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Contents of Police Monthly Reports To Magistrates.

Contents of Police Monthly Reports To Magistrates. Daily Law Tips (Tip 698) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction: 

Nigeria Police Force is established to protect lives, properties and human rights of all persons in Nigeria. Experience has shown that in performance of duties, the Nigeria Police Force violates human rights of persons in Nigeria. This is not due to lack of laws and penalties rather due to failure of Nigeria’s criminal justice system. In providing solutions, the Administration of Criminal Justice Act and its equivalents in states in Nigeria, introduced a system where Magistrates supervise police stations while the heads of Police Stations send monthly reports to Magistrates. This work focuses on the contents of monthly reports that police stations must send to their supervising magistrates every month across Nigeria. 

Duty of Police to Send Monthly Report: 

One of the common ills in police station is illegal arrest/detention. Hence the need for a third party (Magistrates) to visit and supervise  police stations. Also, the need for a robust comprehensive criminal record, birthed the mandatory monthly reporting system in police stations.  

Now there is a statutory duty on any officer in charge of a police station or any law enforcement agency, to prepare and send a monthly report, on the last working day of every month, to the nearest Magistrate, on the cases of all suspects arrested without warrant, whether the suspects have been admitted to bail or not. 

With this duty and the visitation of the nearest Magistrate to the police stations/law enforcement agencies for a monthly inspection, it is expected that there will be decrease in illegal arrest/detention.

Mandatory Monthly Reports: 

Monthly report of the head of a police station/office of a law enforcement agency must contain the particulars of the suspects arrested without warrant, whether the suspects have been admitted to bail or not. Now, the particulars of an arrested suspect must include; full name, occupation and residential address of the person; the alleged offence with date and circumstance of the persons arrest. It will also include personal information like height; photograph; full fingerprint impressions; or any other means of identification. Click to read more on the information required from an arrested person in Nigeria. 

Conclusion and Recommendation: 

Laws are made to guide man but laws have no hands of their own but the hands of man, so as not to be mere heaps of rubbish. Good laws with no will-powers and strong institution is no law. The Administration of Criminal Justice Act and laws in Nigeria have done well but same cannot be said of the stakeholders in the criminal justice system, if Magistrates fail to supervise police stations and police officers fail to send monthly reports to Magistrates. It is a relay race and all participants must be accountable. Nigeria needs more than laws, we need strong institutions and not strong men and cabals.  Click to read related works on Administration for Criminal Justice Act.

My authorities, are:

  1. Sections 1, 2, 3, 16, 318 and 319 of the Constitution of Federal Republic of Nigeria, 1999.
  2. Sections 15, 33, 34, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria.
  3. Onyekachi Umah, “Minimum Information That Must Be In Database Of All Arrested Persons At Federal And State Levels In Nigeria” (LearnNigerianLaws.com, 16 September 2019) <https://learnnigerianlaws.com/minimum-information-that-must-be-in-database-of-all-arrested-persons-at-federal-and-state-levels-in-nigeria-daily-law-tips-tip-415-by-onyekachi-umah-esq-llm-aciarb-uk > accessed 17 November 2020. 
  4. Onyekachi Umah, “Head of a Police Station Must Make Monthly Report of Arrests to a Magistrate” (LearnNigerianLaws.com, 24 August 2020) <https://learnnigerianlaws.com/head-of-police-station-must-make-monthly-report-of-arrests/ > accessed 17 November 2020. 
  5. Onyekachi Umah, “Police Stations Now Have Supervising Magistrates” (LearnNigerianLaws.com, 9 October 2020) <https://learnnigerianlaws.com/police-stations-now-have-supervising-magistrates/ > accessed 17 November 2020. 

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FIRS threatens to recover outstanding taxes by Dec 31

The Federal Inland Revenue Service (FIRS) has set December 31, 2020, as the last window of opportunity for the waiver of outstanding penalties and interest on all taxes.

In a statement, signed by Muhammad Nami (pictured), executive chairman of FIRS, the service noted that despite series of palliatives for waivers of penalties and interest on outstanding taxes, some taxpayers are yet to take advantage of the palliative windows opened to cushion the effect of the challenges of the economy on taxpayers.

“After the expiration date of December 31, 2020, the service shall recover all outstanding debt with penalties and interest, in accordance with the provisions of the extant tax laws such as “the power of substitution” conferred on it by Section 31 of the Federal Inland Revenue Service (Establishment) Act 2007,” the statement said.

“The service has issued a series of palliatives for the waivers of penalties and interest on outstanding taxes arising from desk examinations, audit exercises, investigations or all other forms of tax assessment.

“However, the service has observed that some taxpayers are yet to take advantage of the palliative windows opened to cushion the effect of the challenges of the economy on taxpayers.”

