Stakeholders agree ways to adopt ACJA in states
If strategies agreed by stakeholders in the recent Abuja colloquium on criminal justice administration are implemented, the new Administration of Criminal Justice Act (ACJA) could soon be adopted by the 36 states of the federation.
So far, only the FCT is benefiting from the new ACJA signed into law by former President Goodluck Jonathan in 2015.
Lagos and Anambra states have since 2013 enacted their ACJL with variations from the ACJA, while Ekiti and Oyo states also recently did so.
At the twoday judicial colloquium in the ACJA organised by the Centre for Socio-Legal Studies (CSLS), experts identified the major challenges to effective adoption and implementation of the ACJA in states and how to overcome them.
Challenges identified include funding, capacity building for personnel, attitudinal reorientation for criminal justice actors, piecemeal jail delivery, absence of magisterial visits to police stations and apathy by political officials.
In his opening remarks, the Acting Chief Justice of Nigeria (AgCJN), Justice Walter Nkanu Onnoghen, expressed optimism that the seminar will achieve its objective being the imperative of domesticating the ACJA in the 36 states.
Justice Onnoghen highlighted Section 1 of the Act, which states that “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria 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 suspects, the defendant, and the victim.”
In a lead presentation, the president of CSLS, Prof Yemi Akinseye-George, listed some of the innovations in the ACJA to include elimination of prolonged detention under the ‘holding charge’, electronic recording of statements, plea bargain, accelerated hearings, witness protection, alternative sentences such as community service, parole, probation and suspended sentence, and compensation to victims of certain offences.
“All the states of the federation must be encouraged to domesticate the act. This is necessary because the bulk of criminal trials in Nigeria takes place at the state level,” Prof Adeseye-George said.
In their remarks, judges from Lagos and Anambra, shared their experiences with participants.
A judge of the Anambra judiciary, Justice B.A. Ogbuli, said the state has put in place modalities for the implementation of the ACJA, adding that it has not all been rosy in the state.
On his part, judge of Lagos judiciary, Justice S.B.A. CandideJohnson, highlighted the pioneering role of Lagos State in the reform of criminal justice administration as exemplary for other states of the federation.
He listed the ACJL, the Multidoor Courthouse, Police Trust Fund and community service for convicts as some of the innovations in criminal justice administration already being implemented in the state.
The Director of Public Prosecutions (DPP) in the Enugu State Ministry of Justice, Chike Ezike, harped on the need for adequate funding of the project if it must succeed in the 36 states of the federation.
“The new law is cost-intensive and requires funding for it to be fully entrenched in the system,” he said, adding that “There will be trainings for judicial staff such as clerks, registrars, police officers, to help move the law speedily.”
Ezike also spoke on the need to ensure that the jail deliveries by state governors and chief judges are not a mere ‘jamboree’. He said from his experience, three-quarters of those released on such programmes returned to prison after being arrested for other offences.
The DPP for Kwara State, Jimoh Adebimpe Mumini, submitted that the ACJA would be adopted in all states if the national or regional fora of governors made a resolution for their various state assemblies to pass it into law.
A representative from Justice For All, Godwin Odo, explained the role played by the NGO leading to the law being passed in Lagos, Ekiti and Anambra states.
While identifying the unavailability of copies of the law as one of the impediments to its smooth adoption and implementation, he recommended free copies be shared to judicial officers.
In his presentation, a director in the Legal Defence and Assistance Project (LEDAP) and the chairman of the National Working Group on ACJA between 2001 and 2006, Chino Obiagwu, illustrated the likely impact of the ACJA in the country in the areas of speeding up criminal trials and decongesting prisons.
He listed the innovations in the act that are capable of reforming the face of criminal justice in the country and the impact so far in reducing clearance time for criminal cases in Lagos and Anambra states.
He noted that the noncustodial sentencing measure in the law has been successfully implemented in Lagos State with 2,700 convicts of traffic and nonviolent crimes having served in community service, maintaining that this can be replicated in other states of the federation.
The roundtable agreed that adopting the law in the 36 states of the country, including the FCT, gives Nigeria a big leap into the global best practices in criminal justice administration reforms.