The Tenure Of Justice Tunde – The Sound Of Thunder
Rawlston Pompey
In the historic ‘Judge Alone Murder Trial,’ those that shall be remembered in living memory, shall be; (i) ‘The tragically-killed ‘David Roberts.’ He was reportedly macheted, left with a gaping wound across the neck, and profusely bled-to death; (ii) Murder-accused Jeffrey Daniel 26.’ He was said to have been; (a) ‘An uninvited visitor; (b) An intruder; and (c) A persistent trespasser; (iii) The formidable team of defence attorneys, Wendell Robinson-Alexander and Wayne Marsh; (iv) The youthful, inexperienced, little known, but resolute and courageous Crown Prosecutor, Paulio Williams; and (v) The adjudicator, the esteemed ‘Trial Judge, His Lordship, Justice Tunde Ademola Bakre.’
JUDGE ALONE TRIAL
In specific triable cases, the ‘Criminal Proceedings (Trial by Judge Alone) Act’ has mandated ‘Judge Alone Trials’ [CPJATA: Section 4: No.8 of 2021]. Whether influentially or enticingly and optionally, for the serious felonies of ‘Treason and Murder,’ the enactment remains silent. Thus, whether or not judicially-empowered, a Judge before whom an application has been made for such trial, may so judicially order [Section 5]. The Cassada Garden resident who was indicted for ‘Unlawfully killing David Roberts’ at his ‘Newfield residence’ [May 21, 2021], now stands a ‘Juryless Trial’ before a lone Judge.’
PREFERRED OPTION
Inferentially, guided by legal advice, he appeared to have ‘Preferred’ the statutory ‘Option’ in submitting to the apparent questionable jurisdictional ‘Judge Alone Murder Trial.’ To the extent that ‘Judge Alone Trial Judges’ have been jurisdictionally-empowered,’ such necessarily provides legitimacy for such ‘Mode of Trial. Notwithstanding, such submission, he shall suffer no untoward adjudicating perils. Be that as it may, he enjoys the constitutional right to the ‘Presumption of Innocence,’ as well as protection of Law [CO: 1981: Section 15].
COURT ROOMS AND SANCTUARIES
It seems little wonder that the entrances to ‘Court Rooms,’ appear not as wide as that of the ‘Lord’s Sanctuaries.’ It could reasonably be said that more congregants would be attending Church, than those attending Courts. It shall cause no angst in looking at the ‘Christian’s Pathway to Heaven.’ As edified by the ‘Scriptures,’ religious leaders continue to preach that the ‘Pathway’ has not been widened, as the Gateway to hell. That of the former speaks to ‘Straightness and Narrowness.’ This might be so, as more people may throng the street to a place not called ‘Heaven.’ In the context of the lawless citizens, more will be appearing at Court than attending Church for ‘Holy Communion.’
PERSPECTIVE
It has never been, and could never be said that such ‘Mode of Trial’ was optional to persons accused of committing the ‘Capital Felonies’ of; (i) Treason; and (ii) Murder.’ Those mandated for ‘Juryless Trials’ shall know that neither ‘Criminal Justice’, nor the administration of justice, has ever been about ‘Fiction.’ Conversely, those that have opted to be tried by a ‘Judge Alone,’ shall harbor no ‘Illusions.’ In the case of murder-accused ‘Jeffrey Daniel,’ the facts of the case are not within the knowledge of the author. Such facts will have been adduced to the ‘Jury/Judge.’ This commentary speaks not of the merits or demerits of the criminal indictment.’ That said, murder-accused shall harbor no fear of bias nor prejudice.
