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Niger State CJ disengages Police from prosecuting criminal Cases in Courts,Shariah

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By Uthman-Baba Naseer,Minna

Police Prosecuting officers attached to Magistrates and Shariah Courts in Niger State,have been dis-engaged from prosecuting criminal cases on the order of the Chief Judge of Niger State,Justice Halima Ibrahim Abdulmalik.

Their disengagement was contained in a circular issued and signed by the Chief Registrar of the Niger State High Courts Hajiya Amina Laminde Musa-Saidu stating that the transition period for criminal prosecution has concluded.

The circular with caption,” Re: Commencement Of Exclusive By Legal Practitioners with reference number S/HC/ NGM/ SUB/112/VoL.1 was addressed to all litigants,Defendants and the general public.

The circular,read in part: “Please be formally notified that pursuant to the administration of criminal justice Act 2023, (ACJA) Police Act 2020 and the Administrative Directive of the Honourable Chief Judge,the transition period for Criminal prosecution has concluded.

“ Effective Immediately, only Qualified police officers who are legal practitioners (Lawyers) are now authorized to conduct Criminal prosecutions in all Magistrate and Shariah Courts across the state.

“ Non- lawyer police officers and laypersons no longer have the right of audience to prosecute cases before these courts.

“ All Criminal charges and applications must be signed and moved by a legal practitioner from the Ministry of Justice. Refuse Audience,decline audience to any Police officer or individual who is not a legal practitioner attempting to prosecute a matter,move a motion,or mention a case.

“ Ensure that the Name and enrollment Number of the Legal practitioners appearing for the prosecution are clearly captured in the records of proceedings” the circular stated

It further explained that,where a prosecutor is not a legal practitioner,Magistrates and Shariah court Judges should grant a short adjournment to enable the relevant agency (Police or Ministry of Justice) assign a qualified legal practitioner

This directive,according to the circular, applies to all Criminal matters brought before the Magistrate and Sharia Courts across the state.

It warned that strict compliance with the directive is mandatory to ensure the validity of proceedings and to uphold the integrity of the Administration of Criminal Justice Act (ACJA).

Justice Halima Ibrahim, had sometime in March, last year issued a circular to the legal unit of the State Criminal Investigation Department (SCID) of the Niger State Police Command,directing the disengagement of Police prosecutors that have no law background.

Justice Halima Ibrahim Abdulmalik positioned that only Police with relevant law background will now be allowed to prosecute criminal cases in all the Magistrate and Shariah Courts in Niger State.

This development, according to our findings,will now affect speedy administration of criminal justice in Niger State,as the legal unit of the state Police Command is lacking adequate lawyers to replace the disengaged Police prosecutors that have been prosecuting cases in the lower courts.

Also the office of the Director of Public Prosecutor (DPP),in the Attorney General of Niger State Chamber in the State Ministry of Justice, will now take over the prosecutions of Criminal cases in the lower court which findings revealed that numbers of counsels in the DPP’s office are inadequate.

It was gathered that most of the capital offences of culpable homicide,armed robberies,rape and other capital cases are been prosecuted in the High courts by the office of the DPP in the Ministry of Justice.

Already,the disengagement of the Police Prosecutors from the lower courts across Niger State, has affected the speedy dispensation of criminal justice in the state as the fate of inmates awaiting trials across the correctional facilities is uncertain.

But in a swift reaction to the Circular,the Chairman Nigerian Bar Association, (NBA) Minna branch Isyaku Barau Esq. in an interview noted that the development will hinder the speedy administration of criminal Justice in Niger State.

According to the NBA Chairman,the directive of the Chief Judge disengaging the Police from prosecuting criminal matters at this point in time,will have a negative effect on litigants,defendants and other criminal related cases in the lower courts of jurisdiction.

“ Most of the criminal matters pending in Magistrate and Sharia Courts that are already been handled by Police prosecutors will now suffer,the defendants in such pending matters are at the receiving ends of this directives.

“ Apart from the head of the legal department of the Niger State Police Command that is the only Qualified legal practitioner, in the state police Command no other police officer in the legal department is a qualified legal practitioner in state Police Command.

