What are the plights of state counsels and prosecutors in Nigeria?
At the Federal Ministry of Justice, there is a lingering and perennial problem that has been on since about 1985. It started when the body of AG took a decision in 1994 on how to harmonize the salary and welfare package of legal officers along with the state legal officers.
Virtually since 1994, a circular was issued and about 80 percent of the states have enforced the circular. But it is becoming a challenge with regards to the Ministry of Justice. It is a problem that has been inherited and you cannot hold anybody responsible.
Lack of funding has been one of the key issues. In a situation whereby state ministries pay their legal officers or state counsels higher than that of the federal government is so ridiculous it has dampened their moral.
Our lawyers are exposed everywhere so these are part of the challenge we are asking the federal government to look into this matter. Lawyers cannot go on strike anyhow. Look at the academic staff and the medical doctors, they have legitimate ways of embarking on strikes but lawyers being what they are – a noble profession, they follow the necessary procedure to ensure that the government listen to them.
What are the main difference in terms of the federal state counsels and the state governments counsels?
In terms of difference, virtually the training is the same, we go to the same law school for our training, but when it comes to our statutory duties, the state may probably have some limited departments because the federal may be larger. However in terms of handling civil and criminal matters, the functions are the same, there is no clear difference.
We see that MDGs firm out briefs to private law firms, is it that the state counsels are not competent?
The most sensitive cases we are having are terrorism cases; I can assure you that our lawyers through the able leadership of the Director of Public Prosecution and the AGF, are doing very well. We have to partner with the NBA, there are some high profile cases and in order to safe guard the principles of fair hearing, it is a global practice. In some ministries even in America, they firm out cases but if we want to use our internal lawyers I can assure you if there is good training, the way the foreign agencies are now coming to the aid of the ministry, UNODC and the EU come and train our lawyers, they can excel before you talk about firming out cases.
To what extent has LOAN been able to cater for its members in the ministry?
The idea behind LOAN is for the members to come together and it is part of our objectives, we address issues together. In fact we assist the management because it is a voice of the voice less. When we come together, and there is a national or internal issue, we go through our monthly meetings to raise issues , so our members are carried along.
I mean housing, car loan, training for example. How do you expect life in Abuja to compare with life in other states? We now have a single voice in demanding for a uniform salary scale. We went to the same law school and there should not be any barrier in terms of welfare and benefits.
It is now rampant that your members are elevated as judges, how do you feel when such members leave?
It is part of the remuneration. When you work hard and you reach that level, you need to be compensated. It is a very good development and part of encouragement because I know of our colleagues and seniors who are now high court judges. But that is not enough. Not everybody will have the opportunity of becoming a judge, some of us could be politicians but when the system improves, whether you are a judge, you will not eye anybody. That is why a lot of people are leaving the ministry because they are looking for the opportunity to be paid well.
What is your position on death penalty?
Legally when you look at the practice at the global level and what the Nigerian Law Reform is doing, there is division amongst lawyers. The essence of punishment is to serve as deterrence, so when a criminal is arrested and there is concrete evidence, he should be prosecuted. The manner of the punishment whether days, months or death are all the same. What we should be after is that the victim should see that justice is done at the end. Then the state should make sure that people are punished because of security challenge. As far as am concerned I do not see anything wrong with the death penalty in Nigeria which is a multi-religious society.
What is your take on the proposed Criminal Justice Administration Bill?
That law is going to help a lot. The issue of holding charge will be addressed properly such that there will be a reduction in the number of inmates kept in prison awaiting trial. The law empowers magistrates to release people in custody for no just cause if after the return date and nothing is done the law empowers the magistrate to release that person conditionally or unconditionally. When this law is fully in place prison congestion will reduce. That is one area and it will also fast track criminal trials. All these obsolete provision, the bill will help fast track trials. We need to have a harmonized environment. The lower house has passed the bill remaining the Senate. The Bill will assist our prosecutors, judicial officers and the victims. We implore the federal government to be leading in things like this.
