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 interests of the suspect, the defendant and the victim.
Preliminary, ACJA, 2015.1
Jonnie Rollie is a hardened criminal. He violently raped a five-year-old girl to death. The mother of the little girl, who had waited for fifteen (15) years before she finally conceived and gave birth to her, lost the will to live. She fell into a coma upon seeing the corpse of her baby girl and gave up the ghost days after. Jonie was arrested, released on bail and is yet to be charged to Court since 2023 when it happened. He is still moving freely in the streets despite all the available evidence against him. His case has been swept under the carpet.
Madam Kaffy (popularly called Madam K) is a big woman who traffics teenage girls for prostitution. She was reported and arrested when she was caught with 20 teenage girls that she wanted to smuggle out of the Country. She was charged to court and released on bail. The matter was adjourned many times due to the failure of the prosecution to appear in Court. The matter was struck out when it came up the last time for lack of diligent prosecution on the part of the State. More than one year after the charge was struck out, Madam K has not been re – arraigned to face the charge, and she continues to flaunt her ill-gotten wealth with so much audacity and has many friends among government top officials! Not only has she not stopped trafficking teenage girls, has now added a baby-making factory to her trade.
Randy boy is a yahoo plus guy. He dropped – out of Junior Secondary School (JSS) and did not learn any trade or skill, yet he bought ten (10) mansions on Lagos Island within the space of six (6) months, and also has a fleet of cars. He was caught on 10th October, 2020 with 2 fresh human skulls. He was arrested immediately, detained and later charged to court. He pleaded "not guilty" to the charge and the matter was set down for trial. Anytime the matter comes up, it is either that the Court is not sitting, the witnesses are not present or some other reason(s). As a result, progress in the trial of the case has been at a very slow pace. The two fresh human skulls were found to be those of Randy Boy's friends, Diddy and Ladi. Ladi only got married in February, 2020. The wife gave birth to triplets, some months after the murder of her husband. The triplets are now being used for street begging as Ladi's wife finds it financially hard to take care of the triplets in the absence of her husband who was the breadwinner before his demise. In Nigeria, government has no form of compensation for victims of crime, and the family members have not been so helpful.
While the names in the above narratives all are fictitious, the facts are common occurrences in Nigeria. Over the years, crime has crystalized into an institution while the existing Laws helplessly look on. Crime is not limited to a particular Country but it is a cankerworm that has eaten deep into the fabrics of many nations.2 However, for the purpose of this paper, we shall focus on the administration of Criminal Justice in Nigeria as a Country viz-a-viz the ACJA and we shall suggest reforms.
Nigeria is popularly known as the "giant of Africa." The county is blessed with the largest population3 in Africa which negatively impacts the rate of criminal activities in the country. In year 2025, Nigeria's crime index is 66.6 and it has the 11th position in the global ranking of crimes.4
What exactly is crime? "Crime is an act that the law makes punishable; the breach of a legal duty treated as the subject-matter of a criminal proceeding.5 For an act or omission to constitute a criminal offence for which a person is liable to conviction, such must be defined as a criminal offence by a written Act/law prescribing punishment thereto on conviction.6 The question at this juncture is, whether the existing laws have been able to cover all the fields of criminal offences by defining them? Obviously, No. Criminal offences are many ranging from murder, rape, robbery, domestic violence, assault to mention but few. Criminal offences can be categorised under felony (on conviction, punishable with death or three (3) years imprisonment or more), misdemeanour (on conviction sentenced to at least six (6) months imprisonment but not up to three (3) years) and finally, simple offences (this type is neither a felony nor misdemeanour.7
