Crime/Justice
Appraisal Of Justice Simeon Amadi’s Two Years In Office
The Hon. Justice Simeon Chibuzor Amadi (the incumbent Chief Judge) took his oath of office as the 9th Chief Judge of Rivers State on 26th of May, 2021. The 25th of May, 2023 made him two years in office. This article seeks to evaluate the performance of the Hon. Justice Simeon Chibuzor Amadi, in his capacity as the Chief Judge of Rivers State within the last two years in office as the Chief Judge of Rivers State.
Good governance has now achieved a global dimension. Rivers State of Nigeria can be argued to be the headquarters of good governance in Nigeria within the past eight years. The Government of Governor Ezenwo Nyesom Wike, which will be rounding up on the 29th day of May, 2023, no doubt has remodelled infrastructural good governance and demystified “the second term prophets of doom.” Whether we can safely conclude that this mood of good governance in Rivers State have found profound expression in the Rivers State Judiciary in the past two years in office of the incumbent Chief Judge will depend on evaluation of His Lordship’s judicial policies, from the first to the most recent policy reform framework, through the instrument of subsidiary legislation.
High Court of Rivers State Exemption of Payment of Default Fees Practice Direction, No. 3 of 2021
The strike embarked upon by the Judiciary Staff Union of Nigeria (JUSUN) was called off in Rivers State on the 14th of June, 2021, shortly after the assumption of office of the Chief Judge of Rivers State by the incumbent Chief Judge. In order to ensure access to justice, the High Court of Rivers State Exemption of Payment of Default Fees Practice Direction, No. 3 of 2021, was issued to be effective on the 15th day of June, 2021. This Exemption of Payment of Default Fees Practice Direction is to exempt the payment of default fees (penalty) for processes that were filed within the specified time provided for in Order 44 Rule 4 of the High Court of Rivers (Civil Procedure) Rules 2010, due to the JUSUN strike, and is to apply to both Criminal and Civil Proceedings in the High Court and Magistrates Court in Rivers State. The imperativeness of the proactive step of the incumbent Chief Judge to issue this Practice Direction before the agitation and protest of lawyers and litigants, whose failure or delay in filling their processes during the JUSUN strike is due to no fault of theirs, suffices for mention.
Rivers State Multi-door Court House (RSMDCH)
After several delays, the Rivers State Multi-door Court House (RSMDCH) was finally launched on Thursday 14th October 2021, by the administration of the incumbent Chief Judge. The RSMDCH offers alternative dispute resolution channel to litigations bothering on trade deals and social relationships; and regulates, encourages and strengthens the alternative dispute resolution (ADR) mechanism in Rivers State. The core objectives of the Rivers State Multi-door Courthouse, as provided in Section 2 of the law is to include the enhancement of access to justice by providing alternative mechanism to supplement litigation in the resolution of disputes, minimise frustrations and delay in the justice delivery system by providing a standard legal framework for fair and efficient settlement of disputes through alternative Dispute Resolution (ADR); Serve as the focal point for the promotion of alternative dispute resolution in Rivers state, and promote the growth and effective functioning of justice system through alternative dispute resolution methods. Access to justice is a constitutional right and the core elements of that right include: speedy, efficient, cost effective administration of justice. There is also a Rule signed by the incumbent Chief Judge to regulate procedure in the RSMDCH.
Practice Direction No. 4 of 2021 on Forum Shopping
Forum shopping occurs when a litigant approaches one court but does not get desired relief and then approaches another court to obtain relief in the matter. It is also the practice of filing a suit in a Court where a party is likely to obtain favourable verdict. The Practice Direction No. 4 of 2021, which came into force on 1st December, 2021, is another proactive effort put in place by the incumbent Chief Judge of Rivers State to check forum shopping and abuse of Court process; to this end, a party or counsel on his behalf is to file affidavit of non-multiplicity of actions when commencing a civil action failure of which the suit shall not be accepted for filling and if inadvertently accepted, the party shall pay a prescribed penalty for each day of default. Bail application are also to be filed in the Judicial Division where the offence was alleged to have been committed, for the bail application in the High Court to be accepted for filling and/or heard, it must be filed with an affidavit of non-multiplicity of bail applications and must confirm the fact that there is no ongoing trial against the Applicant before any High Court for the offence or offences for which the Applicant was remanded by the Magistrate. Although, it can be argued that forum shopping in itself is a litigation strategy and ought not to have been prohibited, however, the prohibition of conducts likely to result to abuse of court process in relation to multiplicity of action on the same subject matter amongst the same or similar parties cannot be faulted.
