Biennial Law Week: When Kwara Lawyers made case for strengthened Criminal Judicial System

By Kayode Adeoti

For three consecutive days, legal practitioners in Ilorin, the Kwara State capital, came together under the auspices of the Nigeria Bar Association (NBA), to deliberate on the topic: “Advancing socio–economic fortunes through effective administration of Criminal Justice in Nigeria”.
The just concluded NBA Bi-annual Law Week was held at Banquet Hall, Ahmadu Way, Ilorin.
The invited guest speaker who delivered the key note address on the theme for the 2019 NBA Lawyer week noted that undoubtedly, the well-being of every society is dependent on socio-economic factors. He said, advancing socio-economic fortunes, is a corollary of having or building a people-oriented society. “It follows, therefore, that the fortunes of the socio – economic factors can only be advanced or boosted when there is an enabling environment in every society for the advancement of its fortunes.”
The learned silk in the paper delivered at the event, maintained that Nigeria has become a nation that is synonymous with insecurity and all forms of criminal activities which have manifested in several ways viz; kidnapping, insurgency, banditry, armed robbery, bloodletting, fraud; and corruption in public office/service, among others.
“Today, you just cannot drive through some roads for fear of kidnapping as dare-devil kidnappers are on the prowl. Kidnapping has become a multi-million-naira sector. In fact, there is a notorious kidnapper today, standing trial, who is popularly called ”The Billionaire Kidnapper”.
The SAN stated that the entire Criminal Justice System in Nigeria comprises of three critical components viz: Law enforcement (The Police);Judicial Process (Courts, Judges, prosecutors, defence lawyers);Corrections (Prisons);The other two critical aspects according to him are law and community.
He added that an effective Criminal Justice System is fundamental to the maintenance of law and order and advancement of socio-economic fortunes in general, stating that fundamental essence of the Criminal Justice System to the smooth running of the Nigerian society cannot be overemphasized.
“The Criminal Justice in Nigeria has now come a long way with a myriad of challenges. In order to address the multi-faceted challenges of the Criminal Justice System in Nigeria, the Federal Government of Nigeria took a giant step in 2015 which culminated in the enactment of the Administration of Criminal Justice Act, (ACJA), 2015. This piece of legislation opened a new vista in the Administration of Criminal Justice in Nigeria. I must commend the 7th National Assembly for achieving that great feat which has set us on the path of progress in our quest to revamp the criminal justice sector. It is, undoubtedly, a testament to what we can achieve as a nation if truly we are sincere and determined in our nation-building drive.
“As at the last count, about 23 States had adopted the Act and consequently enacted their own Administration of Criminal Justice Laws. It is instructive to note that Kwara State is one of the 23 States that have so far adopted the ACJA by enacting the KWARA STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW, 2018. This, I must say, was a giant step in the right direction in the quest to revamp the administration of criminal justice system in the State.
Below are some of the main features of the ACJA, which if well implemented will enhance the administration of criminal justice in Nigeria: –
The purpose of the Act
* Efficient management of criminal justice administration;
*  Speedy dispensation of justice;
* Protection of society from crime; and
* Protection of the rights and interests of the suspects, the defendants and the victims.
The purpose of the Act also underscores a shift of focus from the punitive prism to the restorative prism with the interests of society, victims, vulnerable persons and human dignity as areas of priority.
Humane treatment of an arrested person and prohibition of arrest in civil cases.
Section 8 ACJA provides that a suspect shall:
*be accorded humane treatment, having regard to his right to the dignity of his person.
* not be subjected to any form of torture, cruel, inhuman or degrading treatment.
Section 10 of the Act mandates the police, upon arrest of a suspect, to take inventory of all items or property recovered from a suspect and the police officer and the suspect must duly sign the inventory.
Section 15(1)&(2) of the Act provides that the process of recording personal data of suspect shall be concluded within a reasonable time of the arrest of the suspect, but not exceeding 48 hours. This is to prevent unreasonable pre-trial detention by the police and other law enforcement agencies.
Section 15 (4) of the Act provides that where a person arrested with or without a warrant of arrest volunteers to make a confessional statement; the police officer shall record the statement in writing and may record the making of the confessional statement electronically on a retrievable video compact disc or such other audio visual means.
Section 16 (1) of the Act provides for the establishment of a Central Criminal Records Registry to keep records for future investigation, prosecution and adjudication. It provides that the Registry is to be established at every state Police Command which shall keep and transmit criminal records to the Central Records Registry.
Section 17 of the ACJA provides that where a person is arrested on allegation of having committed an offence, his statement shall be taken in the presence of a legal practitioner of his choice, or where he has no legal practitioner of his choice, in the presence of an officer of the Legal Aid Council, official of a Civil Society Organisation, a Justice of the Peace or any other credible person of his choice.
Section 30 provides that where a suspect has been taken into police custody without a warrant for an offence other than an offence punishable with death, the officer in charge of a police station shall inquire into the case and release the suspect arrested on bail subject to subsection (2) of this section, and where it will not be practicable to bring the suspect before a court having jurisdiction with respect to the offence alleged, within 24 hours after the arrest.
The immediate past speaker of the Kwara State House of Assembly, Hon. Ali Ahmad who sponsored the bill in 2015 while at the Federal level voiced his position on the theme expressing joy said the passage of the law in the state is a good development.
Ali who described the passage of the Act into law during his tenure as the speaker of the house as providence said Kwara adopted it three years after Federal level did.
For three years, the former lawmaker said he was on it, trying to make it works, adding that it was herculean task that took long processes.
To make the law work effectively in Kwara, the former lawmaker noted there must be an improvement in the judiciary Infrastructures, saying judges must be well paid and made comfortable.
“The administration of Criminal Justice Law of Kwara State is one of the most advanced coming three years after that of the federal. So all the lacunas associated with that of the federal have been fixed so we have one of the progressive administration of criminal justice law in Nigeria and in Kwara state.
“Kwara State is hub of justice sector in Nigeria, Kwarans are everywhere in the law practice, Advocate and even in the Administration of Criminal Justice because, we should make implementation a duty for us and all what will enable us have socio-economy development. We have to keep on funding it.
“If an accused is arrested, while he makes a statement, the law says, videos gadgets and the likes will be there. It’s very simple, like N100,000 will cover it. If he denies the statement in court, then, trial-within-trial comes in which can take longer time.”
Among other discussant at the event is Prof. Wahab Egbewole SAN who seems to have a divergent view over the topic.
He said it’s wrong to advance socio-economic development through administration of Criminal Justice, maintaining that it can only be enhanced through good governance, high standard of morality in running government business, integrity and sterling competence.
He further stressed that the new government of Abdulraman Abdulrazaq should take the passage of the law serious and work towards having the effective use of it.
“The new dispensation in Kwara State should improve on the judicial infrastructure, police must be enhanced, equipped with modern gadgets, courtrooms must be conducive so as to reduce stress in proceedings.”