Despite the provisions of Section 296 of the 2015 Administration of Criminal Justice Act, ACJA, many accused persons in Akwa Ibom State have been imprisoned for more than ten years awaiting trial.
The long wait has not only contributed to the overcrowding of prison cells, but has also put strain on the staff and the Federal Government’s financial resources, as the cost of feeding and medical care for those awaiting trial is enormous.
According to investigations, of the 3,047 inmates in Akwa Ibom State as of March 31, 2,559 are awaiting trial, while 488 have been tried and convicted.
Those on the awaiting trial lists include not only those who committed serious crimes, but also some innocent people and others accused of misdemeanors.
There is a case of one Goodnews Isaiah, 26, an awaiting trial inmate of Eket Custodial Centre, who told the Akwa Ibom State Chief Judge, Justice Ekaette Obot, during her prison inspection how he was arrested by police operatives on patrol while returning from work in 2019.
According to Goodnews, who works at an Eket bakery, “while I was coming back from work around 11 p.m. (as I was on evening shift), a police patrol van accosted me; I told them that I was coming back from work, and they arrested me, saying that I was an armed robber returning from an operation.” They drove me to the station with other people they had seen that night.
“Fortunately for others, they were later released after paying a large amount of money to the police for bail, but I remained in custody because no one came to pick up my bail since the incident in 2019.” I’ve been praying to God for assistance so that they will charge me in court.”
In addition, one John Sunday Akpan, who was charged with “unlawful Stealing” in the Ikot Abasi detention center, told the Chief Judge how his uncle had him arrested for cutting a bunch of plantain on their family farmland.
He claimed that his uncle, who refused to give him his father’s share of the land, told the officers to deal with him harshly, and that he had been in prison custody for about three years without being brought to court.
Ephraim Udo, a 29-year-old tricycle rider in the Uyo detention center, told how his wife’s mother, a policewoman, ordered his arrest and incarceration for attempting to marry her daughter.
The inmate had been held without trial for four years, according to the prison entry book.
“My Lord,” Udo explained, “I have two children with the policewoman’s daughter.” We’ve been in love for a long time, but the mother has vowed that her daughter will not marry a “keke rider.” As a result, she directed his men to arrest me, and I was imprisoned for more than four years.”
These are just a few examples of people languishing in Akwa Ibom prisons while awaiting trial, which appears to be moving at a snail’s pace.
After patiently listening, the State Chief Judge unconditionally released them, along with 42 others, using her prerogative of mercy.
Obot, after investigating the cases of the state’s awaiting-trials, decried the manner in which accused persons are dumped in prison cells without trials or their case files being lost.
She, on the other hand, blamed the delay and increase in the number of awaiting trial cases on the Police and the Director of Public Prosecutions’ (DPP) inability to expedite case files. She decried the numerous instances of ‘no case files’ seen in court.
While urging police officers in charge of legal matters and the DPP to be diligent in prosecution to avoid disrupting the justice delivery system, the CJ warned the police against unnecessary arrests and incarceration of innocent people without a thorough investigation, emphasizing that it was a violation of their constitutional rights.
Clifford Thomas (Esq), Coordinator, Akwa Ibom Human Rights Community, stated that “magistrates are handicapped in that they don’t have jurisdiction over trial of certain crimes, which may compel them to order outright remand of suspects in prison custody and their case files transferred to DPP (which takes over two years to receive advice).”
He accused the police of frequently making arbitrary arrests and charging suspects with attempted armed robbery, arson, kidnapping, or any other offenses that would be beyond the magistrate’s jurisdiction.
He bemoaned the fact that magistrates would imprison such suspects without hearing from them because such offenses are not bailable.
According to the human rights lawyer, magistrates should exercise their ‘Suo-moto’ right by amending some of the charges before them and asking the complainant and the accused if they can opt for alternative resolution in order to reduce the rate at which the accused are committed to prison.
He also stated that the Chief Magistrate in charge of a jurisdiction should visit police stations to review the files of those imprisoned for minor offenses.
He regretted that some laws are impracticable and archaic, citing the Akwa Ibom Civil Procedure Rules of 2009 as an example, adding, “you need to see the difficulty in a particular rule and see how to thinker it.”
“The high court should be enjoined to look into these charges, and some of the frivolous cases should be thrown out,” he said. We must demonstrate judicial activism that includes not only the bar but also the bench.
“The Chief Judge has the authority to issue practice directions; she can examine the situation, convene a committee of three people to review it, and give the magistrate the authority to determine whether those offenses are correct or incorrect; by doing so, judicial processes would be strengthened.”
He also advocated for the establishment of an electronic-based court system in the state to facilitate the delivery of justice, claiming that doing so would free up judges’ time to listen to and reflect on the proceedings, as well as observe the demeanor of witnesses before the court.
