Professional Documents
Culture Documents
The ACJA is divided into 48 parts with 495 sections. As will be shown in the
course of this work, its provisions seem like a fusion of the CPA, the CPC,
and the ACJL. It is important to mention at this point that unlike the CPA
and the CPC, the ACJA adopts the more acceptable trend used in both the
Evidence Act, 2011, and the ACJL, wherein persons standing trial for
criminal offences are not described as accused persons, but as
defendants. The provisions of the ACJA apply to criminal trials for offences
established by an Act of the National Assembly and other offences
punishable in the Federal Capital Territory, Abuja. 2 Its provisions, however,
1
2
9
10
11
Establishment of the
Monitoring Committee
Administration
of
Criminal
Justice
12
13
14
Trial of Corporation
This is another interesting feature of the ACJA, although it does not suffice
as an innovation as the ACJL had already blazed that trail. 15 The
background of these provisions is that corporations are legal entities which
can sue or be sued. More so, in many legislations including the Companies
and Allied Matters Act, 16 corporations are liable for a plethora of offences.
Thus, both the ACJA and the ACJL make provisions for the trial of a
corporation with its representative appearing on its behalf.
Corporation in the ACJA means anybody corporate, incorporated in Nigeria
or elsewhere. 17 Section 478 of the ACJA provides that a corporation can
take its plea to a criminal charge or information either orally or in writing
through its representative. However, when the corporation does not appear
or if it appears, fails to enter any plea, the court shall order a plea of not
guilty to be entered and the trial shall proceed accordingly. 18 More so, any
requirement of the ACJA that says anything must be done in the presence of
the defendant, or shall be read or said or explained to the defendant, shall
be construed as a requirement that that thing shall be done in the presence
of the representative or read or said or explained to the representative. 19
The ACJA, however, makes extra provisions than the ACJL as regards trial
by corporations. For instance, Section 481 of the ACJA provides for
powers of a representative. More so, Section 484 of the ACJA expressly
provides for application of the provisions of the Act to a corporation as they
apply to an adult. The same section also expressly provides that a
corporation may be charged jointly and tried with an individual for any
offence.
15
16
17
18
19
See Part 27, Sections 357-360, Administration of Criminal Justice (Repeal and
Reenactment) Law of Lagos State, 2011.
CAP C20, LFN 2004
Section 477, Administration of Criminal Justice Act, 2015; See also Section
371, Administration of Criminal Justice (Repeal and Reenactment) Law of
Lagos State, 2011.
See also Section 357, Administration of Criminal Justice (Repeal and
Reenactment) Law of Lagos State, 2011.
Section 482, Administration of Criminal Justice Act, 2015; See also Section
358, Administration of Criminal Justice (Repeal and Reenactment) Law of
Lagos State, 2011.
Searches
21
22
23
24
Summons
Section 117 of the ACJA provides for the issue of summons where a
complaint is made before a magistrate as provided in Section 115 of the
ACJA and the magistrate decides to issue a summons. Section 115 of the
ACJA provides for the making of a complaint over an offence committed by a
person whose appearance the Magistrate has power to compel. It is
submitted here that from the above provisions, only a Magistrate can issue a
summons by virtue of the ACJA. This is because the provisions do not use
the word court which has extended meaning as used in other sections,
neither do the sections provide for issuing of a summons by a Judge or by a
Justice of the Peace. More so, as shall be seen in later sections of this work,
complaints can be used to institute criminal proceedings only in the
Magistrates Court by virtue of Section 109 of the ACJA. Hence, if a
summons is issued by virtue of a complaint made, and complaints are only
used for commencing criminal proceedings in the Magistrates Court, it is
right to submit that the ACJA only provides for issue of a summons by a
Magistrate and none other. Suffice it to submit, however, that a summons
issued pursuant to the provisions of the ACJA shall not be invalidated by
reason of the issuing authority ceasing to have jurisdiction. 28
Just like the CPA, the ACJA provides that a summons can be issued and
served on any day including Sunday and a Public Holiday. 29 The provisions
of the ACJA on the mode of service of a summons and the life span of a
summons are similar to those of the CPA, ACJL, and CPC. 30 The only
difference is that unlike the other legislations, the ACJA provides for service
25
26
27
28
29
30
Section 149(4), Administration of Criminal Justice Act, 2015; See also Section
78, Criminal Procedure Code
Sections 12(3) and 149(6), Administration of Criminal Justice Act, 2015; See
also Section 79, Criminal Procedure Code
Section 153, Administration of Criminal Justice Act, 2015
Section 139, Administration of Criminal Justice Act, 2015.
