By S. O. IGBUDU HOD (Legal). ORDER OF PRESENTATION 1.Introduction 2. Definition 3.Objectives of the Act 4. Highlights of the provisions of the Act 5.Shortcomings.

PHILOSOPHY AND OBJECTIVES OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

By S. O. IGBUDUHOD (Legal)

ORDER OF PRESENTATION

1.Introduction

2. Definition

3.Objectives of the Act

4. Highlights of the provisions of the

Act

5.Shortcomings of the Act

6.Conclusion

This presentation seeks to examine the

provisions of The Administration of Criminal

Justice Act, 2015 with a view to

ascertaining whether it meets its stated

objectives.

INTRODUCTION

Definition of objective

Something that one’s effort or actions are intended to attain or accomplish, purpose, goal, target

Definition of Philosophy Philosophy is a noun that means a belief accepted as authoritative by some group The study of proper behaviour and search for wisdom

DEFINITION

The Act came into operation in May, 2015.

2. Before then the Criminal Procedure

Code operated in the Northern States and the Federal Capital

Territory.

3. The Criminal Procedure Act operated

OBJECTIVES OF THE ACT

in the Southern States.4. While the CPC came into operation

in 1960, the CPA was enacted in 1945

5. The title of the Criminal ProcedureAct is as follows:-

OBJECTIVES OF THE ACT

An Act to make provision for the procedure to be followed in Criminal cases

in the High Court and Magistrate Court.(1st June, 1945)

6. The title of the Criminal procedureCode provides:

OBJECTIVES OF THE ACT CONT’D

A law to establish a Code of Criminal Procedure for Northern Nigeria.(30th September, 1960)7. We also had the “Administration of Justice Commission Act 1991”8. The title of the Bill was:

An Act to make provisions for speedy and efficient administration

of criminal justice in courts and by Law enforcement Agencies in Nigeria.

OBJECTIVES (CONT’D)

9. However, the title of the Act as enacted is :An Act to provide for the administration of criminal justice incourts of the Federal Capital Territory and other Federal courts in Nigeria and for related matters

Note: Speedy and efficient is omitted.

OBJECTIVE (CONT’D)

10. However, it is to be noted that the preliminary section of the Act goeson to state that:

11 The purpose of this Act is to ensurethat the system of administration ofcriminal justice in Nigeria promotesefficient management of criminaljustice institutions, speedy

dispensation

OBJECTIVES (CONT’D)

of justice, protection of the society from crime and protection of the rights and interest of the suspects, the defendant

and the victim.12. Another objective of the Act is toensure a uniform system of criminalprocedure in the country. The Actcombines the provisions of the CPC and CPA.

OBJECTIVE (CONT’D)

Looking at the stated objectives of the Act, the question is does the Act realize the objectives.

OBJECTIVE (CONT’D)

Unlawful Arrest of persons in lieu of suspects abolished by section 7 of the Act.

  Notification of cause of Arrest – Section 6.

Human Treatment of Arrested Persons – Section 8(1)

Illegal to arrest persons over civil claims and contracts – Section 8(2)

Mandatory inventory of property of arrested persons – S. 10

HIGHLIGHTS OF THE PROVISIONS OF THE ACT

Recording of Arrest – The Act provides for mandatory recording of personal data of an arrested person in Section 15 of the Act.

Establishment of a Police Central Criminal Record

Registry (CCRR) – Section 16 of the Act.

Electronic Recording of Confessional Statements – Section 15(4). This sub-section provides that where a person arrested with or without a warrant volunteers a Confessional Statement, an electronic recording in a retrievable video compact disc or such after audio visual means may be made.

HIGHLIGHTS CONTD

Statement of a suspect to be taken in the presence of a Legal Practitioner of his choice, an officer of the Legal Aid Council and official of a Civil Society Organisation of Justice of the Peace or other credible person of his choice.

Monthly report by Police or arresting agency to Supervisory Magistrate – Section 28

HIGHLIGHTS CONTD

Section 29 of the Act provides that the Inspector-General of Police and leaders of every agency authorized by law to make arrest shall remit quarterly to the Attorney- General of the Federation a record of all arrests made in relation to federal offences or arrests within Nigeria.

