1

A CRITICAL APPRAISAL OF THE INNOVATIONS, PROBLEMS AND

PROSPECTS OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT

2015, IN THE NIGERIAN JUSTICE SYSTEM

BY

NJOKANMA LUCIA UGOCHUKWU TOMBRA

MATRIC NUMBER: BU/17C/LAW/2715

BEING A LONG ESSAY SUBMITTED TO THE FACULTY OF LAW,

BAZE UNIVERSITY, ABUJA, FEDERAL CAPITAL TERRITORY,

NIGERIA IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR

THE AWARD OF THE DEGREE OF BACHELOR OF LAWS (LL.B.

HONS)

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DECLARATION

I, NJOKANMA LUCIA U. T. hereby declare that this long essay was written by me based on

my research, findings and that all the materials used in the course of this project work have

been duly acknowledged through references.

12TH APRIL 2020

NJOKANMA LUCIA U. T. ____________________ __________________

DATE SIGNATURE

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CERTIFICATION

This is to certify that this long essay: A CRITICAL APPRAISAL OF THE INNOVATIONS,

PROBLEMS AND PROSPECTS OF THE ADMINISTRATION OF CRIMINAL JUSTICE

ACT 2015, IN THE NIGERIAN JUSTICE SYSTEM, was written by NJOKANMA LUCIA

U. T. It has been read and approved as meeting part of the requirements for the award of

Bachelor of Laws (LL.B. Hons.) degree in the Faculty of Law, Baze University, Federal

Capital Territory, Abuja, Nigeria.

MISS SALMA ALIYU DUTSE ____________________ ______________

SUPERVISOR SIGNATURE DATE

DR. ZUHAIR JIBIR _________________ ______________

HEAD OF DEPARTMENT SIGNATURE DATE

DR. KATHLEEN OKAFOR _________________ ______________

DEAN, FACULTY OF LAW SIGNATURE DATE

EXTERNAL EXAMINER SIGNATURE DATE

…………………………. _________________ ___________

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DEDICATION

It is with greatest honor and pleasure that I would like to dedicate this work to;

GOD ALMIGHTY:

My Creator and redeemer. I am forever grateful.

TO MY PARENTS:

Mr. and Mrs. F.C NJOKANMA. The reason for what I have become today. Thank you

immensely for your grate scarifies and continuous care.

TO MY SIBLINGS:

Tamara-Nonso and Awele- Emma, you have been my inspiration and soulmates. One love as

always.

TO MY GRANDMOTHERS:

Who wished and prayed I become an Attorney-at-Law.

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ACKNOWLEDGMENT

This project which is based on; The Critical Appraisal of the Innovations, Problems, and

Prospects of the Administration of Criminal Justice Act 2015, in the Nigerian Justice System.

I am grateful to my Supervisor, MISS SALMA ALIYU DUTSE for helping and encouraging me to

work on this huge project, as well as her constant patience and supervision. I am immensely

grateful.

The Head of department ( H.O.D ), Faculty of Law, DR ZUBAIR JIBIRL for his scarifies and

inspiration.

Special Thanks to The Dean of Faculty of Law, DR KATHLEEN OKAFOR who was always

available to lend a hand with her wealth of experience and support.

I would like to acknowledge with gratitude and all sense of humility, the profound support and

undying love of my Parents and Family members.

Finally, a special shout-out to my Friends/School Mates, Mrs Oyewale Taiwo and Miss Somto

Adinde for their constant support and who have been there for me exceptionally it has been

indeed a worthwhile journey through out these years of constant learning I am indeed thankful

and grateful.

GODBLESS YOU ALL’

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CHAPTER ONE: GENERAL INTRODUCTION

1.1 Background to the Study

1.2 Statement of the Research Problem

1.3 Aims and Objectives of the Study

1.4. Scope and Limitation of the Study

1.5. Significance of the Study

1.6 Research Methodology

1.7 Literature Review

1.8 Organizational Layout

CHAPTER TWO: THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA),

2015

2.1. The Act at a glance

2.2. Overview of the Act

2.3. Conceptual framework of the Act

2.3.1. The Act as an Access to Justice

2.4. The Right to Appear in Court of law

2.4.1. Advocacy for those who cannot meet the expense of it

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2.4.2. The Act as Rule of Law

2.4.3 Ideological Conflicts and Rule of Law in the Act

2.5. Protection of human dignity.

CHAPTER THREE: INNOVATIONS UNDER THE ADMINISTRATION OF CRIMINAL

JUSTICE ACT 2015

3.1. Unlawful Arrest

3.2. Constitutional Rights of Suspect

3.3. Arraignment in Court within Reasonable Time

3.4. The Innovations brought by the Act

3.4.1. Establishment of Administration of Criminal Justice Monitoring Committee

3.4.2. Mandatory Inventory of Property

3.4.3. Recording of Arrest and Confessional Statements

3.4.4. Establishment of Police Central Criminal Registry

3.4.5. Monthly Report by Police to Supervising Magistrates

3.4.6. Monthly Inspection of Police Stations and other Detention Centres

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CHAPTER FOUR: PROBLEMS AND PROSPECTS OF THE ADMINISTRATION OF

CRIMINAL JUSTICE ACT 2015.

4.1. Institutional Constraints in Criminal Justice Administration

4.2. Problem of Institutional Framework

4.2.1. The problems associated with Arrest, Bail, and Preventive Justice

4.2.2. The problem associated with jurisdiction of Court

4.2.3. The problems associated with prosecution

4.2.4. Conflict between the Constitution and the Act

4.3. The prospects and Key innovations

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1. Summary

5.2. Observations and Findings

5.3 Recommendations

5.4. Conclusion

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TABLE OF STATUTES

Administration Criminal Justice Act 2015

Administration of Criminal Justice Laws of Lagos State 2011

The Central Bank of Nigeria Act 2006,

The Constitution of Federal Republic Nigeria (CFRN) 1999 Cap C23, LFN 2004

The Constitution of Federal Republic Nigeria (CFRN) 1963

The Criminal Procedure Code

Criminal Procedure Act Cap C41 Laws of the Federation of Nigeria (LFN) 2004

Economic and Financial Crimes Commission (EFCC) Act 2004

Evidence Act Cap E14 2011

Legal Aid Act, 2011

Legal Practitioners‟ Act 2007

Niger Delta Development Act Cap N86 LFN 2004

Penal Code

Police Act Police Act Cap P19 LFN 2004

Prison Act Prison Act Cap P29 LFN 2004

Legal Practitioners Act Cap L11 L.F.N. 2004 Terrorism

Act (Terrorism (Prevention) Act No. 10, 2011 Foreign

Statutes:

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United Nations Charter or Charter of the United Nations 1945,

African Charter on Human and Peoples' Rights (Also Known as the Banjul Charter)

