Text of a paper delivered by the Presiding Justice, Court of Appeal, Lagos Division, Justice Mohammed Lawal Garba, at this year’s lecture of the National Association of Judiciary Correspondents.

Introduction

The criminal justice administration regime before the enactment of the Administra-tion of the Criminal Justice Act (ACJA) 2015, had each State in Nigeria adopt either the Criminal Procedure Act in the Southern States or the Criminal Procedure Code in the Northern states. Over the many years of the existence and operation of these legislations, the Criminal Justice System in Nigeria was in a state of perpetual decline, the legislations had loopholes, voids and inconsistencies, such that it was effulgent that they could not address the rising needs of society in a democratic government. The ACJA was therefore welcomed with an air of relief as it makes affiances of speedily bringing criminals to book as well as protecting the victims of crime; amongst other things. This was a commitment yearned for by the entire criminal justice administration sector and the society at large.

The ACJA 2015 merges the main provisions of the Criminal Procedure Act (CPA), Criminal Procedure Northern State Act 2004 and Criminal Procedure Code (CPC) into one principal Federal Enactment, which applies to all Federal Courts across the Federation as well as all courts of the Federal Capital Territory (FCT), but it does not apply to a Court Martial.

The purpose of the Act

Section 1 of the ACJA succinctly states that the purpose of the Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspects, the defendants and the victims.

This purpose as set out in Section 1 is indicative of a paradigm shift in the criminal justice system; from the punitive approach to a restorative one, with the needs of the society, victims, vulnerable persons and human dignity at the forefront.

As a result, the ACJA has introduced innovations, which aims to enhance the efficiency of the criminal justice system. It contains 495 sections divided into 49 parts.

A look at the innovations

There are 27 notable innovations in ACJA 2015, which I intend to make the fulcrum of this discourse.

Unlawful arrest

Previously, the police under Section 10 of the CPA could arrest a person without a warrant. This includes any person who has no ostensible means of sustenance and who cannot give a satisfactory account of his/her activity. This led to a practice of Police and other law enforcement agencies arresting friends and close relatives of the suspects even when they are not linked in any way. This thankfully is now prohibited. Sections 2 – 7 of the ACJA sets out the procedure to follow when arrests are carried out by the Police. Of interest is Section 7 which prohibits arrest in lieu. Accordingly, it is prohibited to arrest another person in place of a suspect. This provision of the ACJA if adhered to in the observance as opposed to in the breach, would likely reduce congestion in the Prisons, Police cells and other detention facilities.

Notification of arrest

Section 6 of the ACJA has maintained the provisions of Section 5 of the CPA and Section 38 of the CPC with regards to notification of cause of arrest. However it has further expanded its scope by the provision in sub section 2 mandating Police Officers or any other person to inform the suspect of his right to:

remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest;
free legal representation by the Legal Aid Council of Nigeria, where applicable.
The most striking thing about Section 6 of the ACJA is the balance it has created with other laws like the National Human Rights Act 2010 and the Constitution of the Federal Republic of Nigeria 1999.

Humane treatment of an arrested person and prohibition of arrest in civil cases

Section 8 ACJA provides that a suspect shall: a. be accorded humane treatment, having regard to his right to the dignity of his person.

not be subjected to any form of torture, cruel, inhuman or degrading treatment.
It further provides in subsection 2 that a suspect shall not be arrested merely on a civil wrong or breach of contract. This stipulation seems to be designed to curb malicious instigation of arrests, detention or prosecution of another as a result of a civil case or an infraction which does not constitute a criminal wrong.

Inventory of property by the police

Section 10 of the Act mandates the police upon arrest of a suspect to take inventory of all items or property recovered from the suspects and the police officer and the suspect must duly sign the inventory. However, where the suspect refuses to sign, it shall not invalidate the inventory. This provision further directs that a copy of the inventory shall be given to the suspect, his legal practitioner or such other person as the arrested suspect may direct. It permits the police to release such property on bond upon request by either the owner of the property or parties having interest in the property, the police officer shall make a report to the court of the fact of the property taken from the arrested suspect and the particulars of the property. The responsibility is given to the court to decide whether to release the property or any portion of it in the interest of justice to the safe custody of the owner or person having interest in the property. This provision is aimed at ensuring accountability and transparency.

