Calls grow for uniform criminal justice system across Nigerian states

Scores of legal experts, human rights advocates, and senior judicial officers are pushing for a unified criminal justice system in Nigeria, arguing that inconsistencies in state laws have led to sentencing disparities, prolonged trials, and violations of defendants’ rights.

Under Nigeria’s federal system, states operate different criminal laws. Some apply the Penal Code, others the Criminal Code, while a few enforce Sharia-based laws. These variations, legal experts say, create uncertainty and hinder access to justice.

At the National Technical Review and Evaluation Conference in Abuja on Wednesday, the President of the Centre for Socio-Legal Studies (CSLS) Yemi Akinseye-George, stressed the urgency of harmonising the system.

He said a standardised approach would ensure that all Nigerians receive equal treatment under the law, regardless of their location.

He also noted that a uniform framework would improve efficiency, reduce delays, and enhance coordination among law enforcement agencies, prosecutors, and courts.

Nigeria’s prison system currently houses more than 76,000 inmates, with about 70 per cent still awaiting trial. The country has the highest percentage of pretrial detainees in Africa, far exceeding Ghana’s 12.4 per cent and South Africa’s 32.9 per cent, according to the World Prison Brief.

While Nigeria’s constitution upholds the presumption of innocence, legal researchers have documented cases where suspects are treated as guilty from the moment of arrest. Many are detained for years before their cases are heard, often without proper legal representation.

Mr Akinseye-George, a Senior Advocate of Nigeria (SAN), noted that despite years of criminal justice reforms, major problems persist.

He said trials often drag on for years due to inefficiencies in the system. Poor record-keeping complicates case tracking, while weak coordination among justice sector agencies results in prolonged delays.

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He stated overcrowded prisons remain a critical issue, with many detainees languishing behind bars simply because they cannot afford bail.

Corruption, documented by studies including one by the United Nations Office on Drugs and Crime, continues to obstruct access to justice.

Mr Akinseye-George said the 2023 National Justice Summit recommended the adoption of National Minimum Standards to address these challenges.

He explained that the framework is designed to serve as a benchmark for states implementing the Administration of Criminal Justice Act, encouraging reforms, and ensuring accountability.

Mr Akinseye-George emphasised that the minimum standards would create a structured process for evaluating states’ progress, fostering competition, and strengthening advocacy for better funding and policy improvements.

In his goodwill message, the Attorney General of the Federation (AGF) and Minister of Justice Lateef Fagbemi, is set to sign and gazette the National Minimum Standards, according to Leticia Ayoola-Daniels, the Director of Criminal Justice Reform at the Federal Ministry of Justice.

She described the initiative as a vital step toward uniformity in the implementation of criminal justice laws across the country.

Also, Evbu Igbinedion, the secretary of the Administration of Criminal Justice Monitoring Committee (ACJMC), spoke on behalf of the Chief Judge of the Federal Capital Territory, Husseini Baba-Yusuf, commending efforts to standardise criminal justice procedures.

Speaking with journalists at the event, the director of the MacArthur Foundation, Kole Shettima, also expressed optimism that the initiative would help strengthen the rule of law and improve access to justice for ordinary Nigerians.

Mr Shettima acknowledged the challenges faced by legal reform advocates but emphasized that the goal is to build a more just system.

He encouraged state officials not to view the assessment of their progress as criticism but as an opportunity to identify areas for improvement.

He also urged states that have lagged in implementing reforms to learn from those making progress.

Also, Mr Akinseye-George pointed out that nearly a decade after the passage of the Administration of Criminal Justice Act (ACJA) many of its provisions remain unimplemented.

He attributed the persistent delays in trials to issues such as frequent adjournments, a lack of oversight for prosecutors, and the practice of arraigning suspects when trials are not ready to commence.

He stressed that while states may struggle to implement all aspects of the law, the priority provisions outlined in the National Minimum Standards must be enforced.

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The conference, attended by representatives from 35 states, marks a crucial phase in the effort to reform Nigeria’s criminal justice system. Participants reviewed a nationwide assessment of justice sector performance and discussed strategies for improving compliance with the Administration of Criminal Justice Act.

Mr Akinseye-George praised the states that have shown commitment to implementing reforms, noting that progress depends on local efforts rather than federal intervention.

He said the implementation of the National Minimum Standards will follow a structured evaluation process, repeated every six months. This includes conducting baseline studies, publishing findings, organizing peer-review workshops, and holding technical review conferences to assess progress. States that excel in implementing reforms will be recognised and rewarded.

He explained the initiative has received support from the MacArthur Foundation and the Rule of Law and Anti-Corruption project, which have funded the development and dissemination of the standards.

The AGF, state attorneys general, and the Federal Administration of Criminal Justice Monitoring Committee have also backed the effort.