PROBLEMS AND PROSPECTS OF THE ACJA
The state is free to regulate the procedures of its court in accordance with its
own conceptions of policy, unless in so doing it offends some principles of
justice so rooted in the traditions and conscience of our people as to be ranked
as fundamental… The rack and torture chamber may not be substituted for the
witness stand. The state may not permit an accused to be hurried to conviction
under mob domination –where the whole proceeding is but a mask –without
supplying corrective process”.261
Introduction
The ACJA looks good in theory as a method of social control, but to what extent can it
effectively achieved its aims of curbing crime in the face of increasing crime wave stretching
from petty stealing, assassination, armed robbery, kidnapping, corruption, electoral offences and
artless criminal justice institutions? In chapter two it was reasoned that criminal behaviours
portend a great danger to the society if continued unimpeded, and that the ACJA is expected to
be scrupulously applied to all. However in its application, it is anticipated that it offers the
accused or suspect equal treatment before the law. How the ACJA will afford conscientious
application on the one hand with equal treatment before the law of an accused person on the
other are the difficulties inherent in its application. This resolution is paradoxical seeing that its
strength is its weakness. It is only hoped that this is not its ruination.
**Equal treatment under the law should not be inferred as a derogated right seeing that justice is
the prime asset of social establishments. According to J. Rawls**
The problems of the ACJA will be considered structurally and contextually. Structural will be
evaluation of the criminal justice institutions comprising the Police force, courts, Prisons
institutions other ancillary institutions like the legal aid council; contextually the research will
evaluated some confusion in the provisions or context of the ACJA.
261 Chief Justice Charles Evans Hughes in Brown v. Mississippi (1936) cited by Joel Samaha (2012) “Criminal
Procedure” 3rd Ed., Wadsworth, p. 25
Institutional Constraints in Criminal Justice Administration
By virtue of s. 1 (1) the ACJA is to ensure administration of criminal justice 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 suspect, the defendant, and the
victim. The objective to ensure proper administration and efficient management of criminal
justice institutions is to realised quick dispensation of justice and protect the society from crime
as well as the rights and interests of the suspects, defendants and the victim. So the way the
ACJA is structure is justice achievement oriented.
On the contrary, the criminal justice institutions are in the state of malfunction and this in part is
traceable to faulty institutional structures, which involves the various criminal justice
institutions. For instance, the police, the various judiciaries, Federal and States, the Offices of
Attorney General Federal and State, the Prison Services, the Legal Aid Council, the Bar, and to
some degrees the ministries of health in the State are considerably, inactive. The administration
of criminal justice is a precise or well-organized supervision and harmonization of the functions
of these organizations. But this is not the case in that these institutions in part contribute to
delays and congestions in prisons and courts. Again, there is also buck passing common among
them.262
Furthermore, the management of all criminal justice institutions is outside the efficient control of
the ACJA. The ACJA itself is a mechanism of social control which is neither an autobus nor auto
run. Being a mechanism originated to function in a system; “an organised or complex whole,
and assemblage or combination of things or parts forming a complex or unitary whole;”263 it is a
set of related intertwined elements. The ACJA has no central nervous system of its own. It is like
the stomach that cannot fill itself even when empty; it depends on the police, the courts and the
prisons to realise the goals of detection, prevention, and protection. So, the question is how does
the ACJA intend to manage what is outside its control? The reason being that the police force is
under the command of the Inspector-General, and contingents of the Force stationed in a State
shall, subject to the authority of the Inspector-General, be under the command of the
Commissioner of that State.264 This has always posed a problem on operation of the ACJA when
262 Mahmoud, A.B. op. cit. 1
263 Schoderbek, PP(1968), Management Systems, Wiley Press, p.113 cited by Dambazau, AB, op. cit. p. 173
264 S. 6 of the Police Act
the Inspector General or Commissioner of Police decides to post a police officer handling
investigation of a particular case to another place. This has have untold effect on the
administration of criminal justice and the realisation of speedy dispensation of the case.