FIXATION ON CONVICTION
That which was known in some jurisdictions, particularly within the ‘Organization of Eastern Caribbean States (OECS,’ was that some ‘Crown Prosecutors’ have developed an egoistic prosecutorial philosophy. Such philosophy speaks to the concept ‘Reasonable Prospect of Conviction.’ That which those appear so hung-up, may have little appreciation for, is the Judicial Concept’ called the ‘Administration of Justice.’ Those with a ‘Fixation on Convictions,’ appear to have focused their reasoning on speculative prospect.’ Clearly, such philosophy has been seen as bad for criminal justice, as it has been for those criminally victimized and ‘Rule of Law.’.
MANDATED JUDGE ALONE TRIALS
Many accused persons have been subjected to the Mandatory Judge Alone Trial.’ Whatever may have been the reasoning, several persons then indicted and awaiting trial for offences not specified [Rape/Murder inter alia), have opted to be so tried. The judicial records shall show every known accused person that have so opted. It will show et al; (i) ‘Ray John, a Senior Police officer (an offence under the ‘Larceny Act); (ii) Former Education Minister Michael Browne (an offence under the Sexual offences Act;” and (iii) Jeffrey Daniel (a Common Law offence).’
MENTAL AGONY – INORDINATE DELAYS
As it affects these pending trials, it is to be understood that there have never been ‘Shortcuts to Justice.’ The ‘Constitution Order’ anticipates that persons arrested and charged with criminal offences shall be tried within a reasonable time [CO: 1981: Section 5]. Having so opted, and with several ‘Fixtured Dates,’ these saw lengthy trial delays for ‘Ray John’ for apparent ‘Symbolic-Fixtured Hearings’ for the years; ‘2018; 2019: 2020; 2021; 2022; and 2023.’ These not only speak to ‘Mental Agony,’ but also ‘Denial of Justice.’
PUNISHING TRIAL DELAYS
It is to be inferred that within the ‘Criminal Justice System,’ there have been as many ‘Prosecutorial Impediments’ as there have been accused persons awaiting their trials. Among such impediments include; (a) ‘Apparent selective prosecutions; and (b) Inordinate, unexplained and unjustified and psychologically punishing trial delays. Among such impediments include; (a) ‘Apparent selective prosecutions; and (b) Inordinate, unexplained and unjustified and psychologically ‘Punishing Trial Delays.’
JUDICIAL SCRUTINY
Seemingly, when the ‘Coronavirus-19 Pandemic’ visited upon the nation, it provided opportunities for ‘Inordinate Delays.’ The Pandemic saw the enactment of a Law that provides for a two-year operational period, with a provisional ‘Optional Mode of Trial’ by a ‘Judge Alone.’ Many accused persons, either mandated or having so opted, the apparent dilly-dallying prosecutorial tactics being employed, dictate immediate ‘Judicial Scrutiny.’ Such shall take into account, the professional and prosecutorial competence of those charged with ‘Public Prosecutions.’
UNEXPLAINED AND UNJUSTIFIED
That which was known to numerous accused persons, was that the ‘Corridors to Justice,’ have as many obstacles, as the ‘Many Rivers Jimmy Cliff’ had to Cross’ [YouTube]. If these were not so, then one shall ask; ‘Why have there been no prosecutorial closures to the many pending ‘high and low-profile cases, short listed as; ‘The Josiahs; Daniels; Quinns; Lovells; Ray Johns; and the Nigel Christian alleged killers?’ Except for the alleged killers, all have been subjected to the ‘Mandatory Judge Alone Trial.’
FUNDAMENTAL QUESTION
Given the long wait by some indicted accused, it begs the ‘Fundamental Question;’ ‘Just when the inordinate and vexing delay will end for Senior Police officer, ‘Assistant Superintendent of Police, Ray John?’ ‘It shall also be asked; ‘What impediment lies in the way in bringing prosecutorial closure to the long pending trial?’ Incidentally, having; (a) ‘Rushed to ‘Prosecutorial Judgment; (b) Arrested and criminally charged (b) Applied immediate suspension from active Police duties; [ IWN: April 13, 2018]; (c) Caused his committal to Jury trial at the ‘Criminal Assize- 2018’ for trial by a Jury of his peers, these continue to provoke suspicion in the citizenry and distrust in Public Prosecutors.
