Administration Of Criminal Justice Act, 2015: The Launching And Projection Of ‘Series’ Project

The Administration of Criminal Justice Act, 2015—hereinafter referred to as ACJA—is an Act of the National Assembly whose provisions apply to criminal trials for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja, which is a Criminal Procedure Law as opposed to the Criminal Code Law (‘Law’ used here is in the general term). The Act contains 495 sections with 48 parts as well as various ‘Forms’. The Act is the main adjectival law in criminal trials and proceedings in those areas mentioned above. It stands as a procedural law. Offences established by the National Assembly to which the Act is applicable are, for instance, offences relating to the Exclusive Legislative List in Part I of the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended)—hereinafter referred to as the Constitution—upon which the National Assembly has the powers to make laws and those emanating and relating to the items on the Concurrent Legislative List in Part II of the Second Schedule to the Constitution and offences by virtue of Existing Laws, for instance: the Economic and Financial Crimes Commission (Establishment) Act, 2004; the National Drug Law Enforcement Agency Act, 2004; etc. Also, those offences punishable in the Federal Capital Territory, Abuja, are offences relating to the Federal Capital Territory, Abuja (hereinafter referred to as FCT) as a State of the Federation, i.e. for the unlimited offences on the Residual Legislative List, for instance: the Penal Code Act, Laws of Federal Capital Territory, Abuja, 2007, etc.

This paper, for all intents and purposes, is aimed at launching and projecting the ACJA in a series project, i.e., this attempt is a project that is a form of’series’. I intend to analyse, criticize, evaluate, scrutinize, reason, formulate legal opinions, dissect, e.t.c., each and every part of the ACJA with a view to gathering some legal foundations for policy formulation as they concern the ACJA or the Administration of Criminal Justice and/or its system in Nigeria, since almost the Criminal Code Law of each State of the Federation (if not all the said Laws) has semblance provisions with the ACJA. This attempt or project, to my mind, would be of tremendous benefit to: criminal law practitioners; judges; students of law; academicians; and the general public. I shall use simple words or diction to convey and communicate with the reader without the use of vocabulary that would pose difficulty or require the reader to use an English dictionary to understand the intent and meaning or to interpret what I have stated in the paper, to the best of my understanding and knowledge. Other laws relevant to the provision(s) of the Act in question would also be considered and form part of the laws in reaching my legal submissions and/or opinions. I intend to share some of my little or few experiences in criminal trials and cases with the reader. I shall also carry out legal research in forming my legal opinions, to the best of my knowledge and understanding, though I am still a learner of law and will continue to be. In essence, this project is not a perfect one and would not reflect such a status. Errors could be made by me in the course of the project inadvertently, one way or another, but definitely not deliberately. I would appreciate it if the reader would draw my attention to such an observed error to enable me to reflect such corrections after due analysis where necessary.

Respectfully, the purpose and, of course, objective of this project is not to prove to the reader how much I know of law; rather, it is to educate and impart knowledge of law on the subject and impact positively (contributorily) on the administration of criminal justice and/or its system in Nigeria, as well as provide and/or provoke a discussion that could help in the policy formulation on the subject for the government and private policymakers in charge of policy formulation on the administration of criminal justice and/or its system in Nigeria. This present paper is to launch this project, not the project in itself. The project shall commence in my subsequent papers, which I shall write for public evaluation, assessment, and digest. I also intend to convey the message of this project most respectfully in a student-teacher class-teaching method to aid communication and understanding, though I am not an academic. Nevertheless, as a lawyer, criminal law practitioner, human rights and socio-economic rights activist, and legal consultant, I shall majorly be projecting this project in a practical method arising from what I have experienced in the course of my practice as a lawyer in courts, to the best of my knowledge and understanding. This project will definitely take a long time to conclude, even considering the long sections of the ACJA sought to be covered by this project.

I therefore pray and hope that the reader, including criminal law practitioners, judges, students of law, academicians, and the general public, will find this project beneficial (one way or another) as part of my contribution to the Nigerian criminal laws! With God Almighty’s permission, I hereby commence this project!

This Article was Written By: Hameed Ajibola Jimoh Esq.