The power to prosecute cases in court will be removed from the Nigeria Police in order to enable it concentrate on investigations, Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Adoke (SAN) has said.
He observed that although the Police, by virtue of the Police Act, is empowered to undertake prosecutions, such powers are no doubt under the supervisory mandate of the office of the Attorney General under the 1999 Constitution of the Federal Republic of Nigeria.
Speaking on Monday at the national dialogue on Torture, Extrajudicial killings and National Security: Human Rights implications, Adoke implored security agencies not to perpetuate a cycle of violence and brutality in the quest to stamp out the evil of terrorism and extremism, adding that terrorism is itself a direct attack on human rights and the rule of law.
“If we sacrifice them in our response, we are handing a victory to the terrorists,” he said. “We have, in the course of time, studied this situation and we are quite convinced of the need to encourage the Police to focus on the investigation of crime. We have also observed that lay prosecutors are ill-equipped to respond to questions of law when raised by defence counsels.”
He disclosed that he has adopted draft prosecutorial guidelines and codes, which are intended to enhance professionalism and incorporate best practices in the discharge of prosecutorial duties.
He also noted that important issues to a democratic response to the threat of terrorism include the protection of individuals and communities, stabilisation of existing conflicts and discontents, countering of harmful and extremist ideologies, and deployment of adequate response to economic and social insecurities contributing to the growth of terrorism, such as migration, rapid urbanisation, unemployment and role of militant NGOs or extreme forms of religious education.
“Although much of counter-terrorism is covert and proactive, measures that will deprive citizens of their liberties must, in democratic societies, be authorised by legislation and moderated by the judiciary,” he said. “This presents complex problems of policy and judicial discretion and cast iron principles are notoriously difficult to prescribe.”
He noted that several reasons have been advanced to rationalise the rising wave of police brutality and extra judicial killings to include policemen’s condition of service, particularly poor salary, living conditions in the barracks and low self-esteem. He noted that the recommendations of the recently submitted report of the Presidential Committee on Nigeria Police have addressed them.
Also speaking, Executive Secretary National Human Rights Commission, Prof. Ben Angwe said the dialogue was convened to brainstorm on modalities to end the culture of impunity by the society and the law enforcement agencies.
