The legal landscape of practice in Nigeria, is changing rapidly. A growing number of Lawyers who built their careers in government are now moving into private practice, bringing with them institutional knowledge and a different perspective on the justice system. One such Lawyer is Dr Babajide Olumuyiwa Martins. Highly regarded for his work in criminal justice administration, Dr Martins started his career as a Crown Prosecutor in the UK. He spent years at the Lagos State Ministry of Justice, rising through strategic roles that included serving as Special Assistant on Criminal Prosecution to the then Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, SAN. He now heads the Criminal Litigation and Public Prosecution Practice of Adeniji Kazeem & Co,. in the firm’s Abuja office. Over the weekend, Dr Martins shared his thoughts on justice administration and the evolving face of criminal justice delivery in Nigeria with Onikepo Braithwaite and Jude Igbanoi. He reflects on his journey through public service, the persistent challenges of criminal justice administration, the importance of prosecutorial independence, the expanding role of specialist legal expertise in supporting public institutions, and his vision for the future of criminal justice in the country
Justice Beyond Judgements
Kindly, give us an overview of your career as a civil servant culminating in you becoming the Director of Public Prosecutions and Permanent Secretary at the Lagos State Ministry of Justice. What specific reforms, systems, or practices did you introduce or institutionalise as DPP an/or Permanent Secretary, that you regard as lasting contributions?
Following my legal education and admission to practice, I commenced my public service career in the United Kingdom, where I served as a Crown Prosecutor with the Crown Prosecution Service (CPS) and subsequently, as a Litigation Lawyer with Blackburn Borough Council. These roles afforded me significant experience in criminal prosecution, public law, local government practice, and the administration of justice within a common law jurisdiction.
In July 2013, I returned to Nigeria and joined the Lagos State Civil Service as an Assistant Director in the Ministry of Justice. My experience and expertise in criminal justice administration led to my subsequent promotion to the rank of Director, after which I was seconded to the Directorate of Public Prosecutions (DPP), where I served as Special Assistant to the then Attorney-General and Commissioner for Justice, Mr Adeola Ipaye, OFR. During this period, I played an active role in the administration of criminal justice, and contributed to several institutional reforms within the Ministry.
One of the notable initiatives I pioneered during my tenure as Director of Public Prosecutions, was the establishment of the Investigatory Advisory Unit. This initiative was inspired by the Pre-Charge Advice Unit of the United Kingdom’s Crown Prosecution Service, where prosecutors provide legal guidance to investigators before criminal charges are filed. The objective was to provide timely legal advice to the Nigeria Police Force and other law enforcement agencies during the investigative stage, thereby strengthening investigations, ensuring that appropriate charges were preferred, improving the quality of prosecutions, and reducing avoidable delays and unsuccessful prosecutions.
I also served as a member of the team that established the Witness Support Unit, within the Directorate of Public Prosecutions. The Unit was created to improve the experience of victims and witnesses within the criminal justice system, by providing them with the necessary support and guidance throughout the prosecution process, thereby enhancing witness participation and confidence in the administration of justice.
In April 2020, I was appointed Director of the Lagos State Office of the Public Defender (OPD). During my tenure, I focused on strengthening access to justice for vulnerable and indigent members of society, while improving institutional processes within the Bureau. Working alongside dedicated colleagues, I contributed to the development and implementation of the Office’s comprehensive Work Process Manual, which established standard operating procedures across all operational units and significantly enhanced efficiency, accountability, and service delivery.
During the Covid-19 pandemic, I was appointed Legal Adviser to the Lagos State Government Covid-19 Response Team, where I provided legal guidance on the complex legal and public health issues that emerged during the pandemic. This role involved advising the Government on emergency regulatory measures, public health directives, and other legal issues arising from the management of the pandemic.
In addition, I served as the Legal Adviser to the Lagos State Biobank Security Project, providing legal support on matters relating to governance, regulatory compliance, and the legal framework necessary for the implementation and protection of the project.
On 5 January 2022, I was appointed Director of Public Prosecutions (DPP), Lagos State, a role in which I continued to drive prosecutorial reforms, strengthen institutional collaboration with law enforcement agencies, and improve the quality and efficiency of criminal prosecutions across the State.
Subsequently, on 2 April, 2026, I was appointed the Pioneer Permanent Secretary of the Lagos State Bureau of Public Defender (OPD). This appointment presented a unique opportunity to leverage my prior experience as Director of the Bureau and my institutional knowledge, to reposition the Office in line with the Lagos State Government’s THEMES Plus Agenda, particularly its commitment to expanding access to justice. Having previously led the Bureau, I possessed an in-depth understanding of its operational structure, institutional history, and strategic priorities, enabling me to implement reforms that strengthened service delivery, enhanced institutional capacity, and improved legal assistance for indigent and vulnerable persons across Lagos State.
Throughout my career, my focus has remained on strengthening public institutions, promoting access to justice, improving criminal justice administration, and implementing sustainable institutional reforms that enhance the delivery of legal services and reinforce public confidence in the justice system.
