There are, it seems, no split ends to probably end all discussions. But it is always necessary to
conclude; even though; the sequence of being gives the impression that there is another
beginning from an end. In that wise the study will summarise those hiccups that the ACJA has
come with the aim to ameliorate and which have been discussed in the main text but will in
following paragraphs be outline.
It is without gainsaying that the problems associated with administration of criminal justice; law
and practice are inherent in its processes of adjudication. Thus, criminal prosecution,
investigation and termination in a particular matter aside from taking unnecessarily scarce
resources and delays to be concluded; there are other intricate and precarious vices that; have
bedevil the system. There are the many technical hitches, lacunae and systemic or institutional
failure incident to stymie the operation of the law. Among many others it suffice to mention that
the progress is clog by criminal justice institutions like the police activities, the ministers in the
temple of justice itself, the legal aid council, the prison service, and other law enforcement
agencies directly or indirectly connected with management and administration of criminal
justice.
Against these backgrounds, it has been informed that these lapses are traceable to and have been
caused by the government or her employees. That the organs that administer government
business like the executive, the legislature and judiciary are sometimes not favourably dispose,
pecuniary motivated or are handicapped and corrupt. It goes further that the very law that
establish them in a particular situation will not grant total independence, impartiality and
integrity in the case of the judiciary. For instance workers in the judiciary have a flare of
embarking always on strike action. While the legislature is often without clear cut orientation
and comprehensiveness in any piece of legislation with the peculiarity of Nigerian society and
her disposition as a third world nation enacted laws are seemingly photocopied and pasted into
the system without industry.
It has been said also that there is a peculiarity that exists between law and the society in which
the law is to operate. This symbiotic relation is based on the understanding that man discovered
or created law, that is, it is man that needed law and therefore to achieve his goals and attain his
dreams he enacted laws to further his course as a mechanism of social order. The implication
from the sociological jurisprudence point of view is that any piece of legislation must draw its
inference from the society, that is, the umbilical cord is and will remain ad infinitum. That the
centre piece of law should come from boiling pot of societal activities and conducts, „the going
ons‟ in the society; chiefly, Roscoe Pound had canvass for a ministry of justice in any common
law country. The import as have been said in the main text is that any law which is alien to the
people is always incomprehensible to be obeyed and enforced. Law should be peculiar to the
dynamics of the society with proper investigation and background check before enactment and
allowed to run auto based without man‟s influence and interference except to apply and execute.
Not forgetting in hurry, or the issue which on many occasion has incident improper
administration of criminal justice in the country particularly by high profile and corruption
expose or induced politicians, is the body language of the leader rather than the rule of law
dictating the pace of criminal prosecution. In many of these cases prosecution is only given
media attention without properly addressing the problems and thereby weakens the system. This
is the absence of objectivity in the prosecution of crimes rather the accused persons are presumed
guilty until proved otherwise by the court. Aside stigmatization, persons suspected of crime have
all their rights denied by law enforcement officers. It is irrespective whether the allegations are
insinuations, trump up, and unverifiable investigations. What matters is that somebody has been
alleged of graft and the public opinion brays for their blood. This has led to the dearth of proper
investigation, inspectors and investigative journalism. The whole charade is a mob action, yet, it
has been variously written that the operation of the law is to rid jungle justice, mob justice and
trial by ordeal. But in reality it is common place than restraint.
The point being made is that these issues led to the hydra headed challenges, problems and vices
associated with administering criminal justice and which it is hoped that the ACJA is timely, if
not late on arrival, to remedy the system from self-destruct. Issues like delays in dispensation of
criminal cases, unnecessary adjournments, congestions both of cases in courts and in prisons.
Others are improper management and inefficiency in ensuring proper administration of criminal
justice in the country. For identified and discussed is the idea of arrest before investigation,
which in the proper manner investigation where supposed to begin and conclude before arrests
are made. This way, the law enforcement will ensure inform prosecution, responsibility and duty.
However this unusually is not the case as persons alleged of criminal conducts are seen as weird
and dumped and left to gaunt in detention without further investigation. The court looked the
other way and the law enforcement officer is never reprimanded, caution or punished. He is
instead a colossus, praised and admired as he continues in his sordid deeds.