LIGHTNING SPEED
Interestingly, the trial of the former Minister, whose case came up with ‘Lightning Speed.’ It saw a disposal quicker than the time taken to cook a pizza. It ended with a successfully argued ‘No Case Submission’ [ANR: December 13, 2021]. Contrastingly, and to all intents and purposes, the delayed trials of the several Police officers’ have placed most under severe psychological stress. Research has revealed that in the case of the most senior officer, his trial appears to have been dogged by unexplained lengthy adjournments. This may also have been compounded by what may have been observed as an apparent dangerous conceptualized prosecutorial practice.
ALTAR OF PROCRASTINATION
Such practice has seen; (a) ‘Criminal Justice;’ and (b) Public interest,’ being sacrificed on the ‘Alter of Procrastination.’ Such was said to have been the result of a self-serving selective prosecutorial philosophy of some ‘Crown Prosecutors.’ In fact, the overwhelming majority continue to make mockery of ‘Public Prosecutions.’ Though not prosecutable, themselves will have been guilty of ‘Perverting the Course of Justice.’ For instance, when ‘Directors of Public Prosecutions (DPP),’ decided, even when criminal investigators have unearthed considerable prima facie evidence, yet have found ways for discontinuation.
PRIMA FACIE EVIDENCE
Though indictments had been filed, other than prosecuting, to all intents and purposes, some had found ways to either; (a) Foist their prosecutorial responsibility upon junior Crown Counsels; or (n) Nolle prosequi the indictments.’ Some know not constitutionally; they are removable from office. A constitutional provision guides the understanding that; ‘A person holding the office of Director of Public Prosecutions may be removed from office for, inter alia Misbehavior.’ Procedurally, the Constitution sets out that which shall be done [CO: 1981: Section 87 (7)].
PROSECUTORIAL TRAVESTY
No matter the learning, even the most ignorant person knows the concepts ‘Philosophy and Travesty’ bears no harmonized relations, neither with, nor to each other. While in reality, the former may lead to the latter, except ‘Figment of Imagination,’ the latter does not. Incidentally, for reasons better known to ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens,’ on the basis of seeking to make a fair assessment, when the fraudulent indictment against ‘co-accused Yvonne Nickie’ was discontinued, in her prosecutorial judgment, from available evidence, she may very well have seen ‘Prosecutorial Travesty.’
PROSECUTORIAL PHILOSOPHY
From a different perspective, being subordinate to the substantive holder of the office, ‘Anthony Armstrong,’ when he filed the indictments, it may have been on the strength of prima facie evidence. Guided by a ‘Prosecutorial Philosophy,’ he may have seen a ‘Reasonable prospect of conviction.’ Her non-prosecutorial decision might not only be seen as contrasting that of the more senior and experienced ‘Public Prosecutor,’ but also gives rise to public scrutiny, speculation and/or reasonable suspicion.
LANGUISHING: BAIL/JAIL
While the remaining two accused enjoyed, and continue to enjoy their liberties and full monthly salaries, horrifyingly, they continue to ‘Languish on Bail.’ Their unique privileged financial positions, have accorded them the comfort in discharging their financial obligations. Thus, their experiences appear more advantageous to the indigent accused persons. This appears particularly so, as those that have been perennially ‘Languishing in Jail,’ anxiously awaiting their individual or joint-trials.
INDEPENDENT AND IMPARTIAL
Every accused person is equal before the law, and is to be given equal treatment before the Courts. These were long declared in the ‘Universal Declaration of Human Rights’ states; Everyone is entitled in full equality to a fair and public hearing by ‘an Independent and Impartial’ tribunal in determination of any criminal charge against him’ [1948: UDHR: Article 10]. Whether or not in; (a) ‘Judge and Jury; or (b) Judge Alone Trials,’ it is to be reasonably assumed that Trial Judge, His Lordship Justice Tunde Ademola Bakre’ has familiarity with these concepts to the Judiciary.’