Are there any landmark prosecutions for you (successful or otherwise) that particularly shaped your view of the criminal justice system, and what lessons did they teach?
Yes, some three important sexual offences prosecution comes to mind, The State of Lagos v Chris Mcdouglas and also number of murder cases, particularly in the matter of The State of Lagos v Darius Ayuba & 5 Ors was a trial of Defendants who were Lekki Okada Riders who killed a sound engineer, by lynching and burning him to death. Also, a case of medical negligence in the matter of The State of Lagos v Ferdinand Orji. There is also a case of a Police officer who killed a realtor on Christmas day in 2022, The State of Lagos v ASP Vandi and also The State of Lagos v Benjamin Ogundoru, in which the Defendant was convicted for the offence of murder by setting their house on fire, killing his wife and her brother.
As a former DPP, kindly, tell us why there is so much delay in prosecuting suspects and why those awaiting trial massively outnumber actual convicts in detention, despite the constitutional and statutory timelines? How can delays in criminal trials be reduced?
The issue of delay in trial has improved, all it be it that there is room for further improvement. The introduction of calling of witnesses and conducting trial via virtual hearing and accelerated hearing, has improved the pace of ensuring justice and completion of trials within time.
However, there are some trials where you have witness availability challenge, trial delay will become inevitable. The delay in criminal trial has been solved partially, by the introduction of plea bargain and virtual hearing. Some of the delays also are usually caused by the antics of the Defence Counsel and there is also a misnomer around awaiting trial, the inmates who refer themselves as awaiting trial, usually their trial is ongoing, but the delays are usually caused by the unavailability of witnesses, Police officer being transferred or the absence of the defence Counsel. It is imperative that those Defendants that their trial has commenced, should be properly designated as ongoing trial.
How would you characterise the working relationship between the DPP’s Office, the Police, the Attorney-General’s Chambers, and the Judiciary during your tenure? Where were the friction points and how were they managed?
The working relationship amongst all the stakeholders in the Criminal Justice System is cordial, because of its symbiotic nature. All stakeholders must work in concert with one another, to ensure a robust and effective service delivery in criminal justice administration. There is need to ensure the operationalisation of the three C’s that is Cooperation, Coordination and Collaboration. Section 375-387 of the ACJL 2021 (as Amended) provided for the establishment of the Criminal Justice Reform Committee.
After a distinguished career in public service, many expected you to establish a criminal defence practice. Instead, you have joined Adeniji Kazeem & Co. to head its Criminal Litigation & Public Prosecution Practice. Why Adeniji Kazeem & Co? What exactly does this new role entail? What unique value does your background bring to this role? What role do you see specialist law firms playing in criminal justice?
The decision was an easy one, because it is founded on a long-standing professional relationship and shared values.
When Mr Adeniji Kazeem, SAN served as Attorney-General and Commissioner for Justice of Lagos State, I had the privilege of serving as his Special Assistant on Criminal Prosecution. During that period, we worked closely on strengthening prosecution policy, improving criminal justice administration, and implementing reforms under the Administration of Criminal Justice Law.
Over the years, our mutual professional respect has remained intact. We share the conviction that criminal justice must be efficient, fair and accountable. Joining the Firm therefore, represents a continuation of a partnership that has already been tested in public service, and is now directed towards supporting public institutions from the private sector.
What message does your appointment send to Government institutions?
It demonstrates that there is immense value, in constructive collaboration between experienced public servants and the private Bar. Government should never hesitate to draw upon specialist expertise, where doing so strengthens the administration of justice and serves the public interest.
How would you define the duty of a Prosecutor?
The prosecutor’s responsibility, is not to secure convictions at all costs. It is to ensure that justice is done. Sometimes justice requires prosecution. Sometimes justice requires discontinuing proceedings. The integrity of the criminal justice system depends upon prosecutors exercising independent judgement, without fear or favour.
Why should Government engage private law firms in criminal prosecution? To what extent should private Counsel complement, rather than replace, career prosecutors?
The answer is simple. Criminal justice has become increasingly specialised.
Today’s prosecutions often involve financial crimes, cybercrime, procurement fraud, money laundering, environmental offences and cross-border investigations. Many public institutions perform commendably, but face increasing workload and technical complexity. Across many Commonwealth jurisdictions, governments regularly engage experienced external counsel to complement institutional capacity. Properly structured, such collaboration strengthens not weakens the justice system.
You have had the rare privilege of serving as both a prosecutor and defence counsel in your legal career. Has that given you a different perspective on the administration of criminal justice?
Without question. Having worked on both sides of the criminal justice system, has reinforced my appreciation of the complementary roles played by prosecutors and defence counsel. A prosecutor is under a duty to ensure that only cases supported by credible evidence are brought before the courts, while defence counsel performs the equally important constitutional function of testing that evidence and safeguarding the rights of the accused. These are not opposing philosophies; they are complementary responsibilities within the justice system.
Having experienced both perspectives, has made me a better Lawyer. It has reinforced my belief that justice is best served where investigations are thorough, prosecutions are fair, defence representation is competent and judicial decisions are based solely on the evidence and the law.
