Criminal Jurisdiction for customary court to decongest prisons in Lagos
The Lagos state government is now set to confer criminal jurisdiction on Customary Courts in the state. This followed the bill titled, “A law to amend the Lagos State Customary Court law, 2011 and for Connected Purposes” which was forwarded to the State House of Assembly by the executive to be passed into law.
The State House of Assembly consequent upon receiving the bill and after thorough deliberation on it, organised public hearing through its committee on Judiciary, Human Rights & Petitions, and the Lagos State Independent Electoral Commission (LASIEC) headed by Hon. Mrs. Adefunmilayo Tejuosho.
Participants at the public hearing held at Lateef Jakande Auditorium of the Assembly complex on Tuesday took time to comment on the relevance or otherwise of the bill.
Describing the bill as apt and coming at a right time, a lawyer from the Muslim Lawyers Association of Nigeria, Mrs. Abiola Balogun, however, reasoned that the N20, 000 fine stipulated in the proposed law would not deter offenders but community service as an alternative penalty. She further reasoned that public ridicule will dissuade the rich from flouting the law.
“The bill is apt at this time. Expansion and advancement in the state makes this important. The monetary penalty attached will not really serve as deterrence, the community service for a highly placed person will serve better.”
She however, advocated for continuous training for customary courts official, Mr Adele Sanni from Nigerian Bar Association however, urged the government to focus on implementing laws.
Also speaking, Mrs Ayodele Odugbesan, the Executive Secretary, Lagos State Judicial Service Commission, said, “This bill is preferable if it is non- custodial.
“The fine of N20, 000, and community service will do, our prisons are congested already. So, this makes custodial option not workable in this bill.”
Meanwhile, a Human Rights lawyer, Mr. Adeola Ilori, counseled that the bill needed to address the right of offenders to appeal.
“If the bill is not critically viewed with respect to criminal jurisdiction, it could run foul of the same fault that made the environmental law of the state unconstitutional.
“Fair hearing is important as the section 36 subsection (1) of the constitution of the Federal Republic of Nigeria makes freedom of movement a right of every Nigerians, the 2011 law is not yet to accommodate the jurisdiction not to be given.”
A resident of Alimosho Area, Mrs. Ladi Jacob, who lauded the bill, decried lack of enforcement of many environmental laws.
The Director, Lagos State Environmental Health Services, Mr. Abiodun Ayegbe, while reacting to the issue of fear hearing under the proposed law, commended the executive for coming up with the bill, he disclosed that prosecutors from the agency were well trained to give offenders fair hearing.
“As we are working towards a mega-city, sanitations should not be compromised, what we are doing here is very important.
Speaking with newsmen at the end of the public hearing, Tejuoso said that the bill should be welcome and appreciated for both environmental and health benefits.
“In the olden days, Customary Courts have jurisdiction on criminal cases. We are in a civilized society, we have to make sure that our environment are clean.
“We have to make sure that people follow law and order so that we continue to be a centre of excellence. We have the sanitation laws in place, the reason is not for aesthetic satisfaction of a clean environment but for health reason as well.
“We don’t want epidemics in Lagos State or in Nigeria. The bill is giving criminal jurisdictions to the Customary Court so as to deter people from those offences.”
The lawmaker said if those who break bye-laws made by the local government were arrested, prosecuted, convicted and becomes an ex-convict, this will deter many rather than subjecting them to fines.
