Lawyers yesterday backed the push for a decentralised police.
They said state police will ensure better security because “all crimes are local in nature”.
Besides, they disagreed with Attorney-General of the Federation and Minister of Justice Mohammed Adoke’s call for the merger of anti-graft agencies – the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Offences Commission (ICPC).
The Nigeria Bar Association (NBA) called for the decentralisation of the Federal Road Safety Commission (FRSC) and the Nigerian Prisons Service (NPS).
NBA President Joseph Bodunrin Daudu told reporters at the end of a three-day Criminal Justice Reform Conference in Abuja that the call for the merger of EFCC and ICPC is not in the best interest of the country’s desire to fight corruption.
He said: “In my view, I think the ICPC should be strengthened to demonstrate the capacity, like the EFCC. I think the politicians are not too comfortable with having two anti-crime bodies assisting the police.
“Like I said, Nigeria is underpoliced. I don’t agree with the AGF; we have the funds to run both organisations. Definitely, we have sufficient number of criminals for both of them to pursue without running into any difficulty.
“Is the inefficiency of the anti-graft agencies due to the similarities of their functions or due to leadership failure and the under-funding of these agencies?
“The government should re-examine its strategy to the ICPC and should increase the capacity of the ICPC so that it can become as attractive in terms of functionality as its counterpart, the EFCC.”
Daudu rued the absence of President Goodluck Jonathan and Inspector General of Police Hafiz Ringim at the conference organised to address a perceived growing crisis in the administration of criminal justice.
He said he personally took the letter of invitation to the State House and presented it to the President, but President Goodluck Jonathan sent neither a representative to the opening ceremony of the conference nor an apology.
In a communiqué issued at the end of the conference, the NBA said considering the diversity and the population density of Nigeria, “it is no longer feasible or pragmatic to continue to insist on a mono-police force for the entire country”.
To the association, most crimes are local in nature, so the “introduction of State police and community policing to reflect true federalism” will help to stem the challenges.
The NBA urged the National Assembly to urgently provide the enabling environment for urgent criminal justice reform to be based on the constitution.
The umbrella body of lawyers also called for a constitution amendment, “particularly as it relates to the creation of state and community police and other related federal institutions on carefully thought-out modalities that will allay the fears of critics that such organs may be hijacked by state authorities to fan embers of disunity”.
“Introduction of State Police and community policing to reflect true federalism as effective policing must be rooted in the community because most crimes are local in nature,” the NBA said.
The conference urged the National Assembly to probe the Prisons Decongestion scheme that cost billions of naira yearly without any improvement.
The NBA lamented that there are over 10 justice - sector related bills pending before the Senate and the House of Representatives at various stages of legislative process.
The non passage into law of these Bills “is adversely affecting the machinery of justice in Nigeria”.
The Bills include: The Administration of Justice Commission Bill, the Police Act Amendment Bill, The Community Service Bill, The Victims of Crime Remedies Bill, The Prisons Act Amendment Bill and The Elimination of Violence in Society Bill and Evidence Bill.
To tackle corruption, the NBA said: “Emphasis must move from media-slanted crime fighting techniques of the present-day police and EFCC where suspects are paraded on television and on the pages of newspapers and after the initial furore, nothing is heard again about the process of concrete prosecution only for the case to be dismissed on account of poor investigation and prosecution to genuine and conscientious prosecution preceded by proper investigation.”
It said that the law must be used as an instrument for positive change, thus the need for a fundamental commitment to a just, reliable, consistent and fair enforcement of the law.
The NBA said a comprehensive review and reform of the criminal justice system should touch Criminal/Penal Code, Criminal Procedure laws, Abolition of the holding charge, introduction of and establishment of guidelines for plea bargaining, as in Lagos State, and establishment of sentencing guidelines and commissions.
It urged the government to review the penalties and fines in the statute books to reflect the economic realities. Besides, there should be money–bail and bondmen to ensure attendance of accused at trial in cases involving allegation(s) of economic and financial crimes, such money-bail not being less than 20 percent of the sum or property involved.
The communiqué also charged the leadership of NBA to put in place appropriate legal framework to categorise any conduct by legal practitioners capable of negatively affecting Criminal justice delivery or intended to unduly prolong hearing and determination of cases.
“That alternatives to imprisonment, such as parole, suspended sentences and community service, should be encouraged and restorative justice will be better addressed with the enactment of Enactment of Victims Compensation Act while there must be conscious effort at reorientation of the basic policy of correctional institutions from retributive punishment and deterrence to reformation, rehabilitation & resettlement.
“Introduction of State Police and community policing to reflect true federalism as effective policing must be rooted in the community because most crimes are local in nature.”

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