The criminal justice system in Nigeria involves the Judiciary (the courts), the Correctional Service, the Prosecutorial agencies (the Police, the Customs, the EFCC, the ICPC, the Ministries of Justice, etc) and the Bar (Lawyers). The Attorney General is the Chief Law officer of the Federation/State as the case may be. There is the Attorney-General for the Federation and one for each state. By virtue of section 174 of the Constitution of the Federal Republic of Nigeria (as Amended), "the Attorney-General of the Federation shall have power (a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a Court-Martial, in respect of any offence created by or under any Act of the National Assembly." Such power includes but not limited to taking over of any criminal proceedings, discontinue at any stage before judgment is delivered among other powers. The Attorney-General of each state is also empowered under Section 211 of the Constitution (as amended) in respect of criminal proceedings for each state. This power is for an Attorney-General and can be delegable except the power to enter a nolle prosequi which is personal to an incumbent Attorney – General.8
The criminal justice system in Nigeria is currently governed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Administration of Criminal Justice Act, 2015 (ACJA) and Violence Against Persons (Prohibition) Act, 2015. The Administration of Criminal Justice Act, 2015 has repealed and replaced the Criminal Procedure Act Cap. C41, Laws of the Federation of Nigeria, 2004, Criminal Procedure ( Northern States) Act Cap. C42 Laws of the Federation of Nigeria, 2004, and the Administration of Justice Commission Act Cap. A3, Laws of the Federation of Nigeria 2004.9 Some of the states have also adopted Administration of Criminal Justice Act and made them into state Laws. For instance, Lagos State also has its own ACJL which governs the Criminal Justice system in Lagos.10 A careful consideration of the system and its evolution over the years will reveal that the initial focus was hinged on punishing offenders in order to act as deterrence to others. While this sounds good in theory, it is shocking that the result was never achieved. Rather, crime was on the increase daily. On 22nd July, 1995, about 43 criminals were convicted by Firearms Tribunals and were sentenced to execution by firing squad in Lagos.11 This was done in the open to the horror of 1000 onlookers. Yet while this was going on, news had it that "pick -pockets" were not deterred as they effortlessly deprived unsuspecting onlookers of their priced possessions. This has always been the unfortunate trend, crimes increasing at an alarming rate despite punishments meted out to convicted offenders. In what looked like a positive change and a green light, the Government made a U-Turn in 2015 by enacting new laws- Administration of Criminal Justice Act and the Violence against Persons (Prohibition) Act. Both were passed in 2015 after being assented to by the Federal Government. By the provisions of these acts, many innovations were made which include compensation for victims of crime in a criminal trial, fast track adjudication, among other things. These Acts have been adopted by various states in the Federation to also help with the Criminal Justice System. For instance, in 2015, Lagos state passed the ACJL which was amended in 2021. The ACJA applies to criminal matters in all Federal Courts and the FCT except a Court Martial.12
Some of the innovations contained in the ACJA are as follows:
- The right of the Court to raise the issue of "no-case submission" suo motu. Prior to the enactment of the ACJA 2015, only a defence Counsel has the right to make a "no-case submission" after which the court would rule on same. However, by the provision of section 302 of the ACJA, the court on its own can record a finding of not guilty in respect of a defendant without calling an accused person to enter defence and based on this, the defendant shall be discharged.
- Compensation of victims of crimes. Section 319 of the ACJA. Unlike what obtained in the repealed CPA and CPC, victims of crimes can now obtain compensation/damages/restitution/cost in a criminal trial without the institution of a civil matter.
- Section 7 of the ACJA abolished the arrest of another person in lieu of a suspect. By implication, you cannot arrest a relative for instance in place of a suspect that ran away. This same provision is also under the ACJL of Lagos state although, with the amendment that a surety can be arrested in place of an accused person if not found.
- Section 15 (4) makes provision for the option of electronically recording of the confessional statement of a suspect. This will solve the issue of Trial-within-trial which occurs when an accused person denies a written statement or alleges that it was given under duress. Although, the word used "may" gives space for the discretionary power of a police officer to either record such electronically or to do so manually.
- By the provision of section 106 of the ACJA, only the Attorney-General of the Federation or a legal Practitioner has the right of prosecution. It has abolished the era of police officers who are not legally trained prosecuting criminal trials. This provision is however in conflict with section 23 of the Police Act which empowers police officers to prosecute.
