Critique of administration of criminal justice act acja 2015. A moral critique sule peter echewija department of philosophy, federal university lafia, nigeria abstract the idea of justice normatively reflects justitia in the roman worldview. Practice and procedure of plea bargain under acj act. Where a pardon or reprieve is granted, the president or the governor shall issue an order duly signed and sealed as contained in under the fourth schedule to the administration of the criminal justice act of 2015 or as near to it and a copy each shall be sent to the superintendent or other officer in charge of the prison in which the convict is.
Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. An appraisal of the administration of criminal justice act. Criminal practice directions 2015 division xiii justice. This paper begins with the origin of police in nigeria, it proceeds to do a jurisdictional survey it further. No doubt, the ajca is a timely intervention in the criminal justice sector in nigeria. Essentially, section 1 of the acja explains the purpose of the act thus. An overview of the administration of criminal justice act, 2015. The following states have passed the administration of criminal justice act law acjal in nigeria. Plea bargaining and the administration of criminal justice. The concept of the support to the justice sector of nigeria project ngav18 known hereafter as the project was identified, conceived and formulated by the european union eu, which also provided the majority of the funding. It also provides a basis for victims of torture to seek civil damages.
Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. Considering the journey thus far in the criminal justice system cjs in nigeria which culminated in the enactment of the administration of criminal justice act acja, 2015, it has become. Pdf an analysis of the police powers in the administration. The administration of criminal justice act 2015 and the crime suspects.
The laws of procedure admiringly considered in this paper are the evidence act 2011 as amended and the administration of criminal justice act, 2015. The act is a suitable model in nigeria having regard to the peculiarities of our circumstances. Service level agreement sls international court of justice. The administration of criminal justice act, 2015 acja which was signed into law in may 2015 is one of nigeria s newest legislations that has introduced new mechanisms in the nigeria s criminal justice framework. Practice and procedure of plea bargain under acj act punch. Nov 16, 2018 a formal framework for this was provided by the administration of criminal justice act in 2015 and in the lagos state administration of criminal justice law in 2007, reenacted in 2015.
Part 2 arrest, bail and preventive justice 3 arrest generally. The administration of criminal justice act, 2015 acja. Republic of nigeria v dr olubukola abubakar saraki the import of section 396 of the administration of criminal justice act acja 2015. If implemented, the act will redeem the criminal justice from the tiny grip of rich. Assessing the administration of criminal justice in. The administration of criminal justice act acja, passed in 2015, prohibits torture and cruel, inhuman, or degrading treatment of arrestees. Article pdf available october 2018 with 2,666 reads how we measure reads. The act which was signed into law in may 2015, has a 495section law divided into 49 parts. Section 16, on central criminal records registry, of nigeria s administration of criminal justice act, 2015 provides the following. The irregularities in the legal framework for the invoking, interpreting and applying plea bargaining in nigeria before the enactment of administration of. The police and administration of justice in nigeria in. Application of the act the administration of criminal justice act is divided into 48 parts with 495 sections.
Administration of criminal justice act, 2015 section. Download administration of criminal justice act acja. The administration of criminal justice act 2015 and the crime. Abstract this thesis examines the problems and prospects of administration of criminal justice and in particular the difficulties of applying and realising the purposes of administration of criminal justice act 2015. Section 194 of the 1979 constitution nigeria police acts. President goodluck jonathan has signed the administration of criminal justice bill 2015 into law. The purpose of the acja 2015 is to ensure that the system of administration of criminal justice in nigeria is efficient in the management of. The role of the administration of criminal justice act. In addition to highlighting the jurisprudential basis for use of the new measures in criminal justice, we shall also highlight and consider suitable approaches for unlocking the potential of these concepts and practices in.
Lawnigeria nigerian legal resources, intelligence and. The euphoria that accompanied the passage of the administration of criminal justice act 2015 acja 2015 should therefore be understood from these perspectives. An act to repeal all public order laws in the states of the. Pdf an appraisal of the administration of criminal justice act, 2015. According to the former chief justice of nigeria, hon. Lagos state first introduced the administration of criminal justice law, 2007 and the law was reenacted in 2011 acjl to govern criminal proceedings in lagos state. The administration of criminal justice act, 2015 acja is unmistakably the hottest law in nigeria presently and it is without doubt due to its wide applicability and revolutionary nature. The concept of the support to the justice sector of nigeria project ngav18 known hereafter. Offences procured, advised or counselled in the state to be committed outside the state 14. Prior to the promulgation of the acja 2015, nigerian states were governed by two principal legislations traceable to the british colonial administration, namely the criminal procedure act, cpa. The administration of criminal justice act acja, passed in 2015, prohibits torture and cruel, inhuman, or.
