A circular dated April 23, 2024 from the Grand Kadi directed all judges of the Upper/Grade I Area Courts in the FCT to suspend entertaining criminal matters.
”Due to some recent series of unfortunate events, the Grand Kadi has directed suspension or entertaining criminal matters which includes ; receiving and registering direct criminal complaints, registering of First Information Report (FIR) from the police or any prosecuting authority.
“All criminal proceedings should be terminated forthwith. This directive is with immediate effect and should remain until further notice” the circular reads.
Reacting to the development, An Abuja-based lawyer, Olarewaju Osho said the suspension order had adverse consequences on dispensation of justice.
Osho criticised the decision of the Area Courts Authority (Grand Kadi) placing on hold every on-going criminal cases.
“Criminal cases being placed on hold or outrightly terminated, is not good for the society as many suspects are in prison awaiting trial.
“Our magistrates’ courts are not enough to handle these cases and this may result in cases dragging or not attended to.
“If all cases are pushed to magistrates courts, they will be overwhelmed. Besides, most Magistrates courts close as early as noon or 2pm.
“When the police bring cases after the closing time, no magistrate will be available to handle them.
“In this case, the police may be compelled to release the suspects. Also, those people in the prison, awaiting trial, what then becomes their fate,” Osho complained
He added that before suspending the Area Courts from treating criminal cases, there should have been adequate preparation.
The lawyer said: This development will definitely increase crime in the society, because if police bring matters and is not attended to, they will be forced to free them back into the society.”
According to him, the scope of FCT is very wide and most criminal cases in the FCT are being handled by Area courts.
He said, instead of terminating or suspending criminal cases in these courts, there should be clause stating that any judge that is not a lawyer (call to bar) should not treat criminal matters.
“The Grand Kadi should not see Area Court Judges as incompetent. As long as they are lawyers, they are competent to handle criminal cases.
“If you are not a lawyer, don’t handle criminal cases which is in line with section 494 of the Administration criminal justice act 2015 to be precise,’’ Osho said.
“The lawyer also expressed dissatisfaction over the memo, saying that Grand Kadi should have waited for Appeal Court’s ruling as the matter is still pending in the court to determine Area Court’s competency’’.
He noted that it was not appropriate for the Grand Kadi to take such decision unilaterally, without consultation.
Osho urged the Grand Kadi to withdraw the controversial memo and come out with a fresh one mandating only judges who are lawyers called to bar, to preside over criminal cases henceforth.
He added that when such rule (clause) is added, it will go as far as motivating those that are not lawyers to go back to school and acquire the appropriate certificate required.
Making reference to the police system, Osho said that when the police was stopped from prosecuting cases, the call for review went as far as the Supreme Court in the case of FG vs Osaho.
“The Supreme Court eventually ruled that as long as you are a police man and a lawyer, you can prosecute to any stage in any court, at any time.
“This decision made most police prosecutors to go back to school and eventually called to bar and presently, they can beat their chest and prosecute without fear.
“If such is applied in Area courts, it will motivate most judges that are not called to bar to go back to school and do the necessary,” Osho advised.
A businesswoman, Mrs Bisola Williams said that she flew from Ibadan, Oyo State for her case in Abuja which had been ongoing for two years.”
According to her, the court was almost delivering judgment in the matter before the new directive halting Area Courts from handling criminal matters
“My case will suffer delay. I have spent money on legal fees, my transportation and my time all wasted,” she said
However, a legal practitioner, Yakubu Oaikhena, argued that there was an act establishing Area Courts, Abuja which was codified in 2006 and reflected the 1968 laws of Area Courts of Northern Nigeria.
“Under that law, Area Courts had the jurisdiction to handle criminal matters.
“However, in 2010, the 2006 Act was repealed and a new one was enacted which is called the Federal Capital Territory Area Court Establishment Act of 2010,
“Under the FCT Area Court Act, Area Courts has only civil jurisdiction, they can no longer handle criminal matters,” Oaikhena said.
He argued that the Magistrates Courts would not be over burdened with cases that would be transferred from the Area Courts because more can be created.
“When criminal matters are handled by Magistrates who are also trained lawyers, justice would be better served. Some Area Court judges need not be lawyers to be appointed,” he said.
Another legal practitioner, Odion Okokpujie said that the procedure adopted in Area Courts is not in consonant with the Administration of Criminal Justice Act (ACJA).
“Some of the presiding judges in Area Courts are not lawyers. On the other hand, the Magistrates adhere to the rules and provisions of the constitution.
“Bail is at the discretion of the court but most Area Court judges decide the conditions with the prosecutor and use bail as a punishment to innocent defendants.
“Charges before a court are assumed to be allegations until proven otherwise. I will be happy for them to be stripped of the jurisdiction of criminal proceedings,” Okokpujie said.
He added that, if a crime was committed in Kubwa or Byazhin, prosecuting counsels would take such cases from the Police Stations to Jiwa district, which is outside the jurisdiction of the offence.
