An overview of the Administration of Criminal Justice

Act, 2015
By
Professor Yemi Akinseye-George, SAN

1.0. Application of the Act

The Administration of Criminal Justice Act is divided into 48 parts with
495 sections. It merges the two principal legislations i.e. the Criminal
Procedure Act (CPA)1 and the Criminal Procedure Code (CPC)2. Thus, the
ACJ Act, 2015 repealed the CPA, CPC and the Administration of Criminal
Justice Act3. Substantially, the provisions of the Act preserved the existing
criminal procedure systems. But it introduces innovative provisions that
could enhance the efficiency of the justice system. It is important to note
that unlike the CPA and the CPC, the ACJ the Act adopts a more
acceptable trend used in the Evidence Act, 2011, where persons standing
trial for criminal offences are not described as “accused persons”, but as
“defendants”.
The provisions of the Act apply to criminal trials for any offences
established by an Act of the National Assembly and other offences
punishable in the Federal Capital Territory, Abuja, however it does not
apply to a Court Martial as stated in section 2(2) of the Act.

2.0. Objectives of the Act

The objective of the Act is captured in section 1 which read 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”.

The purpose of the Act as captured above is a deliberate shift from

punishment as the main goal of our criminal justice to restorative justice

1
CAP C41, LFN 2004
2
CAP C42, LFN 2004
3
CAP A3, LFN 2004
 which pays attention to the needs of the society, the victims, vulnerable
persons and the rights and interest of a defendant.

3.0. Unlawful Arrests and Constitutional Rights of a suspect

Unlawful arrest is one of the major problems of our criminal process. It is
one of the reasons why police stations and prisons are overcrowded.
Arrests are sometimes made on allegation that are purely civil in nature or
on a frivolous ground. By section 10(1) of the CPA, the police could arrest
without a warrant, any person who has no ostensible means of sustenance
and who cannot give a satisfactory account of himself. This particular
provision has been greatly abused by the police who use it as a ground to
arrest people indiscriminately. The ACJ Act has deleted this provision.
There were several instances where the police arrested relations or friends
or close associate of a crime suspect to compel the suspect to give himself
up even though that person was not linked in any way to the crime alleged
against the suspect. Section 7 of the ACJ Act specifically prohibits arrest in
lieu.
The ACJ Act also made elaborate provision for the protection of the
constitutional rights of an arrested person. For instance, Section 6 of the
Act provides that a suspect shall be informed of the reason for the arrest.
The Act places a duty on the police officer to notify the suspect of his right
to remain silent or avoid answering any 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.
The provision of the section has a proviso which mandates the authority
having custody of the suspect to notify the next of kin or relative of the
suspect of the arrest at no cost to the suspect.
Moreso, the Act states that a suspect shall be brought to court within a
reasonable time or released on bail whether conditionally or
unconditionally. This provision will go a long to curbing unnecessary
detention. Another brilliant provision is that of humane treatment of the
arrested person. This section reiterates the right of the arrested person to
dignity of his person which conforms to Section 34 of the 1999
Constitution of the Federal Republic of Nigeria (as amended)4.
Furthermore, the ACJ Act clearly provides that a suspect shall not be
arrested merely on a civil wrong or breach of contract5, thus preventing a

4
See section 8 of the Administration of Criminal Justice Act, 2015
5
See section 8(2) of the Administration of Criminal Act, 2015
 situation whereby complainants uses law enforcement agencies as a tool to
recover debts or enforce contractual agreements.

4.0. Establishment of the Administration of Criminal Justice Monitoring

Committee
The Act establishes the Administration of Criminal Justice Monitoring
Committee (the Committee) in section 469(1). The body is charged with the
responsibility of ensuring effective application of the Act. It comprises of
nine members with representatives drawn from the Judiciary, Federal
Ministry of Justice, Police, Prisons, Legal Aid, Nigeria Bar Association,
civil society organization and National Human Rights Commission with
the Chief Judge of the Federal Capital Territory as the Chairman and a
Secretary appointed by the Attorney-General of Federation. 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.

5.0. Mandatory Inventory of Property

In order to encourage accountability and transparency, the Act introduced
in section 10, a provision which mandates a law enforcement officer to take
inventory of all items or properties recovered from a suspect. The
inventory must be signed by the police officer and the suspect. However,
where the suspect refuses to sign, it will not invalidate the inventory. A
copy of the inventory shall be given to the suspect, his legal practitioner, or
such other person as he may direct.
This section further provides that where the suspect is not charged but is
released on the ground that there is no sufficient reason to charge him, any
property taken from him shall be returned to him, provided the property is
neither connected to nor a proceed of crime.

