Release database of arrests by security agencies, Falana tells AGF

Human rights lawyer, Mr. Femi Falana (SAN), has demanded that
the Attorney General of the Federation and Minister of Justice, Mr.
Abubakar Malami (SAN), should release a certified true copy of the
electronic database of records of arrests made by all law
enforcement agencies.

He also wrote to the Chief Justice of Nigeria, Justice Walter
Onnoghen, requesting the CJN to ensure proper monitoring of
criminal cases in Nigeria under the Administration of Criminal
Justice Act, 2015.

Last week, Falana wrote to the Chief Judge of Lagos State,
Jutice Opeyemi Oke, asking her to designate Chief Magistrates to
conduct monthly inspection of all police stations and other
detention centres in Lagos State as stipulated by the ACJA.

The senior advocate, in his letter, dated December 19, 2017, and
addressed to the AGF, stated that his request was based on the
provisions of Section 1 of the Freedom of Information Act.

He also noted that the AGF was required to supply the requested
information within seven days as stipulated by the FoI Act.

Falana noted that the AGF was, by virtue of Section 29(5) of the
ACJA, required to establish an electronic and manual database of
all records of arrests made by all enforcement agencies at the
federal and state levels in the country.

The letter read, “As you are no doubt aware, Section 29 (1) of
the of the Administration of Criminal Justice Act, 2015 has
mandated the Inspector-General of Police and heads of all agencies
authorised by law to remit quarterly to the Attorney General of the
Federation a record of all arrests made with or without warrant in
relation to federal offences within Nigeria.

“We have noted that the office of the AGF is required by Section
29 (5) of the Administration of Criminal Justice Act, 2015 to
establish an electronic and manual database of all records of
arrests made by all enforcement agencies at the federal and state
levels in the country.

“In exercise of my right to freedom of information, guaranteed
by Section 1 of the Freedom of Information Act, I hereby apply for
an electronic copy of the records of arrests made and judgments
delivered by all courts in Nigeria from May 2015 to December
2017.

“Take notice that you are mandatorily required to supply the
requested information within seven days of the receipt of this
letter by virtue of the provisions of the Freedom of Information
Act, 2011.”

In his letter, also dated December 19, 2017, and addressed to
the CJN, Falana noted that Onnoghen had demonstrated determination
“to ensure that the system of criminal justice in the country
promotes speedy dispensation of justice and efficient management of
criminal justice institutions”.

He added, “We have however noted that the Administration of
Criminal Justice Act has conferred on the respective Chief Judges
and the Administration of Criminal Justice Monitoring Committee the
power to monitor criminal proceedings in all courts with a view to
ensuring expeditious disposal of criminal cases.

“Accordingly, by virtue of Section 110 of the Administration of
Criminal Justice Act, every court seized of criminal proceedings
shall make quarterly returns of the particulars of all cases,
including charges, remand and other proceedings commenced and dealt
with in the court to the Chief Judge and the Administration of
Criminal Justice Monitoring Committee.

“In reviewing the returns made by the criminal courts, the Chief
Judge shall have regard to the need to ensure that: (a) Criminal
matters are speedily dealt with; (b) Congestion of cases in courts
is drastically reduced; (c) Congestion of prisons is reduced to the
barest minimum; and (d) Persons awaiting trial are, as far as
possible, not detained in prison custody for a length of time
beyond that prescribed in Section 293 of this Act.

“Furthermore, Section 469 of the Administration of Criminal
Justice Act has established a body known as the Administration of
Criminal Justice Monitoring Committee.

“It is pertinent to note that pursuant to Section 470 (2) (g) of
the Administration of Criminal Justice Act, the Administration of
Criminal Justice Monitoring Committee shall submit quarterly report
to the Chief Justice of Nigeria for the purpose of keeping his
Lordship abreast of development towards improved criminal justice
delivery and for necessary action.

“In the light of the foregoing, we urge Your Lordship to ensure
that the trial of all criminal cases, including corruption cases,
are effectively monitored by the respective Chief Judges and
coordinated by the Administration of Criminal Justice Monitoring
Committee in strict compliance with the provisions of sections 110
and 470 of the Administration of Criminal Justice Act, 2015.”