Moreover, as the word „management‟ means controlling or supervisory or running or
organization of things;265 the ACJA neither runs nor does it supervise other institutions involved
in criminal justice administration. So its anticipation of achieving these goals remains indefinite
when it is consider in the light of inherent problems in those institution; like the problem of
investigation, logistics and making accused person present in court by the police and prisons
service. Even within the court itself, ACJA cannot forestall strike or lock-out actions by judicial
workers.
Problem of Institutional Framework
The ACJA further envisages that the courts, law enforcement agencies and other agencies of
criminal justice administration should ensure compliance in order to realise its purposes. The
implication here is to evolve a harmonious working relationship between the institutions of
criminal justice administration. The police and the lawyers have never seen themselves as
comrade. There is the air of superiority and competition between them. The police is blame for
arrest while the lawyer is accused of “charge and bail” and two they cannot walk together except
they both agree. This is another challenge which is almost like the first. Because, Nigeria
operates skewed federal structure with different ethnic and religious groups aside distinct cultural
and historical differences. The adoption of federalism appears to be most rationally suited. But,
regrettably; it is a bane whose operation has very well hampered development and introduced
vices and excessive political authority at the centre and control of resources and institutions
outside the quarters that needed them most. So, criminal justice suffers also in this regard.
Accordingly, Mahmoud remarked that “Criminal justice administration seems over the years
to be inexplicably failing into no man‟s area of responsibility.”266 The state‟s responsibility is
shared among the three tiers; federal, states and local councils.
As important as the institutions of criminal justice administration are, they are improperly
coordinated. There seem to be lack of committed efforts, proper planning, and adequate control
265 Walter, E. (2009), Cambridge Advanced Learner‟s Dictionary, Cambridge University Press, 3rd Ed., p. 869.
266 A.B. Mahmoud op. cit. p. 10.
and budgeting from both the federal and states government. The calls for reform of these
institutions most times fall on deaf ears. Efficiency is unlikely to be attained even in State as
some of these institutions are outside the States direct control. Aside, these institutions are
inherently resistant to pressure for change or reform. It is necessary to revealed that those at the
receiving end bear the brunt of these institutions as they lack the wherewithal to exert the
required change. These have occasion grave consequences in the criminal justice system.
To illustrate the problems further, it is necessary to examine these institutions and how they
affect the criminal justice administration and visa-a-vis how they may possible hamper the
prospect of the ACJA 2015, namely;
a. The Police Force
Before a crime can be prosecuted, it must have been recorded to have occurred; series of
processes must occur: a person either the victim, the police or someone else must have been
aware of its occurrence. If the police have not discovered it, someone must report it; and the
police must accept that the law has been broken and investigation conducted to ascertain the
reliability upon which criminal proceedings could be instituted or not on the strength or
weakness of the evidence with the police. Each stage has implications in the chain of events
under criminal prosecution.267
The Police Act itemized the general duties of the police in its section 4 thus; “The police shall be
employed for the prevention and detection of crime, the apprehension of offenders, the
preservation of law and order, the protection of life and property and the due enforcement of all
laws and regulations with which they are directly charged, and shall perform such military duties
within or outside Nigeria as may be required of them by, or under the authority of this or any
other Act.” And that other Act268 by the requirements of sections 174 and 211 of the
Constitution,269 which relate to the power of the Attorney-General of the Federation and of a
State to institute and undertake, take over and continue or discontinue criminal proceedings
against any person before any court of law in Nigeria, any police officer may conduct in person
267 Elliot, C. and Quinn, F. (2000), Criminal Law, 3rd ed., Longman, p. 2
268 S. 23 of Police Act cap P19 LFN 2004
269 CFRN
all prosecutions before any court, whether or not the information or complaint is laid in his
name.270
The combined effect of the above is that the duties of the police include but not limited to
general policing; Military Duties and Prosecutorial Duties. General policing involves discovering
of crimes, prevention and protection of the society from crime as the National Assembly may by
law provide. In the main those are its duties. According to Elliot et al, “whether the police
discover a crime depends heavily on where the police officers are actually placed. Areas where
police believe that crime is likely to occur are allocated higher policing, so crimes are more
likely to be discovered there, and presumably less likely to be discovered in areas not seen as
likely to produce crime.” Thus, in suburban or rural areas the duty of the police is said to
consensual and geared community solidarity against crime, which in Nigeria is termed as
community policing. Here the police counsel the landlords or village heads on the need of local
vigilantes who are registered with the police stations in that vicinity to assist in policing. The
police see themselves as supporting the community in upholding the law.271 But this is not so in
the cities, where the police see it duty as one in command, controlling the community, and
preventing it from breaking the law. To this effect, people are likely more to stopped and
searched and crimes are more likely to be discovered in this form of settings.