Magistrates’ Courts of Rivers State Practice Directions No.1 of 2022 (MCRSPD 2022)
The resultant effect of the case of Lufadeju v Johnson [2007] 8 NWLR (Pt 1037) 562 is the protracted trial of Criminal cases in Magistrates’ Courts, congestion of criminal cases in Magistrates Courts and congestion of correctional centers (prisons). The practice of holding charge in Rivers which has impacted negatively on human rights was put to stop by the incumbent Chief Judge of Rivers State through the instrumentality of the Magistrates’ Courts of Rivers State Practice Directions No.1 of 2022 (MCRSPD 2022).
The MCRSPD 2022 was made by the 9th Chief Judge of Rivers State, Justice Simeon Chibuzor Amadi, on the 28th day of February, 2022; but commenced on the 10th day of March, 2022, and it is to be applicable in all Magisterial Districts in Rivers State. The objectives and guiding principles of the MCRSPD 2022 are to eliminate delay in criminal cases, curb the issue of congestion of criminal cases in Magistrates’ Courts and congestion of correctional centres in the State, ensure accurate return of criminal cases and give practical effect to the Rivers State Administration of Criminal Justice Law No.7 of 2015.
Launch of Family Court and Family Court Rules 2022
In December 2022, the Family Court and Family Court Rules were formally launched by the Rivers State Judiciary under the leadership of the incumbent Chief Judge. The Family Court establishment is coming about 13 years after the Rivers State House of Assembly first domesticated the Child’s Rights Act in 2009. The essence of child-friendly justice is to re-orientate and rehabilitate the child. The court will also reintegrate; bring relief and redress to the child, and not inflict corporal punishment or hardship on the child, no matter the delinquency. Under this system, the Court is obliged to listen to children, consider their views and ensure their participation and protection in the process, whether as victims, witnesses or offenders. The Family Court functions in Port Harcourt with four jurisdictions; two High Court Judges and two Magistrates. The Rivers State Family Court is the first digitalised in the Country.
Launch of Small Claims Court and Rules 2023.
In February, 2023, the Rivers State Judiciary launched a small claims court in the state. The small claims court would, among others, improve the speed of adjudication for commercial disputes involving financial claims less than five million naira, by introducing self-representation and delivery of judgments within 60 days, among other transformative procedural rules. Affirming his commitment to implementing more innovative reforms, the Chief Judge of Rivers State, Justice Simeon C. Amadi, DSSRS, stated that the establishment of the court is the latest in a host of judicial reforms being implemented by the state. The Rivers State Small Claims Court as a judicial intervention is a means of speedy, inexpensive and user friendly access to justice. The benefits of the Small Claims Court includes but is not limited to quick access to justice; speedy dispensation of justice; effective and efficient case management system; option of self representation or legal representation; relaxation of the Rules of Evidence; and Cost effectiveness.
Criminal Trial Practice Direction No. 1 of 2023
Notwithstanding the above efforts, the incumbent Chief Judge once again issued the Criminal Trial Practice Direction No. 1 of 2023, which came into effect on the 3rd day of April, 2023. The purpose of the instant Practice Direction is to eliminate unnecessary delay in Criminal Trials and Proceedings, occasioned by the filling of improper applications, fast tracking the hearing and determination of criminal cases including offences of Corruption, Money Laundering, all types of Financial Crimes, Rape, Kidnapping, Human Trafficking, Murder, Interlocutory Applications and Incidental Matters; Take all steps in the expeditious disposal and determination of criminal cases to reduce the delay occasioned by interlocutory applications and all other incidental matters aimed at clogging the speedy dispensation of criminal cases; ensure that the conduct of criminal cases is not stalled by unpreparedness of counsel or the parties; ensure timely determination of all criminal cases. It suffices to state that by virtue of the instant Practice Direction, information or charge to be accepted for filling and unfit for prima facie striking out, must be accompanied with an affidavit stating that investigation has been concluded and that in the opinion of the prosecutor, a prima facie case exists against the defendant and that all the witnesses are ready and available to testify, an opening statement containing issues for trial, list of witnesses and exhibits, written statement on oath of witnesses and a plea form. An opening statement containing issues for defence, list of witnesses and exhibits, written statement on oath of witnesses, plea form and notice of objection to confessional statement shall also be filed by the Defendant on receipt of the information or charge.
By this Practice Direction the Court where it is of the opinion that the case lacks merit, shall within 15 days of receipt of the case file, invite parties to address it as to why such case should not be struck out, and the matter may be struck out where the court is not satisfied with the reason given.