Section 116, Administration of Criminal Justice Act, 2015; See also Section 82,
Criminal Procedure Act, CAP C41, LFN 2004.
Sections 122-126, Administration of Criminal Justice Act, 2015; Sections 8892, Criminal Procedure Act, CAP C41, LFN 2004; Sections 86-91, Administration
of Criminal Justice (Repeal and Reenactment) Law of Lagos State, 2011;
Sections 48-54, Criminal Procedure Code.
Arrests
3.3.1
The ACJA provides that a warrant of arrest can only be issued in the first
instance upon complaint on oath or in writing by the complainant himself or
by a material witness. 32 There seems to be confusion as to which authority
can issue a warrant of arrest in the ACJA. While Section 36(c) of the ACJA
provides for signing of a warrant of arrest by the Judge or Magistrate by
whom it is issued, Section 41 of the ACJA in providing for public summons
for an absconding suspect, make provisions for issuance of a warrant of
arrest by any court or Justice of the Peace. The former provision is exactly
the same with those of the CPA and ACJL, 33 while the latter is similar to the
provision of the CPC. 34 The draftsman of the ACJA in a bid to fuse the three
jurisdictions possibly did not notice that slight discrepancy on the
authorities by whom a warrant of arrest can be issued in the other
legislations. To this end, it is right to conclude that by virtue of the above
provisions, the ACJA provides for issuance of a warrant of arrest by a Judge,
Magistrate, or Justice of the Peace.
There is no difference between the form and requisites of a warrant of arrest
as provided in the ACJA and as provided in the CPA and ACJL. 35 Similarities
also exist among the ACJA, CPA, and ACJL in the provisions for the lifespan
of a warrant of arrest, 36 execution of warrant of arrest, 37 and execution of a
warrant of arrest outside the division or district issuing the warrant. 38 The
ACJA does not make provisions for execution of a warrant of arrest outside
the state of issue. As regards the provision for the power to arrest on warrant
31
32
33
34
35
36
37
38
The ACJA makes provisions for arrest without warrant by police officers,
private persons, and judicial officers. 43 The Justice of the Peace also has
power to arrest for an offence committed in his presence. 44 In authorising
private persons to arrest without warrant, the ACJA departs from the
provisions of the CPA and ACJL in not limiting such powers to indictable
offences, felonies or misdemeanours as provided in the CPA, 45 or to offences
triable on Information as provided in the ACJL. 46 The ACJA simply
authorises a private person to arrest a suspect who in his presence commits
an offence, or whom he reasonably suspects of having committed an offence
for which the police is entitled to arrest without warrant. 47
3.4
Constitutional Rights
Section 44, Administration of Criminal Justice Act, 2015; Section 29, Criminal
Procedure Act, CAP C41, LFN 2004.
Section 28, Administration of Criminal Justice (Repeal and Reenactment) Law
of Lagos State, 2011.
Section 41, Administration of Criminal Justice Act, 2015; Section 67(1),
Criminal Procedure Code.
Section 42, Administration of Criminal Justice Act, 2015; Section 67(2),
Criminal Procedure Code.
Sections 18, 20, 21, 22, 24, 25, 26, Administration of Criminal Justice Act,
2015.
