Read on Twitter
Here is a Thread on the Ludicrous Criminal Justice System in Nigeria and how you can wake up one morning in your bed, eat food, get arrested for not doing anything, and spend that night in KiriKiri or Ikoyi Prison, legally.
A Threaddddd!
A Threaddddd!
1. Now, one thing you must know is that although, everyone is innocent until proven guilty, in Nigeria, you will be treated as guilty until proven innocent, by the police, the prison wardens and the entire criminal justice system.
2. In Nigeria, when a person is arrested, he should be charged to court within 24 to 48 hours depending on the proximity to a court from the station.
Ideally, before a person can be charged to court, the police (prosecutor) must have a “prima facie” case
Ideally, before a person can be charged to court, the police (prosecutor) must have a “prima facie” case
3. Prima facie case means there must be evidence linking the “suspect” to the crimes you are alleging. This prima facie case should be present before arraignment starts. Now, arraignment is when the suspect enters the dock and pleads guilty or not guity to the charges read to him
4. After the charge is read, if he pleads guilty, he has eased the burden of the prosecutor and the magistrate/judge will most likely convict on the spot and give appropriate sentencing. Not in capital offences though. The prosecution still has to prove that
5. Now, if a person pleads not guilty, it means he is putting himself on trial and then the prosecutor has to prove beyond reasonable doubt that he did what they said he did. The next step is for the suspect, now “defendant” to apply for bail
6. Now, this bail will most likely be granted for bailable offences. These are non capital offences like Murder, Armed Robbery, Kidnapping, e.t.c.
Once bail is granted with conditions, the defendant is then remanded in prison custody until the bail condition is met
Once bail is granted with conditions, the defendant is then remanded in prison custody until the bail condition is met
7. At times, it takes time for the bail conditions to be met so a defendant can spend up to a month in maximum security prisons while still having the presumption of innocence. (E.G, Naira Marley). The Magistrate must interview the sureties and addresses must be verified
8. If the sureties and all documents required are satisfactory in the eyes of the Magistrate, the order for release is given and the defendant can be let out of prison and thereafter go to court from his home on appointed dates until the case is properly determined.
9. Now, these are the problems with this style of criminal justice administration. If a rogue police man sees you on the road and tries to extort you for money and you refuse, he can “arrest” you and out of spite because you’re feelin’ stubborn, draw up a bogus charge aginst you
10. Mind you, the charge has no merit. You were simply going on your own. The Rogue Police Officer can say, you were caught “breaching the peace”. No evidence, nothing. Once you get an IPO, your statement is taken. This doesn’t always go smoothly I tell you
11. Afterwhich , if still early in the day, take you to a nearby Magistrate Court and hand over the charge sheet to the resident court room prosecutor which like I said earlier is a police officer
12. Before I go on, it will be pertinent to state that MOST of the police prosecutors in Magistrate Courts are not lawyers. They did not go to the Nigerian Law School. You can be a police prosecutor without studying Law. Only a few actually studied law, after oo. Shame!
13. Now, prosecutor receives the charge sheet, no prior knowledge of the supposed case at all, doesn’t care whether the offence is among the few limitation period offences, whether there’s actual evidence. They don’t know Nada about that case, but they go to prosecute it
14. They add it to the list of fresh cases that day and the whole “arraignment process” I described above happens, till the point of bail. That’s if the defendant even has time or money to quickly contact a lawyer to apply for bail and start the perfection process
15. So a person can wake up one day, go out and be caught anywhere, maybe by mistake, raiding or someone making a unsubstantiated complaint against you, some even civil in nature and without any evidence, any solid proof, get charged and remanded in kiri kiri under 24 hours
16. The number one problem is that the prosecutors don’t even know law to the point of knowing which case they can truly win. They are also not concerned with how many cases they lose as their promotion and salary is not dependent on it. American prosecutors will never
17. charge someone if they know they can’t prove it and win. It ruins their conviction record and sets a bad tone for them. But here?They lose cases everyday, cases get thrown out everyday, still they take civil cases to court as criminal, cases without merit. There’s no backlash
18. It’s like you working in a law firm and keep losing cases. Will you be promoted or taken seriously? That’s if you don’t lose your job sef.
Also, during bail process, the prosecutor is the one who must verify the address of the sureties. They won’t budge until you drop money
Also, during bail process, the prosecutor is the one who must verify the address of the sureties. They won’t budge until you drop money
19. How can you give the prosecution the power to either make or mar a process of bail wherein he must have opposed that bail application. Is that not an indication that he might frustrate the process. Even registrars want a tip. Bail process is tedious AF in Nigeria
20. All these while, the innocent defendant is in prison chilling with 35 other roommates in a 6 by 4 cell. God!
21. I suggest that Nigeria should amend the criminal justice laws to allow a motion to dismiss even before arraignment based on lack of prima facie case. This way, before a person even enters the dock, show to the court any piece of evidence linking him to the offence alleged
22. This way, there will be no arraignment first and there will be no need for bail and remanding in prison waiting on trial. If the prosecutor can show any piece of evidence that has weight apart from coerced written statements and the court finds it satisfactory, arraignment
23. Can begin. But if thre defense counsel makes sound opposition to the flimsy case brought by the prosecution calculated to waste the time of the court eventually, let the case be dismissed on the spot and the defendant go home that they
24. This will remove that unnecessary power from the police who will threaten people with court charges because they know at least they will spend 3 days in prison. Kiri Kiri is not somewhere you want to go at all. Read @fisayosoyombo’s thread and you ll know.
25. So finally guys, be careful out there. When you see police raiding, run oh. Don’t wait and say you will explain yourself. Be wise.
Watch the time you walk around and the environment you find yourself in. If they pack you, they charge, you sleep in kiri kiri. Be safe! RT !
Watch the time you walk around and the environment you find yourself in. If they pack you, they charge, you sleep in kiri kiri. Be safe! RT !
