Editorial
Improving Criminal Justice Delivery
The December 2021 jail delivery exercise by the Chief Judge of Rivers State, Justice Simeon Amadi, during
which 27 inmates of the Port Harcourt Maximum Security Correctional Centre were granted pardon and discharged, has again brought to the fore the need to improve the effectiveness and efficiency of the judicial system in the state.
The freed inmates included those who were either awaiting trials and had spent more than eight years in detention, as well as those who had health challenges. According to the Chief Judge, the jail delivery was in the exercise of his “powers in Section 34 of the Rivers State Administration of Criminal Justice Laws” (ACJL) and added that the decongestion of the correctional centres should be a major concern for stakeholders in the administration of justice.
Justice Amadi attributed the congestion of the correctional centres to several factors, including non-filing of information on case files, wrong charges, lack of diligent prosecution, among others. He said, in the pursuit to achieve decongested custodial centres in the state, the management of the state judiciary had “approved that periodically, magistrates will be posted to the centres to continue the exercise”.
Undoubtedly, the judiciary, which is the third arm of government, performs a very important function of interpreting the law. It dispenses justice without fear or favour. Most importantly, the administrators of the judiciary are desirous of speedy justice dispensation because justice delayed is justice denied.
Interestingly, in both criminal and civil justice administrations, time is of the essence as delay defeats equity. However, recent happenings in the criminal justice administration in Rivers State appear not to take cognizance of the very essence of time. The Administration of Criminal Justice Law of Rivers State 2015 was no doubt enacted to facilitate justice delivery but unreasonable delays continue to be a pain in the ass as there is seeming unwillingness on the part of both the judiciary and public prosecutors to help matters.
The law is explicit, “A defendant charged with an offence punishable with imprisonment for a term exceeding three years shall, on application to court be released on bail…” except for certain reasons. The resultant effect of unreasonable delay is that the correctional centres in the state have become a dumping ground for all manner of defendants, sometimes over fathom and frivolous charges.
Unfortunately, the correctional centres in the state are filled to the brim. The Port Harcourt Correctional Centre which was initially meant for about 804 inmates now has more than 4,000 with attendant congestion and health hazards. There is obviously nothing to learn at the centre except the ugly experiences that inmates pass through. Many inmates who ought to be refined after their experiences come out hardened and society is worse for it.
Surprisingly, Amadi, during his recent jail delivery, discovered to his chagrin that certain inmates at the Port Harcourt Correctional Centre had no files. As benumbing as the fact appears, it underscores the fact that their detention at the correctional centre can only be adjudged illegal. Every detainee at the correctional centre must have been brought there upon a charge known to law. If the charge is bailable, the Magistrate’s Court must “suo moto” grant bail whether on the application of the defendant’s counsel or not.
Regrettably, that is not the case today. The supervisory role of Chief Magistrates to visit police stations in the local government areas where they have their courts is often neglected. Besides, withholding charges, a situation where matters are referred to court without the requisite jurisdiction have worsened delay in justice delivery.
For many years, defendants often await the advice of the Director of Public Prosecution (DPP) but to no avail. Most defendants are remanded in correctional centres without trial for more than 10 years despite the constitutional provision that an accused is presumed innocent until proven guilty by a court of competent jurisdiction. Some defendants, in the course of awaiting trial, serve out the prison terms of the alleged offences if they were properly convicted, yet, cannot regain freedom.
Pathetically, these defendants are abandoned to their fate; no information is filled and there is no advice from the DPP. Even when bail applications are made to the High Court by counsel on their behalf, the judges stick to the old order of not easily granting bail to applicants charged with serious offences often without a diligent perusal of the defence counsel’s motion and accompanying processes.
One condition for the grant of bail to a defendant charged with murder is the defendant must have remained in detention for one year and above without arraignment, absence of information as well as trial. Another reason for granting bail to an applicant charged with murder pertains to the health status of the detainee. If the applicant is seriously ill, he or she can be granted bail.
The situations under which a defendant charged with a serious crime can be granted bail are provided for in our extant laws, especially in the ACJL, yet, the conspiracy of the judges who stick to the old order and public prosecutors who arbitrarily oppose bail applications have put paid to the efforts to ensure speedy dispensation of justice.
To ensure a speedy dispensation of justice in the state, all hands must be on deck. The State Ministry of Justice and the judiciary must live up to their billings. This is because the number of inmates at the correctional centres across the state is increasing by the day as many defendants remain without trials for a long period.