HISTORIC OCCURRENCES
As has been the knowledge, the annals of history shall show the ‘Historic Occurrences’ of yester-year. One such occurrence shall be the ‘Historic Judge Alone Murder Trial.’ It marked the first such trial ever to have been conducted at the ‘Criminal Assize-October 2023’ in the ‘Antigua and Barbuda Circuit.’ Instructively, the trial, the very first within the ‘Organization of Eastern Caribbean States (OECS),’ was conducted by recently appointed ‘Judicial officer, Nigerian-born national, ‘His Lordship, Justice Tunde Ademola Bakre’ [October 31, 2023].
FAME AND EXCELLENCE
Consequent upon ‘His Lordship’s elevation to a ‘Judicial Bench,’ an overjoyed nation and proudness of a people saw a national news portal describing the achievement as having; ‘Brought ‘Fame and Excellence’ to Nigeria’ [Penpushing.com: August 13, 2023]. While such has been so gladly and profoundly expressed, in many respects the appointment allowed ‘His Lordship’ to venture where other regional ‘Criminal Assize Justices’ may have been too timid to tread. Such saw ‘His Lordship’ take on a trial of great significance. This has been a trial in which a ‘Judicial officer became the ‘All-in-one ‘Judge and Jury.’
JUDICIAL STINTS
A ‘Stint of Adjudication’ on any ‘Judicial Bench,’ does not necessarily mean criminal adjudication. Such is supported by ‘Judicial Stints’ of former temporary acting Judges with the ‘Eastern Caribbean Supreme Court (ECSC).’ The ‘Judicial and Legal Service Commission (JLSC), will lend attestations to their appointments as ‘Acting Judges.’ Research has identified the several former judicial officers as; (i) ‘Justices Kelvin John [BVI]; (ii) Charlesworth Tabor [BVI]; and (iii) Septimus Rhudd’ [Grenada]. The trio are currently practicing attorneys in ‘Antigua and Barbuda.’
BENCH EXPERIENCE
Though research has shown that ‘His Lordship, Justice Tunde Ademola Bakre’ had a ‘Judicial Stint’ with ‘Ogun State, Nigeria,’ it revealed no ‘Bench Experience in ‘Criminal Jurisdiction.’ Still, his appointment to the Judiciary, could reasonably be inferred that the ‘Learned Justice’ possesses the requisite knowledge and adjudicating competence. These may have been among other compelling reasons for which much confidence may have been reposed in his ability, by the ‘Judicial and Legal Service Commission (JLSC).’ That which speaks to professional bravery, was his apparent first undertaking of the historic ‘Judge Alone Murder Trial’ [Criminal Assize: October- 2023].
IMPEDIMENT TO TRIAL
Now, ‘Impediment to Trial’ is one thing. The shattered life of a family is another. A husband/father has been tragically killed. He allegedly sustained a vicious wound to the neck. Most unfortunately, the ‘Bell’ has been ‘Tolled’ for Newfield resident ‘David Roberts.’ The indicted murder-accused was identified as ‘Cassada Garden’s resident, Jeffrey Daniel 29.’ His liberty, future and fate hang in the balance. Encountering no impediments, he was given an early ‘Trial Fixture.’ Then under instructions and guided by legal counsel, prudently or imprudently, he reportedly aborted trial by a ‘Jury of his Peers.’
FATE – LIBERTY – FUTURE
A murder-accused, runs the risk of having a dual-role ‘Judicial officer,’ determine; (a) ‘His Fate: (b) Possible deprivation of liberty; and (c) Future that could be placed in jeopardy.’ By such ‘Mode of Trial,’ a ‘Judge functions as; (i) ‘Jury’ as ‘Sole judge of ‘FACTS; and (ii) As adjudicator, ‘Sole Judge of LAW.’ Clearly, roles and functions, positioned ‘His Lordship, Justice Tunde Ademola Bakre’ to inter alia; (a) ‘Hear the evidence; (b) Assess witnesses’ credibility, (c) Observe their demeanor; Assess evidence; (d) Make rulings on admissibility and inadmissibility; (e) Make findings of fact; and finally (f) Make determination of innocence or guilt.’
