The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has advocated for the harmonization of the Administration of Criminal Justice Act (ACJA) with various state versions. This move aims to strengthen Nigeria’s criminal justice system.
At a three-day technical session on reviewing and validating the National Minimum Standard Document for implementing the ACJA, Fagbemi emphasized the need for harmonization. He stressed that this would prevent offenders from exploiting legal loopholes by moving between jurisdictions, a tactic known as “forum shopping.”
Fagbemi’s call aligns with his previous stance on effective implementation of existing laws to combat crime in Nigeria. He believes that having laws alone is insufficient; thorough implementation is crucial to minimizing crime.
By harmonizing federal and state criminal justice laws, Nigeria can:
Prevent Forum Shopping: Offenders can no longer exploit legal loopholes by moving between jurisdictions.
Strengthen Justice System: Harmonization will ensure consistency and effectiveness in the administration of justice.
Enhance Crime Prevention: Effective implementation of laws will contribute to minimizing crime in Nigeria.
Fagbemi stated, “This harmonised approach will ensure that no jurisdiction offers an escape route for offenders, leading to greater accountability and contributing to Nigeria’s socio-economic development.”
The ACJA, enacted in 2015 to modernize and address inefficiencies and delays in criminal proceedings, has been a cornerstone of Nigeria’s efforts to reform its criminal justice system.
While binding on federal courts, the law has been adopted with various modifications by nearly all states. However, the lack of uniformity in its implementation across different jurisdictions has posed significant challenges.
Highlighting the importance of technology in this reform process, Mr Fagbemi called for the deployment of digital tools to enhance the efficiency and transparency of legal proceedings.
He stressed, “The full adoption of the ACJA by states will eliminate opportunities for criminals to evade justice by moving across state lines.”
The AGF also addressed one of the most pressing issues in Nigeria’s criminal justice system – overcrowded correctional facilities. With pretrial detention accounting for nearly 70% of Nigeria’s prison population, Mr Fagbemi urged the working group to prioritize reforms that will expedite case management and reduce delays.
Another critical area of concern highlighted by the AGF is the issue of data collection. The ACJA mandates law enforcement agencies to maintain accurate records of arrests and criminal activities, with quarterly reports to be submitted to the AGF’s office.
However, these requirements have largely gone unfulfilled, leading to a situation where offenders can evade justice by being treated as first-time criminals, even with a history of offenses in other states.
Mr Fagbemi also drew attention to the underutilized provisions for victim compensation and restitution within the ACJA.
He noted that while the law provides for compensation for crime victims, awareness of these provisions remains low among law enforcement, lawyers, and judicial officers.
Reflecting on the mixed results of the ACJA’s implementation over the past nine years, Mr Fagbemi expressed optimism about the role of the National Working Group in advancing crucial reforms.
“We have come a long way since the enactment of the ACJA in 2015, but much work remains,” he remarked.
“The National Minimum Standards will serve as a catalyst for improving the implementation of criminal justice laws at both the federal and state levels. I encourage all stakeholders to fully support this initiative,” he said
The AGF praised the Centre for Socio-Legal Studies, led by Yemi Akinseye-George, SAN, for its pivotal role in shaping the National Minimum Standards.
He expressed confidence that the newly established working group would spearhead essential reforms in Nigeria’s criminal justice system.