Furthermore, the duty involving Military function carried in or outside Nigeria does not have
much bearing to be discussed here except that it hampers administration of criminal justice
where an officer handling investigations may be reengage272 or redeployed to those military
duties outside the investigation and prosecution departments. Those cases must wait and the
repercussion is congestions in court cases and prisons. This automatically leads also delay in the
dispensation since investigation will ground to a halt until such an officer resumes duty.
On the other, the police are also involved in prosecutorial duties. This duty which though was
relegated to the backyard of magistrates‟ courts has now been annexed without limits by the
reason of the Supreme Court decision in FRN v. George Osahon273 which held that a Police
270 S.109 ACJA
271 Elliot and Quinn, op. cit. p.2
272 Ss. 137 & 138 of the Police Act.
273(2004) 23 S.C.
Officer can prosecute by virtue of S.23 Police Act, S.56 (1) Federal High Court Act and S.
174(1) of the Constitution of the Federal Republic of Nigeria, 1999. In the words of His
Lordship, Alfa Belgore JSC that:
From colonial period up to date, police officers of various ranks have taken up
prosecution of criminal cases in Magistrates‟ and other courts of inferior
jurisdiction. They derive their powers under S.23 Police Act. But when it comes
to superior courts of record, it is desirable, though not compulsory that the
prosecuting Police Officer ought to be legally qualified. This is not deleting
from the provisions of S. 174(1) of the Constitution, rather it maintains age long
practice of superior courts having counsel rather than by persons in most cases
prosecuting matters. The confusion that this matter has caused is rather
unfortunate for trial of criminal cases; it has caused a disturbingly long delay.
Previous Constitutions before 1979 provided for the post of Director Public
Prosecutions, an independent officer, with powers in a statute. The absence of
this vital office from subsequent constitutions has created this dilemma. But the
worrisome side of this case is the failure of the Attorney-General to take over
the prosecution. Perhaps the witnesses in the substantive prosecution are still
available. Justice seems to suffer some delay in this case.
The Police occupy a strategic position and play a very vital role in the administration of criminal
justice. This because it is empowered274 to investigate or detect, arrest and institute criminal
proceedings against any person alleged to have committed an offence. It also has legal or
constitutional responsibility to maintain law and order, investigates crimes and arrest offenders.
Although, the inspector General of Police, appointed by the President, is duty bound to follow
the directives of the President, lawfully with regards to maintaining and securing public safety
and public order as he may think necessary. Understandably, the commissioner of police is
deemed also bound to the governor like the IGP. This is not so as the Commissioner of Police
(COP) is rather most bound by the commands of the IGP275, that is, the COP must act under the
approval of the IGP.276 The COP may require a state governor to obtained clearance from the
President or the IGP on any such state directives.
274 Doherty, O. op. cit. p. 67
275 S.271 Police Act
276 S.316 Police Act
Invariably, the police remain the highest, most noticeable and very important administration of
criminal justice institution. Because it serves as the entrance into the world of criminal justice
administration either through crime reports from the public, or awareness and discovery of crime
by its own resourcefulness. Furthermore, the police as an organisation maintains regular direct
contact with the public, which has opportune it the status of being referred to as omnipotent and
omnipresent among the other components of administration of criminal justice institutions.