Nigeria has invested in fighting corruption. What more should be done? High-profile criminal cases often generate intense public interest and, sometimes, allegations of political interference. How should prosecutors navigate such situations?
The hallmark of an effective prosecutor, is independence of judgement.
In every jurisdiction, there will be cases that attract significant public attention, because of the personalities involved or the issues at stake. The temptation is to allow public opinion or political pressure to influence prosecutorial decisions. That must be resisted.
Every decision to prosecute or not to prosecute, must be based on the available evidence, the applicable law and the public interest. Prosecutors must have the courage to make difficult decisions, even when they may not be popular. In the long run, public confidence is earned when institutions demonstrate consistency, fairness and fidelity to the rule of law, rather than to changing political or social pressures.
How important is technology to modern criminal prosecution?
Technology is no longer optional. Electronic evidence, digital forensics, artificial intelligence, cryptocurrency investigations and electronic case management are rapidly transforming criminal justice globally. Nigeria must continue investing in these areas, if our justice system is to remain effective.
They are absolutely indispensable. Modern crime has become increasingly sophisticated, often transcending the traditional boundaries between agencies and even jurisdictions. Financial crimes, cybercrime, terrorism financing, organised crime and corruption frequently involve multiple actors, multiple institutions and, in some instances, cross-border elements. No single agency, however well-resourced, can effectively respond in isolation.
The future of criminal justice, lies in coordinated institutional responses. Law enforcement agencies, prosecutors, financial intelligence units, regulatory authorities and the Judiciary must develop stronger mechanisms for collaboration, while always operating within the framework of the law and with due regard for constitutional rights.
One area where Nigeria can make significant progress, is in the development of secure and interoperable criminal justice information systems. Subject to appropriate legal safeguards and data protection requirements, agencies should be able to share relevant intelligence, investigative information and prosecutorial data in a structured and timely manner. Such collaboration reduces duplication of effort, improves investigative efficiency and enhances the quality of prosecutions.
Equally important is the establishment and continuous maintenance of a comprehensive national database of criminal records, convictions, and other lawfully maintainable criminal justice information. Such a system would support more informed prosecutorial decision-making, assist the courts in appropriate cases, strengthen sentencing policy where relevant, facilitate background checks by authorised agencies and improve crime prevention strategies.
Technology should be seen not merely as an administrative convenience, but as a strategic tool for strengthening the rule of law. Properly designed and governed, integrated criminal justice information systems can significantly improve efficiency, accountability and public confidence, while fully respecting privacy rights, due process and the constitutional liberties of every citizen.
Ultimately, effective criminal justice is not measured by the performance of individual institutions, but by how well those institutions work together in pursuit of a common objective the fair, efficient and impartial administration of justice.
Lagos State was a pioneer in the use of forensic science through the establishment of the DNA and Forensic Centre. The destruction of parts of that infrastructure during the #EndSARS protest was widely regarded as a setback. How significant was that loss for criminal justice administration? What is the current operational status of the DNA and Forensic Centre? Has the loss been fully remedied in practical terms for prosecutors?
The establishment of the Lagos DNA and Forensic Centre, represented a major milestone in Nigeria’s criminal justice system. It reflected an appreciation that modern prosecution should increasingly rely on scientific and forensic evidence, rather than solely on oral testimony or confessional statements.
The damage suffered during the #EndSARS disturbances was undoubtedly a setback, because forensic infrastructure represents years of investment in technology, expertise and institutional development. However, I would describe it as a temporary setback rather than a permanent one.
The experience reinforced the importance of rebuilding and expanding our forensic capabilities. The future of criminal justice lies in science, technology and digital evidence. Investments in forensic laboratories, DNA analysis, digital forensics and modern investigative tools, will continue to improve both the quality of prosecutions and the protection of innocent persons against wrongful conviction.
What advice would you give young prosecutors and criminal Lawyers?
Never confuse publicity with professional excellence.
Develop mastery of evidence, procedure and advocacy, read widely, write clearly, maintain absolute integrity, and note that, your reputation will always be your greatest professional qualification.
Looking ahead, what development gives you the greatest optimism about the future of criminal justice in Nigeria? Can more be done to the Administration of Criminal Justice Act, to make criminal prosecution more efficient?
I hope that years from now, the Practice will be recognised not simply for winning cases, but for strengthening institutions, supporting governments, improving prosecutorial standards and contributing meaningfully to the rule of law in Nigeria.
An efficient, professional, and trusted criminal justice system is essential to the rule of law. One important step towards achieving this, is the implementation of Section 3(1) of the Victims and Witness Protection Law of Lagos State, 2024, which provides for the establishment of a Victims and Witness Protection Agency.
Many victims and witnesses are reluctant to testify because of trauma, intimidation, and fear of reprisals from offenders and their associates. A functional witness protection programme would provide the necessary security and support, to encourage their participation in criminal proceedings.
The Lagos State Government should urgently operationalise this provision, by establishing the Agency. The Federal Government and other States should also adopt similar initiatives to strengthen the administration of criminal justice and enhance public confidence in the justice system.
Thank you, Dr Martins.