High Court of Rivers State (Civil Procedure) Rules 2023
It suffices to state that on the same 3rd day of April, 2023, the Chief Judge of Rivers enacted a new and leading Rules of Court in Nigeria, that is, the High Court of Rivers State (Civil Procedure) Rules 2023. The Rules not only unified the various Practice Directions issued by the previous Chief Judges since the obsolete 2010 Rules came into effect, but also made far reaching innovations that has now made Rivers State to be the leading innovator in legal procedures in Nigeria, a feat previously enjoyed by Lagos State.
The High Court of Rivers State (Civil Procedure) Rules 2023, amongst other innovations, provides for fast track procedures under Order 4, which seeks to reduce time spent on litigation to a period not exceeding 10 months from the beginning of the action to final Judgment in certain cases; Order 5 provides for fast track procedure in respect to revenue matters of the Rivers State Government; by Order 19 Rule 16, it is now expressly stated in the Rules that a Defendant to an Originating Summons has 21 days after service of the originating Summons to file his response. By Order 25 Rule 3, Discountenance of a suit after commencement of hearing is now expressly fatal, as same shall lead to dismissal and may also attract cost; to mention but a few.
In course of this study, it was observed that this is the first time in the history of the Rivers State Judiciary that a Chief Judge will achieve such policy reforms within the first two years in office, to wit: the High Court of Rivers State (Civil Procedure) Rules 2023, Criminal Trail Practice Direction No. 1 of 2023, Launch of Small Claims Court and Rules 2023, launch of family Court and signing of Family Court Rules in December 2022, Magistrates’ Courts of Rivers State Practice Directions No. 1 of 2022 (MCRSPD 2022), Practice Direction No. 4 of 2021 on Forum Shopping, Rivers State Multi-door Court House (RSMDCH) and Rules and High Court of Rivers State Exemption of Payment of Default Fees Practice Direction, No. 3 of 2021, amongst other infrastructural developments and institutional reforms.
One of the main things research shows is that a new and innovative Civil Procedure Rules is on the way for the Magistrates’ Court in Rivers State and may be ready any time soon. Indeed, the last two years in office as the Chief Judge of Rivers State has been that of impactful judicial activism through policy reforms. Like Oliver Twist, stakeholders in the justice sector in Rivers should ask for more.
In view of the foregoing, and shun from all embellishments, we can safely conclude that the mood of good governance in Rivers State have found profound expression in the Rivers State Judiciary, in Hon. Justice Simeon Chibuzor Amadi’s first two years in office as Chief Judge of Rivers State.
By: Setechi Eli
Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.
Esaenwani Baribor Ferguson
Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.
The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.
King Onunwor
The Rivers State Police Command says it has begun orderly room trial for the three erring personnel and has issued official query to three officers for allegedly extorting two young men of N4 million in Aba, Abia State.
The officers were identified as Assistant Superintendent of Police (ASP) Doubara Edonyabo; ASP Talent Mungo; and Inspector Odey Michael.
Addressing journalists while parading the three officers, the State Commissioner of Police, CP Olantunji Disu said immediate steps were taken to apprehend the officers and a thorough investigation was conducted to ascertain facts surrounding the incident
The State Commissioner of Police, who was represented by the command’s image maker, SP Grace Iringe-Koko, said $3,000 was extorted from the victims, equivalent to N4.2 million, stressing that the money had been recovered and released to the victims on January 18.
“Following a comprehensive inquiry, it has been established that the actions of the officers in question were in clear violation of the law and the ethical standards expected of members of the Nigeria Police Force. As a result, appropriate disciplinary measures are being taken to address this grave misconduct.
“The Rivers State Police Command is committed to upholding the highest standards of integrity, professionalism, and accountability. The behaviour exhibited by the implicated officers is completely unacceptable and does not represent the values and principles of our organisation. We deeply regret the negative impact that such misconduct may have on the reputation of the Rivers State Command and the Nigeria Police Force in general,” the spokesperson said.
She, however, stressed that the actions of a few individuals should not overshadow the dedication and sacrifice of the vast majority of officers who serve with honour and distinction.
She stressed that the Inspector General of Police has consistently articulated a zero-tolerance stance against corruption and misconduct within the Force, and that this incident does not reflect the aspirations of the Nigeria Police Force.
She assured that Rivers State Police Command would remain resolute in its commitment to serving and protecting the community with utmost professionalism and integrity.
Akujobi Amadi