By E. Monjok Agom
INTRODUCTION
The role of prosecuting counsel is often misunderstood by the general public. Many believe that the primary objective of the prosecuting counsel is to secure a conviction at all costs. However, this is far from the truth. In reality, the prosecuting counsel has a more nuanced and noble role to play in the administration of justice.
THE DUTY TO ACT WITH INTEGRITY
As Avory J., a British Judge, aptly put it in R v. Banks [1916] 2 KB 621:
“…they ought not to struggle for the verdict against the [defendant], but they ought to bear themselves rather in character of ministers of justice assisting in the administration of justice.”
This quote encapsulates the essence of the prosecuting counsel’s role. They are not merely advocates for the prosecution, but rather ministers of justice, tasked with ensuring that justice is served.
A FAIR AND IMPARTIAL APPROACH
The prosecuting counsel must adopt a fair and impartial approach to the case. This means presenting the prosecution’s evidence in a clear and unbiased manner, without resorting to emotional appeals or misleading the court. They must also cross-examine defence witnesses with vigour and guile, but not with the intention of intimidating or bullying them.
THE PROSECUTOR’S ROLE IN THE ADMINISTRATION OF JUSTICE
The prosecuting counsel plays a critical role in the administration of justice. They are responsible for ensuring that the prosecution’s case is presented in a fair and transparent manner, and that the defendant’s rights are protected throughout the trial.
In addition, the prosecuting counsel must be mindful of their duties to the court and to the wider community. They must ensure that justice is served, not just for the victim, but also for the defendant and for society as a whole.
A MISCONCEPTION OF THE ROLE OF THE PROSECUTOR IN CRIMINAL JUSTICE DELIVERY
Apart from the misconception of the role of the prosecutor in criminal proceedings, there is also a misunderstanding of their role in criminal justice delivery. Most prosecutors, especially from some of the law enforcement agencies in Nigeria, come into the trial with a combative and belligerent posture. This approach is often counterproductive and can lead to a miscarriage of justice.
Prosecutors must understand that their role is not to “win” the case at all costs, but to ensure that justice is served. This requires a nuanced and balanced approach, taking into account the rights of the defendant, the interests of the victim, and the needs of society.
PROFESSIONAL OBLIGATIONS UNDER THE RULES OF PROFESSIONAL CONDUCT
The subject of the prosecuting counsel’s role is also dealt with in Rule 37 of the Rules of Professional Conduct for Legal Practitioners, 2007. This rule emphasizes the importance of the prosecuting counsel’s duty to act with integrity and impartiality. It provides that a lawyer acting as a prosecutor has a duty to act fairly and impartially, and to ensure that justice is served.
CONCLUSION
In conclusion, the role of prosecuting counsel is not simply to secure a conviction, but to act as a minister of justice, assisting in the administration of justice. By adopting a fair and impartial approach, the prosecuting counsel can help to ensure that justice is served, and that the integrity of the legal process is maintained. The Rules of Professional Conduct for Legal Practitioners, 2007, provide a clear framework for the prosecuting counsel’s role, emphasizing the importance of integrity, impartiality, and fairness.
E. Monjok Agom
16th January, 2025