Section 26, Administration of Criminal Justice Act, 2015
Section 12, Criminal Procedure Act, CAP C41, LFN 2004
Section 12, Administration of Criminal Justice (Repeal and Reenactment) Law
of Lagos State, 2011
Section 20, Administration of Criminal Justice Act, 2015
48
49
50
51
The ACJA seems to have given statutory flavour to the ugly holding charge
syndrome under the guise of Applications for Remand. Section 293 of the
ACJA provides that a suspect arrested for an offence which a Magistrate
Court has no jurisdiction to try shall within a reasonable time of arrest be
brought before a Magistrate Court for remand. The Court is authorised to
remand the suspect in prison custody if the Court is satisfied that there is
probable cause to remand the suspect pending the receipt of a copy of the
legal advice from the Attorney-General of the Federation and arraignment of
the suspect before the appropriate court. 52
The remand order shall be for a period not exceeding fourteen days in the
first instance, and the case shall be returnable within the same period. 53
Such order can be renewed for a further period of fourteen days on
application in writing with good cause shown. After this period of 28 days
and the suspect is still in custody, the Court may grant the suspect bail.
However, the court may instead of granting the suspect bail, issue hearing
notices on any of the authorities in Section 296(4) of the ACJA, and adjourn
the matter for a period not exceeding fourteen days with the suspect still
remanded. At the return date, if the authority concerned requests for and
shows good cause to another remand, the Court may remand the suspect for
a final period not exceeding fourteen days for the suspect to be arraigned for
trial before an appropriate court. At the end of this final period or if good
cause is not shown by the said authority, the suspect shall be immediately
released from custody. 54
One may argue that in the maximum, the suspect would be in custody for
only 56 days by virtue of the above provisions. However, that position still
takes the criminal justice system backwards. First, the above provisions
statutorily confers a sort of jurisdiction on the Magistrates Courts over
offences which they ordinarily have no jurisdiction. Second, the provision
works against the adversarial nature of our criminal justice system which
presumes a suspect innocent until proven guilty. Contemporary
investigation procedures could be adopted by the Police to enhance speedy
investigations. More so, the provision encourages laxity on the part of the
State Counsel who ordinarily should be prompt as regards their legal advice
in criminal matters. Certainly, the time protocol for the remand orders and
the remand order itself work against the entire intent of the ACJA.
52
53
54
10
4.1
Section 17 of the ACJA provides for the procedure for obtaining the
statements of suspects. Section 17(1) expressly provides that such
statement shall only be taken if the suspect so wishes to make a statement.
Such statement may be taken in the presence of a legal practitioner of the
suspects choice, an officer of the Legal Aid Council of Nigeria, an official of a
Civil Society Organisation, a Justice of the Peace, or any other person of the
suspects choice. 55
Where the suspect does not understand English language, Section 17(3) of
the ACJA provides for an interpreter who shall record and read over the
statement to the suspect to his understanding, and the suspect shall then
endorse the statement with the interpreter attesting to the maker of the
statement.
4.2
57
58
11
12
5.1
and
Undertake
Criminal
The ACJA once more makes an innovation in this regard. Section 106 of the
ACJA limits the power to institute and undertake criminal proceedings to the
following persons:
a) The Attorney-General of the Federation or a Law Officer in his Ministry
or Department;
b) A legal practitioner authorised by the Attorney-General of the
Federation;
c) A legal practitioner authorized to prosecute by this Act or any other
Act of the National Assembly.
Further, Section 110 of the ACJA provides that charge sheets used to
institute criminal proceedings in a Magistrates Court shall be signed by any
of the persons mentioned above and none other. These provisions override
the provision in Section 23 of the Police Act, 63 by which the Police are
empowered to prosecute cases in any court in Nigeria, as it relates to courts
to which the ACJA applies. To this end, the decision of the Supreme Court in
the case of Osahon v Federal Republic of Nigeria 64 with respect is no
longer good law as it relates to courts to which the ACJA applies, including
but not limited to the Federal High Court.