MANSLAUGHTER
At the end of the trial, those within the ‘Halls of Justice,’ shall be the first to hear the verdict of ‘His Lordship.’ Those with vested interest and foremost, would undoubtedly be the criminal defence attorneys. If acquitted of the greater offence, and the alternative verdict- Manslaughter’ is returned, the short-cut ‘Judge Alone Trial,’ shall show that the murder-accused ‘Jeffrey Daniel, is poised to see perilous judicial consequences, visited upon him.
WONDERS – WHISPERS – WAILING – WEEPING
Even without the knowledge of a Seismologist and the expertise of ‘Meteorologist Dale Destin,’ as the ‘Judge Alone Murder Trial’ in which ‘His Lordship, Justice Tunde Ademola Bakre’ ended, there may be ‘Wonders; Whispers; Wailing; and Weeping.’ From clear blue skies, the sun, shining in its glorious brilliance, may not be too tolerable by humans. Though it may not necessarily be as hot as that in reserve at another place, by mid-morning, there may be soaring temperature with a discomforting humidity and anxiety.
RUMBLING SOUNDS
Eerie ‘Rumbling Sounds’ may be heard, as those being reportedly heard by residents of the ‘Northern Leeward Islands’ [ANR: November 19, 2023]. Chances are, man’s heart may bear and flatter to a sudden stop. It would be a day when ‘Thunder’ may roll at the ‘Criminal Assize Court,’ marking the end of a three-week ‘Juryless Murder Trial.’ Frighteningly, the earth may quake with an intensity never before experienced by humans. The reverberating and riveting sounds will most likely be heard throughout this nation, rest of the Leeward and Windward islands.’
DRUM BEATS OF AFRICA
Such sounds will be dissimilar to the ritual and cultural ‘Drum Beats of Africa.’ The only person that shall harbor no fear of impending disaster, would be ‘His Lordship, Justice Tunde Bakre.’ That which will stand irrefutably true, is a verdict in a ‘Trial without a Jury,’ with the most intriguing information. Judiciary. Such information shall not only be for historical remembrance of the prosecutorial intrigues of a ‘Juryless Murder Trial,’ but also for the knowledge of posterity. They shall know that out of expediency, a statutory enactment enabled an indicted person to so opt [Criminal Proceedings (Trial by Judge Alone) Act)’ [No. 8 of 2021].
JUDICIAL DISCRETION
That which is to be delivered by ‘His Lordship, Justice Tunde Ademola Bakre,’ is a ‘Decision’ [CPTJA: Section 8]. Contrastingly, that which was judicially known, was that in ‘Jury Trials,’ no matter the time taken for the completion of trial, upon retirement to consider their verdict; (a) ‘Guilty; or (b) Not Guilty,’ members of the Jury have some 2 hours so to do. Notwithstanding such allotted time, a ‘Judicial Discretion’ resides with ‘Trial Judges.’ The administration of justice, dictates that adequate and reasonable time be extended, thereby allowing a Jury to arrive at an informed verdict.
DECISION IN 14 DAYS
Advantageously, to the extent that additional time serves the ‘Administration of Justice,’ the trial Judge is judicially-bound to so favor. If a Jury was ‘Hung,’ then they shall be forthwith retired. Contrastingly, the enacted ‘Criminal Proceedings (Trial by Judge Alone) Act,’ has made it clear of the time adjudicators shall deliver their decisions. It states; ‘The Judge shall, as soon as reasonably practicable, and in any event before the expiration of 14 days deliver his decision, and he shall give a written judgement, stating his reasons for; (a) ‘Conviction; or (b) Acquittal’ [CPTJA: No. 8 of 2021: Section 8].
