our
hands, especially for those of us who don’t know any other thing to
do than journalism.”
The presiding judge of the Court of Appeal, Lagos Division,
Justice Mohammed Garba has absolved the judiciary of blame in the
parade of suspects by prosecutorial agencies.
Justice Garba said a court could not make a pronouncement on the
legality or otherwise of media trials generally, if the matter was
not brought before it.
He spoke on ‘Administration of Criminal Justice Act (ACJA) 2015:
Innovations, challenges and the way forward’ at the annual
Seminar/Workshop of the National Association of Judicial
Correspondents which held in Lagos on Thursday.
Co-guest speaker and Managing Editor Online and Special
Publications, The Nation Newspapers, Lekan Otunfodunrin, discussed
‘Journalism in the 21st century: Opportunities and challenges.’
The event was chaired by Professor of Law Egerton Uvieghara, who
was represented by Prof Joseph Abugu, while Chief Felix Fagbohungbe
(SAN) was guest of honour.
Garba, who was represented by Appeal Court judge, Justice
Ugochukwu Ogakwu, noted that media trial is now widespread among
prosecuting agencies.
He said: “Sadly, most of the agencies we have now who have both
investigative and prosecutorial powers, like the Economic and
Financial Crimes Commission (EFCC) in particular, engage so much in
media trial.
“But, if they don’t blow their trumpet, nobody will blow it for
them and it’s only when they blow their trumpet as to what they are
doing that we’ll know that they are actually working.
“What can the judiciary do? The judiciary only works on what is
brought before it. Unless there is a case that has been brought for
judicial pronouncement, the judiciary will not make any
pronouncement on whether it is wrong or not.
“So, the judiciary is not self-activating, the jurisdiction of a
court is only invoked when such a matter comes for judicial
pronouncement and untill such matter comes, the judiciary cannot do
anything.”
Garba described the ACJA 2015 as commendable, adding that it
contained at least 27 innovative provisions that could
revolutionise justice administration.
The judge lamented that Nigeria appears to have the highest
number of confessional statements used as basis of findings during
police investigation.
He urged the police to do more investigation rather than waiting
for a confessional statements to unravel a crime.
Otunfodunrin reminded journalists of the constantly changing
nature of their profession.
He urged them to keep up with technological innovations to
improve their skills or risk losing their livelihoods to new media
practitioners.
Otufodunrin said: “New media has disrupted the traditional
journalism which most of us were trained in and have been
practicing for years, there is the need to be alert to new
developments in our profession to avoid becoming a relic.
“Not only has new technology demystified our age-long claim to
being Gate Keepers and turned us into purveyors of stale
information, the economic recession is gradually strangulating our
operations.
“In the sense that there are massive layoffs and poor or
non-payment of salaries, sales of newspapers and advertising are
also low with what most media houses generate not being enough to
meet many other obligations apart from salaries.
“Instead of living in denial about our precarious circumstance
or dismissing the threat of the new media, it is important that
journalists get themselves well acquainted with the new trend with
technology.
“There is an urgent need by all to take our destiny in our
hands, especially for those of us who don’t know any other thing to
do than journalism.”
Read more https://www.nairalaw.com/why-courts-havent-stopped-parade-of-suspects-justice-garba/