5.1.1
63
64
65
66
13
A private person can institute criminal proceedings under the ACJA by fiat of
the AG(Fed), 68 by complaint, 69 or by information if the conditions provided in
Section 383 of the ACJA are complied with. The conditions provided are as
follows:
a) The information must have been endorsed by the AG(Fed) or a law
officer acting on his behalf that he has seen the information and has
declined to prosecute the offence set out therein;
b) The private legal practitioner must enter a recognisance in such sum
as may be fixed by the court with a surety, to prosecute the
information to conclusion from the time the defendant shall be
required to appear; pay such costs as may be ordered by the court; or
deposit in the registry of the court, such sum of money as the court
may fix.
Where a private prosecutor withdraws from a prosecution for an offence
under the provisions of Section 108 of the ACJA, the court may in its
discretion award costs against the prosecutor. 70
5.2
Section 109 of the ACJA provides for the different methods of instituting
criminal proceedings.
In a Magistrates Court:
a) By a charge;
b) By complaint whether or not on oath; or
c) Upon receiving a First Information Report as provided for in Section
112 of ACJA
In a High Court:
a) By information of the AG(Fed) subject to Section 104 of the ACJA;
b) By information or charge filed in the court after the defendant has
been summarily committed for perjury by a court under the provisions
of the ACJA;
67
68
69
70
Section
Section
Section
Section
14
CHARGES
6.1
Section 193 of the ACJA provides that a charge under the ACJA may be as
in the forms set out in the Second Schedule of the Act with necessary
modifications. Section 377 of the ACJA provides that an information shall
be in the form set out in Form No. 11 in the First Schedule to the ACJA.
However, information precedents are contained in the Third Schedule to the
ACJA. Just like other kindred legislations, the ACJA outlines the contents of
a charge thus: 73
1. The offence with which the defendant is charged;
2. The law, the section of the law, and the punishment section of the law
against which the offence is said to be committed;
3. Particulars of the time and place of the alleged offence;
4. The defendant;
5. The victim, if any, or thing against whom or in respect of which the
offence was committed; and
6. Such other particulars as are reasonably sufficient to give the
defendant notice of the offence with which he is charged.
71
72
73
15
75
76
See Section 151(3), Criminal Procedure Act, CAP C41, LFN 2004; Section 201(4)
Criminal Procedure Code; and Section 147(1)(d) Administration of Criminal
Justice (Repeal and Reenactment) Law of Lagos State, 2011
CAP C41, LFN 2004
Criminal Procedure Act, CAP C41, LFN 2004
16
Section 216(1) of the ACJA vests the court with power to permit an
alteration or amendment to a charge or framing of a new charge at any time
before judgement is pronounced. Section 216(3) of the ACJA provides for
alteration or amendment of the charge after the defendant is arraigned. It
vests the court with power to permit or direct the framing of a new charge or
amendment of the original charge. Thus, such power can be exercised by the
court either suo motu or on application of the prosecution. On the other
hand, Section 216(4) of the ACJA provides for alteration or amendment of a
charge even before arraignment. The section authorises the court to frame a
charge or add or alter the charge as the case may be.
Sections 216(2), 217, 218, and 219 of the ACJA provide for the procedure
to be followed after amendment of the charge. The procedure is similar to the
provisions of the CPA, CPC, and ACJL. 79 The amended charge must be read
77
78
79
18
7.1
19
Bail in Felonies
Section 162 of the ACJA provides that a defendant charged with an offence
exceeding three years imprisonment shall on application to the court be
released on bail. The use of court in this Section extends its meaning
beyond the High Court to include the Magistrates Courts, provided, however,
that such courts have jurisdiction over the offence for which bail is sought.