Canadian Criminal Procedure and Practice

The Constitution of the United States of America

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TABLE OF ABBREVIATIONS

ACJA Administration of Criminal Justice Act

ACJL Administration of Criminal Justice Law

AGF Attorney General of the Federation

ANLR All Nigerian Law Report

CA Court of Appeal

Cap Chapter

CBAN Canadian Bar Association National

CBN Central Bank of Nigeria

CCC Canadian Criminal Code

CFRN Constitution of the Federal Republic of Nigeria

CIP Classification of Instructional Programmes

CJN Chief Justice of Nigeria

CPA Criminal Procedure Act

CPC Criminal Procedure Code

COP Commissioner of Police

DNA Deoxyribonucleic acid

EFCC Economics and Financial Crime Commission

EU European Union

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FRN Federal Republic of Nigeria

IGP Inspector General of Police

JCA Justice Court of Appeal

JSC Justice of Supreme Court

LFN Laws of Federation Nigeria

LPA Legal Practitioners Act

LPELR Law Pavilion Electronic Law Report

NBA Nigerian Bar Association

NCES National Centre for Education Statistics

NCCMS Nigeria-Court-Case-Management-System

NDDCA Niger-Delta Development Commission Act

NIPC Nigerian Investment Promotion Commission

NWLR Nigerian Weekly Law Report

OAU Obafemi Awolowo University

PDF Portable Document Format

PDP Peoples‟ Democratic Party

Pt. Part

SAN Senior Advocate of Nigeria

SC Supreme Court

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SCNJ Supreme Court of Nigeria Judgment

SMC Supreme Military Council

URL Uniform Resource Locator

USA United State of America

WA West Africa

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ABSTRACT

The recent revelation that it takes twenty two long years to conclude a case up to the Supreme

Court, and between five to ten years at the state High Courts, which has made public the challenge

of criminal justice administration in Nigeria is startling. Even without further query, it

presupposes that the problem with the judiciary is deeply entrenched at the root of its entire

structure, and beginning from the court gatemen to bailiffs, clerks, registrars, and messengers

down to typists and other official who play equally very essential roles in the administration of

justice. Reasons being that most times court processes are not served on parties except money

exchanges hands between litigants/counsel and court official or the police and prison official who

complain of lack of logistics and adequate remuneration/mobilization. This, and many others for

the umpteenth time, has hindered and is still clogging the wheel of justice from grinding on full

development.

The whole gamut of the Act is geared toward achieving efficiency and maintaining effective

delivery in the administration of criminal justice institutions. It is not merely important that justice

should be done but it is necessary that it should be manifestly and judiciously seen to be done.

Yet, in recent times, there have been lots of complaints against the institutions in charge of

administration criminal justice system, in Nigeria. These problems, some of which have been traced

to criminal institutions and the law itself, are congestion of courts workloads, delay in dispensation

of justice, abuse of the processes and inefficiency by the practitioners and/or law enforcement

personnel, delay issuance of Attorney General's Copy of legal advice and prisons congestion. These

necessitated the re-enactment of the law to possibly cure the ills complained of. Ideally the

lawmakers of the Federal Republic of Nigeria have a mandate to make laws for the peace, order

and good government of the Federation or any part thereof had to repeal the former criminal

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procedures and collapse them into one, which emerged as the Administration of Criminal Justice

Act in (ACJA) 2015.

The preoccupation of this research is to evaluates the entirety of the Act particularly as it concerns

its innovations which effectively guarantees access to justice, rule of law, humane treatment and

dignity of suspect, defendant or victim and its quest to ensure, promote and make certain the

efficient management of criminal justice institutions, speedy dispensation of justice in Nigeria.

Keywords: Administration of criminal justice, access to justice, problems and prospects.

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CHAPTER ONE: GENERAL INTRODUCTION

1.1. BACKGROUND TO THE STUDY

It is in the open knowledge that cases, civil or criminal, take forever before they are ever concluded

either at the trial or appellate courts. Notwithstanding this, there are many other incalculable twists

and chances position to obstruct the steering wheel of justice administration and distribution in

Nigeria. These systemic disappointments have had the fates of countless citizens hanging in the

balance1.

At least these arguments can be confirmed in the following cases of; Ariori v. Elemo2 where it

took twenty years for the case to reach the Supreme Court and was set de novo. In Edet Effiom v.

the State,3 it took ten years while Al-Mustapha Hamzat v. The State,4 where the

defendant/appellant was arrested on October 1998, the matter went up unto appeal in year 2013

and when it concluded at the Court of Appeal it was exactly 15 years. In recent times, the likes of

Colonel Sambo Dasuki (Rtd), the former National Security Adviser (NSA) to President Goodluck

Ebele Jonathan led administration, alleged to have misappropriated $2.1 billion meant for

procurement of firearms to prosecute the Boko Haram insurgency, arrested on 29th December,

20155 was recently released from detention. This demonstrates that the criminal justice

administration in the country needs to be position in a better standing.9

1 Akamba J. Agbor, Problems and Prospects of Administration of Criminal Justice Act (ACJA) 2015, being a long essay submitted to Faculty of Law, University of Ibadan, 2016 sourced from www.academia.com on 25th February 2020 2 SC 80/1981[1983] ANLR 1 3 (1988) 12 SCNJ (PT. 1) 79 4 (2013) LPELR-20995(CA) 5 Channels Television. Updated February 26, 2016, available at www.channelstv.com

9 A.B. Mahmoud op. cit. p. 5

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In 2015, the Goodluck Ebele Jonathan’s administration had to assent to a bill of the National

Assembly24 thereby passed into law the Administration of Criminal Justice Act,6 ACJA, 2015.7 In

this, it is provided that the administration of criminal justice in the courts8 of the Federal Capital

territory9 (FCT) and other Federal Courts10 in Nigeria11; and for related matters as an improvements

to complaints touching the ills and backdrops inherent in the criminal justice system. In a nutshell,

the ACJA presupposes that the system is in fetters and a chain hence it aims is to deliver it through

efficient management of criminal justice institutions, speedy dispensation of justice, protection of

society from crime, protection of the rights and interests of the suspect, protection of the rights and

interests of the defendant, protection of the rights and interests of the victim12.

1.2. STATEMENT OF THE RESEARCH PROBLEM

The Administration of Criminal Justice Act 2015 lay down the processes to be followed to punish

or acquit an offender or an innocent suspect. The Nigerian Constitution provides that any person

charged with a criminal offence has a right to be presumed innocent and a right of fair hearing in

public within a reasonable time by a law court13. Yet, in recent times, there have been lots of

complaints against the institutions in charge of administration criminal justice system, in Nigeria14.

6 ACJA commenced on the 13th May, 2015. 7 The ACJA repealed all prior criminal procedure laws particularly the Criminal procedure Code (CPC) operating in

Northern Nigerian and the Criminal Procedure Act (CPA) and as well merged them with the Administration Justice

Committee Act (AJCA) into one for the purpose of criminal justice administration in the country. 8 ACJA preambles 9 Section 2(2)(4)(5) CFRN 10 Section 6(1) CFRN 11 S.2(1)(2) CFRN 12 Akamba J. Agbor op. cit. 13 Ibid 14 Ibid

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These problems, some of which have been traced to criminal institutions and the law itself, are

congestion of courts workloads, delay in dispensation of justice, abuse of the processes and

inefficiency by the practitioners and/or law enforcement personnel, delay issuance of Attorney

General's Copy of legal advice and prisons congestion. These necessitated the re-enactment of the

law to possibly cure the ills complained of. Ideally the lawmakers of the Federal Republic of

Nigeria have a mandate to make laws for the peace, order and good government of the Federation

or any part thereof had to repeal the former criminal procedures and collapse them into one, which

emerged as the Administration of Criminal Justice Act in (ACJA) 201515.

