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BY HENRY OJELU

The chairman of the Nigerian Bar Association Section on Public Interest and Development Law, NBA-SPIDEL, Dr Monday Ubani has kicked against some unlawful practices by security agencies in the discharge of their duties.

Some of the unlawful practices he identified include illegal arrest and unwarranted harassment of lawyers, needless transfers of cases to the nation’s capital Abuja, and compelling lawyers and visitors to drop their telephones at the entrance of security agencies’ offices.

In a statement at the weekend, Dr Ubani condemned the practices which he said were unlawful and a clear abuse of the right of lawyers and other people affected.

On the frequent arrest and harassment of lawyers in the course of performing their lawful duties, Ubani listed some lawyers who suffered arrest, abuse and harassment in the hands of security agencies and said such practices must stop.

He said: “The NBA- SPIDEL observes with dismay some of the ill-practices that are rampant with the security agencies whenever legal practitioners interact with them in carrying out their duties on behalf of their clients.

“The maltreatment ranges from brutalization of the lawyer to denial of the use of their communication gadgets and to transferring cases of the clients to Abuja even when all the parties (complainant/plaintiff) reside outside Abuja.

“The numbers of lawyers who have been wrongly arrested, detained, brutalized, harassed and disgraced are too many to mention here. Some of them are Mr Justin Gbagir esq, NBA Makurdi Chairman that was grievously assaulted recently by EFCC Zonal Commander in Benue State, Mr Shamsudden Musa who was recently detained for 105 days by the police in Abuja and Mr Ozunye. G. Nsirim was detained and charged to court for defending his client by the Police Command of Rivers State.

“So many of the lawyers that were assaulted and harassed by the security agencies over the years were unreported and not brought to our attention. We deprecate this abnormal practice on the part of the security agencies in Nigeria and we as a Section (SPIDEL) shall convey urgently a parley to the Heads of all Security Agencies in Nigeria so that each stakeholder will understand their role and responsibility under our extant laws and also the roles of a lawyer in the administration of criminal justice system.

On the practice of compelling visitors and legal practitioners to drop their phones at the entrance of security agencies, Ubani said: “This practice of dropping phones at the entrance of the agencies has no legal backing as there is no existing legislature supporting it.

“Most importantly is that the reason advanced for the practice is not only laughable but illogical. What is the security implication of allowing Nigerian citizens to use their phones in the Police, EFCC or DSS offices? none that i know. Surprisingly the officers use their phones in their offices freely while they take pleasure in depriving the usage of others whose phones have become their offices.

“In some instances, the senior officers allow certain categories and privileged Nigerians to come in with their phones, not giving any reason for a such discriminatory practice.

“Communication gadgets have become our offices in this Post-Covid Era. The truth of the matter is that the harmful activities like torture, demanding bribes and harassment that go on in the various security offices make it imperative and convenient for them to ask that phones be dropped, the purpose of which is to hide these negative practices.

“As long as there is no law backing this practice, it is our own candid view that it is an infraction of the fundamental rights of the citizens and we advise that the practice be abolished forthwith. 
Under Post-Covid Era our phones and tablets have become our offices and any practice that obstructs the usage of our office in this era is wrong, illegal and deprivation of our constitutional rights to own property, the right to receive and impart information, the right against discrimination e.t.c.  It is an unreasonable and illegal practice.

On the indiscriminate transfer of almost every criminal case that occurs outside Abuja into Abuja to the office of the Inspector General of Police in Abuja, the Office of EFCC or the Abuja Head office of DSS, Ubani said: “We cannot say for sure that these agencies do not have knowledge and understanding of jurisdiction in administration of criminal justice.

“Section 12A of the Criminal Code and Section 4(2) (b) of the Penal Code are the relevant provisions on territorial jurisdiction matters. Section 504 of the Criminal Code Act 1990 states “for the purpose of giving jurisdiction under this chapter, every offence shall be deemed to have been committed and every cause of complaint to have arisen either in the District in which the same actually was committed or arose or in any District in which the offender or person complained against or may be found”.

“The position of the law in Nigeria is that offence committed in Lagos cannot be tried in Abuja no matter the gravity of the offence. This practice of arresting or inviting every accused person to Abuja by the Office of the Inspector General of Police or Chairman of EFCC or Director-General of the DSS concerning offences that occurred outside Abuja is not only illegal but unreasonable.

“We hereby raise issues against arresting Nigerian citizens outside Abuja and bundling them into Abuja for investigation.  Most times after investigation is concluded, and nothing is found, the accused would be made to pay for his hotel, air or road transport fare back to his base and asked to come back at his own expense or as often as the agents demand his presence.  This practice is absurd, condemnable, wicked and dastardly. Who bears the loss of unnecessary expenses?

“Why can’t the accused be investigated at the state where the alleged offence is committed? Why does every big man who has a case at the State level prefer to use the office of the IG or the DG of DSS or the Chairman of EFCC to intimidate his opponent? Why do the Heads of these agencies give heed to this unlawful and wicked practice that has no legal foundation?

“It is our belief that the practice must stop forthwith. It is to the knowledge of everyone that every security agency has their offices virtually in every state of the federation or where not available at a nearby jurisdiction. Those alleged offences should be investigated and tried there accordingly. In the first place, offences tried, and conviction secured outside jurisdiction, will be set aside on appeal because it is illegal to use unauthorized and illegal route to secure conviction of an accused person.

“The wrong impression created by this practice is that officers in Abuja are special breeds perhaps “spirits” who are better trained than officers outside Abuja. We therefore demand that every offence which is alleged to be committed in Nigeria be investigated; tried in the jurisdiction where it occurs unless it can be proved that the accused entered Abuja after the initial element of the offence occurred elsewhere.

“In conclusion, it is our belief that the Nigerian Bar Association as a partner in the administration of justice generally should also be in the forefront in helping the citizens understand the operation of our laws and perhaps partner with all major stakeholders in the same vein to achieve a seamless administration of criminal justice that will be highly beneficial to our country.

“To actualise this, we solicit the understanding of all the major stakeholders in the country to attain a position where best international practices in every sphere will be our priority. It is only in doing this that our country will be regarded as a developing nation that has regard for the rights of the citizens and the rule of law. It is a collective responsibility we believe,” Ubani concluded.