Further, this Section applies only when the defendant has been charged to
court. All the other provisions for administrative bail at the police station
discussed in earlier sections of this work are still extant on the period
covering investigation of the offence to proper arraignment of the defendant
as it relates to felonies other than capital offences. Section 162 of the ACJA
provides for circumstances wherein the court shall not grant bail, namely:
a. Where there is reasonable ground to believe that the defendant will,
where released on bail, commit another offence;
b. Attempt to evade his trial;
c. Attempt to influence, interfere with, intimidate witnesses, and or
interfere in the investigation of the case;
d. Attempt to conceal or destroy evidence;
e. Where granting bail will prejudice the proper investigation of the
offence;
f. Where granting bail will undermine or jeopardize the objectives or the
purpose or the functioning of the criminal justice administration,
including the bail system.
7.1.3
Section 163 of the ACJA provides that in offences other than those provided
for in Sections 161 and 162, the defendant shall be entitled to bail unless
the court sees reasons to the contrary. Such bail will be granted as provided
for in Section 164 of the ACJA, upon the defendants entering into
recognisance in the manner provided for in the ACJA.
7.2
Bondsperson
Just as the ACJL, 80 the ACJA makes provision for the registration of
bondspersons. 81 Section 187 of the ACJA provides that the Chief Judge of
the FCT can make regulations for persons or corporate bodies to act as
bondspersons within the jurisdiction of the court in which they are
registered.
80
81
20
Undertake recognizance;
Act as surety;
Guarantee the deposit;
Arrest any person absconding or attempting to evade appearance.
The ACJA is silent on the procedure for bail application. Hence, while the
passage of time will reveal whether the rules to be made by the authorities in
Section 490 of the ACJA will cover such, the provisions of Section 492(3) of
the ACJA will suffice for the meantime. The latter Section provides that the
court may apply any procedure that will meet the justice of the case where
there are no express provisions in the ACJA. To this end, summons or a
motion may be used at the High Court.
8
8.1
Section 266 of the ACJA provides that a defendant shall be present in court
during the whole of his trial. Circumstances where the defendant may be
absent are:
a) When the defendant misconducts himself in such a manner as to
render his continuing presence impracticable or undesirable; 82 or
b) At the hearing of an interlocutory application.
The above provision, however, is made subject to Section 135 of the ACJA
which empowers a Magistrate to dispense with personal attendance of a
defendant where a summons is issued and the offence has a penalty of fine
not exceeding N10, 000 or imprisonment for a term not exceeding 6 months
where:
a) The offence is punishable by fine or imprisonment or both; and
82
See Section 210, , Criminal Procedure Act, CAP C41, LFN 2004; Section 208,
Administration of Criminal Justice (Repeal and Reenactment) Law of Lagos
State, 2011; Section 153, Criminal Procedure Code
21
As in the other legislations, when the case is called and the defendant
appears, if the complainant fails to appear having due notice of the date,
time, and place without notice of the absence, the court may dismiss the
complaint and discharge the defendant. However, where the court receives a
reasonable excuse for the non-appearance of the complainant or his
83
84
Section 352(1) (a), (b), Administration of Criminal Justice Act, 2015; iSee also
Section 281 , Criminal Procedure Act, CAP C41, LFN 2004; Section 235
Administration of Criminal Justice (Repeal and Reenactment) Law of Lagos
State, 2011.
Section 352(5), Administration of Criminal Justice Act, 2015
22
By virtue of Section 349 of the ACJA, where a defendant charged before the
court is not represented by a legal practitioner, the court shall inform him of
his rights to a legal practitioner, and enquire from him whether he wishes to
engage his own legal practitioner, or a legal practitioner engaged for him by
way of legal aid. However, Section 267(4) of the ACJA provides that the
Court shall ensure that the defendant is represented by Counsel in capital
offences provided, though, that a defendant who refuses to be represented by
Counsel shall, after being informed under Section 349(6) of the ACJA of the
risks of defending himself in person, be deemed to have elected to defend
himself in person and absence of counsel shall not vitiate the trial.
