CLARIFICATION ON JUSUN STRIKE: OTA NBA FACILITATED THE RELEASE OF SUSPECTS

The attention of the Nigerian Bar Association (NBA) Ota Branch “UTTER BAR” has been called to the needless controversy being generated by the above news item as covered by and posted in various social media and news blogs. We hereby reiterate as follow:

1. That the ongoing Nationwide judicial strike called by the Judicial Staff Union of Nigeria (JUSUN) has not been compromised whatsoever by the activity carried out exclusively under the Police Duty Solicitors Scheme(PDSS). References made to the Ogun State judiciary were strictly within the confines of the duty imposed on it by the law notwithstanding the ongoing strike.

2. The Chief Justice of Ogun State, Hon. Justice M.A Dipeolu FICM did not personally supervise or order the activity carried out.

3. The Nigerian Bar Association, Ota Branch under the distinguished Chairmanship of J.T Ogunniyi FICMC is fully in support of the demand for Judicial Autonomy being canvassed by the Judicial Staff Union of Nigeria.

4. People granted bail by Mr. O. L. Oke, the Chief Magistrate of the Ota Magistrates’ Court were strictly under the Extant Provisions of the Administration of Criminal Justice and Other Related Matters Law of Ogun State (2017).

5. The collaboration between the Bar, the Bench and the Nigerian Police Force were carried out in the interest of justice and humanity.

6. The initiative was made possible under Sections 35 of the 1999 Constitution of the Federal Republic of Nigeria (Amended 2011), the Police Duty Solicitor Scheme recently launched in Ogun State, Police Force Order 20 and Sections 10, 32, 35 and 36 of the Administration of Criminal Justice and Other Related Matters Law of Ogun State (2017).

Specifically, Section 36 (1) & (2) provide thus:

1. "The Chief Magistrate, or where there is no Chief Magistrate within a Police Division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an Inspection of Police Stations or other places of detention within his Territorial Jurisdiction other than the Prison.

2. During such visits, the Magistrate may:
(a). Call for and inspect the record of arrests.
(b). Direct the arraignment of the suspect;
(c). Where bail has been refused, grant bail to any Suspect where appropriate if the offence for which the Suspect is held is within the Jurisdiction of the Magistrate.

7. The collaboration between the Bar, the Bench and the Nigerian Police Force is strictly within the confines of the laws and should be appreciated and commended by all and sundry.

Solidarity forever!

Chinelo Nonyelu - Olayanju Esq.
PRO, NBA Ota Branch - the Utter Bar