Again, judicial officers still write in long hands. They have not kept pace with developed countries of the world that make use of electronic equipment to record court proceedings. Since writing in long hands is slow and tedious, it, in turn, slows down the administration of justice. The problem here is not the shortage of manpower, but the system adopted, hence, the need for toeing the electronic path.
We strongly advise the administrators of our justice system in the state to turn a new leaf and address the nagging problem of unnecessary delays occasioned by lack of diligence on the part of public prosecution or the reliance on the old order by judges where defendants charged with grave criminal wrongs are simply allowed to rot in jail without trial.
Nigerians are outraged by the Federal Government’s approval of a 50 per cent increase in telecommunications tariffs, with organised labour threatening to mobilise workers to boycott telecom services. The Nigeria Labour Congress (NLC) and the Trade Union Congress of Nigeria (TUC) have described the upcoming tariff as outrageous, lamenting that it will worsen the already harsh living conditions of workers and the masses.
Similarly, the Coalition of Northern Groups (CNG) rejected the hike, stating that it was ill-timed and did not take into consideration the struggles of Nigerians. The Human Rights Writers Association of Nigeria (HURIWA) also criticised the review, calling it an illegal, unconstitutional, and oppressive policy that undermines the fundamental rights and freedoms of Nigerians. It is a difficult moment for the industry.
Recall that the Nigerian Communications Commission (NCC) approved a 50 per cent increase in tariffs for telecom operators last Monday, instead of the 100 per cent raise that operators had requested. This decision quickly angered the consumers’ association, which criticised the government’s approval as not only punitive but also insensitive.
We wholeheartedly agree with the stance of labour and other groups on this very sensitive matter. We unequivocally condemn the 50 per cent increase in telecom tariffs. Though telecom operators cite higher operational costs and inflation as reasons for the hike, the timing and impact raise serious concerns in the current economic situation. It is a blatant attack on the well-being of the Nigerian worker and a betrayal of the people to corporate interests.
Telecommunication services are essential for daily communication, work, and access to information. However, the average Nigerian worker already spends approximately 10 per cent of their wages on telecom charges. For a worker earning the current minimum wage of N70,000, this means an increase from N7,000 to a staggering N10,500 per month or 15 per cent of their salary, a cost that is unsustainable.
This hike exemplifies the government’s apparent ease in prioritising corporate profits over citizens’ welfare. It is shocking that the government approved a 50 per cent tariff increase for telecom companies within a month, yet took nearly a year to approve the recent minimum wage for workers, despite the rising cost of living and inflation eroding purchasing power.
The questions are: When will the government stand up for the citizens it swore to protect? When will the National Assembly rise to its responsibility and hold the Executive accountable for policies that blatantly undermine the welfare of the majority? When will the common man finally heave a sigh of relief in Nigeria? We urge the government, the NCC, and the National Assembly to review the implementation of this ill-advised increase.
It is difficult to understand the state of mind of the managers of the nation’s economy. Sadly, these managers have alienated themselves from the reality of today. How can a government approve a 50 per cent hike in the tariff of telecom services when even the N70,000 minimum wage has been eroded by inflation, electricity tariff hikes, exorbitant fuel costs, transportation, and other social services?
Even if there is a need for an increase, why does it have to be 50 per cent? If, after dialogue, it is agreed that a raise is necessary, we should all consider a more reasonable increase rather than the 50 per cent hike. Fifty per cent is excessive and will only worsen the already harsh living conditions of workers, placing a heavier burden and more suffering on them and the general population.
The recognition of telecommunication services as essential components of modern society cannot be overstated. In an era characterised by rapid digital transformation, these services are fundamental not only for personal communication but also for facilitating broader socio-economic engagement. The proposed tariffs increase in the telecom sector raises critical concerns regarding equitable access to vital services that support communication, education, healthcare, and commerce.
In a democracy, the people should be the central focus of all government actions and policies. Every decision should aim to improve their quality of life. This plan must be carefully scrutinised with the welfare of citizens in mind. An increase in telecom tariffs will negatively impact many Nigerians, as the internet has become an essential tool for business, communication, and daily activities.
The Tide calls for the immediate suspension of the 50 per cent hike in tariffs. Instead, we recommend a more reasonable adjustment of a maximum of 10 per cent, which balances industry sustainability with the current economic realities in the country. We also demand that the NCC engages in genuine, inclusive consultations with consumer advocacy groups, civil society organisations, and other grassroots stakeholders before implementing any tariff adjustments.