Killing of farmers: we will do all it takes to secure Nigeria, says Osinbajo

A major player in the present administration and Vice President Yemi Osinbajo says the federal government will not relent but will do all it takes, including putting new ideas on the table in order to secure the country.
 
On a day’s official visit to Nasarawa State Tuesday told reporters on his arrival in Lafia after he was received by Governor Abdullahi A. Sule, Osinbajo repeated the oft-refrain that the administration will secure the country.

Osinbajo, Engineer Abdulahi Sule of Nasarawa and other officials on Tuesday in Lafia
Vice President Yemi Osinbajo SAN along with the Governor of Nasarawa State, Engineer Abdulahi Sule commissions and inspects the Nasarawa State Infectious Disease Diagnosis and Research Centre. 1st December, 2020. Photos; Tolani Alli

Below is the verbatim report of the Vice President’s response to the media:
 
“As the President said, these group of people have acted insanely in such a dastardly manner, killing innocent people, people who had gone to their farms to work.
 
“I spoke to the Governor, Governor Babagana Zulum and the former Governor, Senator Kashim Shettima to express my condolence, but more importantly, to try and think through ways of dealing with this kind of random attacks.
 
“It’s important to understand also that we will probably need to keep reviewing the conventional means of dealing with some of these issues, these security challenges, especially the randomness.
 
“Which is why the President has said that he is taking a serious look at how to deal with the issues, especially the randomness: some insane person goes into a place and shoots people, that is not the sort of thing that you are prepared for conventionally.
 
“We have to do a lot more local intelligence and some of the community policing efforts we are planning on, so that information is supplied faster, especially at the local level and then a reaction will then be possible.
 
“It is a major tragedy; it’s a very unfortunate thing and our hearts are with the family of those who were killed in such a terrible manner.
 
“We are very confident and the Federal Government will continue to do what it needs to do especially in terms of trying to ensure security in the Northeast and all over Nigeria.
 
“You’ve heard the President and what he has to say, especially some of the new ideas around security and the security architecture which we are trying to put in place. We will get there.”

FCTA Spent N29 billion On COVID-19 during Lockdown — FCTA Minister

THE Senate has been told that the Federal Capital Territory Administration, FCTA spent a total sum of N28.5billion on some activities within the Federal Capital Territory, FCT during the outbreak of the Coronavirus COVID-19 pandemic, especially during the lockdown.

Speaking yesterday in Abuja when he presented the revised 2020 budget before the Senator Abubakar Kyari, All Progressives Congress, APC, Borno North led Senate Committee on FCT, Minister of the FCTA, Mallam Mohammed Musa Belli explained to the Committee that the fund was spent on provision of security services, provision of palliatives for indigent residents, as well as assisting neighboring States who were distressed.

According to him, the FCT health facility supported residents from States where the level of government assistance was low and that the territory also provided healthcare services for both residents and non-residents of the city.

The Minister who noted that these took a tremendous toll on the financial resources of the FCT, said that a lot was done on the provision of palliatives for the masses, especially as help was not forthcoming from anywhere when the COVID-19 crisis started.

Bello who urged the Senate to review the FCT’s budget to reflect the realities on the ground with respect to the COVID-19 pandemic said that the territory realised N136billion from various sources, representing 54% of the N232.8billion earlier projected by the agency.

According to him, the FCT is seeking a Senate review of its budget to enable it to take care of the key areas that must be sustained despite COVID-19, adding that almost all areas of the budget had been cut by 50%, except areas that have a direct bearing on human lives, such as school feeding programme, salaries, grants, among others.

Bello who that N61billion has been proposed for capital projects, especially because of the need to continue the execution of key ongoing projects, said that 97.1% has been spent on recurrent budget, just as he stated that most 2020 capital projects have been rolled over to 2021 in the revised budget to be sent to the National Assembly for consideration.

In his remarks, the chairman of the Senate committee, Senator Abubakar Kyari who hailed the FCT over its handling of the COVID-19 outbreak, said that the prediction from the Western countries was gloomy for Nigeria, just as he said that the level of death predicted by the west did not take place as predicted because of the policies and strategy provided by the FCT Minister, adding that senate is appreciative of his contributions and efforts to ensure that COVID-19 did not spread across the federal capital.

Kyari who assured the minister that the Senate committee will expeditiously consider the revised budget of the FCT and send to the Senate for approval, however, requested that the 2021 budget of the territory be prepared and submitted early enough for quick passage by the Senate in meeting up with the January to December budget implementation cycle started this year.

Alleged N2.5b Fraud: Appeal Court dismiss Kawu’s appeal

The Court of Appeal in Abuja, has dismissed the appeal filed by the suspended Director-General of the National Broadcasting Commission (NBC), Ishaq Kawu which challenged the decision of the Federal High Court, to dismiss the no case submission he filed at the lower court.

