Case Management System
The recent revelation that it takes 22 long years to conclude a case up to the Supreme Court, and
between 5 to 10 years at the state High Courts, which has made public the challenge of criminal
justice administration in Nigeria.60 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 essence of paying attention to crime prevention is express much when knowledge is in the
public that the laws put in place are adhere to and punishment meted justifiably as expected. It is
not a wise decision to have them without applying them or when applied they so done
haphazardly. There should be no alternative choice than what the law is and extraneous ideas like
interest of any kind other than that of law should not read into it. Thus Fapohunda commenting
on the ACJA existence after a year said that:61
The need to focus on prevention and strengthening the criminal justice response
to all forms of criminality including terrorism has become an increasing priority.
This presupposes an urgent need to revisit those institutions that support our
criminal justice system. An important institution in this regard is our judiciary…
it is often difficult to explain to an average Nigerian that our courts are not all
about corruption matters and settling election petitions. On a daily basis tens of
judgements are given in diverse areas that affect our lives. We need to recognise
that our judiciary faces certain inherent problems, which show the weaknesses
and defects of the system. These require immediate reforms. Some of these
challenges include corruption, backlog of pending cases in all our courts,
60 THISDAY Newspaper, Editorial; WHEN JUSTICE IS DELAYED… Tuesday, June 7th 2016, p.15.
61 Fapohunda , O ( 2016); The State of Administration of Justice in Nigeria after 365 Days of the Buhari‟s
Administration. THISDAY Newspaper, 7th June, 2016.
archaic systems and procedures including writing in long hand and limited use of
IT, poor infrastructure and limited recognition of lower courts.62
The above comment was in print a year after the enactment shows that not very much has been
seen achieved from the objects of the ACJA. For instance, the issue of stay of proceedings, delay
tactics in the form of technicalities and appointment of sitting judges as members of election
petitions tribunals are still there and have made cases in courts to be adjoined for several months.
Joined with these problems is incessant strike action always undertaken by Judiciary Staff Union
of Nigeria (JUSUN)? For example, in 2015 almost all states and federal judicial workers were on
strike for more than six months in some states from the beginning of the year. Recently the Ondo
State chapter of JUSUN began another strike on the May 5, 2016; even as at June 30 of the same
year there was no end in sight. These are some of those issues, not contemplated or were
deliberately left out under the ACJA that could checkmate its honest determination.
It is an observable concern of this study that under the prosecution of corruption cases and the
treasonable felony charge against the Indigenous People of Biafra (IPOB) leader it seems the
ACJA is not apposite to these cases even when it has been in operation at the FCT. The digest
from this is that the problem is not the want of laws, there are aplenty. Rather it is the
unwillingness or a resultant lack of proper enforcement of such laws. Put in another way, the
ACJA intends to promote efficient and effective management of administration of criminal
justice; is it not sweeping for it to turn a blind eye on the rights and interests of the suspect,
defendant and victim in the above cases if it has the capacity to ensure promotion of efficient and
effective administration of criminal justice63 in Nigeria? Does it not portray from here that
capacity is not just enough, except there is a political will needed to promote efficient
management of criminal justice institutions; speedup dispensation of justice; protect the society
from crime; and protect the rights and interests of the suspect, defendant, and the victim? If
political will is what needed can it then be said of administration criminal justice or the
prosecutorial power; have they not had a dent on the independence of the judiciary? These issues
invariably are putting the rule of law under ACJA on trial!
62 Olawale Fapohunda, op. cit.
63 S. 1(1)(2) ACJA
Alternatively, there is the Committee which among others has the function and responsibility to
ensure that criminal matters are speedily dealt with; congestion, both in cases in courts and
awaiting trial suspects in prisons, is drastically reduced to the barest minimum. Is that committee
needed so badly? Or is not checking the powers of the court? What is the place of that committee
stricto sensu under law? That the committee is to collate, analyse and publish information that
relates to criminal justice management and submits quarterly report to the Chief Justice of
Nigeria (CJN). Are the reasons behind these not far-fetch, does it no put a question to the office
of the Attorney General and Minister of Justice that it is just a puppet when the CJN now have
the function and responsibility of foreseeing to the developments and improvements in the
criminal justice delivery64 and for the needed action to be taken for purpose of effectiveness and
efficiency.
The whole gamut of ACJA is it geared toward achieving efficiency; maintain effective delivery
in the administration of criminal justice institutions? It is not merely important that justice should
be done but it is necessary that it should be manifestly and judiciously seen to be done. This was
resonated in R v. Sussex where Lord Hewart CJ considered and observed that:
…a long line of cases shows that it is not merely of some importance but is of
fundamental importance that justice should not only be done, but should
manifestly and undoubtedly be seen to be done. Nothing is to be done which
creates even a suspicion that there has been an improper inference with the
course of justice…65
The point being made is whether the Ministry of Justice has not already provided for the function and
responsibility of the Committee provided by ACJA one hand and on the other hand are the functions
of the Attorney General and Chief Justice of Nigeria? For if, the realisation of ACJA‟s purposes
should be under the pre-occupation of a special Committee headed by the CJN has this not derogated
both the office of the Attorney General and the Ministry of Justice portraying same as have missed
the mark?66 It goes to no issue to say that there are many circumstances that
64 Hannah , K. (2016); Nigeria‟s Case Management System, National Centre for State Court May 4, 2016
publication. Retrieved from www.ncscinternational.org/.../Nigeria-Court-Case-Management-System-
Project.aspx 4/08/2016.
65 R v Sussex, Ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep233)
66 S.1(1) ACJA
would affect these purposes.67 Worthy of mention are the police and court as institutions of
criminal justice administration, their personnel, modes of investigation, arraignment, charge
information and prosecution, which most times are shoddy preparations have not serve as a
measure of deterrence.68 Providing for a committee, when there is a Ministry of Justice and an
Attorney General are to this study “too many cooks”.
