The prospects and Key innovations
In the eye of a critic, nothing with problems ever also can be good. However, a researcher‟s
preoccupation is to perceive merits and demerits. To point out that some, if not all, demerits have
the capacity to afford advantages ceteris paribus, (if all other relevant things, factors, or element
remain unaltered and being equal). It is therefore hoped that those other relevant factors of the
ACJA, enumerated immediately below, sustain the development or advance its purpose
bequeathing them on the next generation after the agrarian and colonial law that was so inherited
and repealed in the present generation.
Ordinarily, having discussed much of the problems that may likely affect, in contradiction of, the
veracity of administration of criminal justice, it would seem apparently out of place to now
examine that there is also a future in it. This goes to show that there is absolutely nothing without
residue of good quality; except it is not considered circumspectly. Evidently therefore, the
institutional and context wise factors are not a total barrier as the ACJA has shown that it can
remedy them. For instance, it is provided for in one of those challenges that:
“Notwithstanding the provision of any other law to the contrary, a Judge of the
High Court who has been elevated to the Court of Appeal shall have
dispensation to continue to sit as a High Court Judge only for the purpose of
concluding any part-heard criminal matter pending before him at the time of his
elevation and shall conclude the same within a reasonable time.
Provided that this subsection shall not prevent him from assuming duty as a
Justice of the Court of Appeal.”386
It shows that the ACJA indeed recognises those problems that may ground its purpose and
should make effort to remedial same in such situations and circumstances. Thus, under this view
the research will examine those provisions that signpost the prospects and the source of
sustenance provided for administration of criminal justice in all. These are also referred to as the
keynotes innovations of the ACJA, namely:
a. The purpose of the ACJA
b. Notification of arrest and right of suspect
c. Prohibition of „Arrest in lieu‟, that is, arrest of another person for example: a
relative or friend in place of a suspected is prohibited.387
d. Prohibition of arrest of person as suspect in breach of contract or on basis of civil case.388
e. Provision for electronic recording of confessional statement389 and databank otherwise
referred to as the „Central Criminal Records Registry.390
f. Time limit for institution of proceedings391
g. Returns392
h. Provision for electronic recording and writing of courts proceedings393
i. Quarterly report of arrests too the Attorney General394
j. Limitation of Adjournments395
k. Community service396
l. Monitoring committee397
m. Legal Aid398
n. Plea bargain399
o. Private prosecution400
p. Responding to the plagues of holding-charge under detention time limits401 and stay of
Proceedings402
q. Compensation to victim in judgment403and etcetera.
r. Misconduct/Non-compliance404
The abovementioned prospects are indication to the great future of administration of criminal
justice, in the country. It is expected that the states would reform their criminal procedural laws
or codes according to the divide, to wear in the face and context of the ACJA 2015. It goes to
show that the ACJA has initiated a sweeping reform to all criminal procedures in all states of the
federation excepting Lagos State which undoubtedly the National Assembly photocopied from.
What other prospect is so great except to sustain the tempo, which is resident on the government
that controls all levers of powers of administration of criminal justice institutions and agencies to
389 S.15 of ACJA
390 S.16 of ACJA
391 S.110(4)(5) of ACJA
392 S. 110(7) ACJA
393 Ss.362-364 of ACJA
394 S.29 of ACJA
395 S.373(2) and S. 396 of ACJA
396 Ss.460 & 461 of ACJA
397 S.470 of ACJA
398 S. 376
399 Ss.273-277 of ACJA
400 S.383 of ACJA
401 Part 30, ss.293-299 of ACJA
402 S. 306
403 S. 314 and part 32, ss.319-327 of AC JA
404 S. 491 of ACJA
rein on their compliance. It means the government to walk its talk in order for the ACJA to
achieve its goals. Thus, it is provided that:
Where no other sanction is provided for in this Act, failure on the part of a
person to discharge his responsibility under this Act without reasonable cause
shall be treated as misconduct by the appropriate authority.
Importantly, most of the prospects one way or other have been considered in the body of the text,
particularly as it regards with guaranteeing a right of access to justice, rule of law, humane
treatment to mention just a few. It is as a result expected that there should be also the
implementation of provision for electronic recording of proceedings to ameliorate the problem of
judges writing in long hands, which in no measureable terms has a great telling on the quantum
of cases considered in a day. The ACJA provided in section 364 that:
Without prejudice to section 348(2) of this Act, Court proceedings may be
recorded electronically and verbatim such that at the end of each day‟s
proceeding a transcript of such recording shall be printed to enable certification
or authentication by the judge or magistrate who conducted the proceedings.
To sustain its measures, aside the government, the onerous task is also on the shoulders of the
Committee provided under section 470(1)(2) of the ACJA thus:
“(1) The Committee shall be charged with the responsibility of ensuring effective
and efficient application of this Act by the relevant agencies. (2) Without
prejudice to the generality of subsection (1) of this section, the Committee shall
ensure that: (a) criminal matters are speedily dealt with; (b) congestion of
criminal cases in courts is drastically reduced; (c) congestion in prisons is
reduced to the barest minimum; (d) persons awaiting trial are, as far as possible,
not detained in prison custody; (e) the relationship between the organs charged
with the responsibility for all aspects of the administration of justice is cordial
and there exists maximum cooperation amongst the organs in the administration
of justice in Nigeria; (f) collate, analyse and publish information in relation to
the administration of criminal justice sector in Nigeria; and (g) submit report
quarterly to the Chief Justice of Nigeria…and to (h) carry out such other
activities as are necessary for the effective and efficient administration of
criminal justice."