The preoccupation of this research is to evaluate the entirety of the Act particularly as it concerns

its innovations which effectively guarantees access to justice, rule of law, humane treatment and

dignity of suspect, defendant or victim and its quest to ensure, promote and make certain the

efficient management of criminal justice institutions, speedy dispensation of justice in Nigeria. As

well as its problems and future prospects. Others are the protection of the society from crime and

protection of the rights and interests of the suspect, the defendant, and the victim and ensure

compliance with the provisions for the realization of those purposes in the system of administration

of criminal justice. This work's high point centers majorly on the salient provisions like non-

custodial sentencing such as deportations, community service, rehabilitation and correctional

centers, parole, fine and others which are new to the Nigerian criminal justice system. It also

explores the challenges and prospects of the Administration of Criminal Justice Act and its

attendant effect on the Nigerian justice system16.

15 Ibid 16 Ibid

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1.3 AIMS AND OBJECTIVES OF THE STUDY

The aim of the study will be to examine some of the provisions of the Administration of Criminal

Justice Act particularly as it concerns the congestion of courts with criminal cases, delay in

dispensation of justice, stay of proceedings in criminal cases, remand and holding charge custody,

improper charge and information before a trial court, etc. The objectives of the study are to

ascertain the purpose of the law, the impact of the law on the society, the role of the law and the

purpose of the Administration of Criminal Justice Act as an access to justice, rule of law and

protection of human dignity17.

1.4. SCOPE AND LIMITATION OF THE STUDY

This long essay centers mainly on the Administration of Criminal Justice Act, its effects and the

attendant changes cum differences between it and penal laws that were in existence before it. It

also seeks to look into the shortcoming of the Nigerian criminal justice system and prospects and

indeed the way out of the loopholes inherent in the Act.

As noted on that 18this long essay is limited to the positive and negative effects of administration

of criminal justice act in Nigeria, the long essay encountered some forms of setbacks in the attempt

to meet a satisfactory standard in this project work.

1.5. SIGNIFICANCE OF THE STUDY

The research is very important as it seeks address some ascertain challenges bedeviling the

administration criminal justice and also going forward to proffer solutions. It views in certain ways

17 Ibid 18 Ibid

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a better practice and procedure for criminal justice delivery under the Administration of Criminal

Justice Act 2015. It discusses unidentified problems which law writers may have not addressed,

with a view to proffer solutions. Hence, the study seeks to enlighten the average Nigerian on their

rights, the law enforcement officer on the modalities, and the practitioners on the best practices to

attain the ends of justice through the means offer by law.

1.6. RESEARCH METHODOLOGY

The study uses observational and analytical methodology to examine the problems and prospects

of Administration of Criminal Justice Act 2015. The research depends on that facts obtained from

principal and ancillary sources. Thus, the Constitution of Federal Republic of Nigeria 1999 (As

amended)19 , the now repealed Criminal Procedure Act20 (CPA), Criminal Procedure (north) Code

(CPC)21, Administration of Justice Committee Act (AJCA)22 Administration Justice Law (AJL)23,

Nigerian Police Act,24 the Prisons Act25, amongst others as principal source. The ancillary source

include relevant materials on the internet, books, essays, journals and articles published on the

subject matter together with the opinions of courts in judicial decisions. During the research, some

law firms and police stations were visited to elicit information directly from lawyers and police

officers.

This research is a purely Qualitative research, hence it does not infringe human right nor in

breach of ethical conducts, i.e Plagiarism.

19 Cap C23 Laws of the Federation of Nigeria(LFN) 2004 20 Cap C41 Laws of the Federation of Nigeria (LFN) 2004 21 Cap C43 Laws of the Federation of Nigeria (LFN) 2004 22 Cap A3 Laws of the Federation of Nigeria (LFN) 2004 23 Laws of Lagos State 2011 24 Police Act cap P19 LFN 2004 25 Cap P29 LFN 2004

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1.7. LITERATURE REVIEW

In the view of Dambazau: “Administration of Criminal Justice is both a legal process and an

academic discipline.26 That as a legal process; “it involves the procedure of processing the person

accused of committing crime from arrest to the final disposal of the case”. Oluwatoyin Doherty

followed this line of reasoning in her work before the former author and holds that criminal

procedure is, therefore, the method laid down by law for the bringing of a person who is alleged

to have committed a crime before a court for trial. It also deals with the method to be adopted by

the court of trial, the powers of the court of trial, the right of appeal of a person convicted of a

crime and the right of the proceedings _the prosecutor.” Finally, it deals with the rules governing

the procedure in the appellate courts.27

Further in a similar view, Clare and Krammer said that it is conceivable to see criminal equity as

a succession of dynamic stages. Through this framework wrongdoers are either given to the

following stage or redirected out of the framework. This preoccupation might be because of any

number of reasons, for example, absence of proof or want to diminish the heap on the framework.

Each ensuing phase of the procedure is needy upon the past stage for its components; it is this

reliance that best epitomizes the framework idea of criminal justice.”

In the above views, the process, the road, and the system were considered paramount. However,

the hitches on the roads and how are they are to be resolve and overcome were not taken into

consideration. It is the deliberation of the whole effect of the process and its attendant effect on the

society that is the preoccupation of this research. Hence, this research looks exhaustively at the

law, its mechanisms and the effects on ordinary people who may have to traverse that process with

26Dambazau, A.B. op. cit. p. 174 27 Doherty, O. op. cit. p.2

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astonishing burden. On the law, it evaluates its strength and weakness with regards to the purpose

it aimed to achieve. On the mechanisms, it looks at the defects inherent in the criminal justice

institutions and the system as a whole that may likely undermine and clog the wills of the law from

realizing justice. And the people or society; what will be the effect during and after the whole

process. Can they and the society pick their scattered life back into one piece or be scattered

irresolvable forever; and will that have achieved the goal of justice?

1.8. ORGANIZATIONAL LAYOUT OF THE STUDY

The study titled: “A Critical Appraisal of the Innovations, Problems and Prospects of the

Administration of Criminal Justice Act, 2015 in the Nigerian Justice System” comprises five (5)

chapters. The first chapter (Chapter 1) is the general introduction to the research. The second

chapter (Chapter 2) is dedicated to some salient provisions and the general overview of the

Administration of Criminal Justice Act. The third chapter (Chapter 3) is concerned with the

problems and prospects of the Administration of Criminal Justice Act. The fourth chapter (Chapter

4) looks at the innovations introduced in the new Administration of Criminal Justice Act;28 At the

end, the fifth chapter (Chapter 5) detailed the thesis’ summary, conclusion and recommendations.

