By S. O. IGBUDU
HOD (Legal)
ORDER OF PRESENTATION
1.Introduction
2. Definition
3.Objectives of the Act
4. Highlights of the provisions of the Act
5.Shortcomings of the Act
6.Conclusion
This presentation seeks to examine the
provisions of The Administration of
Criminal
Justice Act, 2015 with a view
to ascertaining whether it meets its
stated objectives.
DEFINITION
Definition of objective
Something that one’s effort or actions are
intended to attain or accomplish, purpose,
goal, target
Definition of Philosophy
Philosophy is a noun that means a belief
accepted as authoritative by some group
 The study of proper behaviour and search
for wisdom
OBJECTIVES OF THE ACT
The Act came into operation in May, 2015.
2.
Before then the Criminal Procedure
Code operated in the Northern
States and the Federal Capital
Territory.
3.
The Criminal Procedure Act
operated
in the Southern States.
4.
While the CPC came into operation
in 1960, the CPA was enacted in
1945
5.
The title of the Criminal Procedure
Act is as follows:-
An Act to make provision for the
procedure to be followed in Criminal cases
in the High Court and Magistrate Court.
(1st June, 1945)
6.
The title of the Criminal procedure
Code provides:
A law to establish a Code of Criminal
Procedure for Northern Nigeria.
(30th September, 1960)
7.
We also had the “Administration of
Justice Commission Act 1991”
8.
The title of the Bill was:
An Act to make provisions for
speedy and efficient administration
of criminal justice in courts and by
Law enforcement Agencies in
Nigeria.
9.
Note:
However, the title of the Act as
enacted is :
An Act to provide for the
administration of criminal justice in
courts of the Federal Capital
Territory and other Federal courts in
Nigeria and for related matters
Speedy and efficient is omitted.
10.
11
However, it is to be noted that the
preliminary section of the Act goes
on to state that:
The purpose of this 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
interest of the suspects, the defendant and
the victim.
12. Another objective of the Act is to
ensure a uniform system of criminal
procedure in the country. The Act
combines the provisions of the CPC and
CPA.
Looking at the stated objectives of the
Act, the question is does the Act realize
the objectives.





Unlawful Arrest of persons in lieu of
suspects abolished by section 7 of the
Act.
Notification of cause of Arrest – Section 6.
Human Treatment of Arrested Persons –
Section 8(1)
Illegal to arrest persons over civil claims
and contracts – Section 8(2)
Mandatory inventory of property of
arrested persons – S. 10



Recording of Arrest – The Act provides for
mandatory recording of personal data of an
arrested person in Section 15 of the Act.
Establishment of a Police Central Criminal
Record Registry (CCRR) – Section 16 of the Act.
Electronic Recording of Confessional Statements
– Section 15(4). This sub-section provides that
where a person arrested with or without a
warrant volunteers a Confessional Statement, an
electronic recording in a retrievable video
compact disc or such after audio visual means
may be made.


Statement of a suspect to be taken in the
presence of a Legal Practitioner of his
choice, an officer of the Legal Aid Council
and official of a Civil Society Organisation
of Justice of the Peace or other credible
person of his choice.
Monthly report by Police or arresting
agency to Supervisory Magistrate – Section
28


Section 29 of the Act provides that the
Inspector-General of Police and leaders of
every agency authorized by law to make
arrest shall remit quarterly to the AttorneyGeneral of the Federation a record of all arrests
made in relation to federal offences or arrests
within Nigeria.
Returns by Comptroller-General of Prison
By Section 111 of the ACJ Act, 2015 the
Comptroller-General of Prisons is to make returns
every ninety days to the Chief Judge and the
Attorney-general of the Federation of all persons
awaiting trial held in custody for a period beyond
180 days from date of arraignment.


