With the plethora of legal, procedural and institutional challenges that have long impeded the effective administration of criminal justice in Nigeria, it is hoped that the move by President Bola Tinubu to repeal and replace the Administration of Criminal Justice Act, 2015, will address the challenges, Davidson Iriekpen writes I t is with high hopes and great expectations that Nigerians look forward to the recent bill President Bola Tinubu transmitted to the National Assembly seeking to repeal the Administration of Criminal Justice Act (ACJA) 2015 and re-enact it as the Administration of Criminal Justice Act 2026. The proposed legislation is intended to provide a legal framework for the administration of criminal justice in the courts within the Federal Capital Territory (FCT) and other federal courts across Nigeria. It also seeks to establish the Administration of Criminal Justice Monitoring Council to promote effective and efficient administration of criminal justice in the country. The Senate President, Senator Godswill Akpabio, who read the president’s letter on the floor of the Senate, said Tinubu’s proposal seems to ensure that Nigeria’s criminal justice system promotes the efficient management of criminal justice institutions and guarantees the speedy dispensation of justice. Among the key reforms proposed are the abolition of trial-within-trial proceedings for confessional statements through new admissibility procedures, the establishment of a National Sex Offenders Register to be maintained by the Office of the Attorney-General of the Federation, the creation of a Witness Support Fund for the prompt payment of witness expenses and the introduction of plea forms to simplify arraignment procedures. Other proposed reforms include mandatory timelines for courts to determine no-case submissions, wider use of written witness depositions to accelerate trials, enhanced judicial case management, restructuring of the Administration of Criminal Justice Monitoring Council to broaden stakeholder representation, the appointment of an Executive Secretary for the council, granting of powers to the Attorney-General to issue implementation regulations and measures to prevent retrials resulting from the death, retirement or transfer of judges. Nigeria’s criminal justice system has long been criticised for delays in investigations, prolonged pre-trial detention, congested correctional centres, and slow prosecution of criminal cases. Before the enactment of the Administration of Criminal Justice Act (ACJA) in 2015, criminal procedures in the country were governed by separate laws, including the Criminal Procedure Act in southern Nigeria and the Criminal Procedure Code in the northern states, resulting in inconsistencies in the administration of justice. The ACJA 2015 was signed into law by former President Goodluck Jonathan to harmonise criminal procedure across federal courts and introduce reforms aimed at speeding up criminal trials and protecting the rights of suspects, defendants and victims. Before the law was enacted, the prosecution of high-profile persons had lingered in the courts for close to a decade without making any progress. But the beauty of the ACJA 2015 was the elimination of frivolous interlocutory applications to ensure the quick conclusion of criminal trials. Among its notable provisions are restrictions on unnecessary adjournments, mandatory recording of confessional statements, monthly inspections of detention facilities by chief magistrates, and provisions designed to reduce the use of prolonged detention without trial. When the landmark law was signed, many hailed it as legislation that would revolutionise the Nigerian criminal justice system, but as time went on, lawyers and judges started circumventing it. As laudable as the ACJA 2015 is, it is still characterised by delays in investigations and prosecution, inadequate deployment of technology in criminal proceedings, inefficient coordination among criminal justice institutions, ineffective case management mechanisms, and limitations in the monitoring and evaluation of compliance with the provisions of the Act. The delays in the Nigerian justice system have made many Nigerians to lose confidence in the judiciary and resort to self-help and seek vengeance for any act of injustice. It was not until the Supreme Court voided Orji Uzor Kalu’s conviction and ordered his release by declaring that Section 396(7) of the ACJA 2015 was unconstitutional, that many knew deficiency in the Act. The apex court ruled that the trial judge, who had been elevated to the Court of Appeal, lacked the jurisdiction to return to the lower court to conclude the trial, rendering his conviction null and void. Meanwhile, the section was to ensure speedy trail of criminal matters and curb the delay
Don't miss out on breaking stories and in-depth articles.
