Criminal Justice policy adoption not to infringe on states’ autonomy, says AGF
The Attorney General of the Federation and Minister of Justice, Abubakar Malami has said that adoption of the policy documents and the administration of Criminal Justice Act by all the states of the federation will provide framework to which all prosecutors and prosecuting agencies are expected to subject themselves in achieving higher prosecution standards.
This was against dissenting voices in many quarters that argued that the policy will infringe on the quality of justice delivery in Nigeria and sates judicial autonomy.
The Attorney General and minister of Justice stated this Thursday in Abuja while addressing the meeting of the Body of Attorneys General on the proposed National Policy on Prosecution, Code of Conduct and Guidelines for Prosecutors in Nigeria.
According to him, the fear that a uniform adoption of the policy documents will infringe on the autonomy of states is in my view, is misplaced.
Malami noted that adoption of the policy documents would among others, promote effective and efficient criminal justice administration through enhancement of capacity of judicial infrastructures.
The judicial institutions would become better positioned to collect, preserve, share and manage crime information. It will also remove impediments to speedy dispensation of justice, protect the society from crime and protect the rights and interest of defendants, victim and the society at large.
He therefore, urged federal, states and other stakeholders in the justice sector to continuously collaborate to promote the reform of the justice system adding “it remains a veritable tool to driving the reform of the justice sector and inspire public confidence in the system.”
The policy would serve as basis for sound philosophy and practice for the country’s teaming prosecutors and guiding code that would be prosecuted and observed by all, he added.
Mallami further pointed that “a policy has the capacity to be adjusted without the controversies associated with amending legislation. This is in consistent with our criminal justice system where apart from the substantive law, the rules of court to a very large extent, are the same.
Policy cannot override a substantive law and the constitution. There is therefore the need for us as Attorneys General and Chief Law officers to come together to put in place mechanism and strategies that will facilitate the effective implementation of the policy in our respective states and the country in general for the benefit of our people.”
The Attorney General of Akwa ibom State, Uwemedimo Nwoko said that the federal government is overburdened and with many issues including the constitution noting that criminal matters are unduly delayed particularly because of lack of logistics to handle some of these federal offences.
However, he said that the policy would help in quick dispensation of criminal justice and propel the criminal justice system very well for the Attorney General of the Federation to grant the fiat to the states Attorneys General to prosecute federal offences in their states “It will also lead to faster decongestion of prisons in the country.” he said.
Attorney General of Benue State, Michael Gusa explained “Before now, states were prosecuting states offences while the federal ministry was also prosecuting federal offences, what the Attorney general of the Federation is doing is to grant fiat to the states ministry of justice to help in executing federal offences within their states.”