- By the provision of section 396 of the ACJA, criminal matters are to be tried on a daily basis upon arraignment until the conclusion of the matter. Parties are only entitled to 5 adjournments each from arraignment to final judgment. Section 394(6) makes provision for award of reasonable cost where the leave for adjournment is frivolous.
While these Acts/Law are right steps in the right direction, one cannot but worry at the lack of implementation and continuous perpetration of crime in the Country nine (9) years after the enactment of the Act. As a matter of fact, the existing Acts/ Laws are good in theory (especially considering the innovations above), it is pathetic that little or nothing has been achieved in practice.
What are some of the inadequacies of the Administration of Criminal Justice Act, 2015 and what is the way out?
- Lack of proper awareness and publicity of the laws. It is worrisome that despite the existing laws, the awareness level is still very low among the public, even among persons who are supposed to be enlightened. There is the need to educate the public on this existing law. This can be done through the ministry for women affairs, non-governmental organisations (NGOS), National Orientation Agencies (NOA) and other agencies. For instance, some states have Sexual Offenders Register where the list of sexual offenders are published. There should be more of this and the awareness should be made available.
- Lack of adequate Training for stakeholders. This cuts across the judiciary, Correctional Service and the prosecutors. Right from the point of arrest of an offender till the case is finally dispensed with, there are usually loopholes which the defences have often taken advantage of, leading to many cases being lost. This would not be so if there is proper and adequate training of all involved.
- Lack of monitoring. Proper monitoring is needed at all stages to ensure proper enforcement and the needed follow up. A critical look at the Criminal Judicial system in Nigeria will reveal that laws are interpreted and executed based on the selfish interest and at the discretion of individuals which often result in the miscarriage of justice. An officer is either slack concerning his duties or the position is being used for exploitation and personal aggrandisement. Monitoring will help fish out the bad eggs and ensure that all hands are on deck to make that the system work. It is not enough to make new Laws but such must be monitored for enforcement and to ensure that all parties conform with the provisions of the law. In a criminal matter, technology can be adopted during investigation and even for proceedings. There can be video conferencing and audio conferencing right from the arrest of an accused person till the matter is finally dispensed with, one way or the other.
- Lack of proper funding- A working system is a well-funded system. From the Correction centre to the court rooms, from the Police officers to the Court officials, there is the need for adequate funding. The deplorable state of some Courts and corrections centres is alarming. Things like this will inhibit the effectiveness of the system no matter the law put in place.
- Elimination of corrupt and inefficient officers. Most times, justice is delayed due to the inefficiency of the Courts and at other times, that of the Police. It is not a strange thing to see a Judge that has refused to sit for a long time neither is it strange to see Police officer (prosecution) who will refuse to bring an accused person to court because the Defendant refused to bribe him. Those caught in this kind of attitude must not only be removed from the system but also be made to pay for the consequences of their actions. This may be loss of benefits, communal service among other things.
- Lack of technology adaptation and the resort to force. While generally, technology is expected to amplify human efforts, it goes beyond that in the Criminal Justice system as it can also help in preventing crime. As a matter of fact, manual recording is still being used during Court proceedings. The method of eliciting information from suspects is still drastic and inhumane despite the provision of Section 8 of the ACJA. This is common among police and this leads to brutality of accused persons. A practice which paves way for inefficiency in the system. Again, there is still manual recording (long-hand) of proceedings. With the advent of technology and forensic examinations, there ought to be a considerable improvement in the system and adapting same to amplify human efforts. There are cases of accused persons being tortured to death and prisoners being subjected to inhumane treatments under the guise of eliciting information from them. The way out is to shift from the use of force to more of technology. Forensic examination of suspects and even crime scenes/ objects can lead to a fast and more effective findings by the police. This will not only help in more effective way of resolving criminal matters but also help in preventing same. Our Police stations, Correctional centres and even Courts can be well equipped with security cameras that can capture both audio and videos in the administration of justice.
