JALINGO PRISON CONGESTION: DPP DENIES DELAYING PROSECUTION ADVICE
- Says no request for legal advice is pending on his table
- Taraba News calls for audit of inmates awaiting legal advice, trial
- Raises concern over cases allegedly lasting three to five years
- “Justice delayed is justice denied” — Olayinka
The Chairman of the Department of Public Prosecution in Taraba State, Barr. Abubakar D. Mustapha, has denied that his office is responsible for delays in prosecution advice that may be contributing to the prolonged detention of inmates at the Jalingo Custodial Centre.
Mustapha was reacting to an earlier Taraba News report which highlighted severe congestion at the facility and identified delays in prosecution advice, jurisdictional issues and prolonged trials among factors reportedly keeping some inmates in custody for extended periods.
In a telephone conversation with Taraba News Editor, Mr. Gabriel Motunrayo Olayinka, Mustapha said there was presently no request for prosecution advice before his office that had not been treated.
According to him, the DPP handles cases forwarded to it with urgency, adding that where advice has not been issued, the relevant case may not have been formally transmitted to the department by the appropriate investigating authority.
“As it stands, there is no advice on my table that I have not treated,” Mustapha said, explaining that the DPP could only act on matters properly forwarded to the office.
EARLIER TARABA NEWS INVESTIGATION
Taraba News had earlier reported that the Jalingo Custodial Centre, originally designed to accommodate about 250 inmates, was holding more than 500 inmates, leaving over 250 reportedly sleeping on mats on the floor.
The earlier report also raised concerns about the large number of awaiting-trial inmates and allegations that some detainees had spent several years in custody without the conclusion of their cases.
Among the issues highlighted were delays associated with legal advice, jurisdictional limitations at Magistrate Courts and prolonged proceedings at higher courts.
DPP RESPONSE RAISES FURTHER QUESTIONS
While Mustapha’s clarification absolves his office of having untreated prosecution advice currently before it, Taraba News believes the response raises another important question: if some inmates say they are awaiting legal advice but the DPP says no such files are pending, where exactly is the delay occurring?
Olayinka called on the relevant justice and security authorities to conduct an urgent review of inmates who are not regularly appearing before courts and establish the status of their case files.
He said during personal interactions with inmates at the Jalingo facility, some claimed that their cases had stalled because they were awaiting legal advice.
The Taraba News Editor therefore urged authorities to establish whether the files were still with investigating agencies, had been transmitted to prosecutors, or were being delayed at another stage of the criminal justice process.
MAGISTRATE COURT CASES ALSO RAISE CONCERN
Olayinka also expressed concern about inmates who are repeatedly taken before Magistrate Courts in cases where the courts may lack jurisdiction to conduct the substantive trial.
According to him, more than 50 inmates may be affected by situations where they appear before Magistrate Courts primarily for adjournments while awaiting further action that would move their cases to courts of competent jurisdiction.
He called for the claims to be independently verified by the relevant authorities.
WHAT ABOUT CASES ALREADY BEFORE HIGH COURTS?
Taraba News also raised questions about criminal cases already being prosecuted before the Taraba State High Court but which have allegedly lasted between three and five years.
Olayinka said such cases require examination to establish whether delays are attributable to the prosecution, defence counsel, court schedules, witnesses or other factors within the justice system.
“The important thing is to identify where the delay is coming from and address it. Justice delayed is justice denied,” he said.
He expressed particular concern about defendants who spend years in custody before eventually being discharged and acquitted.
According to him, prolonged pre-trial or trial detention becomes particularly troubling where an accused person is ultimately found not guilty.
“What happens to the years already spent in custody? Who compensates someone who, after several years of trial, is eventually discharged and acquitted?” Olayinka asked.
Taraba News called for a coordinated review involving the judiciary, Department of Public Prosecution, Police, Nigerian Correctional Service and other relevant justice-sector institutions to establish the status of prolonged cases and remove avoidable bottlenecks.
The newspaper maintained that the objective should not be to apportion blame prematurely, but to identify precisely where delays occur and ensure that inmates receive timely access to justice.
