As opinions continue to differ on some sections of the recently created Imo State Administration of Criminal Justice Law (ISACJL), which was signed into law by Governor Hope Uzodinma, the State Government has opened up on the matter, even as the sponsor of the Bill and Member Representing Oguta State constituency, Hon Frank Ugboma as well as some lawmakers have denied knowledge of some vexatious contents.
Outrage over the law filled the air when it was alleged that certain content in the ISACJL give enormous powers to the State governor to detain citizens at will.
Giving a clearer picture of what the law is all about, the Attorney General of the state and commissioner for justice, Chief (Barr) C.O.C Akaolisa in a release has said that it was a false claim on the part of uninformed persons misinforming the public about the law.
According to him, there is no law enacted by the state that empowers the governor to detain anybody at will which he expressed is in contrast to lies being peddled about the law.
“The section gives powers to the governor only in matter related to juvenile and those with mental related issues and not citizens of the state. It doesn’t give the governor the power to arrest and detain.
“Section 484 of the Imo State Administration of Criminal Justice Law is a reproduction of Section 401 of the Criminal Procedure Law which has been in existence for years. It is not a new enactment. -The law itself is procedural and not substantive. The substantive provision that gives the Governor the power to detain at his pleasure Juvenile or People of Unsound Mind is in the Criminal Code Law. The section only gives direction in respect of Section 230, 235, 328 and 368 of the C.P.A. These provisions apply when a person Is acquitted on the grounds of insanity (Sec. 230) or cannot understand the proceeding though not insane (Sec. 328) or an offender has not attained the age of 17 or 18 years at the time he is found guilty of Capital Offence (Juvenile Offenders). Section 29(3) 39, 319 of the Criminal Code.
“Such persons are detained at the pleasure of the Governor by these provisions of the Criminal Code. The Section484 does not give the Governor the power to detain any person Guobadia V State (2004) 6
NWLR (PT.869) 360. That Section stated by stating thus; “when any person is ordered to be detained”.
“The order must be the order made by a Court. The Governor’s power under that section is to determine where and how the person shall be kept. See Sec. 483, 484 and 485 of Imo State ACJL which only provides the procedure and place of detention (as existed under the Criminal Procedure Law). Other States of the Federation have similar provisions. In the Federal Act, the Power is vested or the Attorney General of the Federation. Under Section 438 of the Administration of Criminal Justice Act 2015.
“The power was exercised during the OTOKOTO Trial when one of the Convicts, a Juvenile was held a: the pleasure of the Governor. The Federal Attorney General recently wrote to request statistic on the place of holding or detention of juveniles in Imo and the Correctional Centre Officials have sent to me the list of juveniles being held at the Correctional Centres because past Governors did not exercise their right to hold them in bostal centers or reformatory homes as against the conventional correctional Centers where they might be corrupted to turn to hardened criminals.
“ It is now dear that the opposition and some mischievous elements who should know better are painting the Governor bad for provisions that did not give the Governor the right to detain any person. They are twisting the provisions for their selfish consideration.
“Imo citizens should disregard that, and there is no need to amend that section of our law which serves the purpose of protecting the juveniles and mentally challenged persons who should be detained at the pleasure of the Governor.
“It is also shocking to me for any member of the Imo State House of Assembly to deny that Section 484 was in the draft bill. The draft bill was sent by the House of Assemble to the Former Chief Judge of Imo State, Justice Pascal Nnadi and he set up a Committee headed by Justice K.K. Orjiakor and other sound legal minds in Imo State who critically appraised the bill and came up with the Final Draft.
“This Final Draft Bill was brought to the Attorney General’s Office and we critically vetted the bill as presented to us b; the Clerk of the House before it was finally passed and Assented to by the governor. Why an Honourable Member will state that Section 484 was net in the draft bill is surprising to me.
We should not amend a law merely because of insinuations orchestrated by political propaganda.
Meanwhile, before the state government could come up with a position, the House member who sponsored the bill, Ugboma had said “Some Sections in the recently gazetted ACJL came to me with rude shock.
“As the Chief Sponsor of the Bill, I have had cause to search through all the documents that cumulated into the Bill. I must say that I have done this repeatedly and have equally taken further pains in reaching out to my colleagues in the House. I must admit that they have each expressed shock over the sudden obnoxious sections of the Law more particularly Section 484 of the said ACJL of Imo State.
“For the avoidance of doubt, the Bill I presented had about a total of 372 Sections. How and where it was amended, recreated and reshaped into Section 484 and beyond remains a mystery and a legislative wonder of our time as what I presented and circulated to my colleagues during plenary, both in the First and Second readings did not contain such obnoxious and embarrassing Section 484. Neither was it deliberated in the House Committee of the whole. It indeed never existed in the House.
“No one has been able to explain to the members of the 9th House how and at what stage the said Section 484 was inserted into the Bill. It smacks of an evil manipulation to throw Imo people into the dungeon.
“As a Lawyer, I have had cause to fight against such obnoxious laws and as an activist there is no way this section would have scaled through plenary in the 9th House which I am part of. All of us are already available victims of this obnoxious sections. Not even those who practiced this calculated affront on the Constitution are exempted.
“This particular provision is a nullity ab initio in view of the unambiguous provisions of sections 1(1),(3),4,5,6 and 36 of the 1999 Constitution of Nigeria (as Amended).
This is very appalling. In my quest to ascertain which hands of Esau made it into the Bill I presented, attention was drawn to a list said to be the names of Imo people that facilitated the domestication of the Law in the State. It need not be overemphasized that in lawmaking, such contributions and or inputs from members of the public are usually submitted to the House for deliberations. I am however saddened that there is no record of presentation of such obnoxious contributions to the House. There is no record anywhere that such contributions was laid and/or circulated to members during plenary.
“I have requested that my colleagues constitute a committee to ascertain how such horrendous act was practiced on this ordinarily good legislation. Its outcome, I believe would interest all lovers of democracy and enable future legislative vigilance.
“This was not the Bill I presented and sponsored.
In the manuscripts that I received after each hearing and which I have today compared with that given to my colleagues, there is no hand of Esau. This has informed my view and I have today forwarded a Bill for the immediate amendment of those offensive and draconian sections” he added
Other lawmakers like the minority leader who is also a lawyer, Hon Anyadike Nwosu questioned about the sections which he said are “obnoxious and offensive” which he said was contemptuously smuggled into this law.
Speaking further, he argued that the original bill shared to members by Ugboma, the contentious issues were not in.
Other members who are in line with the above statement are the members for Owerri Municipal and Isu, Honourables Solomon and Ngozi Obiefule
