Kwara: PDP Lawyer Petitions CJ Over Incessant Arrests Of Members On Thrumped-up Charges
Stephen Olufemi Oni, Ilorin
Lawyer to the Peoples Democratic Party (PDP) in Kwara State, Mumini Jimoh, SAN, has petitioned the
Chief Judge of Kwara State,
Justice Abiodun Ayodele Adebara,
over alleged incessant thrumped-up criminal charges against supporters and members of PDP in the State, stressing the need for judicial vigilance to safeguard the independence of the judiciary.
He added: “We write as Solicitors to PEOPLE DEMOCRATIC PARTY OF NIGERIA, KWARA STATE, hereinafter referred to as “Our Client”, on whose firm instruction we make this solemn petition to Your Lordship.
“Our Client is a duly registered political party in Nigeria carrying out its lawful political activities within the State in accordance with the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2026 and other enabling laws.”
According to him, they received the complaint of the PDP with dismay, adding that “in recent weeks, there has been an ugly and disturbing pattern whereby the Office of Director of Public Prosecution Kwara State Ministry of Justice, acting at the behest of certain political actors in APC government, has resorted to filing incessant and prompt criminal charges, mostly bordering on breach of public peace, unlawful assembly, criminal conspiracy to commit political violence, belonging to secret cult against supporters, members and sympathizers of our Client”.
He added: “Most of these charges are hastily filed without proper investigation, without prima facie case, and are clearly intended to harass, intimidate and secure remand orders leading to unlawful and prolonged detention of these persons in Correctional facilities, thereby stifling opposition and democratic participation.
“We have documented not less than (7) cases within the last 2 months in Ilorin Judicial Division alone where our members were arraigned late in the evening, denied reasonable opportunity to seek bail, and ordered to be remanded.
“My Lord, we have implicit confidence in the Judiciary of State under Your Lordship’s able leadership as the last hope of the common man. However, we are constrained to respectfully observe that if this trend is not checked, the Courts may unwittingly be used as an instrument of political persecution, contrary to the Oath of Office of Judicial Officers and the tenets of Section 36 of the 1999 Constitution which guarantees fair hearing and presumption of innocence.”
According to the SAN, the Administration of Criminal Justice Law of Kwara State was enacted to ensure speedy dispensation of justice and prevent arbitrary detention, not to enable it.
In view of the unsavoury development, the Learned Silk appealed to the Chief Judge to use his good offices to cause an administrative review/circular to all Heads of Courts to exercise utmost vigilance, circumspection and judicial discretion in considering remand and bail applications arising from politically motivated complaints.
He urged the Chief Judge to firect Magistrates and Judges to ensure strict compliance with the provisions of the ACJL on first appearance, particularly on the need to consider bail on liberal terms where offences are bailable, and to avoid prolonged detention pending advice.
The SAN also called upon the Attorney-General to exercise his constitutional powers under Section 211 of the Constitution to prevent abuse of prosecutorial powers, while taking “such other administrative or supervisory steps as Your Lordship may deem fit to preserve the independence, integrity and neutrality of the Judiciary in State”.
He added: “We assure Your Lordship that our Client remains law abiding and committed to peace, but will not hesitate to explore all lawful remedies, including petitions to the National Judicial Council, National Human Rights Commission and other relevant bodies if this persecution continues.
“We have attached herewith a schedule of some of the affected cases for Your Lordship’s perusal as Annexture A.
“We thank Your Lordship for Your Lordship’s usual commitment to justice.”