Human rights lawyer, Mr. Femi Falana (SAN), has demanded that
the Attorney General of the Federation and Minister of Justice, Mr.
Abubakar Malami (SAN), should release a certified true copy of the
electronic database of records of arrests made by all law
enforcement agencies.

He also wrote to the Chief Justice of Nigeria, Justice Walter
Onnoghen, requesting the CJN to ensure proper monitoring of
criminal cases in Nigeria under the Administration of Criminal
Justice Act, 2015.

Last week, Falana wrote to the Chief Judge of Lagos State,
Jutice Opeyemi Oke, asking her to designate Chief Magistrates to
conduct monthly inspection of all police stations and other
detention centres in Lagos State as stipulated by the ACJA.

The senior advocate, in his letter, dated December 19, 2017, and
addressed to the AGF, stated that his request was based on the
provisions of Section 1 of the Freedom of Information Act.

He also noted that the AGF was required to supply the requested
information within seven days as stipulated by the FoI Act.

Falana noted that the AGF was, by virtue of Section 29(5) of the
ACJA, required to establish an electronic and manual database of
all records of arrests made by all enforcement agencies at the
federal and state levels in the country.

The letter read, “As you are no doubt aware, Section 29 (1) of
the of the Administration of Criminal Justice Act, 2015 has
mandated the Inspector-General of Police and heads of all agencies
authorised by law to remit quarterly to the Attorney General of the
Federation a record of all arrests made with or without warrant in
relation to federal offences within Nigeria.

“We have noted that the office of the AGF is required by Section
29 (5) of the Administration of Criminal Justice Act, 2015 to
establish an electronic and manual database of all records of
arrests made by all enforcement agencies at the federal and state
levels in the country.

“In exercise of my right to freedom of information, guaranteed
by Section 1 of the Freedom of Information Act, I hereby apply for
an electronic copy of the records of arrests made and judgments
delivered by all courts in Nigeria from May 2015 to December
2017.

“Take notice that you are mandatorily required to supply the
requested information within seven days of the receipt of this
letter by virtue of the provisions of the Freedom of Information
Act, 2011.”

In his letter, also dated December 19, 2017, and addressed to
the CJN, Falana noted that Onnoghen had demonstrated determination
“to ensure that the system of criminal justice in the country
promotes speedy dispensation of justice and efficient management of
criminal justice institutions”.

He added, “We have however noted that the Administration of
Criminal Justice Act has conferred on the respective Chief Judges
and the Administration of Criminal Justice Monitoring Committee the
power to monitor criminal proceedings in all courts with a view to
ensuring expeditious disposal of criminal cases.

“Accordingly, by virtue of Section 110 of the Administration of
Criminal Justice Act, every court seized of criminal proceedings
shall make quarterly returns of the particulars of all cases,
including charges, remand and other proceedings commenced and dealt
with in the court to the Chief Judge and the Administration of
Criminal Justice Monitoring Committee.

“In reviewing the returns made by the criminal courts, the Chief
Judge shall have regard to the need to ensure that: (a) Criminal
matters are speedily dealt with; (b) Congestion of cases in courts
is drastically reduced; (c) Congestion of prisons is reduced to the
barest minimum; and (d) Persons awaiting trial are, as far as
possible, not detained in prison custody for a length of time
beyond that prescribed in Section 293 of this Act.

“Furthermore, Section 469 of the Administration of Criminal
Justice Act has established a body known as the Administration of
Criminal Justice Monitoring Committee.

“It is pertinent to note that pursuant to Section 470 (2) (g) of
the Administration of Criminal Justice Act, the Administration of
Criminal Justice Monitoring Committee shall submit quarterly report
to the Chief Justice of Nigeria for the purpose of keeping his
Lordship abreast of development towards improved criminal justice
delivery and for necessary action.

“In the light of the foregoing, we urge Your Lordship to ensure
that the trial of all criminal cases, including corruption cases,
are effectively monitored by the respective Chief Judges and
coordinated by the Administration of Criminal Justice Monitoring
Committee in strict compliance with the provisions of sections 110
and 470 of the Administration of Criminal Justice Act, 2015.”