CLEEN calls for a more efficient Administration of Criminal Justice Act in the system

March 22, 2024 (NAN) A Non Givernmental Organisation (NGO) CLEEN Foundation has called for improved understanding and implementation of the Administration of Criminal Justice Act (ACJA) in Nigeria to ensure a fairer and more efficient criminal justice system in Nigeria.

The Executive Director of the foundation, Mr Gad Peter recently made this call in Lagos during a one day media training on 

Peter said that ACJA was enacted in 2015 to enhance the efficiency, transparency, and fairness of criminal proceedings, while also protecting the rights of defendants and victims.

"A significant milestone in our nation's efforts to reform and modernise the criminal justice system.

"The Act outlines various provisions aimed at ensuring fair, effective, and efficient criminal justice system.

"Moving forward, CLEEN Foundation remains dedicated to monitoring through its observatories and advocating for the effective implementation of the ACJA," he said.

The director said that the foundation had conducted a thorough assessment of stakeholders' compliance with the ACJA in Nigeria.

He said that the assessment of compliance exercise was carried out in eight states we worked in – Edo, Kwara, Bauchi, Sokoto, Delta, Katsina, Jigawa and Crossriver States.

"This comprehensive analysis aimed to evaluate the extent to which various stakeholders, including law enforcement agencies, the judiciary, legal practitioners, and civil society organisations, are adhering to the provisions of the ACJA," Peter said.

The director said that it was imperative that the ACJA be activated and funded across all the states he, however noted the challenge of budgeting from all the agencies around the implementation of these innovations.

"One of the key provisions of the ACJA is the requirement for law enforcement agencies to ensure that suspects are promptly charged to court within 24 hours of their arrest.

"However, there have been reports of delays in charging suspects to court by the police.

"This non-compliance undermines the rights of suspects and contributes to prison congestion," he said.

Peter also said that there were issues bothering around bails, were issues specific to arrest by proxies, and there were also instances bothering on poor interrogations, poor search procedures, among others.

He commended the commissioner of Police in Kano for remaining a champion of the ACJA implementation and being a signpost of non kinetic policing.

The director said that legal practitioners played a crucial role in ensuring compliance with the ACJA by representing clients effectively and advocating for their rights under the Act.

"However, some lawyers may not be fully aware of the provisions of the Act or fail to adhere to its requirements during legal proceedings.

"Requests for constant adjournments which violates specific provisions in the provisions of the ACJA.

"We call on the Bar to work closely with the Bench to ease the implementation of these novel provisions and provide adequate access to justice to citizens who have some challenges," he said.

Peter said that this would compliment government efforts and build a more transparent, efficient, and rights-respecting criminal justice system that serves the interests of all.

"The judiciary also plays a critical role in implementing the ACJA by interpreting and applying its provisions during trial proceedings.

"There has been concerns about delays in trial processes and backlog of cases in Nigerian courts, which impact access to justice for both victims and defendants.

"There are also issues bothering around poor infrastructure to protect witnesses, weak digital infrastructure to east court administration," he said.

The director said there were still cases of preferential treatment to some cases which he said does not in any way suggest equity.

"We think the court should adjust its practice direction to be inspired by the ACJA regime," he urged.

Peter said that prison authorities were responsible for ensuring that inmates were held in humane conditions and had access to necessary facilities such as healthcare and legal representation.

"However, overcrowding and poor living conditions remain major challenges within Nigerian prisons.

"Also, the instances where dogs are more adequately budgeted for over human is a case to put some searchlight around.

"This is a clear violation of human dignity which the ACJA attempts to remediate," he said.

The director said that CLEEN Foundation would continue to engage with relevant stakeholders, provide technical assistance and support, and champion reforms that strengthen the criminal justice system and uphold the rights of all Nigerians.

"Additionally, monitoring mechanisms should be put in place to assess compliance levels and address any instances of non-compliance promptly," he said.

Peter thanked all the Civil Society Observatories who consistently provided data as well as court monitors.

"Together, we can build a more transparent, efficient, and rights-respecting criminal justice system that serves the interests of all," the director said.