THE Deputy Speaker of Imo State House of Assembly, Rt. Hon. Amarachi Chyna Iwuanyanwu has stated that there is nothing oppressive or draconian in the provisions of sections 484 and 485 of the Imo State Administration of Criminal Justice Law, 2020 assented to by the State Governor.
This is contained in a press release which was made available to Crimefacts.News
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“There Is Nothing Tyrannical Or Draconian About Sections 484 & 485 Of The Administration Of Criminal Justice Law Of Imo State”, Says Imo Deputy Speaker
By Unini Chioma – September 18, 2020
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THE Deputy Speaker of Imo State House of Assembly, Rt. Hon. Amarachi Chyna Iwuanyanwu has stated that there is nothing oppressive or draconian in the provisions of sections 484 and 485 of the Imo State Administration of Criminal Justice Law, 2020 assented to by the State Governor.
This is contained in a press release which was made available to TheNigeriaLawyer (TNL).
Meanwhile, it was noted that the Law was passed “for an enhanced and efficient justice system in Nigeria, which would be in conformity with international best practices”, and sponsored by “Member Representing the Oguta State Constituency in the Imo State House of Assembly, Hon. Frank Ugboma”.
Meanwhile, it was noted that what the Governor did “was to assent to a Bill passed by the State House of Assembly, which is his constitutional” duty.
“Contrary to the skewed views of those who are trying to cause mischief, this provision is not inconsistent with the 1999 Constitution nor is it a tool for intimidation, suppression and violation of the fundamental right of citizens rather it is a provision specifically designed to protect offenders below the age of criminal responsibility and persons of unsound mind.
“Detaining someone at the governor’s pleasure is not new to the Nigerian law; it has always been in the criminal procedure law and the penal code. Check section 303 and 319 of the criminal procedure law”, he said .
In addition, it was noted that “chapter 44 of the criminal procedure law gave the court the powers to order detention at the governor’s pleasure” and that an “example is the OTOKOTO trial saga where one of the young men sentenced to death was not killed even though the judge made a death sentence pronouncement on him but was instead detained at the governor’s pleasure.”
“From the explanation above, there is nothing tyrannical or draconic about section(s) 484 and 485 of the administration of criminal justice…(law) of Imo State instead the house of assembly should be commended for thinking about citizens who cannot take criminal responsibilities such as the mentally unstable persons and under-aged children”
In another development, the Deputy Speaker said that “Barr. Frank Uboma who sponsored this bill wherein he erroneously held governor Hope Uzodimma responsible for the said section, as a lawyer who has practice law in Nigeria, he should have known that section 484 is simply a reproduction of section 401 of the criminal procedure law which has been in existence since 1960 and the said sections only gives(sic) directions in respect of section(s) 230, 235, 328 and 368 of the criminal procedure act” and added that they “apply when a person is acquitted on the ground of insanity (section 230) or cannot understand the proceedings thou not insane (section 328) or an offender has not attained the age of 17 or 18 years (as the case may be) as at the time he or she is found guilty of a capital offence.”
“If Uboma feigns ignorance of these provisions of the law, it is obvious that he is playing to the gallery of the other political divide he belongs to, because if a bill is sponsored, it is debated in the house, there is room for public input which in this case happened under the leadership of the immediate past Chief Judge of Imo State under Rt. Hon. Emeka Ihedioha, with technical support from the legal defense and assistance projects (LEDAP), these erudite lawyers, professors and human right advocates could not have supported this law if indeed it was draconian and oppressive”, he said .
“For emphasis, the law in question was not an executive bill. What is more it has been in existence for six months now and there is absolutely no evidence of executive abuse. Those making a mountain out of a molehill should advise themselves accordingly.
“Leave the executive Governor Senator Hope Uzodimma out..(of) this attempt to score cheap popularity.” He concluded.
