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Fagbemi, Akinseye-George, Others Task Senate on Passage of ACJA Amendment Bill

Published 13 hours ago4 minute read

The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, and the President of the Center for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George, SAN, has called on the Senate to fast track the passage of the Administration of Criminal Justice Act (ACJA) Amendment Bill, pending before it since 2023.

The call was predicated on the urgent need to close the gaps identified in the implementation of the ACJA, 2015.

Fagbemi, Akinseye-George alongside, justices of the Federal High Court and High Court of the Federal Capital Territory (FCT), made the call on Thursday, at a One-Day Stakeholders’ Review Meeting on the Draft ACJA Amendment Bill, held in Abuja.

The meeting was organized 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 who was represented by the Senior Special Assistant (SSA) to the President, office of the AGF, Mr. Wada Ahmed Wada, expressed full commitment towards the review of the ACJA.

He noted that the review is apt due to the lapses observed in the implementation of the ACJA, 2015, adding that the outcome of deliberations would 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.

Also speaking, the Deputy Court Registrar (DCR) Magistrate, High Court of the FCT, Mrs. Olaide Akanni, noted that while the ACJA 2015, made a pivotal step 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.

Earlier, in a welcome, President of the CSLS, Akinseye-George, pointed out that the gathering provides an opportunity for stakeholders from across the criminal justice spectrum to examine, critique, and refine the proposed amendments to this landmark legislation.

“As you are aware, the proposed ACJA Amendment Bill was passed by the House of Representatives in 2023 and is currently before the Senate. While we had hoped the Senate would have concluded its review by now, the delay has created an opening – a rare window for us as stakeholders to make further improvements before its passage.

“In the intervening period, the Administration of Criminal Justice Monitoring Committee (ACJMC), alongside other key actors, has put forward additional suggestions aimed at closing gaps and strengthening the Bill.

“This meeting is therefore essential in harmonizing diverse views and consolidating them into a final version that meets the needs of our evolving justice system.

“As the ACJA marks its tenth year of implementation, we can proudly acknowledge its transformative impact on Nigeria’s criminal justice landscape. The Act has unified procedures across the federation, replacing the old dichotomy between the Criminal Procedure Act in the South and the Criminal Procedure Code in the North”, he said.

While observing that the proposed amendments seek to respond to practical challenges and emerging trends in justice delivery, the senior lawyer said key highlights of the amendment 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.

“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.

While stating that a strengthened criminal justice system is not just about trials but also about prevention, accountability, healing, and peace, he urged participants to approach today’s meeting with a sense of duty and resolve, adding that, “together, we can help shape a justice system that truly serves the people”.

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