Where a legal practitioner who had appeared on behalf of the defendant
ceases to appear in court in two consecutive sessions of the court, the court
shall enquire from the defendant if he wishes to engage on his own another
legal practitioner or a legal practitioner engaged for him by way of legal aid.86
If the defendant elects to retain on his own the services of counsel, the court
shall allow him reasonable time not exceeding 30 days. However, if he fails,
or is unable to secure a legal practitioner after a reasonable time, the court
may direct that a legal aid counsel represent the defendant. 87
Where the defendant elects to represent himself, the court shall inform him
of all his rights under the 1999 Constitution of the Federal Republic of
Nigeria (as amended) and under the ACJA, and indicate the fact of having so
informed the defendant on the record. 88 Where a legal practitioner intends to
disengage from a matter, he shall notify the Court not less than three days
before the date fixed for the hearing and such notice shall be served on the
Court and all the parties. 89
9.
TRIAL
9.1
The procedure for arraignment and plea under the ACJA is the same as the
procedure in other kindred legislations. For this reason, this review shall not
85
86
87
88
89
Section 351, Administration of Criminal Justice Act, 2015; See also Section
280, Criminal Procedure Act, CAP C41, LFN 2004; Section 232, Administration
of Criminal Justice (Repeal and Reenactment) Law of Lagos State, 2011; and
Section 165 Criminal Procedure Code
Section 349(2), Administration of Criminal Justice Act, 2015
Section 349(3), (4) Administration of Criminal Justice Act, 2015
Section 349 (6), Administration of Criminal Justice Act, 2015
Section 349 (8), Administration of Criminal Justice Act, 2015
23
Plea Bargain
The ACJA joins the ACJL in making elaborate provisions for the plea bargain
procedure. However, the procedure in the ACJA is somewhat different from
that in the ACJL. 95 Section 75 of the ACJL restricts the authority to accept
a plea bargain to the Attorney-General of Lagos State while Section 270 of
the ACJA extends same to every prosecutor. Additionally, while in the ACJL,
the prosecutor only accepts a plea bargain offer from the defendant, in the
ACJA, the prosecutor can both offer to and accept a plea bargain from a
defendant. 96 Again, a plea bargain under the ACJL can only be entered into
before the plea to the charge, but in the ACJA, a plea bargain can be entered
into during or after the presentation of the evidence of the prosecution, but
before the evidence of the defence. 97 Further, under the ACJA, all of the
following conditions must be present before a plea bargain may be entered
into, namely: 98
90
91
92
93
94
95
96
97
98
Section 271, Administration of Criminal Justice Act, 2015; See also Section
356, Administration of Criminal Justice Act, 2015
Sections 273-278, Administration of Criminal Justice Act, 2015
Section 396 (2), Administration of Criminal Justice Act, 2015
Section 277, Administration of Criminal Justice Act, 2015
Section 275, Administration of Criminal Justice Act, 2015
See Sections 75-76, Administration of Criminal Justice (Repeal and
Reenactment) Law of Lagos State, 2011
Section 270 (1), Administration of Criminal Justice Act, 2015
Section 270 (2), Administration of Criminal Justice Act, 2015
Ibid
24
25
102
103
104
105
106
107
108
Section
Section
Section
Section
Section
Section
Section
26
The ACJA makes rather repetitive provisions on the procedure when the trial
commences after the plea. These provisions, however, are similar to those in
the other legislations save for few exceptions which shall be highlighted in
this work. Sections 300 304 of the ACJA make elaborate provisions on
the presentation of the case for the prosecution, the defendants case, a nocase submission at the instance of the court, a no-case submission by the
defence and replies, and the defence and prosecutors right of reply
respectively. Repetitively, Sections 356 358 of the ACJA provide for the
manner of hearing, discharge of the defendant when he has no case to
answer, and options open to the defence at the close of the prosecutions
case respectively. Section 361 of the ACJA provides for the ex-improviso
rule, and Section 255 of the ACJA provides for the application of the
Evidence Act, 2011 to proceedings in the Act.
