A recent study by CLEEN Foundation highlights the implications of Nigeria’s inadequate compliance with the Administration of Criminal Justice Act/Law (ACJA/L), revealing systemic weaknesses and threats to the rule of law.
The study, funded by the MacArthur Foundation, revealed gaps in stakeholders’ awareness and understanding of ACJA provisions.
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Presenting findings from the report at a media parley on Thursday in Lagos, the Director of Programmes at CLEEN Foundation, Salaudeen Hashim, noted that inadequate infrastructure, skills deficits within the police force, and political interference, hinder effective justice delivery.
Mr Hashim stated that the study, conducted across eight states, surveyed 1,658 respondents within the criminal justice system, assessing compliance among key actors, including police, judiciary, and correctional services.
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The selected states are Edo, Delta, Bauchi, Sokoto, Katsina, Jigawa, Kwara, and Cross River, with respondents from Nigeria Police Force (NPF), Nigeria Correctional Service, Economic and Financial Crimes Commission (EFCC), and Civil Society Organisations, among others.
About ACJA
ACJA was signed into law by former President Goodluck Jonathan in 2015 to reform Nigeria’s criminal justice system.
Some of the key provisions of ACJA include the protection of human rights during investigation and trial, timely trial and resolution of cases, enhanced investigative techniques and evidence handling.
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It also provides support and protection for victims and witnesses.
However, nine years after its enactment, Nigeria’s compliance with the law remains a concern, hindered by limited resources, infrastructure gaps, skills shortages, and corruption.
Key findings
The study notes that while 54.5 per cent of the respondents reported that the Nigeria Police Force (NPF) and other policing actors are compliant with ACJA/L regarding arrest procedures, 18.9 per cent indicated non-compliance and 26.7 per cent reported indifference.
Respondents also held mixed views on the NPF’s treatment of defendants and accused individuals. While 50.2 per cent reported respectful treatment, 40.1 per cent indicated disrespect.
The NPF’s compliance with ACJA/L provisions on obtaining confessions was also questioned. Only 43.4 per cent reported mostly compliant practices, with 37.8 per cent indicating rare or total non-compliance.
About 67 per cent of the respondents, including court officials and EFCC personnel, also admitted that Nigeria’s police lack modern investigative methods.
Mr Hashim explained that law enforcement agencies still rely on outdated tools, undermining their ability to gather and preserve evidence effectively.
About 56 per cent of respondents also identified investigators’ and prosecutors’ engagement in corrupt practices as one of the most critical problems with the criminal justice system’s performance.
Effectiveness, understanding of ACJA
Of the eight states in the study, Sokoto, Edo, and Katsina are the leading states regarding the effectiveness of criminal justice actors.
Cross River, Kwara, Bauchi, Delta and Jigawa followed on the chart.
Delta, Sokoto and Katsina topped the chart analysing the understanding of the provisions of the law by police.
To improve compliance with the law, the study emphasises the need for a change in the funding system to address resource inadequacy across all service portals of the criminal justice system across the focal states.
It added that states must address corruption systemically, by establishing clear anti-corruption policies, conducting regular audits, and enforcing strict penalties for corrupt practices among all actors.
Recommendations
The report highlights the need for public education campaigns to foster a better understanding of the ACJA among Nigeria’s law enforcement officers and its citizens.
It also emphasised the need for the court system in the focal states to create implementational protocols around novel policies introduced by the ACJA.
An example is “the need for a structured way of implementing non-custodial sentencing, which is largely restricted to convicts mandated to sweep and clean court premises,” it noted.
“There is the need to integrate non-custodial sentencing with extensive social service in communities.”
It added that there is a need to create a system of institutional engagement that allows collaboration and feedback across all service points.
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