The reasons of police behaviours in this manner are legions suffice to mention a few which
include (i.) any person he alleged of crime, (ii.) any person whom he knows is designing to
commit an offence, (iii.) presence of reasonable suspicion. These alone does not hold water
because that same law stipulate that: in the exercise of his power under this section,406 a police
officer must show that there were facts from which it could be reasonably inferred that the
suspect committed that offence; the police action is not based on belief and the exercise of such
power is objective. Thus, in Chukwuka v. COP407 it was observed that:
The test as to what is reasonable belief that a suspect has
committed an offence is objective. It is not what the policeman
himself considered reasonable but whether the facts within the
knowledge of the policeman at the time of the arrest disclosed
circumstances from which it could be reasonable inferred that the
appellant had committed an offence.
However the power of police is subject to the law and requires the police to show cause that
there exist in fact reasonable grounds for suspicion of guilt. The test must be, according to
decided cases408 that of a reasonable person acting without passion or predisposition. It is
principle on objectively, and in the light of the facts known at the time, not facts that afterward
may come to light.
Finally, the constitutional right of access to justice is only view from the prism of a victim not
that of the suspect. A great number of reasons are readily adduced to give effect particularly that
it will increase crime rate. What is left unaddressed in actuality is whether the accused persons
themselves are not more victims than offenders in the gamut of criminal prosecution. Criminal
adjudication should go beyond how it appears to the police or judges and magistrates. For
evidence abound that appearances and realities are poles apart. The idea of whipping emotions
and sentiment is not the place for criminal prosecution or any law to cover up inefficiency. All
these are the problems which have been discussed as the emergence of ACJA 2015. Nevertheless
the ACJA has a prospect as it recognises the rights and interest of all involve in the criminal
justice system and promises to protect them.
In all, it is important apparently and clearly that there is need to understand the basis of criminal
procedure; law and practice and the rules governing its administration well enough. This is so in
order to handle issues that pertained to the right guaranteed constitutionally like the presumption
of innocence of an accused person, his right of unlawful detention and goal of justice in order
also to wipe out the general feeling of animosity whenever any person is alleged of criminal
offence.
The prosecution and others involve should be dexterous than relying on the unreliable in the
process of criminal adjudication. The management of criminal prosecution is to clarify,
investigate further and perhaps as it concerns the police testify in court. The prosecution has a
dual role in criminal justice system; they represent the public in prosecuting criminal cases and
also they are officers of the court. In that capacity409, Joel Samaha said:
Their mission is to do justice and doing justice doesn‟t always means charging and prosecuting suspects410.
Laws threaten, or promise, punishment for crimes. Society has obligated itself
by threatening. It owes the carrying out of its threats. Society pays its debts by
punishing the offender, however unwilling he is to accept payment... Were they
not punished, those who did restrain themselves would feel cheated.411
Most criminal courts undermine respect for law-not by their results, but by the
shabby, haphazard way in which they are run.412
The complaints are against some inelegancy either in the couching of the ACJA, institutional
framework and the exercise of the powers of administering criminal justice by the criminal
justice institutions. These complaints which include absence of industry in legislation, abuse of
police investigative powers, inefficiency in prosecution, absence of a functioning legal aid
council, strike action occasion by court employees and many others. Hence, the following
recommendations, namely;
a. The establishment of career prosecution unit in every judicial district/division
b. Proper investigation are conducted and concluded before arrest base on the
strength of the evidence of those investigations is ordered by court of law with
competent jurisdiction on the matter
c. Police officers handling criminal investigations transfer should be regulated in
order not affect administration of criminal justice.
d. Judges handling criminal matters should not be deployed to election petition
tribunals
e. Rights of parties should be adequately recognised and protected.
It is clear the need to understand the basic mechanisms of criminal procedure or the rules
governing administration of criminal justice well enough to be able to handle the issues that
pertained to the right of accused person and other related matters therein. For instance, as against
the general feeling of animosity which has done no good than harmed the system of
administration of criminal justice, the right of presumption of innocence under the law must be
preserved, afforded and exercise. The criminal procedure regulates the modes of apprehending,
charging and trying suspected offenders; the imposition of penalties on convicted offenders; and
the method of challenging the legality after judgment entered. Hence, conflicts of fundamental
importance between the state and its citizens need to frequently deal with due process of law in
this area.
