Stakeholders seek new justice system in Nigeria

Emeka Ibemere

Key stakeholders in the Nigerian justice sector have advocated the building of new structures and capacity nationwide to ensure effective implementation of the Administration of Criminal Justice Act 2015 (ACJA), and the Violence Against Persons Prohibition Act 2015 (VAPPA).

This was reached at a two-day workshop organized by the United Nations Office on Drugs and Crime (UNODC) in collaboration with the Nigeria Institute for Advanced Legal Studies (NIALS), under the framework of the European Union funded project to support justice sector in Nigeria.

It was to train officers in charge of the legal section in all Police Commands in Nigeria, as well as divisional police officers from FCT, and lawyers on the implementation of the ACJA and VAPPA in their commands and divisions.

According to them, this becomes necessary following the continued use of obsolete and outdated laws that infringes on the criminal justice system in Nigeria by the justice stakeholders.

Last week in Abuja, the Chief Judge of the Federal Capital Territory (FCT), Justice Ishaq Bello, while declaring the workshop open for Nigeria Police on the Effective Implementation of Administration of Criminal Justice Act 2015 (ACJA) and the Violence Against Persons Prohibition Act 2015 (VAPPA), described as obsolete and outdated the laws underpinning the criminal justice system in Nigeria.

Bello explained that the Nigeria police should not take the blame for failure in prosecutions because the judicial system and criminal procedures they are working on are of colonial era.

According to him, the passage of the two Acts stands out as a step forward in reforming of the Criminal Justice System, adding that the need for reform is obviously informed by the fact that hitherto, Nigeria’s laws underpinning the criminal justice system are quite outdated.

“The Criminal and Penal Codes are both colonial legislation as are the Criminal Procedure Act, Criminal Procedure Code and the Evidence Act. The Police Act was re-enacted as a military decree in 1967,” he stated.

Justice Bello speak disparagingly of the laws said that the outdated legislations are disconnected from the standards established by Nigeria’s 1999 Constitution and Nigeria’s international obligations under both African Charter on Human and People’s Rights and the Convention on Torture.

He pointed out that the new Acts if properly implemented will foster reforms and facilitates newer and better ways of processing criminal trials in the country. Honourable Justice Bello also noted the there is need to establish a monitoring committee that would oversee the implementation of the ACJA and VAPPA.

He said the passage of the Acts “stands out as a resounding leap forward for the reform of Nigeria’s criminal justice system, as it would foster reform and facilitate newer, better ways of processing criminal trials.”

The Inspector General of Police (IGP), Solomon Arase, said the Police are aware of the changes the passage of the current acts would have in the entire administration of criminal justice sector in the country.

He urged lawyers and Divisional Police Officers of FCT and from the 36 states to take the workshop seriously and understand the changes in the Criminal Procedure Act and Criminal Procedure Code with a view to transfer the knowledge to others.

Arase observed that hence it’s a procedural law; it immediately becomes applicable in FCT courts and all Federal Courts throughout the country. “As you go back to your respective states and zonal commands, you have to be on alert as to when the Acts becomes applicable in state courts.”

In his address, Inspector General of Police, Mr. Solomon Arase, said the passage of the new laws places has enormous responsibility on the Police and that the training program would help officers to understand changes that have occurred in the Criminal Procedure Act and the Criminal Procedure Code and to act appropriately in carrying out their duties.

He thanked the European Union and UNODC for supporting this and other training programs aimed at developing the capacity of officers of the Nigeria Police.

He described UNODC as “a friend indeed that has been involved in all-round training and development of the personnel of the Nigeria Police Force.”

The ACJA and VAPPA are very important legal instruments that, if properly implemented, have the potential to “advance professionalism and efficiency in the trial of criminal cases, reduce congestion in Nigerian prisons as a result of speedy dispensation of justice, and enhance respect for human rights,” said Mr. Arase.

The UNODC Representative, Mr. KoliKouame, who was represented at the workshop by Mr. Polleak Ok Serei, Acting Coordinator of the “Support to the Justice Sector in Nigeria” project at UNODC, said, “Setting up the structures and capacity needed for effective implementation of the two laws will contribute to the achievement of the Government’s vision on justice reforms.”

“UNODC realized the importance of these laws to effectively reform the Nigerian justice sector and therefore supported some advocacy activities to ensure that the laws were passed within the lifetime of the last legislative circle,” said Mr. Kouame. “UNODC will continue to support initiatives of the Nigerian Government that fall within its mandate,” he added.

Support to the Justice Sector in Nigeria is a 42-month project funded by the European Union with €25 million and implemented by UNODC to improve the effectiveness, accessibility, accountability, transparency, and fairness of the justice system in Nigeria. It supports key initiatives of the Federal Ministry of Justice to drive a coordinated, unified and integrated reform across the justice sector.