Ebonyi’s New Law Disqualifies Police From Prosecuting Criminal Matters– AG, Cletus Ofoke

By Unini Chioma -September 15, 2019

Ebonyi State has repealed all hitherto existing laws and procedures in the administration of criminal justice. This followed the effectual commencement of a new law on Administration of Criminal Justice delivery, tagged: “Administration of criminal justice law of Ebonyi State, otherwise known as law 014 of 2019.”

The State Attorney General and Commissioner for Justice, Cletus Ofoke, made this known on Friday while briefing newsmen on the provisions of the new law.

According to Ofoke, who is also the Chairman, Ebonyi State Criminal Justice Sector Reform Committee, the new law was an adopted replica of the Administration of Criminal Justice Act of the Federal Government, which was assented to by President Goodluck Jonathan, Goodluck Jonathan in 2015.

He stressed that the law was aimed at further protecting the rights of citizens while enhancing quicker dispensation of criminal justice as well as eliminating prisons congestion.

The Commissioner explained that the Nigeria Police under the new law was no longer qualified to prosecute criminal matters in the courts on behalf of the State except as a lawyer.
He emphasized that all criminal matters henceforth were to be prosecuted by lawyers from the State Ministry of Justice.

Ofoke further explained that the law, apart from providing for a mechanism for effective reformation of prison inmates, also provided for the adoption of alternative dispute resolution system while also introducing the application of compensatory instrument as a means of appeasement in criminal justice administration.

Ofoke recalled that Governor David Umahi assented to the law on September 6 2019 after passing through the State House of Assembly.

He also emphasized that the law, which was a domestication of criminal justice administration in the State, emanated from the Administration of Criminal Justice Reform act of the Federal Government.

Ofoke explained detailed: “This morning, it is my privilege to talk to you about the innovations in the administration of criminal justice in Ebonyi State.

“By this law, Police officers are no longer qualified to prosecute criminal matters in our Courts.

“All criminal matters henceforth are to be prosecuted by lawyers from the Ministry of Justice.

“This law has made provision for compensation to victims of crime.

“You will recall that before now the end of criminal justice was incarceration of the perpetrator in the Nigeria Prison Service, now Nigeria correctional Service, while the ultimate end is sentence but this law has deviated from that.

“Now apart from all that, one can also be asked to adopt the alternative dispute resolution system which is embedded in this law.

“In other words, victims of crimes can now get compensation just like victims in civil cases in the form of payment for damages.

“It emphasises restorative justice system.

“Before now there is an assumption that an inmate serving a particular sentence has no other right to do any other thing apart from serving out his sentence.

“But by this law, a convict can now be reformed while in custody of the Nigeria Correctional Service.

“The essence of all these are to make sure that citizens of this country are given adequate protection in terms of their fundamental rights.

“With this law, all former laws that has hitherto been guiding administration of criminal justice in the Magistrate and High Courts in the State have been repealed and henceforth guided by this new law.”

Ofoke, while commending the Governor for giving assent to the very important law, advised the Ebonyi public to access a copy of the law in the Ministry of justice for further guidance.

He enjoined all and sundry, especially critical stakeholders in the justice sector: the police, Army, Nigeria Security and Civil Defence Corps, Nigeria Correctional Service, Nigeria Immigration Service among others to avail themselves of the provisions of the law in their service delivery.