Accordingly Dambazau observed thus:
“The policeman is the „gatekeeper‟ of the criminal justice system as he decides
who goes into the system, and his decision has wider implications for the other
system components. The policeman lubricates the system through the arrest of
suspects, who are essentially the inputs into the criminal justice system.”277
Well, it is not in doubt the position occupy by the police organization, legally and
constitutionally. The question is how has the police institution‟s position become a problem
affecting the administration of criminal justice or how would it even affect ACJA 2015?
It is understandable from the above that the police have general duties and specific duties.
Among these duties; general policing, performance of military duties, prosecutorial duties and
other endless incidental duties, the police are overwhelmed with a load of care. It is thus
manifest: „to whom much is given, much is also expected‟. The police are found to be, on the
one hand, starved of resources by their employers and so cannot performed creditably well as
their counterpart in developed countries with respect to investigation, crime detention and
prevention. It is an ominous sign that while the police are said to be on top of the game when the
criminal minded is reigning supreme with daily reports criminal adventures without any form
comprehensive prosecution. The police force is corrupt, inefficient, indiscipline, low skilled,
involve in extra-judicial killing and coward. According to the Street Journal:
…Investigations revealed that some of the problems of the police are self-
inflicted and a good number of them are corruption induced. The politicisation
of the Force too has done more harm than good as it has dampened the morale
of a lot of officers both junior and senior cadre… While junior officers are
277 Dambazau, A.B., op. cit. p178.
notorious for petty bribes, those in the top echelon have allegedly masterminded
frauds that run into billions of Naira.
It can be seen that the police have been carried away by their omnipotent duties and become
proud and unsatisfied as gatemen or „gatekeeper‟. They have now decided to play the
„Lucifer‟, and rebel against the very system that gives them prominence and soil their hands
with odium in the very house, they aid and abet criminals from being prosecuted or escape
justice by collecting unofficial pay. The case of Mustafa Balogun mentioned above, who was
appointed as the Inspector General of Police March 2002 and was forced to retired because of
widespread charges of corruption in January, 2005 and adjudged as the most corrupt officer in
recent times with a plunder of N16 b. in loot,278 is a typical case of how the police may well
undermine the purpose of ACJA.
While it is not the aim of this research to cast aspersion on the police force, it owes one to public
which is to informed, enlightened and timeously warn that it is impractical to rely on a man with
sore foot for support and hopeless for an ailing tooth to grind a bone. These ills if continued
unabatedly the application ACJA and the realisation of its purposes under police watch will be
puerile. It thus, a herculean task for ACJA and a problem for administration of criminal justice in
Nigeria.279
b. The Court
The administration of justice is typically the most important occupation of the bench or the
judicature consists of the court system, the official personnel that administer justice in these
courts.280 The courts are frequently regarded as the last option of the common man. In Zekeri v.
Alhassan281 the Court of Appeal per Muntaka-Commasie, JCA (as he then was) held that:
In a democratic society as ours, where rule of law prevails, the court is the hope
of the common. It plays and important role in the interpretation of the
constitution, protects the rights of citizens from encroachment by any organ of
the government, and generally has the inherent jurisdiction to determine cases
between persons and persons and government.