- The standard of proof- Although the standard of proof in a criminal trial is not proof beyond every reasonable doubt, yet it is proof beyond reasonable doubt. A standard which has become very difficult if not impossible for many prosecutors to meet. While it is better to allow 99 criminals to be set free than to convict one innocent person, it is also now crystal clear that it is dangerous to allow one single criminal to be set free for lack of diligent prosecution on the part of the state. Most times, failure to meet this standard is as a result of the crude way of arrest and the lethargic prosecution of matters in order to deliberately frustrate proceedings as a result of being compromised. Findings are being manipulated and results are being tampered with daily in favour of the highest bidder. What is the way out of this quagmire? It is not enough to discharge and acquit an accused person for failure of prosecution to meet the standard of proof. The prosecution must be made to prove the matter to the expected standard by being accountable for loopholes found in the course of prosecution. This goes to the dire need for private prosecutors. While the ACJL provides for private prosecutors, the process is not totally independent but has to be routed through the Attorney General of the Federation.13 Such private prosecutor is expected to enter into a recognizance as a guarantee to diligently prosecute the matter to the end.14 It is our suggestion that same should apply to an officer prosecuting on behalf of the state or a public officer prosecuting in his official capacity. Just like in a civil proceeding, a victim should be given the total liberty to either choose a state officer or to pay a private practitioner for the conduct of his matter. Whichever way, considering the standard of proof, failure to diligently prosecute must be dealt with as a criminal offence itself no matter in what capacity a prosecutor is acting. Measures should be put in place that will clearly define the expectations from a Prosecutor and the accompanying legal consequence for failure to so do.
In conclusion, the provisions of ACJA to a good extent can cater for the existing needs of the criminal justice system. However, there is the need for amendment of some of the provisions that are in conflict with other existing Acts as highlighted in this paper. The suggested reforms should be considered to ensure that the Act is not only good on paper but also effective too. In essence, the paper is to the effect that it goes beyond the writings on a paper but to implementation. It has been nine (9) years of passing the ACJL in Nigeria with little or nothing to show for it. This is a wake - up call on all stakeholders to join hands in the effective implementation of this Act towards an effective judicial system. This will no doubt rid Nigeria of criminals, reduce crime rates and ensure a safer Nigeria.
Footnotes
* Charity Ayooluwa Olaifa, MBA, LL.B, BL,FSFS, ACIArb, APAc, is a Managing Associate at Alliance Law Firm, Lagos, Nigeria.
1. Section 1 (1) ACJA, 2015
2. United Nations. "A new Era of conflict and violence". Assessed at https://www.un.org/en/un75/new-era-conflict-and-violence
3. Nigerian Embassy Berlin. Assessed at https://nigeriaembassygermany.org/about-nigeria.htm
4. Agbetiloye Adekunle. "Top 10 African Countries with the highest Crime Index at the start of 2025" assessed at https://africa.businessinsider.com/local/lifestyle/top-10-african-countries-with-the-highest-crime-index-at-the-start-of-2025/92pzmft
5. Black's Law Dictionary 10th Edition
6. Abidoye v FRN (2013) LPELR-21899(SC).
7. Classification of Offences. Assessed at https://www.learnnigerianlaw.com/learn/criminal-law/classification
8. Constitution of the Federal Republic of Nigeria, 1999 as amended, Section 174(1).
9. Section 493 ACJA, 2015.
10. ACJL, 2015, amended by Lagos State Administration of Criminal Justice (Amendment) Law 2021, No.14
11. Nigeria: Execution/fear of further execution. 43 prisoners convicted of armed robber (names not known). Assessed at https://www.amnesty.org/en/documents/afr44/010/1995/en/
12. Section 2(2) ACJA
13. Section 283 (1) (a) of the ACJA.
14. Section 283 (b) (i) of the ACJA
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