CELEBRATION OR INCARCERATION
Thus, in the next 14 days, the murder-accused shall know if there will be cause for ‘Celebration’ or regret over ‘Incarceration.’ Suffice to say, that in a ‘Juryless’ trial for murder, ‘Woe be unto the accused, so opted. Undoubtedly, the ‘Judge Alone Murder Trial,’ was judicially-dictated. Given her reported non-participation, it could reasonably be said that ‘Acting Director of Public Prosecutions (DPP), Shannon Jones-Gittens’ may not have been concerned with the apparent ‘Non-optional ‘Mode of Trial.’
PROSECUTORIALLY MINDFUL
Thus, she may have been prosecutorally-mindful that after ‘Treason,’ the second most serious felony was ‘Murder.’ There may have been no contemptuous discourse, that there shall have been the empaneling of a ’12-member Jury.’ Though so advisedly opted, she may also have respected the right of indicted persons to a preferred the optional statutorily provided ‘Mode of Trial.’ This is the juncture where it shall be said that the only thing that militates against human adventurism, is failure.
CONQUERABLE CHALLENGE
That which was often seen as adventurism, was invariably viewed by others as a ‘Conquerable Challenge.’ Failure, experienced and known to man, as beating nothing, but a trial. In spite of their femininity and beauty, it appears that no female attached to the office of ‘Director of Public Prosecutions (DPP)’ has shown a resolve in serving the prosecutorial interest of general public. Few ‘Public Prosecutors’ have exhibited the courage necessary in undertaking such prosecutorial assignment. Professionally, in the case of ‘junior Crown Counsel, Paulio Williams,’ he would have distinguished himself from those whose value, might now be seen as merely numerical.
PROSECUTORALLY CONFIDENT
It appears clearly that it was not for reasons of adventurism, that the aspiringly ambitious, and ‘Prosecutorally-Confident,’ Jamaican-born national, took on a ‘Prosecutorial Challenge,’ seemingly faced by ‘Acting DPP Shannon Jones-Gittens.’ It all started with an alleged serious felonious act, for which ‘Jeffrey Daniel’ stood indicted before a lone Judge. Seemingly harboring no terror from the more experienced defence counsels, ‘Robinson-Alexander and Marsh,’ fearlessly the youthful ‘Crown Prosecutor,’ battled his way through the ‘Judge Alone Murder Trial.’
BODYLESS AND JURYLESS TRIALS
Legal luminaries, critical of the apparent abdication of responsibility, privately expressed the view that such trial shall not have replicated the case of the outsourced first ‘Bodyless Murder Trial’ [ANR: October 19, 2022]. Though some have strenuously argued that ‘Juryless Murder Trial’ [November 7, 2023] may have occupied the prosecutorial attention of the more experienced and most senior ‘Public Prosecutors.’ Still, there were those that have expressed contrary views.
PROCEDURES AND PRACTICES
Since the enactment of the ‘Criminal Proceedings (Trial by Judge Alone) Act,’ sitting Justices appear not to have been moved to embark upon ‘Judge Alone Murder Trials.’ All appear steep in the historically-established ‘Procedures and Practices,’ as to avoid attempts at revolutionizing their approaches to a non-legislative ‘Juryless Murder Trial.’ Reasonable inferences might be drawn that ‘Criminal Assize Judges’ may have been cognizance of an expressed authority within the ‘Act,’ jurisdictionally necessary to guide ‘Judge Alone Murder Trials.’
FICTION – INTELLIGENCE – DUNCINESS
Intending no offence, but this is the point where ‘Fiction; Intelligence; and Dunciness’ shall be looked at. There may have been good reasons for world-renowned social commentator, ‘Slinger Francisco, ‘Mighty Sparrow’ to have rejected the ‘Lessons they write and send from England.’ Though he lectured not in institutions of higher learning, ‘Sparrow’s’ intellect was never about classroom theories., but all about practicalities. Through his commentaries, backed-up by music, he had reached millions around the world. The artist, rightly or wrongly, thought then that the ‘British’ impressed him that; ‘They wanted to create comedians’ [1963: Dan is the Man in the Van: YouTube].