278Ibid http://www.streetjournal.org2012/02 retrieved on 12/10/16
279 S.15 ACJA
280 Asien, J. O. op. cit. 169
281 [2002] 52 WRN 119 (CA)141
So the characteristic powers of the courts are captured ably in the judicial powers as conferred by the
constitution. According to John Asien, “judicial power is the power of a sovereign authority to
determine actual controversies and disputes arising between its subjects or between itself and its subjects
through the use of a tribunal having power to entertain the suit and give a binding and authoritative
decision thereupon.”282 Thus section 6(1)(2)(5)(6) vest the judicial powers of the federal and State
governments in the respective courts. In section 6(6) the judicial powers vested:
(a) Shall extend, notwithstanding anything to the contrary in this constitution, to all
inherent powers and sanctions of a court of law
(b) Shall extend, to all matters between persons, or between government or
authority and to any persons in Nigeria, and to all actions and proceedings
relating thereto, for the determination of any question as to the civil rights and
obligations of that person;
(c) Shall not except as otherwise provided by this Constitution, extend to any issue
or question as to whether any act of omission by any authority or person or as to
whether any law or any judicial decision is in conformity with the Fundamental
Objectives and Directive Principles of State Policy set out in Chapter II of this
Constitution;
(d) Shall not, as from the date when this section comes into force, extend to any
action or proceedings relating to any existing law made on or after 15th
January, 1966 for determining any issue or question as to the competence of any
authority or person to make any such law.
The influence of the court on administration of criminal justice is to be considered in two ways;
(a) judicial personnel, and (b) court workers; that is, Judicial Staff Union of Nigeria (JUSUN).
In the first, which is also subdivided as judicial personnel are said to be ministers in the temple
of justice, is the Bar and the Bench. The Bar comprises lawyers who compound the problems of
administration criminal justice from realizing its purpose through delay tactics ably captured as
application for stay of proceedings in respect of a criminal matter before the Court283 and
encumbered the process with unnecessary application for adjournments. This problem is portray of a
lawyer who gave an old file to his newly wigged son appear in court. The son came back
triumphantly in the euphoria that his first baptism was a success. “Dad, I have concluded the matter
and the judge gave a bench ruling on it”. You have what?! The father shouted in shock and with a
282 Asien, J.O. op. cit. 169
283 S.306 ACJA
clenched fist he said, “The file paid all your school fees!” This is why Justice Hugo Black in Gideon
v. Wainwright284said that “in our adversary system of criminal justice, any person hauled into court,
who is too to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him…”
However, the problem of the Bench is usually traced to appointment and redeployment of judges.
When a judge is appointed by promotion or transfer, the cases before his court will suffer a
delay. Under the ACJA, its provisions are only applicable to criminal trials,285 at Federal High
Court, for offences established by an Act of the National Assembly and other offences
punishable in the Federal Capital Territory, Abuja.286 The implication here is that where a
particular Federal High Court judge is transferred from Ibadan to Calabar, what happens to the
cases that were before him? Under the State, as observed by this research, sometimes the cases
are transfer with the judge so that parties will now attend the court in the place the judge is
transferred to. In other times the cases are started de novo. It is unimaginable the colossal effect
on both parties and resources so expended. This position can be understandably correct from the
position provided by Dambazau of critics who pointed out criminal courts to demoralise respect
for law through disorganised ways affairs are handled thus:
“Files are misplaced; jailed defendants are brought to court on the wrong day;
victims and witnesses are not notified of the date on which they are to appear
(and when they are notified, they arrive in court to find that the case has been
postponed); prosecutors and defence lawyers are badly prepared…if the
criminal courts are to contribute to a reduction in crime, it will not be by
stuffing more people into already overcrowded prisons and jails; it will be by
encouraging respect for law. For that to happen, the courts will have to change;
they have to become models of fairness and due process –living demonstrations
that justice is possible, that human beings can be treated with decency and
concern.”287
On the second issue regarding judicial workers; the research will reiterate its earlier position that
formed the “statement of the study problem” to buttress this point thus:
284 (1963), 372, US 335
285 S.86 of ACJA
286 S.2(1) ACJA
287 Silberman, CE (1980), Criminal Violence, Criminal Justice, Vintage Books, pp.346-347. Cited by Dambazau, A.B.
op. cit. 189
“Even without further query, it was argued that the trouble with the judiciary is
located at the root of its entire structure, and beginning from the court gatemen
to bailiffs, clerks, registrars, and messengers down to typists and other official
who play equally very important roles in the administration of justice. Reasons
being that most times court processes are not served on parties except money
exchanges hands between litigants/counsels and court official or the police and
prison official who complain of lack of logistics. This, and many others for
umpteenth times, has hindered the wheel of justice from grinding on full
development.”
