Stakeholders review ACJA implementation 10 years after passage

Ten years after the Administration of Criminal Justice Act (ACJA) was enacted in May 2015, legal minds, law enforcement agencies, civil society groups, and human rights advocates have taken a critical appraisal of the law’s implementation and performance, calling for intensified action on it.

They made the call at a two-day Human Rights Summit of the Nigerian Bar Association (NBA) Western Zone, themed “Human Rights, Law Enforcement and the Administration of Criminal Justice,” convened at Ibadan by the 2nd Vice President of the NBA, Mrs. Bolatumi Animashaun, who also serves as the Alternate Chair of the NBA Human Rights Institute.

She organised it in collaboration with the Vice Chairs of NBA branches across the Western Zone (Lagos, Ogun, Oyo, Osun, Ondo, Ekiti, Edo, and Delta States) with support from the Centre for Socio-Legal Studies and Juritrust Centre for Socio-Legal Documentation.

Stakeholders at the two-day summit emphasised the urgent need for coordinated action through the Administration of Criminal Justice Monitoring Committee (ACJMC), the statutory body tasked with monitoring and strengthening stakeholder collaboration to ensure a harmonised criminal justice system in Nigeria.

According to the stakeholders, strengthening institutions, promoting accountability, and investing in technology and human rights education are pivotal to reforming Nigeria’s justice system.

Among the key recommendations was the adoption of electronic arrest records by Attorneys-General across the federation.

This measure, they argued, would significantly reduce indiscriminate arrests and frivolous prosecutions that waste public funds and violate human rights.

The summit focused on how well the ACJA has been implemented since its enactment.

Key discussions ranged from data sharing and monitoring frameworks to remand procedures, arrest protocols, non-custodial sentencing, and public interest litigation.

Papers were presented and discussions led by eminent jurists, scholars, and justice sector actors, including Prof. Akinseye-George (SAN), Prof Akeem Bello of the University of Lagos, Justice Olubunmi Fadipe of the Lagos State Judiciary, and Mr Femi Falana (SAN), among others.

The deliberations exposed significant gaps in compliance and enforcement of the ACJA.

For instance, stakeholders lamented that remand orders are often abused and that suspects are still being detained without trial.

Magistrates were urged to cease the indiscriminate use of remand powers, particularly in cases involving minor or bailable offences.

Recommendations emerged on the need to improve the use of technology in criminal justice processes, including e-filing and the digitisation of court records, and to replicate systems like the Lagos Criminal Information System across other states.

They called for an end to the fragmentation in the application of criminal justice laws across states and urged all NBA branches to engage their respective state Attorneys-General to push for reforms.

The summit equally stressed the importance of restorative justice mechanisms, particularly for petty offences, and recommended the establishment of parole boards and district solicitors in courts to help filter charges before arraignment.

Public interest litigation was strongly advocated as a necessary tool to hold institutions accountable.

Speakers also pushed for codification of legal advice into law, ethical reforms through the Rules of Professional Conduct, and sanctions for judicial officers who unjustly remand suspects.

Concerns were also raised about the poor funding of the justice sector, especially in areas such as logistics for magistrates, mobility, and the transfer of legal documents to courts.

Stakeholders stressed that the NBA must take the lead in ensuring the full implementation of Section 34 of the ACJA, which mandates regular inspections of detention facilities by Chief Magistrates and Judges.

To strengthen this mandate, the NBA was advised to accompany judicial officers on these visits and ensure that proper reports are made on conditions in detention centres.

Join Our Channels