Recording of arrests

Section 15 (1) & (2) of the Act provides that the process of recording personal data of suspect shall be concluded within a reasonable time of the arrest of the suspect, but not exceeding 48 hours. This is to prevent unreasonable pre-trial detention by the police and other law enforcement agencies.

Electronic recording of confessional statement of suspects

Section 15 (4) of the Act provides that where a person arrested with or without a warrant of arrest volunteers to make a confessional statement; the police officer shall record the statement in writing and may record the making of the confessional statement electronically on a retrievable video compact disc or such other audio visual means. Subsection (5) goes further to provide that notwithstanding the provision of subsection (4), an oral confession of arrested suspect shall be admissible in evidence. This provision is aimed at curbing allegations of violence on suspects while in custody and to prove the voluntariness of that statement in court.

Establishment of a Police Central Criminal Registry

Section 16 (1) of the Act provides for the establishment of a Central Criminal Records Registry to keep records for future investigation, prosecution and adjudication. It provides that the Registry is to be established at every state Police Command which shall keep and transmit criminal records to the Central Records Registry. The Act also makes it mandatory to transmit decisions of courts in all criminal trials to the Central Criminal Records Registry within 30 day safer delivery of judgment. Prosecutors will be able to use this Registry to verify past records of suspects.

Recording of statement of suspect

Section 17 of the ACJA provides that where a person is arrested on allegation of having committed an offence, his statement shall be taken in the presence of a legal practitioner of his choice, or where he has no legal practitioner of his choice, in the presence of an officer of the Legal Aid Council, official of a Civil Society Organisation, a Justice of the Peace or any other credible person of his choice. The Legal Practitioner or any other person mentioned in this provision shall not interfere while the suspect is making his statement. Where a suspect does not understand or speak or write in the English language, an interpreter shall record and read over the statement to the suspect to his understanding and the suspect shall then endorse the statement as having been made by him, and the interpreter shall attest to the making of the statement. The interpreter shall endorse his name, address, occupation, designation or other particulars on the statement. The suspect shall also endorse the statement with his full particulars.

Quarterly reports

Section 29 mandates the Inspector- General of Police/Commissioner of Police and the head of every agency authorised by law to make arrests to remit quarterly records of all arrests made with or without warrant in relation to federal and state offences within Nigeria to the Attorney-General of the Federation or within the states to the Attorney-General of the state.

Release on bail

Section 30 provides that where a suspect has been taken into police custody without a warrant for an offence other than an offence punishable with death, the officer in charge of a police station shall inquire into the case and release the suspect arrested on bail subject to subsection (2) of this section, and where it will not be practicable to bring the suspect before a court having jurisdiction with respect to the offence alleged, within 24 hours after the arrest.

Power to release on bail before charge is accepted

Section 31 provides that where a suspect is taken into custody, and it appears to the officer that the inquiry into the case cannot be completed forthwith, he may discharge the suspect on his entering into a recognizance, with or without sureties for a reasonable amount, to appear at the police station and at such times as are named in their recognizance unless he previously receives a notice in writing from the police officer in charge of that police station that his attendance is not required.

Subsection 2 of the said Section 31 further provides that a recognizance under subsection 1 of this section may be enforced as if it were a recognizance conditional for the appearance of the suspect before a Magistrates Court or the place in which the police station named in the recognizance is situate.

Report to supervising magistrate

Section 33 provides that an officer in charge of a police station or an official in charge of an agency authorised to make arrest shall on the last working day of every month report to the nearest Magistrate the cases of all suspects arrested without warrant within the limits of their stations or agency whether the suspects have been admitted to bail or not.

Chief Magistrate visit to Police Station

Section 34 provides that the Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.