28 S.270 ACJA

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CHAPTER TWO

THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA), 2015

2.1. THE ACT AT A GLANCE

The inherent flaws which have been mentioned in the previous chapter were multifaceted and the

old methods of prosecuting criminal offences in the 19th century compare with the realities in the

21st century. Second is the introduction of delaying tactics which culminated congestions of court

criminal cases and custody imprisonment. Third is derived from the overall purposes which could

be said are aims to create access to justice, equality before the law and protection of human dignity

in the 21st century. The Administration of Criminal Justice Act, therefore, is an outcome of such a

task enacted, after a considerable study of the problems associated with the Nigerian criminal

justice, to tackle those dilemmas and conflicts resulting from criminal deviance in the society, and

to make the society a worthy place for human existence29.

2.2. OVERVIEW OF THE ACT

Generally the ACJA is in 49 parts, divided into 495 sections with 4 Schedules, which scrapped the

Criminal Procedure Act, the Criminal Procedure Code and Administration of Justice Commission

and condensed them into ACJA made applicable in all Federal Courts and courts in the Federal

Capital Territory (FCT), Abuja, Nigeria30.

29 Akamba J. Agbor op. cit. 30 Akamba J. Agbor op. cit.

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2.3. CONCEPTUAL FRAMEWORK OF THE ACT

The Administration of Criminal Justice Act is an administrative or a procedural law that is expected

to command compliance on its provisions. The question most likely now is not what necessitated

its enactment; reasons have been adduced aplenty, particularly to cure the ills enumerated in the

dispensation of criminal justice. The most effective function, however, will be how to achieve its

goals; to guarantee and protect interests of the suspects, defendants and victims. This is

ascertainable from its preoccupation. In this manner, the ACJA constricts its interests into three

obvious objectives namely, access to justice, rule of law or equality and preservation of human

dignity under the law31.

This means scrupulous application of the ACJA should follow the spirit and letter of Constitution;

even if a person is caught in flagrante delicto (i.e. red handed), which ordinarily challenges the

concept of ‘presumption of innocence’ in the mind of an ordinary man who has seen the fellow

actually. The concern here is that access to justice should be made available to all, guided by rule

of law and human dignity under the law preserve.32 This should be so in order to remedy these

problems which necessitated its existence and, for a holistic compliance to achieve its purpose.33

2.3.1. THE ACT AS AN ACCESS TO JUSTICE

Access to justice is a right and a fundamental claim available to all for the protection of interests.

According to Wahab Shittu, access to justice will not mean just access to lawyers and courts. It is

much more broader than this as it encompasses a recognition that everyone is entitled to the

31 Ibid 32 Ss. 6-8 ACJA 33 Ss. 1 and 2 ACJA

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protection of the law and that whatever rights we seek to protect are meaningless unless those

rights can be enforced with minimal constraints to the aggrieved persons and under circumstances

ensuring that all manner of people are treated fairly according to the law and are able to get

appropriate redress in circumstances when they are treated unfairly34. In this context, there is no

access to justice where citizens especially the marginalized groups not only conceive the system

as frightening, or alien or in circumstances where citizens have no lawyers either because of

inadequate resources to access them, or where individuals lack access to information or knowledge

of their rights or where the system is fundamentally weak in delivering justice to the citizens.35

Altogether, access to justice has been construed to suggest severally or one of the followings: a

right to appear in court or the method or attitude on the path to fairness; the way of administering

law according to what is due or deserved. However, as it concerns criminal justice, access to justice

may well mean (i) the right of the suspect, victim, defendant and society to come to court and get

what is appropriately justified, (ii) the ideology that guides the management of criminal justice by

having cases concluded appropriately in court of law. By means of this, the aforementioned stands

fathomable as justice pays everyman for his demeanours36.

2.4. THE RIGHT TO APPEAR IN COURT OF LAW

The question then is not whether access to justice is a natural right or any privilege at all, but to

what relevance it is to a suspect, defendant or a victim who in this instance may be a serial killer

34 Ibid 35Wahab Shittu (2015); What’s wrong with Administration of Criminal Justice Act? In The Nation Newspaper;

August 25, 2015. Retrieved from http://thenationonlineng.net/whats-wrong-with-administration-of-criminal-

justiceact-2/ last accessed on 29/02/2020. 36 Ibid.

26

or corrupt government official and if so, how safe is the criminal justice system?37 At hand is the

constitutional provision that every time any person is indicted of committing a criminal offence,

he shall, remain eligible to an impartial inquiry in public within a judicious interval in a court

tribunal, except the charge is withdrawn,38 he shall be acknowledged to stand blameless in

anticipation of being proven guilty.39

Basically the interests of suspect or defendant or victim are those accepted and provided to him by

law, especially the Constitution. The foremost is presumption of innocence, followed by fair

hearing. These are the conundrum of the right of the suspect or defendant. For whatever reason

and however anybody may feel, the law is that a suspect should be presumed innocent whether or

not he was caught in flagrante delicto. Deriving from this, the law enforcement have a

responsibility which though discretionary, to bring a suspect before a court of law. If such duty has

been waived, then the suspect should be left off the hook40.

2.4.1. ADVOCACY FOR THOSE WHO CANNOT MEET THE EXPENSE OF IT

In Nigeria, the Legal Aid Council was established as a national agency41 and expected to maintain

offices in all the states of the federation. Over four decades, precisely between 1976 and 2016, the

Legal Aid Council of Nigeria is still crawling and largely ineffective because of inadequate

funding, lack of personnel, lack of publicity and inadequate information on access to justice, delay

in treating case files by the Director of Public Prosecution (DPP), delay in investigating crimes by

37 Ibid 38 S. 36(4) of CFRN 39 S. 36(5) of CFRN 40 Akamba J. Agbor op. cit. 41 A.B. Mahmoud, (1998); Institutional Framework and the Constraints in Criminal Justice Administration; in

Administration of criminal Justice and Human Rights in Nigeria, Muhammed Tabiu ed. (1998), National Human

Rights Commission Publication, pp. 13-15

27

the police, prison congestion, delays in the administration of justice, lack of empowerment of the

legal aid council to provide legal aid services in respect of certain categories of persons and matters

and the scope of eligibility for legal aid is not wide enough.42

2.4.2. THE ACT AS RULE OF LAW

The ACJA is the standard rule for criminal proceedings. In it procedures, it is provided that “the

courts, law enforcement agencies and other agencies of criminal justice administration shall ensure

compliance with the provisions of this Act for the realization of its purposes43 as the provisions of

this Act shall apply to criminal trials for offences established by an Act of the National Assembly

and other offences punishable in the Federal Capital Territory, Abuja and also that this Act shall

apply to all criminal trials and proceedings unless express provision is made in respect of any

particular court or form of trial or proceeding.”44

2.4.3 IDEOLOGICAL CONFLICTS45 ON RULE OF LAW IN THE ACT

Law remains a construction of enforceable commands fundamental to the society and promulgated

by a body like the government. Understandably it is connected to ideals, which denote, a universal

logic, in a system of politically conscious thoughts.46 In this vein, ideologies, just as legal systems,

are spread through the political spectrum. Moreover, legal systems are ideologies which may be

42Ijeoma Okoronkwo, The Lawyer's Chronicle cited by Legal Aid Council available at

http://www.legalaidcouncil.gov.ng/index.php?option=com_content&view=article&id=143%3Alegal-aid-

innigeria&catid=43%3Alatest-news&Itemid=65retrieved on 24/08/2016 43 S.1(2) of ACJA 44 S. 2(1) and S.86 of ACJA 45Sypnowich, C. (2004), "Law and Ideology", The Stanford Encyclopaedia of Philosophy (winter 2014 Edition),

Edward N. Zalta (ed.), URL =available at <http://plato.stanford.edu/archives/win2014/entries/law-ideology/>.