Kawu, Mr. Lucky Omoluwa (late Chairman of Pinnacle Communications Ltd) and Dipo Onifade, Chief Operating Officer of the same company, were jointly charged before Justice Folashade Ogunbanjo-Giwa, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for allegedly paying the sum of N2.5 billion seed grant for the Digital Switch-Over (DSO) project to Pinnacle Communications Limited.

Kawu, through his counsel, A. U. Mustapha (SAN) filed a no case submission in December, 2019 at the close of the prosecution’s case, praying the court to discharge and acquaint him of the charge brought against him by ICPC.

Justice Ogunbanjo-Giwa while delivering her ruling in February 2020, held that ICPC had established a prima facie against Kawu, Onifade and Pinnacle Communications Limited, and ruled that they have a case to answer.

The suspended NBC boss and his co-accused then approached the appellate court to upturn the judgment of the Federal High Court.

The Court of Appeal, Abuja, in its ruling, dismissed the no case submission filed by Kawu and his co-accused and held that they had an explanation to give when he elected to facilitate the payment of N2.5 billion to a private company against the provisions of Section 13 of the government white paper guiding the operation of the Digital Switch-Over programme.

Police Recruitment: 925 Names Smuggled Into Constable Lists, Says PSC

…Denies withholding salary payment

A total of 925 persons who did not undergo any of recruitment processes for 10,000 Constables were smuggled into the list last year, the Police Service Commission (PSC) revealed Tuesday.

It said the 925 persons neither applied for the job nor went through screening, aptitude test and medical examinations.

The PSC said this Tuesday while refuting allegations it was withholding the payment for some Police Constables recruited last year.

According to a statement signed by spokesman for the commission, Ikechukwu Ani, all Constables properly recruited have been screened, appointment letters released capturing into the Integrated Pay-Roll and Personnel Information System, (IPPIS) for the payment of their salaries and allowances approved.

“The Commission wishes to clarify that it had to bend backwards to accommodate the list of these candidates even after the Court of Appeal gave judgment in favour of the Commission nullifying the hijack of the recruitment exercise by the Nigeria Police Force.

“The Appeal Court judgment which is still subsisting had declared the exercise null and void and returned the Constitutional Powers of the commission to recruit all persons into the Nigeria Police Force.

“It is also necessary to clarify that in the cause of screening of the list of the 10,000 successful candidates, the commission discovered that 925 persons never applied for recruitment and did not go through the stages and processes of recruitment. These included screening, aptitude test and medical examinations.

“The commission however in the overall interest of the nation and considering that resources had been expended in the training of these candidates and that these candidates had been exposed to weapon and weaponry decided to rescreen them.

“These candidates already rescreened, except those found to be criminally minded (with mutilated certificates) are expected to be absorbed into the Force.

“The commission is expected to approve their recruitment at its next Plenary Meeting holding next week after which they will receive letters of appointment and subsequently captured by IPPIS,” he said.

APC Issues Notice Cautioning Lawyers, Says Authority To Represent Party Comes From Its National Secretariat

The All Progressive Congress (APC) has cautioned Lawyers to be wary of document purportedly authorizing them to represent the party in Court, adding that authority to represent it comes from the National Secretariat and not State Chapters.

The party issued this notice in a statement issued by the National Secretary which was made available to TheNigeriaLawyer.

The statement reads:

ALL PROGRESSIVES CONGRESS

(National Secretariat) 40 Blantyre Street, Wuse II, Abuja-Nigeria

PUBLIC NOTICE TO ALL LEGAL PRACTITIONERS

The All Progressives Congress has noted with concern the activities of certain persons who have taken upon themselves the authority to engage legal practitioners to institute and defend actions on behalf of the Party without due authorization.

Some of these persons have on several occasions forged the signatures of some former National Officers of the Party, issued letters of instructions to unsuspecting lawyers, and backdated same to give it the intended effect of being engaged by the Party to either commence or defend certain matters in court.

The All Progressives Congress Caretaker/Extraordinary Convention Planning Committee hereby states that lawyers should beware that letters of instructions to represent the All Progressives Congress are duly issued from the National Secretariat of the Party and not through any of the Party’s State Chapters.

Lawyers need not be told the obvious, that it is trite, that litigants (the APC) are entitled to counsels of their choice who are properly briefed in that regard, hence they should beware of purported “letters of instruction” to represent the Party where such letters are not duly issued from the appropriate authority and office which is the National Secretariat of the Party and upon the express instructions of the National Chairman.

For the avoidance of doubt, any legal practitioner that receives, flaunts or acts upon any paper purporting to be a letter of instruction from the State or Local Government Chapters of the Party without a concurrent authorization of the National Secretariat does so at his own risk.

All Branch Chairmen of the Nigerian Bar Association (NBA) are implored to please advise their members appropriately.

