By Rakiya A.Muhammad
As experts interrogate compliance with the Administration of Criminal Justice Act (ACJA) in Nigeria, the need for all required structures to be in place for effective implementation has come to the fore.
On the 13th of May 2015, former President Goodluck Jonathan assented to ACJA to ensure an effective Criminal Justice System in Nigeria.
“The main objectives of the ACJA, as found in Section 1 of the Act, are to promote efficient management of criminal justice institutions, provide speedy dispensation of justice, and protect the society from crime, while defending the rights and the interest of the defendant and the victim,” notes Gad Peter, Executive Director CLEEN Foundation, at its training of trainers’ session on the legislations, in Sokoto State.
“These indicate a deliberate shift from punishment as the main goal of criminal justice to restorative justice, which pays attention to the needs of the society, the victims, vulnerable persons and human dignity.”
The Executive Director reveals that the gathering was a follow-up on their earlier effort of legislation on the administration of criminal justice in Nigeria.
“We are now more concerned with compliance and implementation of the provisions,” he adds.
He urges stakeholders to fully support the project by constantly reporting compliance gaps with ACJA provisions using the Swazi web platform via http//cleen/Swazi.oi.
Professor of Law, Senior Advocate of Nigeria, Ibrahim Abdullahi, recalls the ‘chaotic state’ of the criminal justice system in Nigeria before the enactment of the Administration of the Criminal Justice Act of 2015.
He points out “incessant delays in the prosecution cases, long and sometimes inexcusable periods of adjournments, and unpreparedness or untidiness in the calling of witnesses.”
Others were the transfer of prosecutors, Magistrates and Judges without effective plans for the cases they were handling and the poor working attitudes of the various stakeholders.
“The ACJ Act makes sweeping changes and innovations aimed at making the Administration of Criminal Justice in Nigeria more efficient and human rights friendly,” says Professor Abdullahi, Head of the Department (HOD), Private and Business Law, Faculty of Law, Usmanu Danfodiyo University, Sokoto.
He notes a few states of the Federation had domesticated the ACJ Act, citing Sokoto, where Governor Aminu Waziri Tambuwal signed it into law on the 28th of May 2019. The HOD calls on states that have yet to do so to adopt and or domesticate the model federal law in their jurisdiction.
He, however, observes some challenges bedevilling the effective implementation of the ACJ Act, which includes a lack of funding to implement some sections in the Act, such as establishing a database, video recording, etc.
The Senior Advocate also pinpoints inadequate information on the ACJ Act, a lack of capacity for effective investigation because of insufficient training and a lack of leadership commitment to implementation, among other challenges.
Similarly, Safiyyah Mohammed of the Department of Public Law and Jurisprudence, Faculty of Law, Usmanu Danfodiyo University Sokoto, notes inter-agency rivalry, the absence of mechanisms established to facilitate easy work relationships and frivolous applications in court to delay proceedings as challenges.
“Other identified challenges include the introduction of ploys to defeat the innovation on the Chief Magistrates’ visit to police stations and compliance with the provision on the suspect being entitled to consult a lawyer of his/her choice or free legal representation by the Legal Aid Council of Nigeria.”
She also draws attention to the controversy around production warrants- where the court would order to produce, and they would not serve the warrant on the correctional service.
Upgrading children’s age to ensure admission into detention facilities and bottlenecks in implementing the provision of the 14 days remand of suspects were among other challenges she highlights.
The Public Law expert emphasises strengthening collaborations among stakeholders, including the Nigerian Police Force (NPF) and other investigating agencies, the Nigerian Correctional Services (NCoS), the Ministry of Justice and the Judiciary.
While stressing that interagency collaboration in the administration of criminal justice in Nigeria had been formalised through the ACJA, she encourages all stakeholders to ensure compliance.
“To express the intent of this law,” she states, “it is the responsibility of all stakeholders to develop an understanding of the administrative procedures within the law with the aim of full implementation.”
Likewise, Prof. Abdullahi urges all hands on deck to ensure that the objectives of the law are not defeated arising from non-compliance.
“The Federal Government of Nigeria ought to be commended for the long overdue overhaul of the administration of criminal justice in Nigeria,” he says.
“A crime-free society is a prosperous society where economic and social development is assured. Therefore, any attempt at galvanising an efficient and effective administration of criminal justice in Nigeria is one that all stakeholders and every Nigerian must embrace.”
The forum urges sustained awareness of the new provisions of ACJA, the institutionalisation of the ACJA value chain training, and support for developing the state roadmap on judicial reform using the ACJA as a template.
It underlines the need to reinforce Court compliance through support to existing provisions for regular and daily hearings of cases in courts and the development of police legitimacy and trust-building frameworks.
It recognises free legal representation by the Legal Aid Council of Nigeria, where applicable, as an area of intervention, just as it calls for a campaign against corruption for politically exposed persons.
CLEEN Executive Director is optimistic about the positive effect of their efforts towards implementation of the unique provisions of ACJA.
“I am quite confident that this intervention by CLEEN Foundation will contribute robustly towards strengthening and enhancing the accountability of Justice Sector Actors to execute their mandate in a professional, transparent and just manner than before, to rid the focal states and Nigeria of judicial enabled corruption,” he states.
