From Mohammed Nasir Shuaibu BAUCHI
Bauchi State Chief Judge, Justice Rabi Talatu Umar has expressed worrisome that the case of witchcraft has become a standing problem in the circle of legal jurisprudence.
Justice Rabi Umar observed, “If you are not a witch, you cannot know who is a witch. It is an issue that could hardly be established, unless the witch confess to be one”.
The Chief Judge was speaking while reviewing cases of awaiting trials at Jama’are Maximum Correctional Centre in Bauchi state while on a two-day quarterly routine duty Wednesday/Thursday, under her administration of justice committee.
The Administration of Justice Committee which she was heading as chairperson comprised of, among others, State Controller of Custodial Centre, State Grand Khadi, Commissioner of Police, Director of Public Prosecution, and Chairman of the Nigerian Bar Association in Bauchi.
Justice Rabi Umar during the two-day exercise warned judges and magistrates against putting outrageous compensation on convicts, especially where the ruling has option of fine.
She observed that the imposition of heavy compensation often prolong the stay of convict in the correctional centre, and warned that henceforth any judge who impose outrageous compensation on convicts would be made to pay or settle it.
The Chief Judge described the imposition of heavy compensation on convicts such as N100, 000, N200, 000 or even N300, 000 as an encouragement or prone to stealing, and urged judges to put reasonable compensation where necessary, while tempering justice with mercy.
“I am disturbed with my observation concerning the issue of compensation being imposed by most of the judges. Where do you expect such accused or convict to get that amount of money, unless you want him to go back to that same crime when he leave the prison so as to meet up with the demand of the court”.
“So, while imposing your sentence, I want you to be reasonable enough in the amount of compensation you will request the convict to pay, you don’t look at what he has done in the past. I know most of you consider what he has stolen, it’s not possible for a person to recover fully what he had lost”.
She added, “One of the thing you will consider is that the convict has been punished, may be he has been imprisoned to 2 or 3 years, and he still has to cough out the equivalent of the money stolen, the other party too has to forfeit something”.
Rabi further explained that it’s very difficult for one to fully recover what he had lost, especially in instances such as theft, debt or businesses, where such items have their prices being pegged.
Justice Rabi Umar however commended the judges and magistrates over their performances in the legal jurisprudence, telling them, “You are doing very well, and Iam proud of you.
The Chief Judge has during the review exercise released 18 awaiting trials, with SEVEN released on bail from Jama’are Maximum Correctional Centre, SEVEN set free from Bauchi Custodial Centre, THREE and ONE set free from Ningi and Misau Correctional Centres respectively.
She told the 7 set free from the custodial centre, “You have stayed long here without being charged or taken to court. Even if you will be convicted, the years of conviction will not surpass the period you have long stayed here”.
“It’s base on this reason or account that this committee decided to release you unconditionally. When you go back home, let’s your long stay in the custody be a lesson to you, so that you should be of good behavior and examplary conduct. You should also be skillful to earn a living for Self-reliance”, CJ said.
None of the seven set free from the custodial centre spent less than three year and eight months, while others have even spent up to five years and seven months, with their ages ranging between ‪60 – 65‬ and above up to 75 years. One of them who spent 5 years, 4 months had his case file became untraceable