By Demilade Michael
An Ogun State based legal practitioner, Barr. Moruff Balogun has written a letter to the Ogun State House of Assembly, calling for the amendment of section 306, 307 and 308 of the Administration of Criminal Justice and Other Related Law of Ogun State, 2016.
According to Balogun, amending the sections of the law will block legislative loopholes and strengthen the fight against the activities of land grabbers in the State.
Balogun, in a letter addressed to the Speaker, Ogun State House of Assembly, Rt. Hon. Oludaisi Elemide, noted that land grabbers in the State in connivance with some security agencies, rely on the sections of the law to perpetrate their nefarious act.
The letter partly reads, "the centerpiece of this letter is to draw your attention; and that of the other honourable members; by extension, to some of the provisions of the law known as Administration of Criminal Justice and Other Related Matters Law of Ogun State, 2017, which was purposely made to quicken justice administration in Ogun State.
"The good people of Ogun State appreciate and value your efforts in combating the excesses of land grabbers in the State.
"The recent setting up of a committee known as “ Legislative Compliance Committee” to monitor the enforcement of laws; especially a law known as Prohibition of Forcible Occupation of Landed Properties, Kidnapping, and related Offences, law, 2016 is a welcome development and highly commendable.
"Every law; no matter how brilliantly made is subject to amendment, even the 1999 Constitution inclusive.
"It has been severally noticed and painstakingly observed that the land grabbers in Ogun State are not relenting in their efforts. They, in connivance with some security agencies usually made recourse of sections 306, 307 and 308 of the Administration of Criminal Justice and Other Related matters Law of Ogun State, 2017 for the purposes of their nefarious acts".
"The land grabbers usually adopt a system of causing petitions to be written to the police, incriminate the real and original owners of the land in their unfounded petitions, mobilize the police to arrest and detain the land owners, and subsequently apply to the court through an ex-parte application for remand order.
"The court relying on the sections mentioned above, grants the application, remanding the respondents (land owners) without being heard to correctional centre for 60 days, which can even be extended.
"The land grabbers thereafter take full possession of the land after sending the original owners to jail without trial, hiding under the sections mentioned above.
"It is our humble submission that any provision of the law that gives way for the men of the underworld to have their ways in perpetuating criminal acts should be expeditiously amended.
"The power of the law makers to amend laws is never closed.
"It is therefore our humble view that amending the provisions of section 306, 307 and 308 of the ACJL bordering on remand and other interlocutory proceedings be looked into carefully and painstakingly. Amending the above sections will block legislative loopholes and strengthen the fight against land grabbing.
"Sir, we are mindful of the provisions relating to bail in the sections mentioned above, but in as much as bail is still largely discretionary, it does not cure the defect.
"We are ready to forward our suggestions and recommendations if permitted", the letter concluded.
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