The Act makes elaborate provisions on the
right of an arrested person to be admitted
to bail, including allowing oral application for
bail – See Sections 30, 31, 155 – 164.
WOMEN SURETIES.
Section 167 (3) provides that “no person shall
be denied, prevented or restricted from
entering into any recognition or Standing as
surety for any defendant or application on the
ground only that the person is a woman”

*
Section 106 apart from affirming the constitutional provision as amended
in Section 174 of the Constitution on the power of the Attorney-General
to carry out prosecution, abolishes lay prosecutors which was endorsed in
FRN V. OSAHON
PROFESSIONAL BONDPERSON
Section 187 of the ACJA makes provision for registration and use of
Bondspersons and gives the Chief Judge power to make regulations for their
operation.
*
REMAND PROCEEDINGS
Sections 293 – 295 of the Act provide for the remand of a suspect by the
Magistrate that does not have jurisdiction.
Application to be made exparte.
SHORTCOMINGS OF THE ACT
There are three issues to be considered
as shortcomings of the Act
1.Lack of time limit for hearing of cases
2.Lack of sanctions
3. No provision for mechanical recording
of proceedings.
SPEEDY TRIAL UNDER THE ACT
While there is a copious provisions in the
Act to ensure speedy trial see section 306,
396, 109(4) and 109(5), 349(7) and section
382, 376. There are no time limit for
Conclusion of cases.
Section 306: “An application for stay of
proceedings in respect of a criminal
matter before the court shall not be
considered”
Section 396(2): “After the plea had been taken, the
defendant may raise any objection to the validity of the
charge or information at any time before judgment provided
that such objection shall only only be considered along with
the substantive issues and a ruling thereon made at the time
of delivery of judgement”.
S. 396(3): “Upon arraignment, the trial of the defendant
shall proceed from day-to-day until the conclusion of the
trial.”
Section 349(7):
A Legal Practitioner, other than a lawyer
engaged in any matter shall be bound to
conduct the case on behalf of the prosecution
of defendant until final judgement unless
allowed for any special reason to cease from
acting by the court of its own motion or upon
application by the legal practitioner”
See also Sections 382(1)
SPEEDY TRIAL AND TIME LIMITS
The sixth amendment to the us constitution and the
speedy trial act set forth rights related to criminal
prosecution
The sixth amendment stipulates that “in all criminal
prosecution, the accused shall enjoy the right to a
speedy and public trial by an impartial jury of the state
and district where in the crime shall have been omitted ”
The Speed Trial Act of 1974 establishes time limits for
completing the various steps of a federal criminal
prosecution
SPEEDY TRIAL AND TIME LIMITS
These are as follows:
I. Length of delay
ii. Reason for the delay
iii. Time and manner in which the defendant has
asserted his right
iv. The degree of prejudice to the defendant which
the delay has caused
Nigerian law does not seem to entitle a person to
speedy trial .
Section 36 of the 1999 constitution as amended
guarantees the right
to a fair hearing within a
reasonable time. See also section 35(4) (5) section36(1)
provides
“ in the determination of his civil rights and obligations,
including any question or determination by or against
any government or authority, a person shall be entitled
to a fair hearing within a reasonable time by a court or
other tribunal established by law and constituted in such
manner as to secure its independence and impartiality.
In the second republic, an attempt
was made to set time limits for
hearing election cases.
However, the Supreme Court came
down on those provisions. In
UNONGO V APER AKU the court
declared the provisions of the
Electoral Act as an unwarranted
interference in judicial powers
How ever following long delays in hearing of
electoral cases in such cases like Peter Obi V
Ngige
Fayemi v Oni (2011) fwlr pt 554, p1
And Aregbesola V Oyinlola
Section 285 of the 1999 constitution set time
limits for hearing of election petitions.
An attempt to set time limit for hearing of
corruption case through the corrupt practices act
2000 under s26(3) was struck down by the
supreme court in Ag ONDO v Ag FEDERATION
CONCLUSION
Inspite of the stated shortcomings the provisions of the Act will make
for more efficient system of the administration of justice