Plea bargaining and the administration of criminal justice in nigeria. Plea bargaining and the administration of criminal justice in. Service level agreement sls international court of justice. The administration of criminal justice act, 2015 acja the. Feb 12, 2017 find below the link to download the 2015 administration of criminal justice act acja. Criminal justice terrorist offences amendment act 2015. Section 270 section 277 of the acja laid down clear parameters for the application of plea bargain in nigeria. Considering the journey thus far in the criminal justice system cjs in nigeria which culminated in the enactment of the administration of criminal justice act acja, 2015, it has become. C41 lfn 2004, criminal procedure northern states act cap. The irregularities in the legal framework for the invoking, interpreting and applying plea bargaining in nigeria before the enactment of administration of criminal justice act 2015 are examined.
The purpose of the acja 2015 is to ensure that the system of administration of criminal justice in nigeria is efficient in the management of. On may 25th 2015 the immediate past president of nigeria, goodluck ebele jonathan recorded a milestone when he signed into law the violence against persons prohibition act, 2015. The act provides for the administration of criminal justice system which promotes efficient management of the criminal justice institutions, speedy dispensation of justice, protection of the society from crimes and the protection of the rights and interest of the suspect, the defendants and victims in nigeria. This has brought to a successful conclusion the 14yearlong social and legislative advocacy championed by womens. The administration of criminal justice act acja, passed in 2015, prohibits torture and cruel, inhuman, or degrading treatment of arrestees. Part 1 general provisions chapter 1 definition of offence.
It is an outcome of the fusion of the cpc and the cpa and subsequently repealing the cpa cap. Protocol i would like to thank the nigerian bar association for the honour and rare privilege to be called. Criminal code act chapter 77 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition 1. The administration of criminal justice act, 2015 acja is unmistakably the hottest law in nigeria presently and it is without doubt due to its wide applicability and revolutionary nature. Find below the link to download the 2015 administration of criminal justice act acja. The interests of accused persons not yet convicted was. Analyzing the provision for plea bargaining under the administration of criminal justice act, 2015 and its likely impact on the trial of corruption and other cases a paper presented by christopher olayiwola ogundare, esq. Stm tion the criminal justice administration act arrangement of sectlons 1. Prior to the promulgation of the acja 2015, nigerian states were governed by two principal legislations traceable to the british colonial administration, namely the criminal procedure act, cpa. Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified.
Lagos state first introduced the administration of criminal justice law, 2007 and the law was reenacted in 2011 acjl to govern criminal proceedings in lagos state. This act may be cited as the criminal justice adminis short title. Download administration of criminal justice act acja 2015. General provisions chapter 1 definition of offence, purpose, guiding principles and scope of application 1. The act is a suitable model in nigeria having regard to the peculiarities of our circumstances. For nigeria and nigerians to be able to enjoy the lofty provisions of the administration of criminal justice act acja 2015 vis a vis the nigeria constitution, the nigerian government needs to be seen to be fully committed to improving the nigeria criminal justice system by providing all that is needed to make the acja 2015 work. This work appraises the extent to which the provisions of the administration of criminal justice act, 2015 achieves the broad purpose of promoting efficient management of criminal justice institutions, speedy dispensation of justice, and the protection of the rights and interests of all actors in the nigerian criminal justice system. It also provides a basis for victims of torture to seek civil damages. Administrative law wikipedia, the free encyclopedia. If implemented, the act will redeem the criminal justice from the tiny grip of rich and powerful criminal. Samuel idhiarhi the administration of criminal justice act, 2015 hereinafter simply the acja was signed into law on may 14, 2015. Administration of criminal justice act, 2015 explanatory memorandum this act provides for the administration of criminal justice system which promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crimes and protection of the rights and interest of the suspect, the.
Compliance to the administration of criminal justice act. Abstract this thesis examines the problems and prospects of administration of criminal justice and in particular the difficulties of applying and realising the purposes of administration of criminal justice act 2015. Critique of administration of criminal justice act acja 2015. In a wellconsidered leading judgment, rhodesvivour, jsc stated. In addition to highlighting the jurisprudential basis for use of the new measures in criminal justice, we shall also highlight and consider suitable approaches for unlocking the potential of these concepts and practices in the criminal justice system.
An overview of the administration of criminal justice law of. Analyzing the provision for plea bargaining under the administration of criminal justice act, 2015 and its likely impact on the trial of corruption and other cases by christopher olayiwola ogundare, esq. The administration of criminal justice act acja 2015 is, to my mind, an excellent piece of legislation which has been long overdue in coming. We will shed light on the ways in whichthe act seeks to revamp the powerful role of the. Criminal code act laws subsidiary legislation laws arrangement of sections the original numbering of sections has been retained in order not to disturb the crossreferences to those sections in other enactments which are many and will be found throughout the whole edition. Apr 07, 2014 an act to make special provisions in relation to the mode of trial and punishment of certain offences, and for related purposes. Administration of justice criminal act federal ministry of. This law brought radical changes into the administration of criminal justice in lagos state with several provisions aimed at improving the administration of criminal justice in the state.