“ And in the office of the Director of Public Prosecution DPP in the state Ministry of Justice, there is a shortage of lawyers to handle prosecution in the lower courts.

“I’m appealing to the Honourable Chief Judge to look into this matter in the interest of the defendants that are languishing in prison to revisit this issue” the NBA Chairman pleaded.

Law & Crime

Withdraw Your Shoot-on-Sight Order, It’s Unconstitutional-HURIWA tells IGP

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IGP Olatunji Disu

By George Mgbeleke

Prominent pro-democracy and civil rights advocacy group HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has asked the Inspector General of Police Mr. Tunji Disu to withdraw his illegal and unconstitutional shoot-on-sight-order whuch he reportedly gave to armed police operatives against non-state actors allegedly carrying ‘unlicensed’ weapons.

HURIWA recalled that the Inspector-General of Police, Olatunji Disu, had issued a sweeping shoot-on-sight directive to police officers nationwide, ordering them to neutralise anyone found in possession of illegal firearms as part of a renewed federal push to curb insecurity.

HURIWA


Disu announced the directive on Friday during a high-level stakeholders’ security meeting at the Government House in Makurdi, the Benue State capital.

He said the order was in direct response to President Bola Tinubu’s instruction that the wave of killings and armed attacks in Benue “must be brought to an end.”

“You cannot move around freely carrying arms as if there is no law and order in this country. It will not be tolerated,” Disu said.

He stated: “The era of passive policing is over. We must be proactive to protect lives and property.”

He said that officers have now been fully activated under Force Order 237, the police regulation governing the use of force, which allows them to respond decisively to imminent threats without waiting for approval from superiors.

HURIWA recalled that the Force Order 237 cited by the IGP as backing his shoot-on-sight-order stated that police personnel confronting armed suspects are empowered to use lethal force where there is reasonable belief of danger to officers or civilians.

“We have given them instructions. We have a Force Order 237. Police officers have been instructed that they don’t need to wait for any superior order. They know where to deploy their firearms,” Disu explained.

“We are tired of losing our men. We are tired of police officers, soldiers, and other members of the security agencies dying anyhow.
They have been instructed to shoot at sight. They have been trained to do what is necessary.”

Reacting to this sweeping order by the police chief of Nigeria, civil society organisation, the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said the IGP has no power under the law to order his operatives to SHOOT-ON-SIGHT citizens perceived to be carrying weapons because that would directly violate section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended which is supreme and superior to any lesser statute such as the Force order 237 which the Inspector General of Police grounded his shoot-on-sight-order upon.

HURIWA quoted section 33(1) which says thus: “Every person has a right to life, and no one SHALL BE DEPRIVED INTENTIONALLY OF HIS LIFE, save in execution of the sentence of a court of competent jurisdiction in respect of a criminal offence of which he has been found guilty in Nigeria.”

The Rights group asserted that the reckless issuance of a shoot-on-sight-order by the police head of Nigeria would result in extrajudicial killings of Nigerians given the fact that a greater percentage of operatives of the Nigeria Police Force that bear arms have been accused of lacking professionalism and are grossly indisciplined and therefore can misinterprete the publicised illegal shoot-on-sight-order to shoot on sight anyone bearing weapons even before ascertaining whether the bearer has licence or not. The Rightsvgroup said under the law the penalty for possession of unlicensed weapons is not instantaneous execution by shoot-on-sight-order by the Nigeria Police Force acting on a certain shoot-on-sight-order made by the IGP.

The IGP does not have the constitutional competence to act as a judge, a prosecutor and executioner in the cases of persons accused of carrying unlicensed weapons moreover, does the inspector General of Police needs to publicise the fact that police operatives are allowed to use their weapons in the lawful execution of their counterterrorism duties? How does the IGP want the operatives of the police to simply shoot on sight whenever they see someone bearing weapons even if such persons belongs to vigilante or community security already allowed by laws passed by the state houses of Assembly to provide armed security to their communities? This shoot-on-sight-order by the IGP is reckless, unlawful and unconstitutional and must be withdrawn forthwith.

