A Senior Advocate of Nigeria (SAN), Professor Yemi Akinseye-George, and other criminal justice sector stakeholders have suggested ways to enhance the effectiveness of the system in the country.They stressed the importance of continuous reforms and enhanced collaboration among stakeholders as a measure to ensure improved service delivery within the criminal justice system.Akinseye-George, who is the President of the Centre for Socio-Legal Studies (CSLS), and the other stakeholders spoke in Abuja at a capacity building workshop on the emerging trends in the implementation of the Administration of Criminal Justice Act and Administration of Criminal Justice Laws (ACJA/ACJL).
The event, attended by senior officials from relevant criminal justice sector agencies, was organised by the CSLS, in partnership with the Rule is Law and Anti-Corruption (RoLAC) Programme.Among the other stakeholders who spoke were Mrs. Idayat Akanni (Director of Magistrates at the High Court of the Federal Capital Territory, FCT); Mrs. Muinat Adeleye (Deputy Director, Prosecution and Legal Services at the National Drug Law Enforcement Agency, NDLEA), and Abdullahi Danjuma, a senior official with the Nigerian Correctional Service (NCoS).
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Akinseye-George noted that since the ACJA came into existence about 10 years ago, the criminal justice system has witnessed some positive trends, which are reflected in the enthusiasm exhibited by key stakeholders.
He added that the leadership of the criminal justice sector, represented by the Attorney General of the Federation (AGF) and the Supreme Court, “has demonstrated a very positive attitude towards the implementation of these laws.”Akinseye-George, however, expressed concern about emerging negative trends, which he said were beginning to work against the objectives of the laws.He said, apart from the fact that the AGF has constituted a National Working Group to oversee the implementation of the ACJA/ACJLs, he also recently conducted a stakeholders’ forum to review the ACJA amendment bill 2023.
Akinseye-George disclosed that “efforts are currently being made to finalise the final draft of that amendment bill.“We have been assured that once works are completed on the bill, it will be forwarded to the National Assembly within the next few days.“We want to use this opportunity to appeal to the National Assembly, particularly the Senate, to promptly set in motion the legislative processes required for the passage of the improved ACJA,” he said.
Akinseye-George said the negative trends noticed in the implementation of the laws are associated with identified important gaps which are inherent in, among others, the existing weak pre-trial case management system.Akinseye-George added, “It is because of the weakness of the pre-trial case management system that many of our courts have continued to adjourn criminal cases for more than 14 days, which is the minimum standard provided for in the ACJA.”He noted that although the current position of the law is that no court has the power to grant a stay of proceedings in criminal cases in the country, some judges were still doing so and also deploying the trial-within-trial procedure to delay proceedings.
Akinseye-George urged the trial courts (both Magistrates and the High Courts) to do away with the practice where applications for objection to the admissibility of confessional statements lead to a prolonged trial-within-trial that often results in delay in the actual trial.He added, “We appeal to our courts to adopt the new approach, which allows the prosecution to front-load its evidence in support of the voluntariness of the confessional statements.“And when the prosecution’s evidence is front-loaded, the defence is given the opportunity, when presenting its case, to also present counter-evidence to support its position that the statements were not made voluntarily.
“There is no need to conduct a separate trial from the main trial, just because of the disagreement about the voluntariness or otherwise of the said confessional statements.“The judge can simply resolve this issue while reviewing the entire case at judgment to determine, from available evidence, whether or not the statements were made voluntarily and decide whether or not to rely on such confessional statements,” he said.Akanni stressed the need to continue to reform the criminal justice system and the applicable laws to ensure their continuous relevance.
She said, “We are living in a rapidly evolving society, a society shaped by technological advances, shifting social norms, rising demands for transparency, and an increasingly informed public that seeks justice not just as a concept, but as a lived reality.“In such a dynamic context, the laws that guide our justice system must not stand still. For when laws fail to adapt, they risk becoming tools of delay, and in time, instruments of denial.“Today, we find ourselves at a crossroads, where tradition must engage innovation, and where the legal system must continue to balance the scales of justice with both wisdom and foresight,” Mrs. Akanni said.
Danjuma stressed the need for enhanced collaboration among stakeholders to address existing challenges in the system to ensure effectiveness.He also called for improved adoption of the non-custodial option as a way of decongesting the various correctional centres.