Why Nigeria’s criminal justice system is slow – Judge

A judge of the Court of Appeal, Mojeed Owoade, has highlighted the reasons for the delays experienced during the trial of criminal suspects.

Mr. Owoade spoke in Lagos Friday at the inaugural annual lecture series of the Adedokun Adebayo Adeyemi Foundation titled ‘Criminal Justice Administration in Nigeria: Past, Present and Future.’

He said the delays were not solely due to any particular organ in the country’s Criminal Justice system but as a result of numerous defects in the society.

“Delay could be caused by indiscriminate transfer of Police prosecutors,” he said.

“Usually, it is caused by the inability of the prosecutor to produce witnesses, which in turn could be caused by the public perception of police and/or the problem of frequent adjournments.

“Sometimes, delay in the Criminal Justice System is caused by uncompleted investigation and also more generally by the inadequacy of courts and judicial personnel.

“It is needless to add that unnecessary adjournments usually caused by the attitude to work of legal practitioners and some judicial officers is also a major factor of delay in the Criminal Justice System.”

Mr. Owoade, a professor of Law, said the problem of delay could be largely overcome if “compensatory and reconciliatory procedures in the criminal process are further encouraged.”

“This would have the effect of reducing the trial load in the court system and promote speed and efficiency.”

The Administration of Criminal Justice Act was signed into law in 2015 by former president Goodluck Jonathan to, among other things, reform the administration of criminal justice in federal courts across the country.

Part of the reforms the responsibility on the police to notify the next of kin or relative of a suspect of his arrest at no cost to the suspect.

It also mandates the police to give monthly reports of all cases of suspects arrested without warrant to the nearest or supervising magistrate.

“Indeed, section 34 of the ACJA provides that a designated magistrate shall at least every month, visit police stations or other detention centres other than the prison,” Mr. Owoade said.

“In any of such visits, the magistrate has power to call for and inspect the record of arrests, direct the arraignment of the suspect or grant bail, if the offence is within the magistrate’s jurisdiction.”

Mr. Owoade called on states to replicate the ACJA in their various jurisdictions and noted that a possible challenge to the implementation of the Act is funding and the need for change of attitude by various stakeholders.

“Increased funding of the police and other prosecuting agencies and a determination by stakeholders to make the system work would be some of the ways to realize the lofty objectives of the Administration of Criminal Justice Act 2015.”

Among those present at the event were Bode Rhodes-Vivour, a Justice of the Supreme Court; Dele Cole, a former presidential aspirant; and Ololade Salami, a member of the Presidential Economic Advisory Council in charge of Land Regulation and Mineral Resources who represented vice president Yemi Osinbajo.