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Law & Crime

Insecurity ‘ll Soon Be A Thing Of The Past In Nigeria – Akpabio

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President of the Senate, Godswill Akpabio

By George Mgbeleke

President of the Senate, Godswill Akpabio has assured Nigerians that the President Bola Ahmed Tinubu – led administration will do all within its powers to ensure that the problems of insecurity currently confronting the country became a thing of the past.

Akpabio gave the assurance on Wednesday, while receiving in courtesy, members of the Ladies Golf Association of Nigeria led by its National President, Dr Lima Ahmed at the National Assembly.

A statement by the Special Assistant on Media to the President of the Senate, Jackson Udom, quoted Akpabio as saying,
” On behalf of the Nigerian Senate, I welcome you to the National Assembly. I am equally very happy to receive you in my office. As Nigerians we are all aware of the insecurity challenges we are currently facing and all I can say is that President Bola Ahmed is giving the situation its utmost attention and that is what led to the recent release of the school children that were abducted in Oyo State.

” The current administration is doing a whole lot and I can assure you that very soon, the issue of security would be a thing of past. Don’t rely on what you hear or see in the social media, they are not true reflection of what is happening in our country”

Speaking further, Akpabio traced the refusal of women in supporting themselves during elections for political offices, to the toxic behaviour of those who had in the past been given the opportunities for such positions, only to misuse it to the future detriment of other women.

Akpabio assured the golfers of his support and that of the Senate for their forth coming international Ladies tournament to be hosted at the IBB International Golf Course in Abuja.

Earlier in her speech, Dr Lima Ahmed thanked the Senate President for accepting to receive her and her team. She formally invited the Senate President to the planned tournament and subsequently decorated him as their grand Patron of the group.

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Law & Crime

Minna Court adjourns Auna’s suit against Prof Yakubu Mohammed of APC to Sept 16 to 17 for commencement of hearing on conduct of primary election

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By Uthman Baba-Naseer,Minna

The Minna Federal High Court Division,has adjourned the suit filed by Shehu Samaila Auna,against Prof. Yakubu Mohammed Auna,over the conduct of primary election of the All Progressive Congress (APC) to 16th, to 17th, of September 2026 for the commencement of hearing.

This followed the preliminary objection filed by the counsel to the first defendant Philip Adah Esq alleging that the action of the plaintiff to file the case is status bar praying the court to dismiss the suit.

The counsel urged the dismiss the case on the ground that the plaintiff filed the case out of time as stipulated by the relevant provision of the electoral act 2025.

Shehu Samaila Auna,has approached the court to through his counsel, Danjuma Abubakar Sadeeq challenging the conduct of the APC primary election of Prof. Yakubu Auna,into the Rijau Magama Federal Constituency at the May, 16th, primary election.

The plaintiff in a suite number FHC/MN/CS/542026/ is challenging the purported Primary election claiming that election was not conducted in Rijau and Magama Federal Constituency as claimed by the first defendant and the second defendant respectively.

The plaintiff is praying the court to nulify the purported Primary election on the ground that election was not conducted as claimed praying further that another primary election should be conducted in Rijau and Magama Federal constituency.

At the resumed hearing, the counsel to the second defendant filed a preliminary objection urging the court to dismiss the suit arguing that the suit lacked merit as the plaintiff failed to file the case on time as stipulated by law.

The counsel to the plaintiff,Danjuma Abubakar Sadeeq,in his submission,told the court that the preliminary objection was served to him at about 4:15 pm on Tuesday,21st of July,2026 and he needed time to reply to the preliminary objection.

“ My Lord,I was served, I was served with the preliminary objection by 4:15pm yesterday,the 21st of July,2026. And I needed time to reply to his preliminary objection (PO). On this ground, I prayed the court adjourned for me to respond to his (PO) as raised” he told the court.

While granting the prayer, Justice Mohammed Abdullahi Dan-Ige then adjourned the case to 16th and 17th of September 2026 for commencement of hearing.

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