Walter Onnoghen, chief justice of
Nigeria (CJN), says prosecutors must be able to prove their cases beyond a
reasonable doubt because the court is not Father Christmas.
Onnoghen said this on Monday
while speaking at a workshop for investigators and prosecutors at the National
Judicial Institute (NJI) in Abuja.
The CJN said prosecutors must
ensure that the Administration of Criminal Justice Act (ACJA) is not subjected
to abuse by parties in criminal matters.
He explained that the innovations
of the ACJA are aimed at strengthening the country’s judicial system.
“I must emphasise that in all
criminal trials, the prosecution must prove its case beyond reasonable doubt
and this burden is discharged by the prosecution calling witnesses to give
compelling evidence against the defendant with relevant exhibits to lend
credence to oral evidence as the court is not Father Christmas that will give
what you did not ask of it,” Onnoghen said.
“The prosecutors must always be
guided to ensure that the spirit of Section 306 of the Administration of
Criminal Justice Act 2015 is not subjected to abuse by parties in criminal
matters.
“I am glad to say that the
provisions of the Administration of Criminal Justice Act (ACJA) 2015 has introduced
innovations such as front loading of evidence at the time of commencement of an
action, plea bargaining, limitation of adjournments, restitution non-custodial
sentencing and forfeiture of assets, amongst others, are some of the
innovations aimed at strengthening our justice system.”
According to him, the criminal
justice system depends on the effective functioning of all stakeholders.
“The stakeholders have their
duties and responsibilities intertwined, as such, the efficiency and
effectiveness of one entity can be hampered by the inefficiency and
incompetence of the other,” he said.
“In this light, the role of the
Judiciary as a key stakeholder in the administration of criminal justice can
hardly be discharged without diligent investigation and prosecution.
“Hence, the roles of
investigators and prosecutors in the administration of criminal justice cannot
be overemphasised.
“As stakeholders, we must promote
efficiency in the criminal justice sector by ensuring speedy dispensation of
cases, recognising and safeguarding the rights of individuals in line with the
salient provisions of the law to ensure that matters pertaining to defendants,
suspects awaiting trial and persons whose matters are undergoing investigation,
are speedily dispensed with.”
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