CLEEN Foundation has conducted a thorough assessment of stakeholders’ compliance with the Administration of Criminal Justice Act, ACJA, in Nigeria.

The foundation conducted the assessment in the eight states it worked in Edo, Kwara, Bauchi, Sokoto, Delta, Katsina, Jigawa and Crossriver States.

Its Executive Director, Gad Peter says the 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 states that the ACJA represents a significant milestone in the nation’s efforts to reform and modernise the criminal justice system.

He spoke at a media presentation of status of stakeholders compliance with the Administration of Criminal Justice Regime In Nigeria.

According to him, the Administration of Criminal Justice Act (ACJA) was enacted in Nigeria in 2015 with the aim of reforming and improving the administration of criminal justice in the country.

Peter said the Act outlines various provisions aimed at ensuring fair, effective, and efficient criminal justice system.

He said the foundation as an organisation committed to promoting transparency, accountability, and the rule of law, called on all stakeholders to redouble their efforts to ensure full compliance with the ACJA .

In his words, it is imperative that the Administration of Criminal Justice Committees be activated and funded across all the states, saying there was also a challenge with 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.

There are issues bothering around bails, there are issues specific to arrest by proxies, and there are also instances bothering on poor interrogations, poor search procedures, et al.

CLEEN Foundation commended the commissioner of Police in Kano who is a signpost of non kinetic policing and has remained a champion of the AJA implementation.

Legal practitioners play 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 ACJL.

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. Doing this will compliment government efforts.

The judiciary also plays a critical role in implementing the ACJA by interpreting and applying its provisions during trial proceedings. There have 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. We have a good case study in Borno. Borno is a signpost of modern court proceedings and should be understudied. There are also still cases of preferences applied to PEPs.

This does not in any suggest equity. We also think the court should adjust its practice direction to be inspired by the ACJA regime.

Prison authorities are responsible for ensuring that inmates are held in humane conditions and have access to necessary facilities such as healthcare and legal representation.

However, overcrowding and poor living conditions remain major challenges within Nigerian prisons. 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 attempted to remediate.
Moving forward, CLEEN Foundation remains dedicated to monitoring through its observatories and advocating for the effective implementation of the ACJA.

We will 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.

Stakeholders must work together to improve understanding and implementation of the Act’s provisions to ensure a fairer and more efficient criminal justice system in Nigeria.

Regular training on the provisions of ACJA should be provided to all stakeholders involved in the criminal justice process.

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

We thank all stakeholders who participated in the assessment process and commend their commitment to advancing justice reform in Nigeria.

We thank all the Civil Society Observatories who consistently provided data as well as our court monitors. Together, we can build a more transparent, efficient, and rights-respecting criminal justice system that serves the interests of all.