Returns by Comptroller- General of prisons

Section 111 provides that the Comptroller-General of Prisons is to make returns every 90 days to the Chief Judges, President of the National Industrial Court and the Attorney-General of the Federation of all persons awaiting trial held in custody for a period beyond 180 days from the date of arraignment. The returns shall be in a prescribed form and shall contain information such as: a. The name of the suspect held in custody or Awaiting Trial b. Passport photograph of the suspect c. The dates of his arraignment or remand d. The date of his admission to custody e. The particulars of the offence with which he was charged f. The courts before which he was arraigned g. Name of the prosecuting agency h. Any other relevant information.

Upon the receipt of such return, the recipient shall take such steps as are necessary to address the issues raised in the return in furtherance of the objectives of the Act.

Women Sureties

Section 167 (3) of the Act has cured the long defective practice where women were constantly denied the right to stand as sureties for the purpose of bail. Section 167 (3) provides that a person shall not be denied, prevented or restricted from entering into any recognizance or standing as surety for any defendant or applicant on the ground only that the person is a woman.

Prosecution

Section 106 of the Act has laid to rest the issue of lay prosecutors as was endorsed by the Supreme Court in FRN vs. Osahon (2006) 5 NWLR (PT 973) 361 at 406. It provides that prosecution of all offences in any court shall be undertaken by: a. The Attorney – General of the Federation or a Law Officer in his Ministry or Department b. Legal practitioner authorised by the Attorney-General of the Federation c. A legal practitioner authorised to prosecute by law.

Professional bondsperson

Section 187 provides for the registration and use of Bondspersons and gives the Chief Judge the powers to make regulations for the registration and licensing of bondspersons. The Bondspersons may undertake recognizance, act as surety, or guarantee the deposit of money as required by the bail condition of any person granted bail by the court within the jurisdiction in which the bondsperson is registered.

The Chief Judge is given the power to withdraw the registration of a bondsperson who contravenes the terms of his licence.Where a bondsperson arrests a defendant or suspect who is absconding or whom he believes is trying to evade or avoid appearance in court he shall immediately hand him over to the nearest police station. The defendant must be taken to the appropriate court within twelve hours of his arrest.

Remand proceedings

Section 294 of provides that a suspect who is yet to be charged with an offence can be ordered by a court to be kept in prison custody, pending his bail, trial or release. It further provides that the remand must be for a probable cause. It sets out conditions wherein the court will take in establishing probable cause for a remand. These conditions are: a. The nature and seriousness of the alleged offence. b. Reasonable grounds to suspect that the suspect has been involved in the commission of the alleged offence. c. Reasonable grounds for believing that the suspect may abscond or commit further offence where he is not committed to custody; and d. any other circumstances of the case that justifies the request for remand.

Under Section 295 of the Act, the court in considering an application for remand may grant bail to the suspect brought before it. Section 296 of the Act provides time frame for remand orders. It sets14 days in the first instance and a further 14 days extension. At the expiration of the extension, the suspect shall be released unless good cause is shown for a further remand order not exceeding 14 days.

Plea bargain

Section 270 of the Act provides that the defence can write to the Prosecution for plea bargain. The prosecution may enter into plea bargain with the defendant, with the consent of the victim or his representative during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence.

"Exciting news! TheNigeriaLawyer is now on WhatsApp Channels 🚀 Subscribe today by clicking the link and stay updated with the latest legal insights!" Click here! ....................................................................................................................... Unauthorized use and/or duplication of this material and other digital content on this website, in whole or in part, without express and written permission from TheNigeriaLawyer, is strictly prohibited _________________________________________________________________ [Register Now] ILA Nigeria Branch Marks 10 Years With Infrastructure Financing As Theme For 7th Annual Conference The International Law Association - Nigeria Branch 7th annual conference on public-private partnerships for sustainable infrastructure financing, April 4-5 in Abuja. Details: https://ilanigeria.org.ng/conference _________________________________________________________________

NIALS' Compendia Series: Your One-Stop Solution For Navigating Nigerian Laws (2004-2023)

Email: info@nials.edu.ng, tugomak@yahoo.co.uk, Contact: For Inquiry and information, kindly contact, NIALS Director of Marketing: +2348074128732, +2348100363602.