The administration of criminal justice act, 2015 acja lawpavilion. Arrangement of sections 1 part 1 preliminary purpose. Protocol i would like to thank the nigerian bar association for the honour and rare privilege to be called. Nigeria 2018 human rights report executive summary nigeria is a federal republic composed of 36 states and the federal capital territory fct. Ex debito justicae, first memorial lecture delivered in honour of hon jan 1992. An application for stay of proceedings in respect of a criminal matter before the. The administration of criminal justice act acja 2015. The objective of the act is captured in section 1 which read thus. You have signed your death warrant torture and other ill treatment in the special antirobbery squad amnesty international 4 glossary acja administration of criminal justice act cru complaints response unit igp inspector general of police ipo investigative police officer nhrc national human rights commission.
The administration of criminal justice act, 2015 acja the. The act provides for the administration of criminal justice system which promotes efficient management of the criminal justice institutions, speedy dispensation of justice, protection of the society from crimes and the protection of the rights and interest of the. His first book on transitional justice, transitional justice, judicial accountability and the rule of law 2010 was the first book published in the routledge transitional justice series and was shortlisted for the 2010 kevin boyle prize by the irish association of law teachers. The administration of criminal justice act, 2015 acja is unmistakably the hottest law in nigeria presently and it is without doubt due to its. Administration of criminal justice act administration of criminal justice law childs rights act. Chapter 12 of this act shall apply to the federation of nigeria. Administration of criminal justice act clause arrangement of clauses part 1 preliminary 1 purpose of this act. There are no contradictions between effective law administration and respect for human rights one is with a consequential effect on the other and all efforts must be made to avoid the bad consequences. These declarations should guide the resilience and doggedness of the new inspector general of police, mr onovo in aiding the administration of criminal justice in nigeria.
Tribute to chief wole olanipekun, cfr,san, fciarb,ll. Agency for the prohibition of traffic in persons naptip nigeria law reform commission. The administration of criminal justice act, 2015 hereinafter simply the acja was signed into law on may 14, 2015. An act to provide for the administration of criminal justice in the courts of the federal capital territory and other federal courts in nigeria. The official website of the federal ministry of justice, abuja. Nigeria with respect to the several matters therein dealt with.
Each state must also individually adopt the acja for the legislation to apply beyond the fct and federal agencies. In addition to highlighting the jurisprudential basis for use of the new measures in criminal justice, we shall also highlight and consider suitable approaches for unlocking the potential of these concepts and practices in the criminal justice system. Administration of criminal justice act 2015 police and human. Apr 07, 2014 an act to make special provisions in relation to the mode of trial and punishment of certain offences, and for related purposes. This work appraises the extent to which the provisions of the administration of criminal justice act, 2015 achieves the broad purpose of promoting efficient management of criminal justice institutions, speedy dispensation of justice, and the protection of the rights and interests of all actors in the nigerian criminal justice system. Plea bargaining and the administration of criminal justice in nigeria. Prior to the promulgation of the acja 2015, nigerian states were governed by two principal legislations traceable to the british colonial administration, namely. Part 1 general provisions chapter 1 definition of offence. To address all these lapses and to make criminal justice delivery more progressive, the administration of criminal justice act acja was passed in 2015 to significantly alter the criminal justice process with a view to raising efficiency and effectiveness in the quality of justice delivery in nigeria.
The bill, which was passed by the senate on may 5, seeks to, among others things, address the problem of delayed criminal trials. Nigeria the euphoria and optimism that followed the relatively peaceful 2015 elections that. Armed forces and the police chapter 2 punishments and other disposition measures 15. This law brought radical changes into the administration of criminal justice in lagos state with several provisions aimed at improving the administration of criminal justice in the state. Administration of justice criminal act federal ministry. Lagos it is no longer news that the administration of criminal justice act acja 2015 was passed into law by the 7th senate. The law comes in handy for both lawyers and nonlawyers. The court of appeals decides appeals from the district courts within the federal judicial system, and in some instances from other designated federal courts and administrative agencies.
