Lawyers, Activists Seek Provision Of Infrastructure In Courtrooms

Legal practitioners and activists have called for urgent
deployment of infrastructure in courtrooms to facilitate the
implementation of the Administration of Criminal Justice Act
(ACJA).

They said in Lagos on Thursday that although the provisions of
the ACJA were aimed at ensuring speedy justice delivery, its
application would be efficient, if the necessary infrastructure
were deployed in courtrooms.

The ACJA, was signed into law in May 2015.

It has 495 sections divided into 49 parts, providing for the
administration of criminal justice and related matters in courts at
the Federal Capital Territory and other federal courts
nationwide.

The law repeals the erstwhile Criminal Procedure Act as applied
in the South and the Criminal Procedure Act, applicable in the
North, and the Administration of Justice Commission Act.

By the provisions of Section 1, the purpose of the Act is to
ensure that the system of administration of criminal justice in
Nigeria, promotes efficient management of criminal justice
institutions and speedy dispensation of justice.
The Act is also geared at protecting the society from crime and the
protection of the rights and interests of the suspect, the
defendant and the victim.

Among other provisions, the Act does not allow for multiple
adjournment of cases and it stipulates a time limit of 90 days,
within which judgment should be delivered after conclusion of a
case.

Speaking on the application of the Act, an activist, Mr Ebun-Olu
Adegboruwa, sees the ACJA as an ambitious attempt to tackle the
hydra-headed problem of inefficient administration of criminal
justice delivery in the country.

He said that the said attempt had since met its water-loo as
there was no corresponding provision of the necessary
infrastructure that would oil the provisions of the Act.

“The entirety of the Act is meant to achieve a speedy and
effective adjudication but without a corresponding improvement of
facilities in the courts not much can be achieved.

“At issue are the number of available courtrooms, judicial
officers as well as basic facilities. This has defeated the intent
of the Act and now appears like putting a new wine into an old wine
bottle.

“The letters of the ACJA cannot function with the existing
infrastructure in the judiciary.

“There has to be a corresponding and holistic reformation of
such infrastructure and human personnel in the courts to oil the
wheels of justice in the way it is designed.”

Adegboruwa, therefore, called on government to put measures in
place to ensure effective application of the ACJA.

“I urge the government to review the issue of manpower in the
judiciary with respect to judicial officers, number of courtrooms,
appointment of more judges and the creation of more courts.

“When a magistrate or judge has over 100 cases to attend to in a
week, it becomes impossible to cope with such congestion in the
courts and this renders the provisions of the ACJA ineffective.

“However, where these modalities are put in place, then it
becomes realistic to set a time limit for adjournment of cases,” he
said.

On his part, a social critic, Mr Spurgeon Ataene, believes that
the ACJA has done well in the unification of procedural acts of
Nigeria, tapping from “the good work of Lagos State’’.

He, however, urged the authorities to replicate the example of
Lagos State and allow courts to conduct preliminary inquiry into
investigations of the police on the reasons for remand without
necessarily waiting for a formal arraignment.

Ataene also advised judges to ask pertinent preliminary
questions in criminal charges and to discharge or grant bail to
persons found unconnected to the charges, to help reduce congestion
in prisons.

Another rights campaigner, Mr Daniel Onwe, argues that the
cooperation of court, lawyers and the police is required to ensure
an effective application of the ACJA.

He also stressed the need for law enforcement agencies to be
diligent in the dispensation of their duties so as not to abuse
some provisions of the Act.

Legal practitioners and activists have called for urgent
deployment of infrastructure in courtrooms to facilitate the
implementation of the Administration of Criminal Justice Act
(ACJA).

They said in Lagos on Thursday that although the provisions of
the ACJA were aimed at ensuring speedy justice delivery, its
application would be efficient, if the necessary infrastructure
were deployed in courtrooms.

The ACJA, was signed into law in May 2015.

It has 495 sections divided into 49 parts, providing for the
administration of criminal justice and related matters in courts at
the Federal Capital Territory and other federal courts
nationwide.

The law repeals the erstwhile Criminal Procedure Act as applied
in the South and the Criminal Procedure Act, applicable in the
North, and the Administration of Justice Commission Act.

By the provisions of Section 1, the purpose of the Act is to
ensure that the system of administration of criminal justice in
Nigeria, promotes efficient management of criminal justice
institutions and speedy dispensation of justice.
The Act is also geared at protecting the society from crime and the
protection of the rights and interests of the suspect, the
defendant and the victim.

Among other provisions, the Act does not allow for multiple
adjournment of cases and it stipulates a time limit of 90 days,
within which judgment should be delivered after conclusion of a
case.

Speaking on the application of the Act, an activist, Mr Ebun-Olu
Adegboruwa, sees the ACJA as an ambitious attempt to tackle the
hydra-headed problem of inefficient administration of criminal
justice delivery in the country.

He said that the said attempt had since met its water-loo as
there was no corresponding provision of the necessary
infrastructure that would oil the provisions of the Act.

“The entirety of the Act is meant to achieve a speedy and
effective adjudication but without a corresponding improvement of
facilities in the courts not much can be achieved.

“At issue are the number of available courtrooms, judicial
officers as well as basic facilities. This has defeated the intent
of the Act and now appears like putting a new wine into an old wine
bottle.

“The letters of the ACJA cannot function with the existing
infrastructure in the judiciary.

“There has to be a corresponding and holistic reformation of
such infrastructure and human personnel in the courts to oil the
wheels of justice in the way it is designed.”

Adegboruwa, therefore, called on government to put measures in
place to ensure effective application of the ACJA.

“I urge the government to review the issue of manpower in the
judiciary with respect to judicial officers, number of courtrooms,
appointment of more judges and the creation of more courts.

“When a magistrate or judge has over 100 cases to attend to in a
week, it becomes impossible to cope with such congestion in the
courts and this renders the provisions of the ACJA ineffective.

“However, where these modalities are put in place, then it
becomes realistic to set a time limit for adjournment of cases,” he
said.

On his part, a social critic, Mr Spurgeon Ataene, believes that
the ACJA has done well in the unification of procedural acts of
Nigeria, tapping from “the good work of Lagos State’’.

He, however, urged the authorities to replicate the example of
Lagos State and allow courts to conduct preliminary inquiry into
investigations of the police on the reasons for remand without
necessarily waiting for a formal arraignment.

Ataene also advised judges to ask pertinent preliminary
questions in criminal charges and to discharge or grant bail to
persons found unconnected to the charges, to help reduce congestion
in prisons.

Another rights campaigner, Mr Daniel Onwe, argues that the
cooperation of court, lawyers and the police is required to ensure
an effective application of the ACJA.

He also stressed the need for law enforcement agencies to be
diligent in the dispensation of their duties so as not to abuse
some provisions of the Act.