CLEEN Foundation calls for more transparency, accountability and respect for the ACJA/L

 

CLEEN Foundation calls for more transparency, accountability and respect for the ACJA/L

Mr Salaudeen Hashim, Programme Director, CLEEN Foundation.

Dec. 13, 2024 

The CLEEN Foundation, an NGO has called for more transparency, accountability and respect to the Administration of Criminal Justice Act/Law (ACJA) for the benefits of the citizens especially women.

Mr Salaudeen Hashim, the foundations Programme Director on Thursday said that both state actors and citizens did not find the law completely satisfactory with the kind of services they had garnered from these stakeholders.

He said this at the CLEEN Foundation Media parley on Gender, Accountability, and Transparency in the Implementation of the ACJA/L Regime which held at CLEEN Foundation Conference Hall, Ojodu, Lagos State.

Hashim explained that the foundation had earlier conducted a research using eight states to study the level of compliance of stakeholders of the Administration of Criminal Justice Act/Law. 

"The study was conducted in Edo, Delta, Bauchi, Sokoto, Katsina, Jigawa, Kwara and Cross River states to help strengthen and improve compliance to the provisions of the ACJA/L in the study states.

"These states were selected because after conducting our risk assessment, we realised that these eight states were more at risk with the operationalisation of the ACJA/L therefore we focused our intervention around them.

"The study had the following actors, Law Enforcement Agencies, the Judiciary, Nigeria Correctional Service, and members of Civil Society Organisations," he said.

According to director, the study revealed some level of resentment from citizens across these eight states.

"In some areas, we found some level of progression but is not entirely satisfactory. The laws have actually been stipulated there but the operationalisation of those laws is where we have issues.

"For instance, the study revealed that a majority of respondents (54.5%) reported that the Nigeria Police Force (NPF) and other policing actors were compliant with the ACJA/L regarding arrest procedures.

"A concerning number (18.9%) indicated non-compliance and 26.7% reported indifference," he said.

Hashim said that the study revealed mixed views on how the NPF treats defendants and people accused of crime.

"Over half (50.2%) of respondents reported that the NPF is respectful or very respectful of suspect rights, but 40.1% of the actors indicated varying degrees of disrespect. 

"The data suggests that the NPF may not be fully compliant with ACJA/L provisions regarding obtaining confessions.

"While 43.4% reported mostly compliant practices, a sizeable (37.8%) indicated either rare compliance or total non-compliance," he said.

According to the director, a significant challenge identified was the lack of modern investigative method and system by the police based on the responses of stakeholders.

"The challenge borders around the disposition of some of the state actors to actually offer you data because every agency will be protective and very territorial.

"However, through constant and proactive engagement we were able to find our way through with them and we were able to get some of this information out," he said.

Hashim noted that women and individuals from marginalised demographics often face unique challenges and biases within the criminal justice process so addressing these issues is critical to achieving a truly just system. 

"For instance, the Child Protection Law is not fully implemented in states like Katsina and females do not stand surety in the state.

"Women are discouraged from reporting abuses due to societal stigma, cultural pressures, or fear of retaliation. This leads to underreporting of cases and leaves perpetrators unaccountable.

"The presence of customary laws alongside statutory laws creates inconsistencies in the application of justice, especially in gender-sensitive cases reported in this region," he said.

The director said that gender accountability was a process that ensured women and men had equal access to opportunities, rewards, and society's valued resources.

"However, certain human-made socio-cultural factors constrain the process, making it an uphill task in Nigeria Justice system.

"Through awareness around the ACJA/L and its provisions, and in partnership with key stakeholders, we will be able to navigate the skewed nature of gender and digital divides and push for implementation across board," he said.

Hashim said that the need for continuous campaigns to educate the public and law enforcement officers about the provisions and benefits of the law using all appropriate forum would continue to be in play.