Rights Group wants N/Assembly to amend ‘holding charge’ in ACJA Act

A prison reform organisation, Citizens United for the Rehabilitation of Errants (CURE), has called on the National Assembly to machinery in place to amend some sections of the Administration of Criminal Justice Act (ACJA), 2015.

In a statement to in Abuja recently, the Executive Director of CURE, Sylvester Uhaa said the provisions of the Acts such as Section 293 sought to be amended violate the basic international human rights of Nigerians.

“This section empowers law enforcements to apply to a magistrate court that do not have the jurisdiction to try a matter to remand suspects in custody, pending investigation and advice from the Attorney General. Section 293 of the ACJ Act is inconsistent with Section 35 (4) of the 1999 Constitution as amended. While section 35(4, 5) of 1999 Constitution contemplates arraignment and trial, section 293 of the ACJ Act

“This section is a threat to the right to personal liberty guaranteed by the 1999 Constitution which states that an alleged offender should be brought before the court within 24 hours or at most within 48 hours for arraignment and trial.

“Another Section deserving urgent amendment is Section 17. This section provides for the presence of a lawyer or a family member of a suspect during statement making by the suspect. The problem with the section is the use of the word ‘may’, not shall. This allows the police to use their discretion to invite a suspect’s legal practitioner or a family member during statement making by the suspect,” he added.