Retrieved on 29/08/16 46 ibid

28

liberal, fascist, communist, and so on, as have been accepted as the manifestation of a political

system. If this is so, one may not be wrong to presume that the practice and doings of law are

designed by people's political dogmas, and given the impression that law originate from ideology

in an honest and indisputable manner47.

CHAPTER THREE: INNOVATIVE PROVISIONS OF THE ACT

3.1. UNLAWFUL ARREST:

“Already, before the order and marking into law of the ACJA 2015, the police under Section 10 of

the Criminal Procedure Act (CPA), pertinent toward the southern piece of Nigeria, could capture

an individual without a warrant if the individual has no apparent methods for sustenance and can't

give an acceptable record of their exercises. This arrangement, in the surviving CPA prompted the

police and other law requirement offices capturing family members and companions of supposed

presumes when they can't be connected to an offense. The Administration of Criminal Justice Act

2015 has disallowed this. Section 2-7 of the ACJA obviously has set out the techniques to be

followed when arrests are carried out by the police. Of particular interest is section 7 of the

ACJA.”48

3.2. CONSTITUTIONAL RIGHTS OF SUSPECT

“Aside from the rights inherent in the Constitution , the ACJA likewise made expound arrangement

for the protection of the constitutional privileges of arrested individuals. Section 6 gives that a

47 Ibid 48 S. 7 expressly prohibits arrest in lieu of suspects, and by so doing, the police or any law enforcement agency

has no power whatsoever to arrest a mother for an offence committed by the son or daughter.

29

suspect will be educated regarding the explanation behind his/her arrest, and furthermore place an

obligation on the officer making the arrest to inform the person to be arrested advise the individual

of their privileges to stay quiet or abstain from responding to any question or making, embracing

or composing any statement, until after counsel with a legal practitioner or any other person of his

own choice.”49

3.3. ARRAIGNMENT IN COURT WITHIN A REASONABLE TIME

“The ACJA gives a provision that a suspect will be brought to court within a reasonable time or

discharged on bail, regardless of whether restrictively or unconditionally. This arrangement is in

consonance with the arrangement of the constitution, which up to this point characterized a

reasonable time to mean 24 hours or potentially 48 hours, individually, contingent upon the range

of the court from the confinement centre.”50

3.4. THE INNOVATIONS BROUGHT BY THE ACT

3.4.1 ESTABLISHMENT OF THE ADMINISTRATION OF CRIMINAL JUSTICE

MONITORING COMMITTEE

“Section 469(1) accommodates the foundation of the Administration of Criminal Justice

Monitoring Committee as a body with the duty of guaranteeing compelling use of the Act. Aside

from guaranteeing powerful and productive usage of the Act by the distinctive applicable

organizations, the Committee will likewise, in addition to other things, guarantee that criminal

issues are expediently managed, blockage of criminal cases in courts is radically diminished, clog

49 Evelyn Okakwu op. cit. 50 See section 35(5) (a) of the Constitution of the Federal Republic of Nigeria 1999, as amended.

30

in jails is decreased to the barest least and people anticipating preliminary are, beyond what many

would consider possible, not kept in prison custody.”51

3.4.2. MANDATORY INVENTORY OF PROPERTY

“Another achievement accomplished gave by the Act concerns the compulsory recording of the

inventory of property, which the ACJA presents . This arrangement makes it compulsory for a law

implementation official to take inventory or properties recuperated from suspects and this must be

marked by the cop and the suspect. The law further gives that where a suspect won't sign the

inventory, such shall not invalidate the inventory as copies will also be given to him or her, as well

as to his legal practitioner or such other person as he may direct. One incredible development

deserving of note here under Section 10, is that where the suspect isn't charged however is

discharged on the ground that there is no adequate or sufficient reason to charge him, any property

taken from the person in question will be returned, given the property isn't associated with or

equivalent to the returns of wrongdoing.”52

3.4.3. RECORDING OF ARREST AND CONFESSIONAL STATEMENTS

In recording the declaration of a supposed suspect, the Act in setting down techniques, calls for

mandatory record of individual data of a captured individual in section 15. The conclusion of such

recording should be at a reasonable time not exceeding 48 hours [section 15(2)]; section 15(4)"

gives that where an assume volunteers is to make a confessional statement, such enunciation will

be recorded electronically and will be recorded as a hard copy or might be electronically recorded

on a retrievable video minimal plate or such other various media implies

51 S. 469 of ACJA 52 Evelyn Okakwu op. cit.

31

3.4.4. ESTABLISHMENT OF THE POLICE CENTRAL CRIMINAL REGISTRY

“Section 16 of the Act accommodates the foundation of a Police Central Criminal Registry, which

is to be situated in all the Police Commands of the 36 states and the Force Headquarters, Abuja.

Likewise all states, including the Federal Capital Territory, are to guarantee that the choices of the

courts in every criminal preliminary are transmitted to the central criminal registry with 30 days

after the delivery of judgment.”53

3.4.5. MONTHLY REPORT BY THE POLICE TO SUPERVISING MAGISTRATES

Section 33 of the ACJA 2015 aides the police to dispatch a report on the last working day of reliably

to the nearest judge on the occasions of all suspects caught with or without warrant inside the

requirement of their specific stations or organizations, whether or not the suspect has been admitted

to bail or not. Upon receipt, the official is to propel the report to the Administration of Criminal

Justice Monitoring Committee"54. The Committee will examine the report and advice the attorney

general of the alliance on the patterns of capture, bail and related issues. The attorney general of

the Federation, upon demand, will likewise make the report accessible to the National Human

Rights Commission, the Legal Aid Council and Non-Governmental Organizations.”55

53 Ibid 54 Administration of Criminal Justice Monitoring Committee. 55 Evelyn Okakwu op. cit

32

3.4.6. MONTHLY INSPECTION OF POLICE STATIONS AND OTHER DETENTION

CENTRES

“As provided under Section 34 of the Administration of Criminal Justice Act ACJA 2015, the Chief

Judge is to assign the central officer or some other officer to complete, on a month to month

premise, a visit to police headquarters and other confinement places. The reason for the visit is to

call for and review the record of captures, direct the arraignment of suspects, or where bail has

been rejected, award bail to any suspect where appropriate. The visiting magistrate is engaged to

treat any default by an officer in-charge of a police station or any agency as misconduct and deal

with such in accordance with the relevant law.”56

56 Ibid

33

CHAPTER FOUR: PROBLEMS AND PROSPECTS OF THE ADMINISTRATION OF

CRIMINAL JUSTICE ACT

4.1. INSTITUTIONAL CONSTRAINTS IN CRIMINAL JUSTICE ADMINISTRATION

By virtue of s. 1 (1) the ACJA is to ensure administration of criminal justice promotes efficient

management of criminal justice institutions, speedy dispensation of justice, protection of the

society from crime and protection of the rights and interests of the suspect, the defendant, and the

victim. The objective to ensure proper administration and efficient management of criminal justice

institutions is to realized quick dispensation of justice and protect the society from crime as well

as the rights and interests of the suspects, defendants and the victim. So the way the ACJA is

structure is justice achievement oriented.57

On the contrary, the criminal justice institutions are in the state of malfunction and this in part is

traceable to faulty institutional structures, which involves the various criminal justice institutions.

For instance, the police, the various judiciaries, Federal and States, the Offices of Attorney General

Federal and State, the Prison Services, the Legal Aid Council, the Bar, and to some degrees the

ministries of health in the State are considerably, inactive. The administration of criminal justice

is a precise or well-organized supervision and harmonization of the functions of these

57 Akamba J. Agbor, Problems and Prospects of Administration of Criminal Justice Act (ACJA) 2015, being a long essay submitted to Faculty of Law, University of Ibadan, 2016 sourced from www.academia.com on 25th February 2020

34

organizations. But this is not the case in that these institutions in part contribute to delays and

congestions in prisons and courts. Again, there is also buck passing common among them.58

4.2. PROBLEMS OF INSTITUTIONAL FRAMEWORK

The ACJA further envisages that the courts, law enforcement agencies and other agencies of

criminal justice administration should ensure compliance in order to realize its purposes. The

implication here is to evolve a harmonious working relationship between the institutions of criminal

justice administration. The police and the lawyers have never seen themselves as comrade. There

is the air of superiority and competition between them.

As important as the institutions of criminal justice administration are, they are improperly

coordinated. There seem to be lack of committed efforts, proper planning, and adequate control

and budgeting from both the federal and states government. The calls for reform of these

institutions most times fall on deaf ears. Efficiency is unlikely to be attained even in State as some

of these institutions are outside the States direct control. Aside, these institutions are inherently

resistant to pressure for change or reform. It is necessary to revealed that those at the receiving end

bear the brunt of these institutions as they lack the wherewithal to exert the required change. These

have occasion grave consequences in the criminal justice system.

58 Mahmoud, A.B. op. cit. 1 cited in Akamba J. Agbor, Problems and Prospects of Administration of Criminal Justice

Act (ACJA) 2015, being a long essay submitted to Faculty of Law, University of Ibadan, 2016 sourced from

www.academia.com on 25th February 2020 by 1: 00pm

35

The second other problem associated with ACJA is one which this research considers contextual.

Contextual in the sense that the language units and area of determination of the ACJA; does not

lend itself to easy understanding; and its application to an extent incompatible with provisions of

the constitution. In particular the position of; (a) arrest, bail and preventive justice; (b) the

jurisdiction of Courts; (c) the problem of prosecution and sundry other issues but suffices these

abovementioned59.

4.2.1. THE PROBLEMS ASSOCIATED WITH ‘ARREST, BAIL, AND PREVENTIVE

JUSTICE

In the first place, except by courts‟ order a person cannot be arrested. Since arrest will deprive a

person of his liberty and freedom of movement legally and constitutionally guaranteed. However,

if there are reasons given which the above provisions can be derogated upon, there must be legally

followed. that is, it is only when has been found guilty by court; or in contempt of court, or there

is a reasonable suspicion of his having committed a crime. This the base of the ACJA provision of

arrest. When a person has been alleged of or charged with a commission of a crime enacted by law

of the Federal Legislature. ACJA follows its predecessors in providing for arrest before

investigation and inquiry into the crime is made by agencies invested with prosecutorial powers.

Furthermore, these constitute the constraints to realizing its purposes and objectives as provided.

59 Akamba J. Agbor, Problems and Prospects of Administration of Criminal Justice Act (ACJA) 2015, being a long

essay submitted to Faculty of Law, University of Ibadan, 2016 sourced from www.academia.com on 25th February

2020 by 1: 00pm

36

Chiefly among these are speedy dispensations of justice, decongestions of courts and prisons,

etcetera. For in the instant where the accused person without appropriate and proper charge is

dump in prison amount to abuse of the process which matters are tried in court of which the ACJA

intends to provide succor. More so, it denies a suppose suspect the ability to access justice since

his right are suspended, the rule of law derogated and his dignity impugned upon.

In the place of notification and rights of arrest as earlier mentioned, it is not clear, if a private

person makes arrest and did not know those right available to the accused, what becomes of the

process? Again, a private person is expected to make a formal witness statement against the

accused that he hands over to the police,60 it is not clear what the ACJA meant by “re-arrest‟ in

the instant that an accused has been handed over to the police.61 Second, Justice of Peace,

Magistrate or Judge can make arrest; it is not cleared whether such a judicial officer will also

submits a formal witness statement and if it is so, the law entitles an accused person to confront

his accuser at the witness box. What because of the process where the judge is both a prosecutor

and the twin pillars of fair hearing; Nemo judex in causa sua and alteram partem.62

4.2.2. THE PROBLEM ASSOCIATED WITH JURISDICTION OF COURT

The criminal jurisdiction of the ACJA is provided and bestowed on the federal high court and other

courts created by reason of an Act of the National Assembly with criminal trial jurisdiction except

the Court Martial. This conferment can traced to the CFRN where it is provided that the Federal

High Court shall also have and exercise jurisdiction and powers in respect of criminal causes and

60 S.23(5) ACJA 61 S.23(6) ACJA 62 Ss. 24-26 ACJA

37

matters in respect of which jurisdiction is conferred by subsection (1) of this section.63 One could

infer from the above that state courts will not apply the provisions of the ACJA. Nevertheless the

position in section 86 is not very clear; particularly that the ACJA is applicable to all criminal trials

and proceedings except there is express provision made in respect of any particular court or form

of trial or proceeding. The confusion is one of whether the ACJA is covering the field in criminal

jurisdiction. Because in INEC v. Musa64the court observed that the doctrine of covering the field

arise where a state House of Assembly enacted a law which the National Assembly had already

enacted an Act covering the matter65.

Another problem arises where the ACJA provides66 that “court “means Federal Courts and the

Magistrates‟ Court; and that “Magistrates‟ Court” means Magistrates‟ Court established under the

law of a State or of the Federal Capital Territory. The question then is whether the magistrates

Court not created by an Act of the National Assembly can apply an Act enacted by the National

Assembly? In what cases and how will it applies or whether this interpretation does not lend itself

to evasiveness? This is so because jurisdiction is fundamental to the realization of criminal justice

administration’s goals. For the reason that the prosecutor will not be at lost on which court to

approach, to institute criminal proceedings against an accused person. Conversely, in a situation

where the jurisdiction of the court is indeterminate it will lead to running from pillar to post in

search of a court with criminal jurisdiction67.

63 S.251(1)(3) of CFRN 64 [2003] 3 NWLR (Pt. 606) 72 65 Akamba J. Agbor op. cit. 66 S. 494 ACJA 67 Akamba J. Agbor, op. cit.

38

In Okereke v. Yar‟Adua68the Supreme held that the issue of jurisdiction cannot therefore be

subjected to the dictates of any statute, including rules of court. Any case which therefore is an

abuse it was held69 must go under the hammer so as to halt the drift created abuse. In this vein, for

the ACJA to bring a charge to a court that has no jurisdiction is to encourage abuse of process

which will advertently affect the administration of criminal justice.

4.2.3. THE PROBLEM(S) ASSOCIATED WITH PROSECUTION

The Constitution70 provided for the powers of the Attorney General of the Federation and those of

the States and others who could by fiat, to commence the prosecution on the behalf of the state.

The Osahon’s Case has put to rest the imbroglio between who has the power to prosecute or not

between relevant authorities and other relevant rules of courts. This may seem as winning the battle

and yet to win the war because prosecution follows after arrest has been made. The constitution

also provides that upon arrest,71 within 24 hours or at most 48 hours because of the location of the

court, a person arrested of having committed criminal offence duly prohibited and the punishment

prescribed should be taken to court and criminal charges press on the indicted person or persons72.

But over the years it has seem impracticable because of a number of issues. Further, the police

have been found to obey these provisions in half-truths as they duly will bring a suspect on a‟

holding charge‟ rather that a criminal charge to a court that has no jurisdiction for an order by

application for remand. This has even been canonized in section 293(1) of the ACJA.

68 [2008] All FWLR (PT. 430) 626 69Dinyadi v. INEC [2011] All FWLR (PT. 581) 1426

70 Sections 174 and 211 71 S.35(5) CFRN 72 Akamba J. Agbor op. cit.

39

However, the problems militating against prosecution as means to realizing the purpose of

administration criminal justice, by the findings of this research, are:

a. Absence of probable cause

b. Deferred prosecution/prosecutorial immunity

c. The issuance of Legal advice/Prosecutorial discretion

d. Selective/Vindictive prosecution, and

e. Prosecutorial misconduct

4.2.4. CONFLICTS BETWEEN THE CONSTITUTION AND THE ACJA

Under the ACJA73 it is provided that when a person is arrested for an offence which a court has no

jurisdiction to try (shall) within a reasonable time of arrest the suspect should be brought before a

High Court for remand; An application for remand should be made ex parte and in the prescribed,

verified on oath and contain reasons for the remand request. The constitution did not make

provision for a court without jurisdiction. Rather, it is provided that “the judicial powers of the

Federation shall be vested in the courts to which this section relates, being courts established for

the Federation and those courts are listed under the constitution.74 Also that the judicial powers

entrusted those courts have no limitation on all inherent powers and sanctions of court of law; all

matters between persons, or between government or authority and to any persons in Nigeria, and

73 S. 293(1) ACJA 74 S.6(5)(a-k) CFRN

40

to all actions and proceedings relating thereto, for the determination of any question as to the civil

rights and obligations of that person. Of interest is S.6 (5) (k) which states that:

(j) such other courts as may be authorized by law to exercise

jurisdiction on matters with respect to which the National

Assembly may make laws.

The import from the above is that the Constitution did not envisage any court to be without a proper

jurisdiction. Moreover the inherent powers of a court cannot be exercise outside the purview of the

Constitution and these are the internal rules and orders of the courts; because the courts of law are

the custodian of the Constitution. Evidently, every court is adequately provided for. Criminal

matters may be, are not a cause that ought to be tried on ex parte application since the life and

liberty of an accused person is in a limbo75. In this wise the law provided for fair hearing that “a

person cannot be convicted of a criminal offence without that offence being defined and the penalty

therefore prescribed in a written law, and a written law refers to an Act of the National Assembly

or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.”76

Furthermore, the Constitution provides that reasonable time means arrest or detention where there

is a court of competent jurisdiction within a radius of forty kilometers, a period of one day 24 hours

or at worst two days (48 hours) or more considered by the court to be reasonable77.

The detention time limit78of ACJA arrogates too much vires and thus contradicts the provisions of

the Constitution. More so, the ACJA cannot validate and invalidate. It cannot hope to bring a

75 Akamba J. Agbor op. cit. 76 Ibid 77 S.35(5)(a)(b) CFRN 78 Part 30; sections 293-299 of ACJA

41

solution by aggravating the process itself. The reasons behind this submission is on the ground that

firstly induced to wit police may arrest when they are first instructed to or when there is a

reasonable suspicion; second the matter being brought to court with no competent jurisdiction. If

the police as a criminal justice institution fail to do the needful and proper thing should the ACJA

follow suits by responding to the scourge of so called “holding charge;” remand and Detention

Time Limits in 14 Days in the first instance, further remand for a period not exceeding another 14

Days and, in exceptional circumstances, for a final period of 14 days. Conflicting also the remand

time limits with the longer periods prescribed under the Terrorism (Prevention) Act (TPA79):

Detention for offences related to terrorism: s. 27(1) the court may, pursuant to an ex-parte

application, grant an order for the detention of a suspect under this Act for a period not exceeding

90 days subject to renewal for a similar period until the conclusion of the investigation and

prosecution of the matter that led to the arrest and detention is dispensed with80.

Further from the preceding, it should not be lost in a hurry that the constitution is the custodian of

the Nigerian legal system. Under the administration of criminal justice, this system should be

jealously guided, entrenched and followed as it is in section 36(5) of the CFRN. Further, is section

135(1) of the Evidence Act81 which stipulates the standard of proof require in criminal matters in

order to rebuttal the innocence of an accused person is, “proof beyond reasonable doubt.82 Hence,

a court that has no competent jurisdiction in a subject should not be allowed by the ACJA to play

Pilate to command remand on holding charge and destroy the life of innocent suspect compounding

woes to administration of criminal justice.

79 S.27(Terrorism (Prevention) Act No. 10, 2011 80 Akamba J. Agbor op. cit. 81 Cap E14 LFN, 2011 82 See Amusa v. The State [2002] FWLR (Pt.85) 382.

42

There is presumption of innocence and the proof is beyond reasonable. Such proof cannot be

determined in a court that has no jurisdiction, on the pretext of waiting for a copy of legal advice.

This process and the whole gamut in it impedes the purposes of justice and the rights of the accused

person. It makes the prosecution irresponsible and lazy about the work yet seeks the court to

assistance at the expense of the other. According to legal Dictionary83

An ex parte judicial proceeding is conducted for the benefit of only

one party. Ex parte may also describe contact with a person

represented by an attorney, outside the presence of the attorney. The

term ex parte is used in a case name to signify that the suit was

brought by the person whose name follows the term. However, under

the Constitution84, "No person shall … be deprived of life, liberty,

or property, without DUE PROCESS of law." A bedrock feature of

due process is fair notice to parties who may be affected by legal

proceedings. An ex parte judicial proceeding, conducted without

notice to, and outside the presence of, affected parties, would appear

to violate the Constitution. However, adequate notice of judicial

proceedings to concerned parties may at times work irreparable

harm to one or more of those parties. In such a case, the threatened

party or parties may receive an ex parte court hearing to request

temporary judicial relief without notice to, and outside the presence

of, other persons affected by the hearing.

83 legal-dictionary.thefreedictionary.com/ex+parte 84 S. 17

43

The point is that there is no semblance of due process of law in that provision. Moreover it has not

address the issue of why a suspect should be charge before a court when the police have not

completed investigation or why the alleged offender should even be brought before a court that

has no jurisdiction to try the offence at all. These issues are germane to the realization of its goals

as enumerated under ACJA85.

