March 3, 2024

77 thoughts on “The Administration of Criminal Justice Act, 2015 (ACJA)

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  1. I really commend all your efforts in taking the legal profession enviable height with your contributions to the profession. Please, keep it up.

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    1. Dear Sunny,

      Thank you for your brilliant question. The applicability of the Act has somehow been a subject of debate amongst lawyers. Section 2 of the Act talks about application and only court martial is excluded by virtue of its sub-section (2). So, invariably, the Act applies to Criminal Procedure in all other Courts.

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  2. I believe this piece will go a long way in re orienting and re exposing the public on d improvement of our criminal justice system.

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  3. it seems that the draftsmen were not tardy enough, in that section 2 of the Act is conflicting with section 495 (1) which seeks to repeal the CPA & CPC without reservation as to the extent of the repeal. However, sub section (3) of section 495 is still making reference to the CPA & CPC as if same was not repealed by sub section (1).
    from the above, the controversy as to whether the ACJA, 2015 is inapplicable to the various state courts is justified.

    1. Hello, what do you mean by S.495(1) and 495(3)? There are no such provisions within the Act. The only thing contained in Section 495 is “This Act may be cited as the Administration of Criminal Justice Act, 2015.” No more and no less. Please can you shed more light on your point?

  4. Hello Sir,
    Thanks for sharing this valuable information with us. You are giving good information about the forensic justice act. It was very necessary to know about this act for me. Because I am getting a service on the criminal justice act from “Institute of Computer Forensic Examinations and Criminal investigations” (ICFECI) to solve one of my friend’s case. Hope your suggestion will very helpful for me.

  5. Thanks for this analyses.I am an LL.B student,and I am writing a thesis on Capital Punishment in Nigeria.Please what are the relevant provisions of the ACJ ACT on Capital Punishment.
    Thanks for your anticipated cooperation

  6. Many thanks for all your educative and incisive analysis of legal issues. You enrich our legal education and knowledge. Kudos.

  7. I gladly appreciate the educative, informative and incisive synopsis you have given on this subject matter. however, there are so many grey areas about ACJA some of which some commentariats have mentioned. suffice that i mention ACJA’s approval of ‘holding charge’, which is in a way may be regarded as a contravention of the letter and spirits of the 1999 constitution, S. 35 of CFRN 1999 (as amended) the question being whether 48 hours or 14days and more of the ACJA i.e. what i termed moderated rule of law. Ss. 293-295(1)-(7),

    second, the ACJA’s concept of compensation is it not nebulous, sweeping and untenable? who will compensate whom? what kind of compensation on which kind of offence? what is the compensation for lost of life, limp or more. is it the government who will be vicariously liable for the acts of her citizen? if it is the convict, you now will ask what is the convict’s financial standing to want compensate the offended. is it not as well double punishment_conviction and compensation?

    ‘the issue of eliciting confessional statements in this clime is not as easy as the first three English alphabets”. that is what a police officer said, when yours faithfully, asked whether the police was aware of this provision in the ACJA 2015.

    May be we should all be Realists with ACJA or like gold whose worth is prove by furnace. the beauty of ACJA is its test in court.

  8. Please add me to your mail list. Your efforts at educating and improving the lots of lawyers and the legal profession is commendable. I wish and hope to be receiving legal updates from your team of eggheads. Thanks and remain blessed.

  9. hello,please in regards to this act(Administration of the criminal justice act 2015) will it be applicable to the internally displaced persons camp in Nigeria (IDP)

  10. Why are some states still using the CPA and the CPC? Is the ACJA not meant to take effect throughout the whole country?

  11. Section 495 read together with Sec 2 means that we have a formidable and unified central criminal justice system in Nigeria ?

  12. Pls What is the comparison between the institutions of criminal proceedings under the old law and under the ACJ administration of criminal justice act 2004,with emphasis on the role of the police

  13. You are doing a great work. Keep up the good work and please add me to your mail list.

  14. Thank you for a concise analysis. I was looking forward to reading a gap analysis of the ACJA, as mentioned by a commentator, there are grey arrears of its applicability, that could be abuse.
    +) The obtaining of a remand order from a court without Jurisdiction to hear the substantive matter,
    2) The fact that this is done via exparte application which does not give the defendant the opportunity to be heard on the exparte on remand.
    3) The fact that the exparte could be applied for without the Physical presentation of the defendant before a court, means that the magistrate may not have a complete picture of the condition of the defendant being sought to be remanded.

    Just to name a few, I look forward to reading about this. Kudos law Pavilion.

  15. I am a student and this is what I was given as project topic, the one I chose was The right and mode of institution of criminal proceedings in Nigeria an appraisal, but was later corrected to the right and mode of institution of criminal proceedings in Nigeria under the administration of criminal justice Act

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