AN EVALUATION OF THE REVOLUTIONS, PROBLEMS AND PREDICTIONS OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015, IN THE NIGERIAN JUSTICE SYSTEM

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AN EVALUATION OF THE REVOLUTIONS, PROBLEMS AND PREDICTIONS OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015, IN THE NIGERIAN JUSTICE SYSTEM

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 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 balance[1].

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,[2] 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, 2015[3] was recently released from detention. This demonstrates that the criminal justice administration in the country needs to be position in a better standing.9

 

 

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,[4] ACJA, 2015.[5] In this, it is provided that the administration of criminal justice in the courts[6] of the Federal Capital territory[7] (FCT) and other Federal Courts[8] 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 victim[9].

 

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.

 

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 noncustodial 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.

 

 

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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

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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)[10] , the now repealed Criminal Procedure Act[11] (CPA), Criminal Procedure (north) Code

(CPC)[12], Administration of Justice Committee Act (AJCA)[13] Administration Justice Law (AJL)[14], Nigerian Police Act,[15] the Prisons Act[16], 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.

 

1.7. LITERATURE REVIEW

In the view of Dambazau: “Administration of Criminal Justice is both a legal process and an academic discipline.[17] 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.[18]

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 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;[19] At the end, the fifth chapter (Chapter 5) detailed the thesis’ summary, conclusion and recommendations.

[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

[2] (1988) 12 SCNJ (PT. 1) 79  4 (2013) LPELR-20995(CA)

[3] Channels Television. Updated February 26, 2016, available at www.channelstv.com  9 A.B. Mahmoud op. cit. p. 5

[4] ACJA commenced on the 13th May, 2015.

[5] 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.

[6] ACJA preambles

[7] Section 2(2)(4)(5) CFRN

[8] Section 6(1) CFRN   11 S.2(1)(2) CFRN

[9] Akamba J. Agbor op. cit.

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[10] Cap C23 Laws of the Federation of Nigeria(LFN) 2004

[11] Cap C41 Laws of the Federation of Nigeria (LFN) 2004

[12] Cap C43 Laws of the Federation of Nigeria (LFN) 2004

[13] Cap A3 Laws of the Federation of Nigeria (LFN) 2004

[14] Laws of Lagos State 2011

[15] Police Act cap P19 LFN 2004

[16] Cap P29 LFN 2004

[17] Dambazau, A.B. op. cit. p. 174

[18] Doherty, O. op. cit. p.2

[19] S.270 ACJA

AN EVALUATION OF THE REVOLUTIONS, PROBLEMS AND PREDICTIONS OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015, IN THE NIGERIAN JUSTICE SYSTEM

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