Returns by Comptroller-General of PrisonBy Section 111 of the ACJ Act, 2015 the Comptroller-

General of Prisons is to make returns every ninety days to the Chief Judge and the Attorney-general of the Federation of all persons awaiting trial held in custody for a period beyond 180 days from date of arraignment.

HIGHLIGHTS CONTD.

The Act makes elaborate provisions on the right of an arrested person to be admitted to bail, including allowing oral application for bail – See Sections 30, 31, 155 – 164.

WOMEN SURETIES. 

Section 167 (3) provides that “no person shall be denied, prevented or restricted from entering into any recognition or Standing as surety for any defendant or application on the ground only that the person is a woman” 

HIGHLIGHTS CONTD

Section 106 apart from affirming the constitutional provision as amended in Section 174 of the Constitution on the power of the Attorney-General to carry out prosecution, abolishes lay prosecutors which was endorsed in FRN V. OSAHON

* PROFESSIONAL BONDPERSON

Section 187 of the ACJA makes provision for registration and use of Bondspersons and gives the Chief Judge power to make regulations for their operation.

* REMAND PROCEEDINGS

Sections 293 – 295 of the Act provide for the remand of a suspect by the Magistrate that does not have jurisdiction.

Application to be made exparte.

HIGHLIGHTS CONTD

SHORTCOMINGS OF THE ACT

There are three issues to be considered as shortcomings of the Act1.Lack of time limit for hearing of cases 2.Lack of sanctions3. No provision for mechanical recording

of proceedings. SPEEDY TRIAL UNDER THE ACTWhile there is a copious provisions in the Act to ensure speedy trial see section 306,396, 109(4) and 109(5), 349(7) and section382, 376. There are no time limit for Conclusion of cases.

Section 306: “An application for stay of proceedings in respect of a criminal matter before the court shall not be considered”

Section 396(2): “After the plea had been taken, the defendant may raise any objection to the validity of the charge or information at any time before judgment provided that such objection shall only only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgement”.

S. 396(3): “Upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.”

SPEEDY TRIAL CONTD.

Section 349(7):A Legal Practitioner, other than a lawyer engaged in any matter shall be bound to conduct the case on behalf of the prosecution of defendant until final judgement unless allowed for any special reason to cease from acting by the court of its own motion or upon application by the legal practitioner”

See also Sections 382(1)

SPEEDY TRIAL CONTD.

The sixth amendment to the us constitution and the speedy trial act set forth rights related to criminal prosecutionThe sixth amendment stipulates that “in all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district where in the crime shall have been omitted ”The Speed Trial Act of 1974 establishes time limits for completing the various steps of a federal criminal prosecution

SPEEDY TRIAL AND TIME LIMITS

The sixth amendment to the us constitution and the speedy trial act set forth rights related to criminal prosecutionThe sixth amendment stipulates that “in all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district where in the crime shall have been omitted ”The Speed Trial Act of 1974 establishes time limits for completing the various steps of a federal criminal prosecution

These are as follows:I. Length of delayii. Reason for the delayiii. Time and manner in which the defendant has asserted his rightiv. The degree of prejudice to the defendant which the delay has caused

SPEEDY TRIAL AND TIME LIMITS

Nigerian law does not seem to entitle a person to speedy trial .Section 36 of the 1999 constitution as amended guarantees the right to a fair hearing within a reasonable time. See also section 35(4) (5) section36(1) provides

“ in the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

Speedy Trial Under Nigerian Law

In the second republic, an attempt was made to set time limits for hearing election cases.However, the Supreme Court came down on those provisions. In UNONGO V APER AKU the court declared the provisions of the Electoral Act as an unwarranted interference in judicial powers

Speedy TRIAL (CONT’D)

How ever following long delays in hearing of electoral cases in such cases like Peter Obi V Ngige Fayemi v Oni (2011) fwlr pt 554, p1And Aregbesola V Oyinlola

Section 285 of the 1999 constitution set time limits for hearing of election petitions.

An attempt to set time limit for hearing of corruption case through the corrupt practices act 2000 under s26(3) was struck down by the supreme court in Ag ONDO v Ag FEDERATION

Speedy TRIAL (CONT’D)

CONCLUSION

Inspite of the stated shortcomings the provisions of the Act will make for more efficient system of the administration of justice