STEEP IN FICTION
The artist was convinced that through a clearly ‘Fictionalized Mind,’ ‘British’ fable writer, ‘Captain J. O. Cutteridge,’ ‘Wanted to keep us in ignorance.’ This will have been discerned from the lyrical contents of the song; ‘A pig danced a jig for a fig; and ‘A cow jumped over the Moon.’ Some six years later, it was not a cow, through science and technology, and with the spirit of discernment and human adventurism, man landed on the surface of the Moon’ [July 16, 1969]. Today, ‘Legislators’ have done nothing dissimilar to the ‘British’ writer. Among modern Parliamentarians, minds remain ‘Steep in Fiction.’
FICTIONALIZED STATUS: SPOUSE AND JURY
By an ‘Act of Parliament,’ legislators have brought about a dangerous change in the practice of criminal trials. They have accorded ‘Trial Judges the ‘Fictionalized Status of Jury.’ Parliament has made it comparable to an earlier legislative enactment. To all intents and purposes, they have interpreted ‘Spouse’ as; ‘Two men or two women living together.’ In the legislative debate, drama unfolded. ‘Embarrassingly startled at the legal interpretation of ‘Spouse, ‘former Prime Minister, Dr. Baldwin Spencer,’ quizzed; ‘Who slipped this in here?’
MORAL BANKRUPTCY
Though the interpretation speaks to a specific ‘Mischief Aimed’ by Parliament, it was mischievously twisted to suggest ‘Moral Bankruptcy. While Legislators looked at persons that may benefit from the ‘Proceeds of Crime,’ the morally bankrupt deviously looked at same-sex cohabitation. The mover of the ‘Bill,’ former Attorney General Justin L. Simon KC,’ quickly explained that it was a ‘Legal Fiction.’ As House Members jested. The ‘Education Minister, Bertrand Joseph’ described it as; ‘Concubinage; It covers everybody.’ While supporters of the ‘Bill’ made light moments of the interpretation, others disapprovingly scoffed at it.
FICTIONAL FUNCTION
An outraged general public and condemnation by the Christian community, was swift. Consequently, prudence saw its immediate removal of the ‘Section’ from the enactment [Proceeds of Crime (Amendment) Act: No. 3 of 2014]. Subsequently, on some ‘Radio talk shows, in referring to ‘Spouse,’ programme hosts have popularized the Section’ as ’18 (6).’ By an ‘Act of Parliament,’ the role and function of Judges in ‘Criminal Trials,’ have been changed. The Legislators’ ‘Fictional Function’ of a ‘Judge,’ is a Jury.’ A law could be enacted to fictionally and disparagingly, call males exhibiting certain tendencies, ‘Dames.’
POWERS OF JURY/JUDGE
The passage of the ‘Bill’ through the ‘Houses of Parliament’ was done in indecent haste. It progressively passed through; (i) ‘The House of Representatives [May 6, 2021]; (ii) Then the Senate [May 19, 2021]; and (c) Given ‘Royal Assent’ [May 28, 2021].’ It took operational effect mid-year [June 7, 2021]. The ‘18-Page Act,’ inter alia, states; ‘Where a trial is conducted without a Jury, the Judge shall have all; (i) ‘The power; (ii) Authority; and (iii) Jurisdiction of a Jury’ [Criminal Proceedings (Trial by Judge Alone: Section 7: No. 8 of 2021].