Thank you

SIGNED

Senator John James Apkanudoedehe Ph.D
National Secretary
Caretaker/Extraordinary Convention Planning Committee (CECPC)

Alleged 69.4bn Debt; Jimoh Ibrahim Knows Fate Jan. 12

A Federal High Court in Lagos has adjourned till January 12, 2021 to rule on an application by businessman, Jimoh Ibrahim, seeking the reversal of an interim court order which authorised the Asset Management Corporation of Nigeria to take over his properties over alleged N69.4bn.

Justice Rilwan Aikawa fixed the date on Tuesday after taking arguments from counsel for AMCON Mr KemiPinheiro SAN, as well as lawyer to  Nicon Investment Limited and Global Fleet Oil and Gas Limited, Adenrele Adegborioye.

In moving his counter-affidavit Pinheiro urged Justice Rilwan Aikawa on Tuesday saying that his counter-affidavit filed in opposition to the motion to discharge the experte order revealed copious reasons why the order should not be set aside.

Pinheiro said that the various exhibit attached to the counter affidavit established that the properties attached belongs to the defendant, therefore he can not claim innocent of them.

Ibrahim and his firms prayed the court to order AMCON to pay them N50bn indemnity for their alleged “failure to conduct due diligence before obtaining the said order sought to be set aside and for misrepresentation and concealment of fact.”

But AMCON’s lawyer, Pinheiro, opposed the defendants’ Motion on Notice and prayed the court to dismiss same.

A lawyer in AMCON’s legal department, Imelda Raheem, said, “The plaintiff, at the time of obtaining the orders on the 4th day of November, 2020, made full and substantial disclosure of all material facts in relation to the subject matter of this suit.”

Following the seizure order made by Justice Rilwan Aikawa on November 4, AMCON took over 12 properties belonging to Ibrahim and his firms.

The properties included the NICON Investment Limited building Plot 242, Muhammadu Buhari Way, Central Business District, Abuja; NICON Hotels Limited building at Plot 557, Port-Harcourt Crescent, off Gimbiya Street, Abuja and the building of NICON Lekki Limited also at No. 5, Customs Street, Lagos.

Justice Aikawa adjourned ruling to January 12, 2021.

Thenigerialawyer

Service Chiefs Will Remain As Long As Buhari is Satisfied With Them – Presidency

Garba Shehu, a presidential spokesman, says the nation’s service chiefs will remain in office as far as President Muhammadu Buhari is satisfied with their performance.

Shehu, who featured during an Arise TV programme on Monday night, said the calls for the sack of the service chiefs are “out of place”.

Parts of the country have seen a rise in attacks in recent months, communities in the north-west and north-central regions have been victims of bandits attacks while kidnappers are on rampage across some states.

Over the weekend, Boko Haram insurgents struck in Borno state, killing more than 40 farmers in a community about 20 kilometres from Maiduguri, the state capital.

As the growing security challenges renewed calls for the sack of the service chiefs, Buhari said he has given them a marching order “to take the fight to the insurgents, not on a one-off, but on a continuous basis”.

During the TV programme, Shehu faulted claims the tenure of the service chiefs have expired, saying the law does not prescribe such term limit.

“I am not aware that the tenure of service chiefs is subject to any law or regulation that is clearly stated. They serve at the pleasure of the president,” he said.

“If the president is satisfied with their performance, he keeps them. And the buck stops on his table with all due respect to the feelings of Nigerians.

“The clamour for the sack if out of place considering that the president is not subject to the opinion of the opposition political party which has clamoured for this all the time.”

Shehu said contrary to the view of the opposition that “they have a role” in the tenure of service chiefs, it is “entirely up to him (the president) to decide”.

“He decides who he keeps as a service chief and for how long,” he added.

Borno Massacre: Fire Service Chiefs Now, Senate Tells Buhari

The Senate, on Tuesday, asked the President, Major General Muhammadu Buhari (retd.), to sack service chiefs as a result of their failure to secure Nigerians.

The Senate decision, which is the third it would pass this year, followed a motion by Senator Kashim Shettima on the recent killing of 43 rice farmers in Borno State by the Boko Haram insurgents.

The Senate asked Buhari to replace the security chiefs with new ones “immediately”.

The red chamber also asked Buhari to restructure and remodel the nation’s security architecture.

Apart from that, the chamber demanded a probe into the allegations of corruption and financial leakage levelled against some top hierarchy of the military.

The Senate asked Buhari to aggressively negotiate with the nation’s neighbouring countries for multinational cooperation in order to strengthen the war against insurgency.

It directed the Ministry of Humanitarian Affairs, NEMA and NEDC to provide succour and psychological support for the families of the victims.

It also sought proper welfare for soldiers at the war front and proper resettlement and support for the families of the fallen soldiers.

It urged the federal and state governments to address issues fueling insecurity.

It similarly called for massive recruitment into the military and the police force.

TIPS