For the Records: Landmark Ruling Expands Prosecution Rights for Law Enforcement Officers in Akwa Ibom State
Customary Court Empowered to Address Over Detention Challenges in Rural Areas
In a recent groundbreaking ruling delivered on March 6, 2024, at the Ikono South District Court, Ukpom Ita, the Customary Court of Akwa Ibom State expanded the prosecution rights of law enforcement officers in the state. The ruling, made by His Honourable Ekong E. Akpan, Esq, significantly clarifies the provisions surrounding the authority of Police Officers to prosecute criminal cases in customary courts.
The case, brought before the court as Charge No. 1SDC/29/2024, pitted the Commissioner of Police against Engr Gabriel Etukudo. The defense, led by Learned Counsel Aniedi Abotti, Esq, had challenged the authority of Inspector Noami Gabriel, a police officer, to announce her appearance for the Commissioner of Police in the Customary Court. However, the court, citing Section 23 subsection 3 of Akwa Ibom State Customary Court Law, 2022, affirmed that law enforcement officers, including police officers, are authorized to prosecute criminal matters in customary courts.
This landmark ruling holds significant implications for law enforcement officers in Akwa Ibom State. In the light of the limited presence of prosecutors in rural areas and the need to promptly address and protect suspects right involved in overnight cases, the Customary Court, as the first tier of the court system, can now be patronized by Divisional Police Officers (DPOs) for cases within their jurisdiction. While the Customary Court’s power to award punishment may be limited, high-profile cases can be transferred to magistrates and higher courts after arraignment through the Customary Court.
The ruling addresses the challenge of limited prosecutors faced by law enforcement officers in rural areas and ensures the efficient and expeditious handling of criminal cases. By empowering Divisional Police Officers to utilize the Customary Court, the over detention of suspects can be addressed promptly, guaranteeing the protection of their rights while awaiting further legal proceedings.
It is important to note that the ruling does not restrict prosecution to police officers alone. Law officers from the Ministry of Justice and legal practitioners authorized by law can also serve as prosecutors in customary courts, in accordance with the provisions of the law.
This significant development in Akwa Ibom State’s legal landscape aligns with the state’s objective in ensuring access to justice for all citizens, regardless of their location. It provides a practical solution to the challenges faced by law enforcement officers in rural areas, promoting efficiency and speedy resolution of cases.
With this ruling, law enforcement officers across Akwa Ibom State now have a clearer understanding of their rights and the avenues available to them for the effective prosecution of criminal cases. The Customary Court system can play a pivotal role in the early stages of the judicial process, setting the stage for the fair and just resolution of cases in higher courts, when necessary.
The judiciary’s commitment to evolving customary jurisprudence and the promotion of rural access to justice remains unwavering. This ruling sets a valuable precedent and represents another step forward in the development of Akwa Ibom State’s justice system.