OVERSIGHTS
The ‘Act’ though not necessarily defective, that which seemed to have ‘Escaped the Attention’ of legal scholars, including; (i) ‘The legal drafters; (ii) Clerk to Parliament; (iii) The Attorney General; (iv) The House Speaker: (v) Senate President; and (vi) The Governor General,’ are these; (a) ‘One-page showing ‘No. 8 of 2021; while (b) Throughout the 18-page Act, the other pages show ‘No. 8 of 2020.’ These ‘Oversights’ speak to indecency of haste in which the ‘Bill’ was given ‘Parliamentary approvals and Royal Assent.’
HIDDEN DANGERS
The ‘Act’ allows to the ‘retainer-fee-paying accused to be advised to opt for the ‘Non-Judge and Jury Trial.’ That which appears inevitable for the unsuspecting accused, particularly those opting for ‘Judge Alone Murder Trials’ are ‘Hidden Dangers.’ A ‘Judge’ with fictionalized Jury power, is positioned to switch from his adjudicating role.’ Given conflicts and complexities that may arise in ‘Legal Submissions,’ the adjudicator shall switch to his usual functional role. It prompts the question; ‘Can such a Judge properly apply known ‘Facts to Law?’
LEGAL GROUNDS OF APPEAL
The ‘Act’ provides for; (i) ‘Judges to seek extra time to so deliver their decisions. They shall convene the Court for so doing [CPTJAA: Section 8 (3): No. 8 of 2021]. The unprecedented ‘One-Judge Trial for ‘Murder,’ marked a serious departure from the historically well-established practice of ‘Trial by Jury’ of accused persons by their Peers.’ Parliament anticipated that some ‘Judges,’ may misguide or misdirect themselves; (ii) Ensuring that accused persons suffered no ‘Travesties, it provides several ‘Legal Grounds of Appeal.’ The ‘Act’ states that an accused person ‘May, without leave of the ‘Court of Appeal,’ file an appeal against conviction on the legally-stipulated ‘Grounds of Appeal.’ The two most fundamental grounds are; (i) ‘The Court had no jurisdiction in the Case; and (ii) The Court exceeded its jurisdiction’ [CPTJA: Section 9].
STINT ON THE BENCH
His Lordship will have found a jurisdiction on the sun-drenched tiny, pre-dominantly-black populated twin-island nation of ‘Antigua and Barbuda.’ It is unlike ‘Continental Africa’ where he may have encountered may tribes on the ‘Motherland. ‘There may have been no place safer than the ‘Eastern Caribbean.’ As the ‘Eastern Caribbean Supreme Court (ECSC)’ extends welcome to the esteemed ‘Justice Tunde Ademola Bakre,’ his native Nigerian media salutes his ‘Caribbean Judgeship’ [October 31, 2023]. When he undertook the task of; (a) ‘Conducting a ‘Juryless Trial; and (b) The pending trial of a Senior Police officer’ on an indictment alleging corruptible conduct.
CONCLUSION
There shall be no doubt, that in the ‘Motherland,’ ‘His Lordship’ may have traversed diver’s places, including its ‘Wilds.’ Yet he may not have ventured on any notoriously dangerous ‘African Safari.’ Even so, he will have; (a) ‘Heard warriors cried; Heard people chanted in tongues; (b) Tigers growled; and (c) Lions roared.’ Placing himself not in harm’s way, these held no threat or terror. In the Eastern Caribbean. The nation welcomes him to its Judiciary.’ In these parts, ‘His Lordship’ will see no ‘cannibal head-hunters nor Zulu warriors.’ Instead, he will see appearing before the Court, young, disadvantaged, misguided and frustrated criminal offenders. Those that were to be ‘Legally Tamed,’ were to be the ‘Lawless Ancestral Children.’ Though he may have had a ‘Criminal jurisdiction ‘Stint on the Bench’ in ‘Ogun State, Nigeria, if only for the ‘Judge Alone Murder Trial,’ history shall reveal this stint as not only being extraordinary, but also intriguing and fascinating. Here is wishing ‘His Lordship’ a successful and most rewarding judicial tenure. ***
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