The above suffice to show how the courts as an institution of administration criminal justice
could affect the realisation of purposes of the ACJA.
c. The problem of Prisons Service
First, the Prison Act288 provides for the general charge and superintendence of the prisons
system in Nigeria to be known as the "Nigerian Prisons Service", with such officers as
subordinate to the Director as might be necessary for the proper operation of the service. The
Minister289 in charge of Prisons is empowered to declare any building or place in Nigeria to be a
prison and by the same or a subsequent order specify the area for which the prison is established.
A prison, ordinarily, is a place for correctional programmes and an institution where persons are
confined while on trial or for punishment. Being so, the Minister has the power to separate
prisoners into classes for training or for any other purpose and any prisoner of the class to which
any prison or part of a prison has been appropriated may lawfully be conveyed thereto and
imprisoned therein, whether or not the warrant or order for his imprisonment has been issued by
a court having jurisdiction in the place where the prison is situated.
Second, the Nigeria Prisons Service is one among the three main agencies which play dominant
roles in the criminal justice system others are the police and Courts which have been mentioned
in the preceding paragraphs. While a large section of the public seems to be familiar with the
functions of Police and Courts in the prevention and control of crimes, a sizable number of the
public are ignorant of the important role of Prisons in this respect. Conceivably, this is mainly
creditable to the procedural setup of the Prison institutions as their activities are carried out in a
288 S.1. of the Prison Act
289 S.19 Prisons Act
fenced290 background away from public observation as well as insufficient public enlightenment.
Yet, that being the case, it does not in any way reduce the essential role the Prisons Service plays
in the prevention and control of crimes in the society. Prison institutions in Nigeria perform the
following basic functions among others:
i. Keeping safe custody of convicted persons and suspects as well as execute sentences
passed on individuals by the courts
ii. Ensuring the reformation and rehabilitation of inmates through moral training, education
and offering them opportunities to develop other potentials and skills for effective
reintegration into the society on discharge
iii. Ensuring the welfare of inmates through the provision of good health care, feeding,
clothing and recreational facilities in order to create the enabling environment for
reformation and rehabilitation programmes.
Accordingly the prisons service conforms to the ACJA by production of prisoners before courts,
during trials and rehabilitates after sentence. In section 6 it states that:
(1) Where the presence of a prisoner is required before a court, the court may issue
an order addressed to the superintendent requiring the prisoner to be produced
before the court in proper custody at the time and place specified in the order,
and may by endorsement on the order require that person to be brought up
again at any adjourned hearing.
(2) In subsection (1) of this section, “proper custody” means the custody of prison
officers.
(3) If a prisoner charged with an offence is brought before a court under this
section, the same procedure shall be followed with respect to the offence as
would have been followed if he had been brought before the court on a warrant.
(4) The Comptroller-General, if he is satisfied that it is in the public interest so to
do, upon receipt of a request or subpoena that the presence of a prisoner is
required at any place in Nigeria, may by writing under his hand order the
prisoner to be taken to that place; and a prisoner taken from a prison in
pursuance of any such order shall be kept in such custody while outside the
prison as the Comptroller-General may by writing under his hand direct and, so
long as he is in that custody, shall be deemed to be in lawful custody.
290 S. 2(2)(a)(b) The Prisons Act
Furthermore, there is only one Prisons Service for the Federal and States, which performs the
above roles. It has been uneasy tasks as they are concern with the combination of key issues of
security and welfare which are like parallel lines. This, in fact, marks out the work of Prison
officials as very tasking and hazardous and many thereby that have lost their lives in the hands of
the inmates while trying to carry out such duties. Moreover, the Nigerian Prisons Service is
mandated to carry out these functions in the face of the following challenges:
a. Increase inmates‟ population which has strained existing structures and manpower
associated with health consequences such as blow-out of communicable disease.
