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Re: section 66 should be abrogated – senior lawyers

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S.66 ought to be abrogated totally – Kemi Pinheiro,SAN

My view is that it is an anathema for a Police to undertake prosecution in any form whatsoever

SEctions 174 and 211 of the constitution has vested these powers appropriately
Police primary responsibility is Investigation ONLY

It is about time we create offices of District prosecutors in local government areas who are staff of the DPP’s office and accountable in that respect for certain categories of NON capital offenses .

That office will accessibile to a DPO and the IPOs at the earliest stages of investigation of crimes to create formidable indictments .

Police have no business in prosecution and it’s time we appreciate that
It is a relic of our colonial past when there was a paucity of lawyers to handle prosecutions
I doubt if we can find a twin of this police prosecutor in any developed country .

With the avalanche of new wigs every year this proposal can guarantee the employment of at least close to 15 % of them throughout the federation.

The same view applies to all other paramilitary institutions like the customs immigration etc who also have similar provisions allowing their officers to prosecute .

They should be restricted to their primary responsibilities and leave the buisiness of prosecution.

*Kemi Pinheiro,SAN*

RE: SECTION 66 OUGHT TO BE ABROGATED – Chief Ferdinand Orbih, SAN

For an investigative agency to carry out the prosecution of the crime they investigated is an offense against all known principles of fairness.

The decision to prosecute ought be given to a different person, organ or agency.

The foundation for the abuses and corruption in EFCC and to a lesser extent ICPC, was laid when the Acts establishing them vested the power to prosecute on those Commissions.

Even if for good reason (and I see none) you deemed it necessary to give them power to prosecute, the decision to prosecute should have been vested on the Attorney-General or the DPP.

*Chief Ferdinand Orbih,SAN*

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