9.3.1
The ACJA vests the Court with the power to grant leave for evidence to be
taken in writing or by electronic recording device on oath or affirmation of
the witness in certain exceptional circumstances where the evidence of a
technical, professional, or expert witness would not ordinarily be contentious
as to require cross-examination. 110 The Court shall also take written
depositions from persons who are seriously ill or hurt and who may not
recover, but are able and willing to give material evidence relating to an
offence and it is not practicable to take the evidence in accordance with the
provisions of the ACJA. 111 In this latter circumstance, the following
conditions must be satisfied:
a) The Judge or Magistrate shall subscribe the statement and certify that
it contains accurately the whole of the statement made by the person;
and
b) The Judge or Magistrate shall add a statement of his reason for taking
the statement, the date and place when and where the statement was
taken, and shall preserve the statement and file it for record.
In either case, however, whether an expert or an incapacitated witness, the
Court shall cause reasonable notice of the application to take the deposition
and the time and place where it is to be taken to be served on the prosecutor
109
110
111
27
This is another area in which the ACJA has blazed the trail. The ACJA
provides that upon arraignment, the trial of the defendant shall proceed from
day-to-day until the conclusion of the trial. 113 However, where day-to-day
trial is impracticable after arraignment, no party shall be entitled to more
than five adjournments from arraignment to final judgement. The interval
between each adjournment shall not exceed fourteen working days. 114
Where, though, it is impracticable to conclude a criminal proceeding after
the parties have exhausted their five adjournments each, the interval
between one adjournment to another shall not exceed seven days inclusive of
weekends. 115 These provisions will surely work to reduce the time spent on
criminal litigation. The era of criminal trials protracting for three to four
years is over, as if these provisions are applied strictly, criminal trials will be
accelerated.
However, a major limitation to the success of these provisions is the lack of
sufficient judicial officers to handle the overwhelming number of criminal
trials in Nigerian courts. If more Judges and Magistrates are appointed, and
possibly, most of the Judges and Magistrates are specifically assigned only
criminal cases, it will be easy to implement these provisions. It will be rather
difficult to adjourn a criminal trial from day to day when a Judge has many
matters both on the civil cause list and the criminal cause list.
112
113
114
115
Section
Section
Section
Section
362
396
396
396
(3),
(3),
(4),
(5),
Administration
Administration
Administration
Administration
of
of
of
of
Criminal
Criminal
Criminal
Criminal
Justice
Justice
Justice
Justice
Act,
Act,
Act,
Act,
2015
2015
2015
2015
28
10.1 Judgment
The following are the basic requirements of a valid judgment under the
ACJA: 116
a) The Judgment Must Be in Writing.
The ACJA makes an exception to this requirement in the case of
Magistrates Courts. Section 308 (2) of the ACJA provides that the
Magistrate, instead of writing the judgment, may record briefly in the
book his decision or finding and his reason for the decision or finding,
and then deliver an oral judgment. Hence, when the Magistrate fulfils
the necessary conditions, the Magistrate can deliver an oral judgment.
More so, where a Judge or Magistrate having tried a case is
unavoidably absent on the day which he is to deliver his judgment or
sentence, then if the judgment has been reduced into writing and
signed by the Judge or Magistrate, it may be delivered and pronounced
in open court by any other Judge or Magistrate in the presence of the
defendant. 117
b) The Judgment Must Contain the Point or Points for Determination.
c) The Judgment Must Contain the Decision and the Reasons for the
Decision.
d) The Judgment Must be Dated and Signed by the Judge or Magistrate at
the Time of Pronouncing It.
10.1.1
Section 396(7) of the ACJA made provisions that could give rise to some
constitutional issues. This Section provides thus:
Notwithstanding the provision of any other law to the
contrary, a Judge of the High Court who has been elevated to
the Court of Appeal shall have dispensation to sit as a High
Court Judge only for the purpose of concluding any partheard criminal matter pending before him at the time of his
elevation and shall conclude the same within a reasonable
time:
116
117
29
118
119
120
30
121
Supra
31
Section 232 (2), 1999 Constitution of the Federal Republic of Nigeria (as
amended)
Ibid
Section 1(3), 1999 Constitution of the Federal Republic of Nigeria (as amended)
32
33
The ACJA differed from other kindred legislations on sentencing in the cases
of pregnancy and child offenders. In the case of pregnancy, Section 404 of
the ACJA provides thus:
Where a woman found guilty of a capital offence is pregnant,
the sentence of death shall be passed on her but its execution
shall be suspended until the baby is delivered and weaned.
It is noteworthy that in the CPA, 139 CPC, 140 and ACJL, 141 when a woman
found guilty of a capital offence is ascertained pregnant, the sentence of
death shall not be passed on her but shall be substituted with sentence to
imprisonment for life.
It is submitted here that the ACJA has, by sentencing a pregnant woman to
death and staying execution till delivery and weaning of the baby, proved
more retributive than all the other legislations. Firstly, the trend
internationally is a departure from the death penalty. Many jurisdictions
have taken the position to abolish the death penalty. The provision
sentencing a pregnant woman to death is more a digression from the
internationally acceptable trend. Secondly, by providing for execution of an
erstwhile pregnant woman after her baby is weaned, the ACJA does not
consider the welfare of the child. A child needs motherly attention. If the
state by the machinery of law executes the mother of a child, it is then
possible that the child will grow up to see the law as evil, thus giving rise to
a rebellious disposition. While one may argue that a woman who takes the
life of another has no right to life just because she is nursing a child, that
position is more retributive than restorative. The whole intent of the ACJA
so far has been restorative justice; thus, this provision on sentencing a
pregnant woman to death has departed from the intent of the ACJA. If one
argues also that, even if the ACJA should adopt the position of the other
legislations in sentencing the woman to life imprisonment, a life
imprisonment would like a death sentence deprive the child of motherly
attention, that argument ignores the ACJAs provision of restorative noncustodial alternatives that may avail the convicted mother if she is
successfully rehabilitated and reformed.
138
139
140
141
34
35
The goal in this section of the work is to ascertain which principle underlies
the ACJA, whether retributive justice or restorative justice. Retributive
justice is seen as that principle which requires that the offender be
punished for the harm done, that the punishment fit the crime and that like
cases be treated alike. 149 Central to retributive justice are the notions of
merit and desert.150 Restorative justice, on the other hand, is an emerging
global trend in the criminal justice system. It emphasizes creative problemsolving whereby the rehabilitation and reintegration of the offender into the
community as well as remedy to the victim and the community who suffer
the direct consequence of the crime are given prominence while the current
approach of inflicting punishment and pain on the offender is played
down. 151 The concepts of reconciliation, restitution, reintegration, and
restoration are the key values of restorative justice.
In the light of the foregoing appraisal of the ACJA, various provisions of the
ACJA have been seen as driven by the concept of restorative justice. One
salient feature of the ACJA that makes it different from the others is its
provision for the payment of compensation to the victim. Section 319(1)(a)
of the ACJA provides thus:
(1) A court may, within the proceedings or while passing
judgment, order the defendant or convict to pay a sum of
money:
(a) as compensation to any person injured by the offence,
irrespective of any other fine or other punishment that
may be imposed or that is imposed on the defendant or
convict, where substantial compensation is in the
opinion of the court recoverable by civil suit
More so, Section 321 of the ACJA vests the Court with power to order
restitution to the extent of returning the property to the owner or to the
owners representative or to pay an amount equal to the value of the
property. The provisions of the ACJA on plea bargain also aim at reconciling
the victim and the offender, and compensating the victim for his losses
149
150
151
Agaba, James Atta, Practical Approach to Criminal Legislation (Pre-Trial and Trial
Proceedings) (Abuja: Panaf Press, 2011), 852
Ibid
Hambali, Yahya Duro Uthman, Practice and Procedure of Criminal Litigation in Nigeria
(Lagos: Feat Print and Publish Limited, 2012), 681
36
CONCLUSION
37