AGF, Akinseye-George urge National Assembly to fast-track amendment of Criminal Justice Act
The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) has urged the National Assembly to expedite action on the amendment of the Administration of Criminal Justice Act (ACJA) Amendment Bill, pending before the Senate since 2023.
The President of the Center for Socio-Legal Studies (CSLS), Professor Yemi Akinseye-George (SAN) who echoed the view, said the amendment was needed to close identified gaps in the implementation of the ACJA, 2015.
Fagbemi, Akinseye-George spoke in Abuja at a one-day stakeholders’ review meeting on the draft ACJA Amendment Bill.
The event was attended by judges of the Federal High Court and the HIgh Court of the Federal Capital Territory (FCT), and other criminal justice sector stakeholders.
It was organised by the CSLS, in collaboration with the Federal Ministry of Justice, and the Rule of Law and Anti-Corruption (RoLAC) Programme, funded by the International Institute for Democracy and Electoral Assistance (IIDEA).
Fagbemi commended initiative behind the review of the ACJA, describing it as apt due to the lapses observed in the implementation of the ACJA, 2015.
Represented by the Senior Special Assistant (SSA) to the President, office of the AGF, Mr Wada Ahmed Wada, Fagbemi said the outcome of the stakeholders’ meeting will form part of what would be submitted to the National Assembly for passage.
“The AGF will be magnanimous enough to thinker with what we have here and present it to the Senate and the Senate President will help us to carry out the amendment we are going to propose here”, he said.
Akinseye-George explained that the meeting was intended for stakeholders from across the criminal justice spectrum to examine, critique, and refine the proposed amendments to the law.
He added: “I wish to use this platform to make a passionate appeal to the leadership of the National Assembly.
“Let us not allow this opportunity slip by. The country urgently needs a stronger and more responsive criminal justice system”, he said.
He recalled that the House of Representatives passed the proposed ACJA Amendment Bill in 2023 and noted that the Bill is currently before the Senate.
Akinseye-George said the delay by the Senate to conclude its review, now provides an opportunity stakeholders to make further improvements before its passage.
He said the proposed amendments seek to respond to practical challenges and emerging trends in justice delivery.
Akinseye-George said a strengthened criminal justice system is not just about trials but also about prevention, accountability, healing, and peace.
He identified the amendments being proposed to include institutionalizing mandatory pre-trial case management; reforming the problematic ‘trial-within-trial’ approach; legalizing the use of witness depositions; introducing plea forms to simplify arraignments; strengthening non-custodial sentencing measures; advancing the digitization of court processes; eliminating de novo trials following judge transfer, retirement, or death; enhancing the institutional framework and functions of the ACJMC; and aligning the ACJA with the Nigerian Correctional Service Act, 2019, particularly on non-custodial measures.
The Deputy Court Registrar (DCR) Magistrate, High Court of the FCT, Mrs Olaide Akanni, noted that while the ACJA 2015, made a pivotal steps towards an efficient and effective justice system, it’s implementation in the last 10 years reveals serious procedural flaws such as”week enforcement of timelines, abuse of remand orders, inconsistent bail practices and trial delays.
Akanni added that without enforcement, benchmark or acceptable system many of the reforms would remain theoretical.
While calling for a bold, clear enforceable amendment, she stated that the proposed amendment should include binding trial timelines, detention protocols amongst others.