b. Unsatisfactory financial provisions for running programmes.
c. Pitiable and scanty infrastructures.
d. Miserable sanitation due to overcrowding.
e. Stigmatization of prisoners by the society even when they have been discharged which
leads to depression and re-offending, in so doing they impaired the efforts of restoration
and reintegration.
f. Inadequate public support for reintegration programmes
However, a grave reminder worthy here is that prisons are under the exclusive legislative list.291 The
major problem posed by the federal control of prisons is that policies and decisions are often made
without let to the states impute where the impact is mostly felt. Constitutionally, an offender is
entitled to be present at his trial.292 The responsibility of conveying the offenders to the courts is that
of the police. The custody and control of the Black Maria Vehicles is the police. Hence, the
production of suspects from prisons to court has been a major constraint in the administration of
criminal justice because the Black Maria transport service is virtually presently non-existent. The
inadequate resources for prison services is a bane to the realisation of ACJA293
Moreover the word „prisoner‟ is not limited to those who are already convicted, thus, serving
their terms. Rather every prisoner confined in a prison shall be deemed to be in the legal
custody294 of the superintendent, and shall be subject to prison discipline and regulations made
under this Act whether or not he is within the precincts of the prison. According to ACJA, legal
291 Item 48, second schedule Part I to the Constitution
292 S.36 CFRN
293 S.6 of the Prisons Act
294 S. 3 the Prisons Act
custody means: (1) “Where a person is ordered to be detained in a safe custody or suitable place
other than prison or mental health asylum, he is notwithstanding anything in this Act or in any other
law, liable to be detained in a prison or asylum or such other place as provided under this Act or any
law as the Attorney-General of the Federation may direct and whilst so detained shall
be deemed to be in legal custody”.295
d. The Legal Aid Council
The ACJA by notice of reason of arrest and rights of suspect shall inform the suspect of his
rights to 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.296 The Legal Aid Act297 was established to have
responsibility for the provision of legal aid, advice, access to justice in respect of persons entitled
thereto.
From the above it can be deduced that The Legal Aid Council is another national agency with the
function according Section 8; to:
a. grant of legal aid, advice and access to justice shall be provided by the Council in broad
areas, namely, Criminal Defence Service, Advice and Assistance in Civil matters
including legal representation in court and Community Legal Services subject to merits
and indigence tests for the parties;
b. establish, maintain and develop a service known as the Criminal Defence Service for the
purpose of assisting indigent persons involved in criminal investigation or proceedings
specified in the Second Schedule to this Act, access to such advice, assistance and
representation as the interest of justice requires;
c. establish and maintain a service to be known as the Civil Litigation Service for the
purpose of assisting indigent persons to access such advice, assistance, and representation
in court where the interest of justice demands, to secure, defend, enforce, protect or
295 S. 438 ACJA
296 S.6(2) ACJA
297 Legal Aid Act Cap L19 LFN 2011
otherwise exercise any right, obligation, duty, privilege interest or service to which that
person is ordinarily entitled under the Nigerian legal system; and that
d. Legal Aid shall also be granted in respect of any breach or denial of any such right,
obligation, duty, privilege or service and the Council shall be responsible for the
representation before any court or tribunal for such civil matters.
However, over four decades since its establishment and domestication, it has remained largely
ineffective. This is because of poor funding, lack of good staff and lack of offices in various
states across the federation. Since it has been discovered to be ineffective; there is little or no
justification in maintaining it not even for ACJA to call for its aid in the administration of
Criminal justice. The reasons are not far fetch. First, there is the problem of language barrier as
Counsel posted to those offices hardly can communicate in the local languages. This has led to
inability to interview and improper or ineffective representation in court during trial.298 Second,
the council is seen as federal agency and so is not properly supported or funded with the needed
facilities in the states where the Council‟s offices are situated. Third, the council is improperly
supervised in its activities; this has led to delays on account of absence of legal aid counsel for an
accused person and thereby affecting administration criminal justice as well.