It is interesting to note that the ACJ Act makes provision for the procedure
on seizure of property during arrest or investigation6.

6.0. Recording of Arrest and confessional statement

6
See section 337 of the Administration of Criminal Justice Act, 2015
 The Act makes provisions for mandatory record of personal data of an
arrested person in section 15. Subsection 2 further provides that the
process of recording arrest shall be concluded within a reasonable time,
not exceeding forty-eight hours. Section 15(4) of the Act provides that
where a suspect volunteers to make a confessional statement, the
confessional statement shall be in writing or may be electronically
recorded on a retrievable video compact disc or such other audio visual
means. However, an oral confession of an arrested suspect may also be
admissible in evidence. Section 17 of the Act re-enacts the existing
constitutional provision on recording of statement of the suspect in the
presence of his legal practitioner or any person of his choice.

7.0. Establishment of a Police Central Criminal Registry

Section 16 of the Act makes provision for the establishment, within Nigeria
Police, a Central Criminal Record Registry of all arrest made by the police.
The registry is to be located at the Police Headquarters and at every state
police command. The Act further states that every state including the
Federal Capital Territory is to ensure that the decisions of the court in all
criminal trials are transmitted to the Central Criminal Records Registry
within thirty-days after delivery of judgment.

The establishment of Central Criminal Record Registry will ensure that all
arrests and judgments are well documented. This is intended to avoid a
repeat of what happened in the case of Agbi v. Ibori7. The central figure in
this case was Chief James Onanefe Ibori, the then Governor of Delta State.
At the time of commencement of this action at the High Court of the
Federal Capital Territory, Abuja he was a candidate for the 2003 General
Elections. In an action before the said High Court two persons suing as
Plaintiffs began a joint action to challenge Ibori’s qualification to stand as a
gubernatorial candidate for the 2003 election having been an ex-convict.
The action did not succeed before the High Court. However on appeal to
the Court of Appeal, the Court in a unanimous judgment allowed the
appeal of the Plaintiffs, set aside the judgment of the High Court and
ordered that the case be heard afresh by another Judge of the High Court.
7
(2004) All FWLR (PT. 202) 1799
 The proceedings commenced at the High Court of the Federal Capital
Territory and one of the main issues was whether the record of
proceedings of Bwari Upper Area Court in case N0. CK 81-95 (Exhibit A)
wherein one James Onanfe Ibori was convicted was sufficient to act
against the 5th Defendant/Appellant (James Onanfe Ibori) as an ex-convict.
During the trial the Upper Area Court Judge came to court and testified
that James Onanfe Ibori was an ex-convict. James Onanfe Ibori on the other
hand, contented that Exhibit A did not conform to section 157 (1) of the
Criminal Procedure Code. The court gave judgment in favour of James
Onanfe Ibori and the matter was dismissed.

With the new provision in the ACJ Act, cases like this would no longer
pose a major problem as there would be sufficient information on all
convicted persons which should make it easy to identify them in
subsequent proceedings.

8.0. Quarterly Report of arrests to the Attorney-General of the Federation

This Act mandates the Inspector-General Police and heads of every agency
authorised by law to make arrest to remit quarterly to the Attorney-
General of the Federation a record of all arrests made in relation to federal
offences or arrests within Nigeria8. The Commissioner of Police of a State
is also mandated to remit to the office of the Attorney-General of that State
a similar record of all arrests in relation to state offences or arrests within
the state. Such record is to contain the full particulars of the person
arrested which must include the following: the alleged offence, date of
arrest, full name, occupation, address and others means of identification
which should include the height, photograph and finger print of the
suspect. Section 29(5) empowers the Attorney-General of the Federation to
establish an electronic and manual database of all records of arrested
persons at the Federal and State level.

