Reactions trail Imo state administration of criminal justice law


Following the assent of Imo state governor, Hope Uzodinma to the Administration of Criminal Justice  Law 2020 a few days ago, reactions have continued to trail the move, especially as the  law allegedly stipulates that the governor has the powers to detain any person he wants at his pleasure. CHIDIEBERE IWUOHA reports.
Imo state citizens are not happy over what they call a dictatorial ploy adopted by their governor and close alies to fight his perceived political enemies.
The inception of the billHowever, Hon Frank Ugbona representing Oguta constituency and deputy minority leader in the state assembly who originally sponsored the bill was the first to raise dust by putting up a disclaimer to the law, saying that it was doctored.In a reaction, Ugboma avered that some sections in the recently gazzetted law came to him as a rude shock, stressing that as the chief sponsor of the bill, he had searched through the documents cummulated into the bill and discovered that his original documents were doctored by the leadership of the assembly. He further said that he recounted a total of 372 sections, wondering where and how his original bill was amended, recreated and reshaped into section 484 and beyond, saying that it remains a mystery.”I have equally taken further pains in reaching out to my colleagues and I must admit that they have each expressed shock over the sudden obnoxious sections of the law, more particularly section 484.”What I presented to my colleagues during plenary, both in the First and Second Readings did not contain such obnoxious and embarrassing section 484. Neither was it deliberated in the Committee of the Whole House. No one has been able to explain how and at what stage the said section 484 was inserted into the bill. It smacks of an evil manipulation to throw Imo people into dungeon. As a lawyer, I have had cause to fight against such obnoxious laws and as activist, there is no way this section would have scaled through plenary in the 9th House which I am part of. All of us are already available victims of this obnoxious  sections.

This particular provision is a nullity ab initio in view of the ambiguous provisions of Sections 1(1),(3),4,5,6 and 36 of the 1999 Constitution of Nigeria (as ammended).”In my quest to ascertain which hand of Esau made it into the bill I presented, attention was drawn to a list said to be the names of Imo people that facilitated the domestication of the law in the state. It need not be overemphasized. In lawmaking, such contributions or imputs  from members of the public are usually submitted to the House for deliberations. I am however, saddened that there is no record of presentation of such contributions in the House. There is no record anywhere that such contributions were circulated to members during plenary.”


House leaders defend bill


In a reaction, the deputy speaker, Rt Hon Amarachi Chyna Iwuanyanwu exonerated the governor just like the speaker, Rt Hon Chiji Collins did. saying it was not an executive bill. He also made it clear that the provision was neither inconsistent with the 1999 Constitition nor a tool for intimidation, suppression and violation of the fundamental Human rights of citizens. “It is a provision specifically designed to protect offenders below the age of criminal responsibility and persons of unsound mind.”
He accused Ugboma of playing to the gallery of the other political divide which he belongs, saying the contentious bill was sponsored by the lawmaker and debated in the House with public imput under the leadership of the immediate past Chief Judge of the state with technical support from The Legal Defence and Assistance Projects(LEDAP). 
“Prior to 2015, the justice system in Nigeria had been regulated by Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC). However, for an enhanced and efficient justice system in Nigeria which would be in conformity with international best practices, there came an urgent need for amendment of CPA and CPC with the introduction of innovations and provisions geared towards covering most of the lacuna in the existing criminal laws. Against this backdrop, the Administration of Criminal Justice Act (ACJA) was enacted by the National Assembly in 2015. The uniform adoption of the ACJA in all 36 states of the federation  was enhanced by the 1999 Constitution of Nigeria which vests the state Houses of Assembly with the power to make laws for the peace, order and good governance of the state among other legislative powers. In view of the foregoing, there became the need to promote and advocate the adoption, domestication and implementation of the Administration of Criminal Justice Act 2015 across the states of the federation, of which the Nigerian Bar Association championing it.
“Subsequently, the member representing Oguta State Constituency, Hon Frank Ugboma introduced the bill on Administration of Criminal Justice Law of Imo State in 2919. By March 2020, the bill was passed into law and subsequently assented to by Governor Hope Uzodinma. This brought the total to 30 states that  have adopted and domesticated the ACJA 2015.” The deputy speaker, “It seeks to introduce quick dispensation of justice and a better administration of justice system in Nigeria, one of which is the change of call sign from ‘the accused’ to ‘the defendant’, the expunging of torture by the police in effort to extract confession statement. From the foregoing, it is clear that what His Excellency did was to assent to a bill passed by the assembly. It is of national importance and for the good of the citizens.”


Reactions trail the bill

A federal commissioner in Public Complaints Commission (PCC), Willie Amadi said from the PCC point of view he had taken time to analyse Sections 484 and 485 of the ACJL and that the clarifications and education he was getting was that contrary to the  widely held views that the provisions were inconsistent  with the provisions of the 1999 Constitution, it is rather a provision specifically designed to protect offenders below the age of criminal responsibility and persons of unsound mind. “The ‘any person’ drafting clause is therefore an inelegant drafting delivery which in my humble opinion created ambiguity in its understanding. ‘Any person’ should have been ‘Persons of unsound mind’ or  ‘persons under the age of 17’. “Detaining someone at the governor’s pleasure is not a novel development. It has always been in our criminal procedure law and other states of the federaration  have similar laws in their criminal administration law.”
He further clarified that persons to be taken care  of by the law are those bereft of the requisite sanity to face trials and juveniles that are condemned by the courts but cannot be sent to prison because of their age. Also, a former deputy speaker, who now represents Mbatoli state Constituency, Rt Hon Okey Onyekanna seized the opportunity to let his constituents and Imo people know that he was not privy to the insertion of what he called anti-democratic clauses to the bill purportedly passed by the assembly and signed into law.
 “My position is clear. The strange section 484 which allows suspects to be detained at the pleasure of the governor is unjust and unfair. It also provides that a person must obtain a license before he or she is released.” He said all these were not part of the draft bill enacted by the assembly.In a paper presented on the ISACJL a few days ago, Prof Nnamdi Obiaraeri of Imo State University said without mincing words, ” No doubt these provisions of sections 484 of ISACJL 2020 are not only draconian but scandalous as they vest absolute powers on the governor contrary to the express provisions of International Bill of Rights, African Charter on Human and People’s Rights and the 1999 Constitition. 
“It is left to see how these kinds of monstrous provisions that do not deserve any pride of place in a democratic society and rule of law will survive the long standing decisions of courts, especially the Supreme Court.”Ambrose Nwaogwugwu, head of Imo PDP social media unit noted that the bill was introduced by PDP’s Hon Frank Ugboma during the administration of Emeka Ihedioha but was passed under Senator Hope Uzodinna.
 “However, what begs belief is how a particularly obnoxious sections were contemptuosly smuggled into this law, a development which has ruffled feathers and created an atmosphere of discontent in the state. “The section is not only repugnant to natural justice, equity and good consciousness but portrays  this law as draconian and anti-people.”
Hon Dele Onyemaechi representing Owerri-west State Constituency without necessarily commenting on  the bill simply pleaded with the good people of the state to calm down and not allow the issue to destroy the peace as the lawmakers  were in a position to  address or readdress the situation.

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