The act provides for the administration of criminal justice system which promotes efficient management of the criminal justice institutions, speedy dispensation of justice, protection of the society from crimes and the protection of the rights and interest of the suspect, the defendants and victims in nigeria. The acja 2015 has repealed and replaced the criminal procedure act and the criminal procedure code in federal courts. Orders administration of criminal justice act 2015 service level agreement sls. The administration of criminal justice act acja 2015 is, to my mind, an excellent piece of legislation which has been long overdue in coming. Find below the link to download the 2015 administration of criminal justice act acja. Source of information for knowledge about the 2015 acja or any other laws on criminal.
An overview of the administration of criminal justice act, 2015 by professor yemi akinseyegeorge, san 1. The current legal framework on plea bargain in nigeria by. Compliance to the administration of criminal justice act. Aug 10, 2019 the main purpose of administration of criminal justice act acja 2015 is to improve the criminal justice system in nigeria. The criminal justice administration regime before the enactment of the administra tion of the criminal justice act acja 2015, had each state in nigeria adopt either the criminal procedure act in the southern states or the criminal procedure code in the northern states. This act may be cited as the criminal justice adminis short title. The nigerian courts of appeal are the intermediate appellate courts of the nigerian federal court system. Analyzing plea bargaining for corruption cases under the.
The administration of criminal justice act, 2015 2. The import of section 396 of the administration of. Assessing the administration of criminal justice in nigeria. There shall be established at the nigeria police force a central criminal records registry. Administration of criminal justice act 2015 federal ministry of justice. In 2015 citizens elected president muhammadu buhari of the all. Criminal justice administration act ministry of justice. The administration of criminal justice act, 2015 acja which was signed into law in may 2015 is one of nigerias newest legislations that has introduced new mechanisms in the nigerias criminal justice framework. The purpose of this act is to ensure that the system of administration of criminal justice in nigeria. The role of the administration of criminal justice act, 2015 in the trial of corruption cases in nigeria 23 pages posted. An act to make special provisions in relation to the mode of trial and punishment of certain offences, and for related purposes. If implemented, the act will redeem the criminal justice from the tiny grip of. Section 270 section 277 of the acja laid down clear parameters for the application of plea bargain in nigeria. An analysis of the police powers in the administration of criminal justice in nigeria.
For nigeria and nigerians to be able to enjoy the lofty provisions of the administration of criminal justice act acja 2015 vis a vis the nigeria constitution, the nigerian government needs to be seen to be fully committed to improving the nigeria criminal justice system by providing all that is needed to make the acja 2015 work. Is section 306 of the administration of criminal justice. The topic administration of justice in nigerian courts, problems and prospects seems to attract to itself the attention and inquisitiveness on the part of the common man or every believer in the rule of law of what the writer is talking about or what he is going to upon since the mere mention of justice in our society today raises a conjecture and thereafter. May 30, 2019 he noted that the acjl 2015 of lagos state was first enacted in 2007, and an amendment concluded in 2011, adding, the law has tremendously assisted the criminal justice system not just in lagos. For instance, section 306 of the administration of criminal justice act 2015 acja ousts the power of the courts to grant stay of proceedings. For the purposes of subsection 1 of this section, there shall be established at every state. Offences procured, advised or counselled by persons outside the state. There are no contradictions between effective law administration and respect for human rights one is with a consequential effect on the other and all.
An appraisal of the administration of criminal justice act, 2015. Case study of federal republic of nigeria v dr olubukola abubakar saraki abstract the acja 2015 has repealed and replaced the criminal procedure act and the criminal procedure code in federal. Innovations in the procedural laws on rape and other sexual. An overview in relation to criminal cases adjudication in the federal high court by professoryemiakinseyegeorge, san,fciarb. The administration of criminal justice act acja is the culmination of. The improvements made in the procedural law in nigeria, on issues of evidence, corroboration, compensation of victims, protection of victims and witnesses are xrayed and appreciated in this paper. The scope of section 396 of the acja however needs to be determined and adhered to in a bid to ensure that speed which is one of the aims of the acja is not defeated in criminal trials before the superior courts of record. The nigeria police npf is the principal law enforcement agency in nigeria with a staff strength of.
Problems in the administration of criminal justice in. Some of the innovative provisions in the acja include the provisions on. Analyzing the provision for plea bargaining under the administration of criminal justice act, 2015 and its likely impact on the trial of corruption and other cases by christopher olayiwola ogundare, esq. Thus, the role of the police in the administration of justice is one prescribed by law the supreme court, 2002. Some of the innovative provisions in the acja include the. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified.