An Appraisal of The Administration of Criminal Justice Act, 2015.

AN APPRAISAL OF THE ADMINISTRATION OF CRIMINAL
JUSTICE ACT, 2015.

Abajuo Reason Emma, LL.B
1. INTRODUCTION
The Administration of Criminal Justice Act, 2015 (ACJA) which was signed
into law in May 2015 is one of Nigerias newest legislations that has
introduced new mechanisms in the Nigerias criminal justice framework.
Essentially, Section 1 of the ACJA explains the purpose of the Act thus:
The purpose of this Act is to ensure that the system of
administration of criminal justice in Nigeria promotes efficient
management of criminal justice institutions, speedy dispensation
of justice, protection of the society from crime and protection of the
rights and interests of the suspect, the defendant, and the victim.
This work aims to appraise the extent to which the ACJA meets this purpose
by its provisions, and it highlights the role which proper implementation will
play to achieve the goals of the ACJA. In doing this, the work does not
undertake a section-by-section analysis of the ACJA. On the contrary,
choosing broad topics, this work compares the provisions of the ACJA with
those of the Criminal Procedure Act 1 (CPA), Criminal Procedure Code
(CPC), and the Administration of Criminal Justice (Repeal and
Reenactment) Law of Lagos State, 2011 (ACJL). The object of such
comparison is to identify the strengths of the ACJA over the already existing
legislations in the criminal justice framework. First, though, an overview of
the ACJA is necessary.
2. AN OVERVIEW OF THE ACJA
2.1
Structure and Application
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
CAP C41, LFN 2004

Section 2(1), Administration of Criminal Justice Act, 2015
An Appraisal of the Administration of Criminal Justice Act, 2015.

do not apply to a Court Martial. 3 The ACJA repeals the Criminal Procedure
Act, 4 Criminal Procedure (Northern States) Act, 5 and the
Administration of Criminal Justice Act. 6
The repeal section appears rather confusing as it relates to the CPA. At first
sight, it appears the CPA loses its existence given the ACJA. The CPA is the
parent legislation that governs criminal justice administration in the
Magistrates and High Courts of the 16 Southern states of Nigeria as the
Criminal Procedure Laws of these states with very minimal amendments. As
such, if the repeal section of the ACJA is given a wide interpretation, it may
be construed as though the ACJA applies to all courts in the 16 Southern
states of Nigeria. However, that is not so.
For one thing, Section 2(1) of the ACJA 7 limits the application of the Act to
criminal trials for offences established by an Act of the National
Assembly and other offences punishable in the Federal Capital
Territory, Abuja. Most Acts of the National Assembly establishing offences
vest exclusive jurisdiction over such offences on the Federal High Court. 8
Although offences created by the Robbery and Firearms (Special
Provisions) Act 9 are triable in the High Court of the State concerned, 10 this
Act of the National Assembly is only an exception, and not the general rule.
It is thus submitted that Section 2(1) of the ACJA 11 gives the Act a Federal
application. More so, Section 494 of the ACJA explains court in the Act
to include Federal Courts, the Magistrates Court and Federal Capital
Territory Area Courts presided over by legal practitioners. Although by the
use of the word include, the list is not exhaustive, it is certain that such
would not necessarily include State High Courts or Magistrates Courts in
the various Southern States. This submission is right in the light of the
provision in Section 490 of the ACJA which vests only on the Chief Judge of
the Federal High Court or of the Federal Capital Territory or the President of
the National Industrial Court the power to make rules of court generally for
carrying into effect the purposes of the ACJA. The above authorities cannot
make rules which State High Courts or Magistrates Courts will be subject
to. Thus, the ACJA applies only to courts subject to the supervision of the
above authorities as the case may be, namely, the Federal High Court, the
3
4
5
6
7
8
9
10
11
Section 2(2), Administration of Criminal Justice Act, 2015.

CAP C41, LFN 2004
CAP C42, LFN 2004
CAP A3, LFN 2004
Supra
For example, Section 20, Money Laundering (Prohibition) Act, 2011, and Section
26, National Drug Law Enforcement Agency Act, CAP N30, LFN 2004, vest
exclusive jurisdiction over offences in the respective Acts on the Federal High Court.
CAP R1, LFN 2004
Ibid, Section 9
Supra

National Industrial Court, the High Court of the FCT, the Magistrates Court
of the FCT, and the Area Courts of the FCT.
Therefore, the Criminal Procedure Act 12 is repealed as regards its
application to Federal Courts. It is noteworthy that by virtue of Section
32(1) of the Federal High Court Act, 13 the CPA applied in the Federal High
Court wherever the Court may be sitting. However, this provision has lost its
life given Section 2(1) of the ACJA which makes the ACJA applicable to the
Federal High Court. The Criminal Procedure Laws of the various Southern
states are still extant notwithstanding the fact that they are albeit
domesticated versions of the CPA. To this end, law students who may not be
able to study all the various Criminal Procedure Laws of the Southern states
will still need to study the CPA as same will suffice.
2.2
Establishment of the
Monitoring Committee
Administration
of
Criminal
Justice
The ACJA establishes the Administration of Criminal Justice Monitoring

Committee (the Committee). 14 The Committee comprises nine members with
the Chief Judge of the FCT as the Chairman. By virtue of Section 470 of
the ACJA, the Committee has the responsibility of ensuring effective and
efficient application of the Act by the relevant agencies. In doing this, the
Committee shall among other things ensure that criminal matters are
speedily dealt with; congestion of criminal cases in courts is drastically
reduced; congestion in prisons is reduced to the barest minimum; and
persons awaiting trial are, as far as possible, not detained in prison custody.
Section 471 of the ACJA establishes a secretariat for the Committee,
Section 472 of the ACJA establishes a fund for the Committee, and
Section 476 of the ACJA provides for proceedings and quorum of the
Committee.
By this establishment, the ACJA becomes the first legislation in the Nigerian
administration of criminal justice framework to establish a body charged
with the responsibility of ensuring effective application of the Act. The extent
to which it empowers the Committee to discharge its responsibilities,
however, is an issue that will be addressed in later sections of this work. As
shall be shown, the role of the Committee in criminal justice administration
is implicated in the various innovations introduced by the ACJA.
12
13
14
CAP C41, LFN 2004

CAP F12, LFN 2004
Section 469, Administration of Criminal Justice Act, 2015.

2.3
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.
358, Administration of Criminal Justice (Repeal and Reenactment) Law of
Lagos State, 2011.

3. SEARCHES, ARRESTS, AND CONSTITUTIONAL RIGHTS
3.1
Searches
3.1.1 Searches of Persons

The ACJA empowers the police to search arrested suspects using such
reasonable force as necessary for the purpose. 20 Just like the CPA and
ACJL, however, the ACJA makes an exception when the arrested suspect is
granted bail and bail is furnished. 21 Unlike the other legislations, the ACJA
in providing for the procedure for search of persons did not just stop at
providing for decency and search by a person of the same sex; it made the
following exception:
unless the urgency of the situation or the interest of due
administration of justice makes it impracticable for the
search to be carried out by a person of the same sex. 22
The above provision contemplates a situation where a search by a person of
same sex is impracticable. This exception is lacking in the other legislations.
3.1.2 Searches of Premises
Section 12 of the ACJA empowers a police officer acting under a warrant of
arrest to search without a warrant a place wherein a suspect sought to be
arrested is suspected to be. Apart from this provision, a search warrant is
required for search of premises like in the other legislations. The application
for a search warrant is done by a police officer carrying out an
investigation. 23 The ACJA authorises a court or a Justice of the Peace to
issue search warrants in circumstances provided for in Section 144 thereof
which include upon information on oath and in writing.
The procedure for the execution of a search warrant as provided by the ACJA
is similar to that in the other legislations save that the ACJA prescribes that
a search warrant can be executed at any time on any day. 24 More so, the
ACJA makes similar provisions with the CPC as regards execution of the
20
21
22
23
24
Section 9, Administration of Criminal Justice Act, 2015; See also Section 6,

Criminal Procedure Act, CAP C41, LFN 2004; Section 5, Administration of
Criminal Justice (Repeal and Reenactment) Law of Lagos State, 2011; Section
44, Criminal Procedure Code.
Ibid
Section 143, Administration of Criminal Justice Act, 2015
Section 148, Administration of Criminal Justice Act, 2015; Compare this with
Section 111, Criminal Procedure Act, CAP C41, LFN 2004, and Section 108,
Administration of Criminal Justice (Repeal and Reenactment) Law of Lagos
State, 2011, both of which prescribe execution of a search warrant between 5am and
8pm on any day.

search warrant in the presence of two respectable inhabitants, 25 and as
regards consideration of women in purdah when searching a place. 26
Section 151 of the ACJA provides for execution of a search warrant outside
jurisdiction, in which case a person executing same must apply to the court
within whose jurisdiction search is to be made and shall act under its
directions. The ACJA also makes elaborate provisions for detention of
articles recovered from a search. 27
3.2
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
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.

of a summons through a courier service company duly registered with the
Chief Judge as a process service agent of the court under the Act. 31
3.3
Arrests
3.3.1
Arrest with Warrant
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

Section 22(1), Criminal Procedure Act, CAP C41, LFN 2004, and Section 22(1),
State, 2011.
Section 67(1), Criminal Procedure Code.
Section 36, Administration of Criminal Justice Act, 2015; Section 22, Criminal
Procedure Act, CAP C41, LFN 2004, and Section 22, Administration of Criminal
Justice (Repeal and Reenactment) Law of Lagos State, 2011.
Section 39, Administration of Criminal Justice Act, 2015; Section 25(2)
Criminal Procedure Act, CAP C41, LFN 2004; Section 25(2), Administration of
Criminal Justice (Repeal and Reenactment) Law of Lagos State, 2011.
Procedure Act, CAP C41, LFN 2004; Section 27, Administration of Criminal
Procedure Act, CAP C41, LFN 2004; Section 30, Administration of Criminal

but without the warrant, the ACJA is only similar to the CPA in providing
that in such circumstance, the warrant shall, on the demand of the suspect,
be shown to him as soon as practicable after his arrest. 39 The ACJL provides
for showing the warrant to the suspect within 24 hours after his arrest. 40
As stated earlier, the ACJA makes similar provisions with the CPC as
regards the issuance of public summons for a suspect absconding from
arrest. 41 Differences, however, exist between the legislations in the methods
of publishing a public summons. The ACJA excludes reading of the public
summons in some conspicuous place in the town or village in which the
suspect resides and includes publication in a newspaper that enjoys wide
circulation or circulated in any other medium as may be appropriate. 42
3.3.2
Arrest without Warrant
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
The ACJA made elaborate provisions for the protection of constitutional

rights of citizens who are arrested by virtue of its provisions. For example,
Section 6 of the ACJA provides for notification of cause of arrest and rights
of the suspect. The rights which the police officer shall notify the suspect by
virtue of this section are the rights to remain silent or avoid answering any
39
40
41
42
43
44
45
46
47
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 12, Criminal Procedure Act, CAP C41, LFN 2004
of Lagos State, 2011

question or making, endorsing, or writing any statement until after
consultation with a legal practitioner or any other person of his own choice;
and his rights to free legal representation by the Legal Aid Council of Nigeria
where applicable. While one may argue that this Section presents no
innovation as it is similar to Section 3 of the ACJL, the proviso to Section 6
of the ACJA presents the innovation in its proviso thus:
Provided the authority having custody of the suspect shall
have the responsibility of notifying the next of kin or relative
of the suspect of the arrest at no cost to the suspect.
This proviso adequately takes care of that ugly situation wherein suspects
rot away in detention without kith or kin knowing of his or her whereabouts.
The provision that the notification to the next of kin or relative shall be at no
cost to the suspect is certainly a laudable provision.
Just as the ACJL, the ACJA expressly prohibits arrest in lieu. 48 Going
further than all other legislations of same kind, the ACJA made excellent
provisions for humane treatment of the arrested suspect. This reiterates the
right of the arrested suspect to dignity of his person as provided for by
Section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as
amended). More so, the ACJA expressly provides that a suspect shall not be
arrested merely on a civil wrong or breach of contract, 49 thus forestalling the
situation wherein complainants use the police to recover debts owed them or
enforce agreements.
Yet another interesting provision in the ACJA is that in Section 14 thereof,
which provides that an arrested suspect shall be taken immediately to a
police station, and shall be given reasonable facilities for obtaining legal
advice, access to communication for taking steps to furnish bail, and
otherwise making arrangements for his defence or release. More so, the
ACJA provides that a Chief Magistrate or any Magistrate designated by the
Chief Judge for that purpose shall, at least every month, visit police stations
or other detention centres within his territorial jurisdiction other than the
prison. 50 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 Magistrates jurisdiction. 51 All these
provisions are geared towards protecting the rights of the arrested suspects.
48
49
50
51

State, 2011.
Ibid

3.5
Applications for Remand (Holding Charge)
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

Ibid
10

4.
STATEMENTS AND BAIL PENDING INVESTIGATION
4.1
Procedure for Obtaining Statements under the ACJA
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
Bail Pending Investigation
By virtue of the ACJA, where a suspect is arrested without a warrant for an

offence other than a capital offence, the officer in charge of a police station
where it is impracticable to bring the suspect before a court of competent
jurisdiction, shall release the suspect on bail within 24 hours after the
arrest. 56 Bail is granted on the suspects entering a recognisance with or
without sureties for a reasonable amount of money to appear before the
court or at the police station at the time and place named in the
recognisance. This provision is very laudable as it guarantees the rights of
the suspect to personal liberty and will reduce the congestion of police cells
which is the norm in Nigeria.
Where the offence for which the suspect is arrested is a capital offence, the
suspect shall be detained in custody, and the police officer may refer the
matter to the Attorney-General of the Federation for legal advice and cause
the suspect to be taken before a court having jurisdiction within a
reasonable time. 57 Reasonable time here has the same meaning as defined
in Section 35(5) of the Constitution of the Federal Republic of Nigeria, 1999
(as amended). 58 Notwithstanding this provision, though, Section 31(1) of the
ACJA empowers the police officer in charge to release the suspect on same
bail terms as above if it appears to the officer that the inquiry into the case
55
56
57
58

Section 30(1), Administration of Criminal Justice Act, 2015; See also Section
17(1), Administration of Criminal Justice (Repeal and Reenactment) Law of
Lagos State, 2011
11

cannot be completed forthwith. This latter provision does not distinguish
between capital offences and non-capital offences; thus, it is submitted that
Section 31(1) applies to both types of offences. It is noteworthy that Section
31(1) of the ACJA is an innovation as such provision is not found in the
other kindred legislations. A closer provision in the ACJL only provides for
discharge of a suspect for want of evidence after the inquiry is completed
into an offence other than a capital offence. 59
One interesting aspect of the ACJAs provisions on bail pending investigation
is that it provides for a remedy for a suspect detained in custody. Unlike the
ACJL which only provides for application to a Magistrate,60 Section 32 of
the ACJA provides for an application to a court of competent jurisdiction,
thus:
(1) Where a suspect taken into custody in respect of a noncapital offence is not released on bail after twenty-four
hours, a court having jurisdiction with respect to the
offence may be notified by application on behalf of the
suspect.
(2) The Court shall order the production of the suspect
detained and inquire into the circumstances constituting
the grounds of detention and where he deems fit, admit
the suspect detained to bail.
(3) An application for bail under this section may be made
orally or in writing.
Going further to protect the interests of suspects, the ACJA mandates the
police to report to supervising Magistrates on the last working day of every
month, the cases of all suspects arrested without warrant within the limits of
their respective stations or agency whether the suspects have been admitted
to bail or not. 61 The Magistrate will in turn forward such reports to the
Criminal Justice Monitoring Committee which shall analyse the reports and
advice the Attorney-General of the Federation as to the trends of arrests, bail
and related matters. 62 To enforce such reports by the police, Section 33(5),
(6) of the ACJA provides that in the absence of such reports by the police,
the supervising Magistrate shall forward a report to the Chief Judge of the
59
60
61
62

Section 33(3), Administration of Criminal Justice Act, 2015. Similar provision is
found in Section 20 of the Administration of Criminal Justice (Repeal and
Reenactment) Law of Lagos State, 2011. The difference is that the Magistrate in
the latter case reports to the Attorney-General of Lagos State directly.
12

State or FCT and the Attorney-General of the State or Federation as the case
may be for appropriate remedial action.
5.
INSTITUTION OF CRIMINAL PROCEEDINGS UNDER THE ACJA
5.1
Persons Authorised to Institute

Proceedings under the ACJA
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
Powers of the Attorney-General of the Federation under the

ACJA
Section 104(1) of the ACJA provides that the Attorney-General of the

Federation (AG(Fed)) may prefer information in any court in respect of an
offence created by an Act of the National Assembly. The AG(Fed) also has
power to issue legal advice or directives to the police.65 The powers of the
AG(Fed) to discontinue criminal cases by entering a nolle prosequi and to
withdraw from prosecution in trials and inquiries and the legal effects of any
of such powers when exercised are also provided for in the ACJA. 66 It is
63
64
65
66
CAP P19, LFN 2004

[2006] 2 SC (Pt. II) 1
Sections 107 and 108, Administration of Criminal Justice Act, 2015
13

noteworthy that such powers can be exercised by the AG(Fed) through other
persons authorised by him. 67
5.1.2
Powers of a Private Legal Practitioner to Institute and

Undertake Criminal Proceedings under the ACJA
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
Modes of Instituting Criminal Proceedings under the ACJA
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
104(2), Administration of Criminal Justice Act, 2015

381(c), Administration of Criminal Justice Act, 2015
14

c) By information or a charge filed in the court by any other prosecuting
authority; and
d) By information or charge filed by a private prosecutor subject to the
provisions of the ACJA.
Noteworthy is the fact that by virtue of Section 112(11) of the ACJA, where
in the proceeding before a Magistrates Court, the court at any stage before
judgment, is of the opinion that the case is one which ought to be tried by
the High Court, he shall transfer the case along with the suspect to a High
Court for trial upon a charge or information in accordance with the
provisions of the ACJA. More so, the form and contents of information are as
provided for in Sections 377-379 of the ACJA. In the ACJA leave is not
required to file information in the High Court. 71 Expressly, Section 348(1)
provides that trials shall be held in the High Court by information filed by
the persons listed therein. There is no requirement for leave of the High
Court before filing such.
6.
CHARGES
6.1
Form and Contents of a Charge Sheet 72
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
Section 379 (1), Administration of Criminal Justice Act, 2015

See Sections 208-215, Administration of Criminal Justice Act, 2015, for
exceptions to the rules against misjoinder of offenders and misjoinder of offences in
drafting charges under the ACJA.
Sections 194 and 196, Administration of Criminal Justice Act, 2015
15

Apparently, the above outlined contents of a charge sheet have settled the
controversy over which section should be used in the charge sheet the
definition section or the punishment section or both. The CPA, CPC, and
ACJL 74 only provide for the written law and the Section of the Law against
which the offence is said to have been committed. These provisions make it
doubtful which Section is contemplated in the circumstance where the
definition section of an offence is different from the punishment section. The
ACJA, thus, clearly provides for both the definition section and the
punishment section in drafting charges.
However, in providing for the contents of an information, Section 378(1)(e)
of the ACJA only provides for the law and the section of the law against
which the offence is alleged to have been committed. No mention is made of
the punishment section of the law. Construing the two provisions strictly, it
is then right to submit that in drafting charges to be used in the Magistrates
Courts, the definition and punishment sections will be reflected in the
charge sheet; however, in drafting information for use in the High Courts,
only the definition section is required.
The Second Schedule of the ACJA provides for forms of charges under the
Penal Code and forms of charges under the Criminal Code respectively for
use in the Magistrates Courts. The forms of charges under the Penal Code in
the ACJA are similar to those in Appendix B of the CPC. On the other hand,
the forms of charges under the Criminal Code in the ACJA are similar to
those in the Second Schedule to the CPA. 75 Thus, for charges drafted under
the Penal Code, the presiding officer of the court prepares the charge, and
these charges contain the preamble introducing the presiding officer and the
provision for the signature or seal of the presiding officer. However, for
charges drafted under the Criminal Code, there exists no preamble, as the
person who drafts and signs is the person who undertakes the prosecution
pursuant to Section 106 of the ACJA.
In the form of information provided for in Form No. 11 of the First Schedule
to the ACJA, it is seen that the prosecutorial authority in the High Court
under the ACJA is the Federal Republic of Nigeria. The information therein
has same preamble as that in Section 337 of the CPA 76 save for the
replacement of the state in the CPA with the federation in the ACJA. The
precedents found in the Third Schedule to the ACJA apply to information
prepared in both the Criminal Code and the Penal Code. The information
74
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

contains on the one hand the statement of offence which briefly describes
the offence and refers to the law creating the offence, and on the other hand
the particulars of the offence which sets out particulars of the defendant,
time and place of the alleged offence, the victim, if any, or thing against
whom or in respect of which the offence was committed, and such other
particulars as are reasonably sufficient to give the defendant notice of the
offence with which he is charged.
6.2
Objection to a Defective Charge
The ACJA seems to present two conflicting provisions on the issues of

whether an objection can be raised to a defective charge, when such
objection can be raised, and how such objection if raised will be dealt with.
Section 221 of the ACJA provides thus:
Objections shall not be taken or entertained during
proceeding or trial on the ground of an imperfect or
erroneous charge.
On the other hand, Section 396(2) of the ACJA provides thus:
After the plea has been taken, the defendant may raise any
objection to the validity of the charge or the information at
any time before judgement provided that any such objection
shall only be considered along with the substantive issues
and a ruling thereon made at the time of delivery of
judgement.
Prima facie, these two provisions above appear conflicting. The draftsmans
choice of words makes it difficult to ascertain what the real intention is. It is
trite though that the latter provision will be held to prevail over the former.
Nonetheless, some conclusions can be drawn by a community reading of the
two provisions. First, the court cannot rule on an objection to a defective
charge during the proceeding or trial. Such ruling must be made at the time
of delivery of judgement. It then follows that the defendant can make an
objection to the validity of a charge or information, but the court shall not
entertain, take, or rule on such objection until the time of delivery of
judgement. It is submitted here that it is not the intention of the ACJA to
prohibit objections to defective charges as such will be absurd given the fact
that most objections may touch on the jurisdiction of the court to entertain
the matter. The intention, however, is to avoid delay in trials. Thus, even
when there are objections, the court does not take or entertain such
objections in isolation, but considers them with the substantive issues, and
rules on such objections at the stage of judgement.
17

Unlike the CPA which fixes the time for making objections immediately after
the charge has been read to the accused and not later, 77 the ACJA fixes the
time to object to a defective charge after the plea has been taken and at any
time before judgement. 78 The ACJA, however, like the other legislations does
not make provisions for the procedure to be adopted in objecting to a
defective charge. 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, given the fact that the court shall consider such objections with the
substantive issues and deliver a ruling on same at the time of judgement, it
is submitted here that in the High Courts, the objection should be by way of
motion supported by affidavit stating the grounds of the objection.
In the light of the above positions, thus, it is right to conclude that pursuant
to the ACJA, an objection to a defective charge can only be raised after the
plea has been taken and at any time before judgement. However, such
objection shall not be considered in isolation during the proceeding or trial,
but shall be considered with the substantive issues, and ruling on it made at
the time of delivery of judgement. However, there is yet no procedure
provided expressly for in the ACJA for making such objection; the court will
thus apply any procedure that will meet the justice of the case.
6.3
Alteration or Amendment of Charge
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
Section 167, Criminal Procedure Act, CAP C41, LFN 2004

See Section 164-165, Criminal Procedure Act, CAP C41, LFN 2004; Sections 208209, Criminal Procedure Code, Sections 155-156, Administration of Criminal
Justice (Repeal and Reenactment) Law of Lagos State, 2011
18

and explained to the defendant and the Court shall call for a fresh plea.
Reasonable adjournment may be granted if the court is of the opinion that
proceeding with the amended charge will prejudice the defendant or the
prosecutor. The prosecutor and the defendant shall be allowed to recall or
re-summon and examine any witness who may have been examined and to
call any further witness. Finally, a note of the order for amendment shall be
endorsed on the charge.
7.
BAIL PENDING TRIAL
7.1
Factors to be Considered in Granting Bail
Section 158 of the ACJA provides that a defendant or a suspect shall be

generally entitled to bail subject to the provisions of the Act. To this end, the
Act makes provisions for considerations for granting bail where a suspect is
charged with a capital offence, where a suspect is charged with a felony,
where a defendant is charged with a misdemeanour or simple offence, and
bail in respect of matters in other offences.
7.1.1
Bail in Capital Offences
Section 161 of the ACJA provides that a suspect arrested, detained, or

charged with a capital offence shall only be admitted to bail by a Judge of
the High Court only under exceptional circumstances. In defining
exceptional circumstance, Section 161(2) of the ACJA provides that the
term includes:
a. Ill health of the applicant confirmed and certified by a medical
practitioner employed in a Government hospital, with proof that the
detaining authority has no medical facilities to take care of his illness;
b. Extraordinary delay in the investigation, arraignment, and prosecution
for a period exceeding one year; or
c. Any other circumstance that the Judge may, in the particular facts of
the case, consider exceptional.
This provision applies to suspects who have not yet been charged to court as
it applies to arrest and detention. Thus, even when a suspect is detained for
a capital offence, only the High Court Judge has jurisdiction to grant the
suspect bail, and not the police or any other detaining authority. Apparently,
the above provision still reserves some discretion to the Judge to determine
when a circumstance not falling under the first two provisions is exceptional.
More so, the use of the word include in Section 161(2) above shows that
the list is not exhaustive, thus giving the Judge discretionary powers.
19

7.1.2
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
Bail in Misdemeanours and other Offences
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

of Lagos State, 2011.
20

The licence empowers the bondsperson to:
a.
b.
c.
d.
Undertake recognizance;
Act as surety;
Guarantee the deposit;
Arrest any person absconding or attempting to evade appearance.
The bondsperson must meet the following two conditions:

a. Must be a person or comprise persons of unquestionable character
and integrity;
b. Must deposit with the Chief Judge sufficient bank guarantee in such
amount as prescribed by the Chief Judge in a Regulation and as will
limit his recognizance.
7.3
Procedure for Bail Application
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
PRESENCE OF PARTIES AT THE TRIAL
8.1
Presence of the Defendant
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,
State, 2011; Section 153, Criminal Procedure Code
21

b) The offence is punishable by fine only, if the defendant pleads guilty in
writing or appears and so pleads by his legal practitioner.
Where the defendant fails to appear and no sufficient cause is given for his
absence, then if the court is not satisfied that the defendant was duly served
with the summons or that a warrant issued in the first instance was not
executed, the court may adjourn the hearing to another day until the service
is effected or warrant executed. On the other hand, if the court is satisfied
that the summons was duly served or that the defendant had notice of
hearing, the court may issue a bench warrant for his apprehension. Upon
arrest, the defendant shall be committed to prison or custody to be produced
for trial. 83
The above provision notwithstanding, the ACJA made a departure from the
provisions of the other kindred legislations. Section 352(4) provides thus:
Where the court in exercise of its discretion has granted bail
to the defendant and the defendant in disregard for court
orders, fails to surrender to the order of court or fails to
attend court without reasonable explanation, the court shall
continue with the trial in his absence and convict him unless
the court sees reasons otherwise, provided the proceedings in
the absence of the defendant shall take place after two
adjournments or as the court may deem fit. (Underlining mine)
The above provision allows the court to proceed with the trial and convict the
defendant if after two adjournments or as the court deems fit, the defendant
fails to surrender to the order of the court. Noteworthy, however, is the
position that the Court shall impose a sentence only when the defendant is
arrested or surrenders to the custody of the court. 84 Hence, while trial and
conviction may be in the absence of the defendant, sentence can only be in
the presence of the defendant.
8.2
Presence of the Complainant
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
State, 2011.
22

representative or for other sufficient reason, the court may adjourn hearing
of the complaint to some future date. 85
8.3
Presence of Counsel to the Defendant
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
Arraignment and Plea
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
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(3), (4) Administration of Criminal Justice Act, 2015
23

dwell so much on this. The same process of placing the defendant in the
dock unfettered, reading over and explaining the charge to the defendant to
the satisfaction of the court, and calling on the defendant to plead instantly
is provided for in the ACJA. 90 More so, the various options open to the
defendant on arraignment in other kindred legislations are also provided for
in the ACJA. 91
Noteworthy though is the position highlighted in previous sections of this
work that an objection to a defective charge can only be raised after the plea
has been taken and at any time before judgement. However, such objection
shall not be considered in isolation during the proceeding or trial, but shall
be considered with the substantive issues, and ruling on it made at the time
of delivery of judgement. 92 However, the pleas of autrefois acquit, autrefois
convict, or pardon, shall be taken at the time of the plea and the Court shall
determine it at that time. 93 More so, where the defendant pleads guilty to
offence not charged, the court shall direct the prosecution to amend the
charge or information accordingly to include the admitted offence, and a
fresh plea shall be taken on the amended charge or information. 94
9.2
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
356, Administration of Criminal Justice Act, 2015
Sections 273-278, Administration of Criminal Justice Act, 2015
See Sections 75-76, Administration of Criminal Justice (Repeal and
Reenactment) Law of Lagos State, 2011
Ibid
24

a) The victim or his representative must consent to the plea bargain
b) If the evidence of the prosecution is insufficient to prove the offence
charged beyond reasonable doubt;
c) Where the defendant has agreed to return the proceeds of the crime or
make restitution to the victim or his representative; or
d) Where the defendant in a case of conspiracy has fully cooperated with
the investigation and prosecution of the crime by providing relevant
information for the successful prosecution of other offenders.
Just like the ACJL, the Prosecutor under the ACJA offers or accepts a plea
bargain when such is in the interest of justice, in public interest, with regard
to public policy and the need to prevent abuse of the legal process. 99 The
agreement is in respect of:
a) The term of the plea bargain which may include the sentence
recommended within the appropriate range of punishment stipulated
for the offence;
b) Plea of guilty by the defendant to the offence or lesser offence; or
c) Appropriate sentence to be imposed by the Court if the defendant is
convicted of offence to which he intends to plead guilty. 100
The Prosecutor must consult the police officer responsible for the case and
the victim or his representative before the plea bargain. He must also have
due regard to the nature and circumstances relating to the offence, the
defendant, and public interest. Section 270 (5) of the ACJA lists 9 factors
which the Prosecutor must weigh to determine whether it is in the public
interest to enter into a plea bargain. The agreement must be in writing,
signed by the prosecutor, the defendant, the legal practitioner, and the
interpreter as the case may be, and a copy of it shall be forwarded to the
Attorney-General of the Federation. The agreement must contain:
a) Information of the defendant of his right to silence and consequences
of waving the right;
b) Full statement of the terms of the agreement and any admission made;
c) Information of the defendant that he is not obliged to make any
confession or admission that could be used in evidence against him;
and;
d) Inclusion of a compensation or restitution order. 101
After the agreement has been reached in which the presiding judge or
magistrate before whom the criminal proceedings did not participate, the
99
100
101

Section 270 (5) (7), Administration of Criminal Justice Act, 2015
25

prosecutor shall inform the court of the agreement. The court shall then
confirm the following from the defendant:
a) The correctness of the agreement;
b) Whether the defendant admits the allegations in the charge to which
he has pleaded guilty; and
c) Whether he entered into the agreement voluntarily and without undue
influence. 102
If the Court confirms the above and is satisfied that the defendant is guilty of
the offence to which he has pleaded guilty, the Court shall convict the
defendant on his plea of guilty, and shall award the compensation to the
victim in accordance with the term of the agreement. 103 It is in the aspect of
restitution to the victim that the ACJA makes very interesting provisions.
The presiding Judge or Magistrate is required to make an order that any
money, asset or property subject to forfeiture under the plea bargain be
transferred to and vest in the victim or his representative or any other
appropriate person. 104 It went on to place on the prosecutor the
responsibility of ensuring that the above is complied with, and makes it an
offence punishable with imprisonment of 7 years without an option of fine
for any person to wilfully and without just cause impede or obstruct such
transfer. 105
Where a Court convicts, the Court shall consider the agreed sentence, and
may impose that sentence if it deems the sentence appropriate, or impose
either a less or heavier sentence. 106 If the Court chooses to impose a heavier
sentence than that agreed, then the defendant has the right either to abide
by the plea of guilty in the agreement and agree to the heavier sentence, or
to withdraw from the plea agreement in which case the trial shall commence
de novo before another Judge or Magistrate. 107 Where the trial commences
de novo, the plea agreement or any admission made in it shall not be
admissible in evidence. 108
If the Court is of the opinion, however, that the defendant cannot be
convicted of the offence, or that the agreement is in conflict with the rights of
the defendant to make representations to the prosecutor, the Court shall
102
103
104
105
106
107
108
Section
Section
Section
Section
Section
Section
Section
270 (8), (9), Administration of Criminal Justice Act, 2015

270 (12), Administration of Criminal Justice Act, 2015
270 (13), (14), Administration of Criminal Justice Act, 2015
26

record a plea of not guilty in respect of such charge and order that the trial
proceed. 109
9.3
Procedure at the Hearing
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
Power to Take Depositions
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
Section 270 (10)(b), Administration of Criminal Justice Act, 2015

27

and the defendant. If the defendant is in custody and his presence is
required for the deposition, he shall be brought by the person in whose
custody he is, to the place where the statement is to be taken, under an
order in writing of the court. 112
This provision is laudable as it takes into consideration the limitations that
may arise when securing the attendance of an expert witness is
impracticable, or when a vital witness is critically ill.
9.3.2
Time for the Trial
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
JUDGMENT AND SENTENCING
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
Constitutional Implications of Section 396(7) of the ACJA
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

Provided that this subsection shall not prevent him from
assuming duty as a Justice of the Court of Appeal.
This provision touches on jurisdiction. It is entirely surprising while the
draftsman avoided the use of the word jurisdiction and substituted it with
the word dispensation while in the context of the above subsection,
jurisdiction is what is intended. Possibly, the draftsman did so in a bid to
avoid the issues that would supposedly have arisen if he had used the word
jurisdiction. Dispensation means an exemption from a law, duty, or
penalty; permission to do something that is ordinarily forbidden. 118 Perhaps,
the ACJA intends to vest in the Judge permission to do something that is
ordinarily forbidden. However, in the case of Ogbunyiya v Okudo, 119 the
Supreme Court, per Idigbe, JSC, held thus:
The rule is that in construing all written instruments the
grammatical and ordinary sense of the words should be
adhered to, unless that would lead to some absurdity or some
repugnancy or inconsistency with the rest of the instrument;
the instrument has to be construed according to its literal
import unless again there is something else in the context
which shows that such a course would derogate from the
exact meaning of the words. (Underlining mine)
The intent of this subsection is clear, namely, vesting on a Justice of the
Court of Appeal the authority to conclude a part-heard criminal matter
which was pending before him as a High Court Judge at the time he was
elevated. The authority which a court has to decide matters that are litigated
before it or to take cognizance of matters presented in a formal way for its
decision is nothing other than jurisdiction. 120 To this end, from the context
of this subsection, any construction of the word dispensation in its ordinary
meaning would derogate from the exact meaning the context conveys,
namely, jurisdiction.
Needless to say, this provision has wonderful intentions. Among other
things, it saves the time that would have been wasted if the trial should start
de novo before another High Court Judge. Again, it saves the defendant the
stress of being put through trial a second time. However, the issue is
whether this provision is constitutional, notwithstanding the provision of
any other law to the contrary.
118
119
120
Garner, Bryan (ed), Blacks Law Dictionary, 9th Edition, p. 539

(1979) 6-9 SC 24
Mobil v LASEPA [2003] 104 LRCN 240 AT 262, Per Ayoola, JSC
30

The circumstance envisaged by this subsection played out in the case of
Ogbunyiya v Okudo 121 where Nnaemeka-Agu, JSC who had two days after
being elevated to the Federal Court of Appeal delivered judgment in a case
pending before him as a Judge of the High Court of Anambra State before
his elevation. On appeal to the Supreme Court, the apex court held thus:
From the foregoing observations, we are satisfied that (1) it
was the intention of the Supreme Military Council as
expressed in Exhibit SC 1 that the appointment of NnaemekaAgu, J as a Judge of the Federal Court of Appeal should, and
did, take effect from the 15th June, 1977, and, (2) on that
date (15th June, 1977) he ceased to be a Judge of the High
Court of Anambra State, and (3) when, therefore, on the 17th
day of June, 1977, he gave the judgment now on appeal he
did so without jurisdiction.
The subsection presently under review has clearly jettisoned the position of
the Supreme Court in the case above by its use of the expression,
notwithstanding the provision of any other law to the contrary. Despite the
fact that it only vests on the now elevated Judge the jurisdiction over partheard matters pending before his elevation, it still follows that this
subsection vests on a Justice of the Court of Appeal jurisdiction in a matter
exclusively for the High Court. This is the constitutional implication.
Section 257(1) of the 1999 Constitution of the Federal Republic of
Nigeria (as amended) provides thus:
Subject to the provisions of Section 251 and any other
provisions of this Constitution and in addition to such other
jurisdiction as may be conferred upon it by law, the High
Court of the Federal Capital Territory, Abuja shall have
jurisdiction to determine any criminal proceedings
involving or relating to any penalty, forfeiture, punishment,
or other liability in respect of an offence committed by any
person.
Section 255 (2) of the Constitution provides thus:
The High Court of the Federal Capital Territory, Abuja shall
consist of
a) a Chief Judge of the High Court of the Federal Capital
Territory, Abuja; and
121
Supra
31

b) such number of Judges of the High Court as may be
prescribed by an Act of the National Assembly
Clearly, by virtue of the above provisions of the Constitution only a Judge or
Judges of the High Court can exercise such jurisdiction vested in the High
Court by virtue of Section 257 (1) of the Constitution. The original
jurisdiction of the Court of Appeal is as provided for in Section 239(1) of
the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Such original jurisdiction does not include the jurisdiction to determine
criminal proceedings which original jurisdiction is the exclusive preserve of
the High Court exercisable by the Court consisting of at least one Judge of
the High Court. The Court of Appeal consists of Justices of the Court of
Appeal who cannot function as both Justices of the Court of Appeal and
Judges of the High Court. More so, unlike the provision as regards the
Supreme Court, 122 the Constitution does not make provisions for the Court
of Appeal to have such other additional original jurisdiction conferred upon
it by an Act of the National Assembly. Suffice it to say, though, that even in
making provisions for additional original jurisdiction to be conferred on the
Supreme Court, the Constitution clearly excludes criminal matters from
such. 123
It is submitted here, therefore, that upon elevation, a Judge of the High
Court ceases to be a Judge of the High Court. To this end, that Judge
whenever he sits can only sit as a Justice of the Court of Appeal. The
decision in Ogbunyiya v Okudo is still good law in the Nigerian legal
system, as it traces its basis to the Constitution.
Section 396(7) of the ACJA, it is submitted, is inconsistent with the clear
provisions of the Constitution which vests jurisdiction to determine criminal
proceedings on the High Court consisting of at least one Judge of the High
Court, and not one Justice of the Court of Appeal. It is immaterial how
elegant the provision is; to the extent of its inconsistency with the
Constitution, it stands as a nullity. 124 It is only a matter of time before a
Court of competent jurisdiction declares it null and void and strikes it out
using the blue pencil rule.
10.2 Sentencing
Sentencing in the ACJA as in other legislations follows after a finding of
guilt. However, after the finding of guilt, the convict shall be given an
opportunity to make any statement or produce any necessary evidence or
122
123
124
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

information in mitigation of punishment. 125 After compliance with this
procedure, the court may pass sentence on the convict or adjourn to
consider and determine the sentence and shall then announce the sentence
in open court. 126 Such adjournment may include an order that the convict
be detained within the precincts of the court or at a police station till such
hour not later than eight in the evening on the day on which the convict is
convicted. 127
The ACJA made laudable reforms in the area of sentencing. The Act clearly
enumerated factors that must be considered by the Court in sentencing a
convict. These factors can be gleaned from a community reading of Sections
311(2), 401(2), and 416(2) of the ACJA. They include prevention, restraint,
rehabilitation, deterrence, interest of the victim, convict and community,
public education, retribution, restitution, the convicts antecedents, the
period spent in prison custody awaiting or undergoing trial, etc.
The forms of punishment covered by the ACJA include death, 128
imprisonment, 129 fines and compensation, 130 deportation, 131 probation, 132
community service, 133 and confinement in rehabilitation and correctional
centres. 134
In making provisions for the death sentence, the ACJA differed from other
kindred legislations in providing for the use of the lethal injection. 135 The
sentence of death in the ACJA has this form: 136
The sentence of the court upon you is that you be hanged by the
neck until you are dead or by lethal injection.
In sentencing to imprisonment, the ACJA provides that a defendant may not
be given consecutive sentences for two or more offences committed in the
same transaction. 137 This provision is laudable as it is more restorative than
retributive. As regards consecutive sentencing by the Magistrates Court, the
ACJA provides that where two or more sentences passed by a Magistrate
Court are ordered to run consecutively, the aggregate term of imprisonment
125
126
127
128
129
130
131
132
133
134
135
136
137

Section 416(2)(i), Administration of Criminal Justice Act, 2015
33

shall not exceed four years of the limit of jurisdiction of the adjudicating
Magistrate. 138
10.2.1
Sentencing in the Cases of Pregnancy and Child Offenders
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

Section 368 (2), Criminal Procedure Act, CAP C41, LFN 2004
Sections 270 and 271(3), Criminal Procedure Code
Section 302 (2), Administration of Criminal Justice (Repeal and Reenactment)
Law of Lagos State, 2011
34

As if the provision sentencing a pregnant woman to death were not enough
retribution, Section 405 of the ACJA makes this provision as regards a
child offender:
Where a convict who in the opinion of the court had not
attained the age of eighteen years at the time the offence was
committed is found guilty of a capital offence, sentence of
death shall not be pronounced or recorded but in lieu of it,
the court shall sentence the child to life imprisonment or to
such other term as the court may deem appropriate in
consideration of the principles in section 401 of this Act.
Again, the CPA, 142 the ACJL, 143 and the CPC 144 took a softer position,
namely, detaining the convict until the pleasure of the governor is known.
Imprisonment is harsh even from the sound of the word. Life imprisonment
is retributive for a convict who at the time he committed the offence had not
attained maturity. More so, noteworthy is the fact that one of the principles
which the court should consider should it decide to sentence the child
offender to another term of imprisonment other than life imprisonment is
retribution, that is, the objective of giving the convict the punishment he
deserves, and giving the society and the victim revenge. 145
When a child offender is found guilty of a capital offence, measures should
be taken to ascertain the psychological disposition of that child at the time
he committed the offence and possible correctional measures to reform the
child. The ACJA makes provision for the establishment of a Rehabilitation
and Correctional Centre. 146 Surprisingly, though, as regards a child
offender, the ACJA only provides that a court may make an order directing
that a child standing criminal trial be remanded at a Rehabilitation and
Correction Centre. 147 Thus, a child offender standing trial for a capital
offence will be remanded in the Centre during trial, but when convicted and
sentenced, the child will be imprisoned. This is because the Centre is only
for defendants convicted of an offence triable summarily. 148 It would have
been more restorative if the provision had been that a child offender found
guilty of a capital offence be sentenced and ordered to serve at the
Rehabilitation and Correctional Centre until the pleasure of the President is
known. This, it is submitted, will pacify the victims of the childs offence, as
142
143
144
145
146
147
148
Section 368(3) Criminal Procedure Act, CAP C41, LFN 2004

Section 302(3) Administration of Criminal Justice (Repeal and Reenactment)
Law of Lagos State, 2011
Section 272(1) Criminal Procedure Code
Section 401(2)(f), Administration of Criminal Justice Act, 2015
35

well as rehabilitate, reintegrate, and restore the child to the society as a
responsible individual.
11
THE ACJA, RETRIBUTIVE JUSTICE, AND RESTORATIVE JUSTICE
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

arising from the offence. 152 Finally, the arrangements for community service
provided for in Sections 460-466 of the ACJA aim at reintegrating and
restoring the offender. At this rate, thus, it may be safe to assert that
restorative justice is the underlying principle of the ACJA.
However, there are reservations to the assertion that restorative justice is
the principle underlying the provisions of the ACJA. This is given the
arguments against the ACJAs provisions for sentencing in the cases of
pregnant women and child offenders convicted of capital offences. As has
been shown in the preceding section of this work, these provisions are more
retributive than restorative. To risk repetition for emphasis, Section
401(1)(f) of the ACJA lists retribution as one of the objectives the court shall
have the mind in determining a sentence.
Therefore, it is submitted that the ACJA is a hybrid of both retributive
justice and restorative justice. The provisions of the ACJA fuse the values of
the two principles, namely, vengeance to the victim and the state, just
deserts, reconciliation, restitution, rehabilitation, and restoration. It is
recommended here that the retributive provisions of the ACJA be expunged
to make the ACJA a legislation wherein restorative justice is the only
underlying principle.
12.
CONCLUSION
This work has attempted a review of the provisions of the Administration of

Criminal Justice Act, 2015. In many instances, it has shown innovations
introduced by the legislation to make for speedy disposal of criminal cases
and better protection of the rights of citizens who may be affected by the
criminal justice procedure. This work has also pointed out various
similarities and differences that exist between the ACJA, and the other
kindred legislations, namely, the CPA, the CPC, and the ACJL. This
appraisal has also exposed some downsides of the ACJA, especially in the
statutory flavor it has given the holding-charge practice, the
unconstitutional nature of Section 396(7) of the ACJA, and the retributive
provisions it has made. It is safe to assert at this point that the provisions of
the ACJA to a very reasonable extent aim at achieving the purpose of the
Act.
Therefore, it is hoped on the one hand that this work would aid Houses of
Assembly of states in Nigeria to see the strengths of the ACJA and enact
their own laws with the ACJA as a model, adopting its strengths and
rejecting its weaknesses. This will unify the administration of criminal
justice in Nigeria. On the other hand, the National Assembly should see the
152
37

need to make necessary amendments to the ACJA considering the various
criticisms discussed in this work and improving on them. These
amendments are necessary to accomplish the desired intent of the ACJA,
namely, to ensure that the system of administration of criminal justice in
Nigeria promotes efficient management of criminal justice institutions,
speedy dispensation of justice, protection of the society from crime and
protection of the rights and interests of the suspect, the defendant, and the
victim.
Abajuo, Reason Emma, 2015.

38

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AN APPRAISAL OF THE ADMINISTRATION OF CRIMINAL

JUSTICE ACT, 2015.

Structure and Application

CAP C41, LFN 2004

An Appraisal of the Administration of Criminal Justice Act, 2015.

Section 2(2), Administration of Criminal Justice Act, 2015.

An Appraisal of the Administration of Criminal Justice Act, 2015.

The ACJA establishes the Administration of Criminal Justice Monitoring

CAP C41, LFN 2004

An Appraisal of the Administration of Criminal Justice Act, 2015.

An Appraisal of the Administration of Criminal Justice Act, 2015.

3.1.1 Searches of Persons

Section 9, Administration of Criminal Justice Act, 2015; See also Section 6,

An Appraisal of the Administration of Criminal Justice Act, 2015.

An Appraisal of the Administration of Criminal Justice Act, 2015.

Arrest with Warrant

Section 122, Administration of Criminal Justice Act, 2015.

An Appraisal of the Administration of Criminal Justice Act, 2015.

Arrest without Warrant

The ACJA made elaborate provisions for the protection of constitutional

An Appraisal of the Administration of Criminal Justice Act, 2015.

Section 7, Administration of Criminal Justice Act, 2015; See also Section 4,

An Appraisal of the Administration of Criminal Justice Act, 2015.

Applications for Remand (Holding Charge)

Section 294, Administration of Criminal Justice Act, 2015

An Appraisal of the Administration of Criminal Justice Act, 2015.

STATEMENTS AND BAIL PENDING INVESTIGATION

Procedure for Obtaining Statements under the ACJA

Bail Pending Investigation

By virtue of the ACJA, where a suspect is arrested without a warrant for an

Section 17(2), Administration of Criminal Justice Act, 2015

An Appraisal of the Administration of Criminal Justice Act, 2015.

Section 19, Administration of Criminal Justice (Repeal and Reenactment) Law

An Appraisal of the Administration of Criminal Justice Act, 2015.

INSTITUTION OF CRIMINAL PROCEEDINGS UNDER THE ACJA

Persons Authorised to Institute

Powers of the Attorney-General of the Federation under the

Section 104(1) of the ACJA provides that the Attorney-General of the

CAP P19, LFN 2004

An Appraisal of the Administration of Criminal Justice Act, 2015.

Powers of a Private Legal Practitioner to Institute and

Modes of Instituting Criminal Proceedings under the ACJA

104(2), Administration of Criminal Justice Act, 2015

An Appraisal of the Administration of Criminal Justice Act, 2015.

Form and Contents of a Charge Sheet 72

Section 379 (1), Administration of Criminal Justice Act, 2015

An Appraisal of the Administration of Criminal Justice Act, 2015.

An Appraisal of the Administration of Criminal Justice Act, 2015.

Objection to a Defective Charge

The ACJA seems to present two conflicting provisions on the issues of

An Appraisal of the Administration of Criminal Justice Act, 2015.

Alteration or Amendment of Charge

Section 167, Criminal Procedure Act, CAP C41, LFN 2004

An Appraisal of the Administration of Criminal Justice Act, 2015.

BAIL PENDING TRIAL

Factors to be Considered in Granting Bail

Section 158 of the ACJA provides that a defendant or a suspect shall be

Bail in Capital Offences

Section 161 of the ACJA provides that a suspect arrested, detained, or

An Appraisal of the Administration of Criminal Justice Act, 2015.

Bail in Misdemeanours and other Offences

Section 138, Administration of Criminal Justice (Repeal and Reenactment) Law

An Appraisal of the Administration of Criminal Justice Act, 2015.