Administration of criminal justice act clause arrangement of clauses part 1 preliminary 1 purpose of this act. An appraisal of the administration of criminal justice act, 2015. Nigeria 2018 human rights report executive summary nigeria is a federal republic composed of 36 states and the federal capital territory fct. Administration of justice criminal act federal ministry. The administration of criminal justice act acja, passed in 2015, prohibits torture and cruel, inhuman, or. The administration of criminal justice act, 2015 2. The administration of criminal justice act, 2015 acja. Application of the act the administration of criminal justice act is divided into 48 parts with 495 sections. Criminal law laid before parliament by the lord high chancellor pursuant to section 32 of the law commissions act 1965 ordered by the house of commons to be printed 7 februa y 1995 london. The act provides for the administration of criminal justice system which promotes efficient management of the criminal justice institutions, speedy dispensation of justice, protection of the society from crimes and the protection of the rights and interest of the suspect, the defendants and victims in.
Implications for criminal procedure include the police act. An overview of the administration of criminal justice law. The enactment of this act is an important landmark in nigerias criminal justice reform process. As to indictments to be preferred at the circuit courts. An appraisal of the administration of criminal justice act. You have chosen to open the whole act as a pdf the whole act you have selected. Problems in the administration of criminal justice in nigeria. The current legal framework on plea bargain in nigeria by. Nigeria with respect to the several matters therein dealt with.
If implemented, the act will redeem the criminal justice from the tiny grip of rich. Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. An act to give effect to council framework decision 2008919jha of 28 november 2008 amending framework decision 2002475jha on combating terrorism 1. These declarations should guide the resilience and doggedness of the new inspector general of police, mr onovo in aiding the administration of. The administration of criminal justice act acja 2015. Criminal justice administration act ministry of justice. Assessing the administration of criminal justice in nigeria. The act which was signed into law in may 2015, has a 495section law divided into 49 parts.
Some of the innovative provisions in the acja include the. Nov 24, 2015 the administration of criminal justice act acja 2015 is, to my mind, an excellent piece of legislation which has been long overdue in coming. Part 2 arrest, bail and preventive justice 3 arrest generally. Mr onovo in aiding the administration of criminal justice in nigeria. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. An overview of the administration of criminal justice act, 2015 by professor yemi akinseyegeorge, san 1. Component of nigeria criminal justice system police the police department is the largest and most complex company of nigeria criminal justice system, with officers at the lower level expressing immense authority over citizens. The administration of criminal justice act, 2015 2opinion. In 2015 citizens elected president muhammadu buhari of the all. Plea bargaining and the administration of criminal justice. Download administration of criminal justice act acja.
A moral critique sule peter echewija department of philosophy, federal university lafia, nigeria abstract the idea of justice normatively reflects justitia in the roman worldview. Director of public prosecutions may dircct persons bound over for. The administration of criminal justice act, 2015 ii. Time to reform nigerias criminal justice system tosin osasona1 abstract this paper examines the performance of nigerias criminal justice system, using quantitative and qualitative indicators. An effective criminal justice system is one of the key pillars upon which the concept of the rule. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. Practice and procedure of plea bargain under acj act punch. Assessing the administration of criminal justice in. The law comes in handy for both lawyers and nonlawyers. Practice and procedure of plea bargain under acj act. Directions to be observed in preferring indictinents. A criminal act usually becomes known to the police in one of the three ways. The euphoria that accompanied the passage of the administration of criminal justice act 2015 acja 2015 should therefore be understood from these perspectives. Challenges of delay of criminal trials and negative public perception.
No doubt, the ajca is a timely intervention in the criminal justice sector in nigeria. Before the introduction of the administration of criminal justice act acja, nigerias formal compliance to human rights issues was low. An act to make special provisions in relation to the mode of trial and punishment of certain offences, and for related purposes. The administration of criminal justice act, 2015 hereinafter simply the acja was signed into law on may 14, 2015. There are no contradictions between effective law administration and respect for human rights one is with a consequential effect on the other and all efforts must be made to avoid the bad consequences. Criminal justice is the delivery of justice to those who have committed crimes. Thus, the acj act, 2015 repealed the cpa, cpc and the administration of criminal justice act3.
The administration of criminal justice act is divided into 48 parts with 495 sections. Analyzing plea bargaining for corruption cases under the. You have signed your death warrant torture and other ill treatment in the special antirobbery squad amnesty international 4 glossary acja administration of criminal justice act cru complaints response unit igp inspector general of police ipo investigative police officer nhrc national human rights commission. Download administration of criminal justice law of lagos. The main purpose of administration of criminal justice act acja 2015 is to improve the criminal justice system in nigeria.
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