Born on January 28, 1975, in Opobo Town, Mr. and Mrs. Joseph and Love Fubara welcomed their second of five children and first son. His father, a former soldier who completed an overseas training tour of duty, instilled in him a strong sense of discipline and dedication. His mother, a civil servant, taught him the importance of hard work and perseverance.
He received his primary education at Opobo Primary School and continued his studies at Comprehensive Secondary School in Opobo. His passion for numbers led him to pursue a degree in Accountancy at the then Rivers State University of Science and Technology, now known as Rivers State University.
Upon completion of his Bachelor’s degree, he pursued further education and obtained a Master of Business Administration (MBA) and a Master of Science (MSc) from the prestigious University of Port Harcourt in 2013 and 2016, respectively. Fubara’s dedication to his studies and his commitment to personal growth have shaped him into the accomplished individual he is today.
Sim, fondly called by his colleagues, started his career in 2003 as a principal accountant at the Rivers State Senior Secondary Schools Board. His dedication led to his promotion to Director of Finance and Accounts at the Government House in 2015. In March 2020, he was appointed Permanent Secretary and then became the Accountant-General of Rivers State on December 23, 2020.
His achievements are numerous, as he is a Knight of the St. Christopher (KSC) Order of the Church of Nigeria Anglican Communion. Additionally, he holds the prestigious traditional chieftaincy title of Amaopusenibo of Opobo Kingdom. The Governor’s commitment to family is evident through his marriage to Valerie Ibiere Fubara, with whom he shares three beautiful children.
Among Siminalayi’s other significant qualifications and accomplishments are his fellowship with the Nigerian Institute of Management and his fellowship with the Association of National Accountants of Nigeria (ANAN). He holds membership in the Chartered Institute of Forensic and Investigative Auditors. His impressive background has gained him the trust and support of the Peoples Democratic Party (PDP), leading to his victory in the party’s governorship primaries for the 2023 general elections.
Fubara embodies a leadership style defined by simplicity and compassion. He exhibits patience, confidence, and empathy in his interactions with those he serves. His humility and faith in God make him trustworthy. Representing the younger generation, Sim leads with the slogan “Consolidating and Continuing the New Rivers Vision,” focusing on developing infrastructure, healthcare, education, security, agriculture, and investment opportunities for Rivers State.
The bravery exhibited by His Excellency in resisting godfatherism has attracted respect from a wide array of Nigerians, Africans, and supporters of democracy around the world. He emphasises serving the interests of the people of Rivers over any godfather. His actions unify diverse groups in the state, promoting a sense of belonging among various ethnicities.
Our affable Governor exemplifies robust moral leadership rooted in his Christian beliefs. As a devoted Knight, he shows compassion and selflessness in his governance. He fosters an environment where all religions can peacefully coexist. Fubara sponsored Muslim pilgrims for the 2024 Hajj and personally wished them well, encouraging them to pray for the state and Nigeria. His religious tolerance has earned him respect among Nigerians who value coexistence.
Moreover, the Governor’s appealing physique and charming smile have garnered admiration from many Nigerians, who view physical beauty as a reflection of inner qualities. His tall stature has solidified his status as a revered figure, commanding respect across the nation. Fubara has shown dedication to women’s issues by initiating several programmes in collaboration with the Women Affairs Ministry and the Office of the First Lady, highlighting his strong commitment to women’s empowerment and gender equality.
Sir Fubara has focused on actively involving young people in his governance by launching entrepreneurship and training schemes, notably the Rivers State Youth Empowerment Scheme. His efforts to support youth have earned him the backing of many young Nigerians. Additionally, he provides scholarships and makes donations to orphanages, demonstrating his commitment to investing in education for the benefit of children in the state.
Known for his strong commitment to national unity, this Governor reaches out to Nigerians from various backgrounds. As a state Governor, he demonstrates great nationalism by supporting citizens from other states, especially in Rivers. He respects the rule of law and democratic values, which has enabled past local government chairmen to complete their terms without issues. His effective management of Rivers State’s resources promotes transparency and accountability.
Despite facing numerous distractions, the Rivers Chief Executive has made remarkable strides in steering the state’s affairs, reflecting his unwavering focus and commitment to delivering results. He has encountered challenges but remains dedicated to his vision for a better state. His peaceful and caring leadership style has made him popular, inspiring new leaders to emulate similar qualities. By being strong yet compassionate, he has redefined the concept of leadership. Fubara’s selfless nature prioritises the state’s needs above his own. This has earned him widespread support.
As he commemorates his Golden Jubilee birthday today, even the most ardent critics, adversaries, and accusers cannot overlook that he embodies a worthy precursor in every sense.
Happy Birthday, His Excellency!
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