SAN Afam Osigwe: Complete Investigations Before Filing Charges to Avoid Judicial Delays

Mazi Afam Osigwe, SAN, the immediate past President of the Nigerian Bar Association, recently warned justices and judges in Nigeria that repeated amendments to charges, often necessitated by incomplete investigations, waste judicial time and contribute significantly to delays in prosecuting economic and financial crimes.

This statement highlights a critical systemic issue within Nigeria's criminal justice system, particularly concerning the efficiency and effectiveness of prosecuting complex financial crimes. For practitioners, it underscores the importance of thorough pre-charge investigations to avoid procedural delays and potential challenges to the validity of charges, which can lead to prolonged litigation and undermine public confidence in the judiciary. It also suggests a need for greater collaboration and competence among investigative and prosecutorial agencies.

The Nigerian criminal justice system operates under statutes like the Administration of Criminal Justice Act (ACJA) 2015, which aims to promote speedy trials and prevent abuse of process. However, the practical application of these laws, particularly regarding the quality of investigations by agencies like the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), often falls short. The courts, including the High Courts and appellate courts, frequently deal with applications challenging the competence of charges or seeking amendments, consuming valuable judicial resources and contributing to case backlogs.

The key parties involved are Mazi Afam Osigwe, SAN, representing the legal profession's perspective on judicial efficiency, and the justices and judges who are the recipients of this warning, representing the Nigerian judiciary. The underlying issue implicates prosecuting agencies responsible for investigations and charge formulation, whose diligence directly impacts the judicial process.

Attorneys, especially those in criminal defence and prosecution, should meticulously scrutinise the investigative process and the charges filed. Defence counsel can leverage incomplete investigations to challenge the prosecution's case, while prosecutors must ensure their cases are thoroughly prepared before filing to avoid judicial admonition and ensure efficient case management. This also signals a need for continuous professional development in investigative techniques for law enforcement and a commitment to upholding the principles of fair and expeditious justice.