There was a mild drama on Tuesday as the Panel investigating Police Brutality and Extra-judicial Killings in Enugu State drilled Chief Magistrate, Linus Nwebiem, on his interest in a case that remanded one Surveyor Raphael Chukwu at the Nigerian Correctional Service custodial centre without proper charge for over three months.
Inspector General of Police had arraigned one Surveyor Raphael Chiebonam Chukwu and two others in Suit No: MES/296c/2020 before Chief Magistrate
Nwebiem, a Chief Magistrate GD. 1 in Enugu South Magisterial District of Enugu State Magistrate Court, had on 11/09/2020 remanded Surveyor Chukwu, in charge brought against him by the Inspector General of Police with a photocopy of the case file.
It is said that an arraignment in remand proceeding without an original case file contravened section 168 of Enugu State Administration of Criminal Justice Law (ACJL) 2017.
But Nwebiem knowing this facts, went ahead entertained the matter and illegally remanded the accused now the petitioner, Surveyor Chukwu
His Counsel, G. A. Ekoh, had told the Panel when the matter came up on Tuesday, that what was untoward is that the Magistrate when the police applied that his client should be discharged after reviewing the case and found not culpable of the allegation upon which he was arraigned ab initio, coupled with the letter of the State Director of Public Prosecution that rejected the photocopy of the case file sent for Attorney General’s advice, refused to discharge and set aside his orders which remanded him and adjourned ‘sine die’ (till further notice).
Interrogating the Magistrate, Chairman of the Panel, Justice Kingsley Ude (rtd), had asked him whether he had read the memo served on him on the matter he filed his reply and he said “yes”.
He then asked him to tell the Panel his interest why he remanded the petitioner when he knew that there was no proper charge to which he was arraigned before him by the police.
While the Chief Magistrate told the Panel that he had no interest order than to see justice, the Chairman of the Panel, said “if you have no interest, why would you refused to discharge the petitioner when the police discovered that it came to court with a wrong person and applied that he should be discharged?”
He further queried while he even entertained the case ab initio when he knew that the Enugu State Law forbids an arraignment in a remand proceeding without original case file.
“Now when the DPP wrote and rejected the photocopy of the case file and the police discovered its mistake and returned, applied that you should set aside your order why do you refused and adjourned ‘sine die’ knowing fully well the implementations,” Chairman queried.
The Panel praised the police for coming back to tell the court that it had made a mistake instead of their usual way.
Chairman of the Panel, however, warned the Chief Magistrate Nwebiem, to be careful if he must progress in his career.
In its ruling, the Panel held thus: “the Petitioner, Surveyor Raphael Chiebonam Chukwu in this memo number 3, has been ordered to be detained at the Correctional Centre Enugu on police arraignment before a learned Chief Magistrate on 11/09/2020.
“As the matter was still pending the petitioner said that the police which had earlier arraigned him on a holding charge through the Prosecutor, a lawyer in the office of the Inspector General of Police, prayed the Chief Magistrate to set aside his order of 11/09/2020 and that of 30/09/2020 and also set aside his order to remand the petitioner as the said order according to the petitioner was made in error contrary to Law.
“The Prosecuting Counsel for the Inspector General of Police further argued that the order of remand was a nullity since the entire proceeding was contrary to section 168 of ACJL 2017 of Enugu, to discharge upon which the Enugu Chief Magistrate acted upon was erroneously filed.
“Surprisingly, the learned Chief Magistrate failed to act on the authority cited by Police Prosecutor but erred in erroneous believe that once the order of remand was made you cannot set aside or tampered with the charge.
“This panel hold the opinion that the learned Chief Magistrate was in error not to have struck out the charge upon application by the Prosecutor, Prosecuting the petitioner for police now who initiated the act.
“As the learned Chief Magistrate excuse to do what he ought to have done on application to ensure that justice was done in the matter, this Panel hereby order the immediate and unconditional release of Surveyor Chief Raphael Chiebonam Chukwu from the Nigerian Correctional Service Enugu custodian centre where he is now being incarcerated. This is the ruling of this Panel.”
The Counsel to Chukwu, Mr Ekoh, who spoke to our correspondent shortly after the ruling, commended the Panel, saying “the justice in this matter has been met.”
He said his client petitioned the EndSARS Panel because he was illegally detained without any crime or suspicion of crime, adding “infact his name was removed from the charge as far back as November 2, 2020 when the IGP through the OC Legal from the Force Headquarters, filed an information in a High Court. As we speak that information is filed in Enugu State High Court Seven.
“In that new information or charge exonerated Surveyor Chukwu and one other person as not being part of the crime in the charge and they removed their names but fortunately why we came to the Panel on police brutality and extrajudicial killings to intervene is that the DPP is not with the photocopy of the case file that the Magistrate used in remanding Chukwu.
“So you cannot file a bail application in court. Now the same Magistrate who would have strike out the matter since police have withdrawn same, said he would not strike out the matter and surprisingly, adjourned ‘sine die’ that is until further notice.
“So what he did was against the rule of natural justice and against the fundamental right of Surveyor Chukwu because there was no proper remand proceeding and instead of him to correct himself and allow police to withdraw the purported charge now adjourned the matter ‘sine die’.”
He added “Now Chukwu couldn’t have gone to the regular court to apply for bail because the DPP who would have taken the matter on behalf of the state was not even with the file. Secondly, the police have removed his name from the charge in the High Court, so where do he apply for bail? No where.
“The only place since the matter relates to police brutality is to come to EndSARS panel to help us look into the matter and release him unconditional. That is the justice we got today,” he said.