4.3. THE PROSPECTS AND KEY INNOVATIONS86

Ordinarily, having discussed much of the problems that may likely affect, in contradiction of, the

veracity of administration of criminal justice, it would seem apparently out of place to now

examine that there is also a future in it. This goes to show that there is absolutely nothing without

residue of good quality; except it is not considered circumspectly87. Evidently therefore, the

institutional and context wise factors are not a total barrier as the ACJA has shown that it can

remedy them88.

In the eye of a critic, nothing with issues ever additionally can be acceptable. Be that as it may, a

researchers preoccupation is to point out the merits and the demerits. To call attention to that a

few, if not all, demerits have the ability to manage the cost of favorable circumstances ceteris

paribus, (if all other pertinent things, elements, or component stay unaltered and being equivalent).

It is along these lines trusted that those other applicable elements of the ACJA, enumerated

85 S. 1(1)(2) and S.470(2)(a-h) 86Dakas C.J. Dakas, (2015); “Understanding the Administration of Criminal Justice Act 2015”; in the Annual

General Meeting of the Nigerian Bar Association (NBA), at the International Conference Centre, Abuja, Nigeria, on

August 25, 2015.pp.10-14. 87 Ibid. 88 Ibid

44

immediately below, continue the improvement or advance its motivation handing down them on

the next generation after the agrarian and colonial law that was so inherited and repealed in the

present generation .

Ordinarily, having discussed much of the problems that may likely affect, in contradiction of, the

veracity of administration of criminal justice, it would seem apparently out of place to now

examine that there is also a future in it. This goes to show that there is absolutely nothing without

residue of good quality; except it is not considered circumspectly89. Evidently therefore, the

institutional and context wise factors are not a total barrier as the ACJA has shown that it can

remedy them90.

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1. SUMMARY

“Having featured all the notable arrangements, issues, prospects advertisement developments of

the Act, it is sheltered to gather that the Administration of Criminal Justice Act is a progressive bit

of enactment which has realized critical upgrades in the Nigerian arrangement of criminal justice

administration. In any case, simply authorizing a decent law doesn't really mean compelling

utilization of that law. It is in this way important that all the organizations of criminal justice

administration must examine and comprehend the arrangements of the Act and furthermore work

in cooperative energy to guarantee the acknowledgment of the targets of the ACJA.”91

89 Ibid. 90 Ibid 91 Yemi Akinseye-George, ACJA 2015 – Background, Underlying Principles and Innovations

45

5.2. OBSERVATIONS AND FINDINGS

Over the range of this work, close attention was paid to the diverse execution workplaces under the

Act – the Nigeria Police Force, legal executive, and the Nigeria Prisons Service to review the

headway made in the utilization of the ACJA. A comparing correlation at the workplaces shows

that the legal executive has advanced the most endeavors towards consenting and completing

arrangement of the ACJA. These undertakings are also fortified by the calling of the past Chief

Justice of Nigeria, Justice Walter Onnoghen (resigned), for state legal associations to set up

exceptional courts to treat degradation cases, similarly as the setting up of the Corruption and

Financial Crimes Cases Trial Monitoring Committee (COTRIMCO), which are all to ensure

revived value organization on pollution cases in consistence with the ACJA 2015. While the whole

of the above isn't to express that the legal executives is at its best in consenting to the courses of

action of the ACJA, the certain and aware undertakings being made are estimable.

The prison workplaces need enough practical vehicles to pass on prisoners to court and ambulances

to take them to clinics, particularly during emergencies; the non-attendance of fundamental clinical

workplaces, prescriptions and help from government crisis centers; and moreover deficient eating

utensils and garbs for the prisoners, to indicate a couple. The working and living conditions of the

prison staff are in like manner a zone requiring pressing consideration.

In like way, the setting up of stakeholder committee group by the Attorney General of the

Federation to manage and speedy track the decongestion of prisons and the progressing order by

President Muhammadu Buhari to all state governors to work with their State Chief Judges to

release prisoners unnecessarily kept without reasonable treatment are an invited advancement and

46

positive developments to start to address the issues of jail blockages and anticipating preliminary

detainees, in accordance with the ACJA 2015.

5.3. RECOMMENDATIONS

Given the current financing requirement previously adduced, which militates against the viable

usage of the ACJA, 2015 by the applicable criminal agencies, it is imperative and exceptionally

earnest that for progress to be made with execution of the Act; generous speculation and budgetary

arrangements should be made in both human and material assets by the administrative and state

governments.

There is need of setting up all police agents and other law enforcement agencies on the course of

action of the Act, especially in relationship to arrest, confinement, bail and prosecution. There

should be the brief rebuild of all courts in Nigeria to check long hand making out of cases by Judges

in Nigeria, through the foundation of current communication device. State funded instruction and

sharpening about the arrangements of the ACJA,, 2015 is a crucial pre-basic for inhabitants to have

the alternative to screen, request and consider about the pertinent criminal justice administration,

where they renounce the plans of the Act. Efforts should be intensified by civil society

organizations, media and well-meaning Nigerians to educate the grassroots on the provisions of the

Act;

There ought to be more prominent duty from the national government and important criminal

justice agencies, most particularly the Nigeria Police, to executing the ACJA, 2015. The Nigeria

47

Police is urged to have set up a powerful interior oversight and responsibility framework that would

screen consistence of its officials and men with the arrangements of the Act. Also, the

Administration of Criminal Justice Monitoring Committee burdened with the obligation to

guarantee execution of the Act should be completely financed and prepared just as given the need

autonomy to convey on its command as stipulated in the Act. Corresponding to the Nigeria Prisons,

government must put forth attempts to engage detainees, in the case of Awaiting Trial Persons or

Convicts, so as to guarantee that they don't come back to jail upon discharge. Impact must be given

to S.468 of the ACJA 2015, concentrating on parole, to guarantee the decongestion of jails.

Especially, parts of the arrangement on post-jail restoration of prisoners and arrangement of

budgetary assignments for this must be attended to.

5.4. CONCLUSION

One of the critical enhancements accomplished generally by the criminal justice reforms is that

mindful endeavors has been made to sustain the benefits of the disputant and lessen delays in the

criminal system. In spite of the fact that most by far of the rights reaffirmed by the

Administration of Criminal Justice Act 2015, have been in presence before now, the ACJA

affirmation of them re-underscores the need to progress and guarantee them, just as ironing out

hazy areas in our criminal justice administration system that have been long past due. Most

importantly, as the last any desire for the regular man, the Act places a huge responsibility on the

shoulders of officials and judges, towards ensuring fruitful association of criminal justice in the

country. For Nigeria and Nigerians have the option to appreciate the elevated arrangements of the

Administration of Criminal Justice Act (ACJA) 2015 versus the Nigerian Constitution, the

Nigerian government ought to be accepted to be totally done to improving. the Nigerian

48

government should be believed to be completely carried out to improving the Nigeria criminal

justice framework by giving all that is expected to make the ACJA 2015 work.

49

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50

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2015”:

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• Terrorism (Prevention) Act No. 10, 2011

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