8
Section 15 of the Administration of Criminal Justice Act, 2015
9.0. Monthly report by Police to supervising magistrate
Section 33 of the Act directs the police to remit report on the last working
day of every month to the nearest magistrate the cases of all suspect
arrested with or without warrant within the limit of their respective
stations or agency whether the suspect has been admitted to bail or not.
Upon receipt, the magistrate is to forward the report to the Administration
of Criminal Justice Monitoring Committee. The Committee shall analyse
the report and advice the Attorney-General of the Federation as to the
trends of arrests, bail and related matters. The Attorney-General of the
Federation upon request shall also make the report available to the
National Human Rights Commission, Legal Aid Council of Nigeria or
NGOs.
Section 34 of the Act provides that the Chief Magistrate or any magistrate
designated by the Chief Judge for that purpose to conduct an inspection of
police stations and other places of detention every month. During the visit,
the magistrate may:
(a) call for and inspect the record of arrests;
(b) direct the arraignment of a suspect, or
(c) where bail has been refused, grant bail to any suspect where
appropriate.
Where there is a default by an officer in charge of a police station or official
in charge of an agency it shall be treated as misconduct and dealt with in
accordance with the relevant regulation or law.

10.0. Returns by Comptroller-General of Prisons

By section 111 of the Act the Comptroller-General of Prisons is to make
returns every ninety days to the Attorney-General of the Federation, Chief
Judge of the Federal Capital Territory and the President of the National
Industrial Court as well as the Chief Judge of the State in which the prison
is located of all persons awaiting trial held in custody for a period beyond
one hundred and eighty days from the date of arraignment.
Upon the receipt of such return, the recipient shall take the necessary steps
to address the issues raised in the return in furtherance of the objectives of
the Act.

11.0. Prosecution
 Section 106 of the Act specifically limits the power to prosecute criminal
cases to the following persons.
These include:
(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 or;
(c) a legal practitioner authorised to prosecute by this Act or any other
Act of the National Assembly.
This provision overrides the provision of Section 23 of the Police Act,
which empowered the police to prosecute cases in any court in Nigeria. By
implication the decision of the Supreme Court in the case of Osahon v
Federal Republic of Nigeria69 with respect is no longer a good law.

12.0. Mode of instituting criminal proceedings

Essentially the provision of the Act in respect of modes of instituting
criminal proceedings is a hybrid of what was obtainable under the CPA
and CPC. Section 109 of the Act unified the existing procedures. The
specific mode to be adopted depends on the court where the defendant is
arraigned and the prosecuting agency involved, thus:
(a) In a magistrate court, criminal proceeding could be commenced by a
charge, complaint or First Information Report10. Section 110 of the Act
provides that the charge sheets used to institute criminal proceedings in
a Magistrates Court shall be signed by any of the persons mentioned
above. However, there is no similar provision that a First Information
Report is to be signed by a legal practitioner11.
(b) In the High Court it could be by:
(i) information in respect of the Attorney-General of the Federation, or
(ii) information or charge filed in court by any prosecuting agency or a
private prosecutor subject to the provision of the Act.
It is worthy to note that the Act in section 110(1) (a) stipulates that the signing of
the charge sheet should be done by any of the persons mentioned in section 106
of the Act. Another interesting innovation of the Act is the introduction in section
196 (2) that a charge sheet shall be filed with the photograph of the defendant

9
. [2006] 2 SC (Pt. II) 1
10
See section 112 of the Act
11
See section 110(1) (b) of the Ac
and his finger impression, however where the photograph and finger impression
are not available this requirement shall not invalidate the charge.

Furthermore, section 379 of the Act provides that where an information is to be

used in commencing a criminal proceeding, the prosecutor shall also file the
following documents, which include:

(a) the proof of evidence, consisting of:

(i) the list of witnesses,

(ii) the list of exhibits to be tendered,

(iii) summary of statements of the witnesses,

(iv) copies of statement of the defendant,

(v) any other document, report, or material that the prosecution

intends to use in support of its case at the trial,

(vi) particulars of bail or any recognizance, bond or cash deposit, if

defendant is on bail,

(vii) particulars of place of custody, where the defendant is in

custody,

(viii) particulars of any plea bargain arranged with the defendant;

(ix) particulars of any previous interlocutory proceedings,

including remand proceedings, in respect of the charge, and

(x) any other relevant document as may be directed by the court;

and

The information and all accompanying processes shall be served on the

defendant or his legal representative and the prosecution may, at any time
before judgment, file and serve notice of additional evidence. This
provision is quit commendable as it encourages frontloading in our
criminal justice system.

Another unique provision of the Act is the requirement that the charge
sheet shall be served on the defendant within seven days from the date of
 filing. The trial shall commence not later than thirty days from the date of
filing. See section 110(2) and (3). Where trial does not commence not later
than thirty days of bringing the charge or trial has commenced but has not
been completed after 180 days of arraignment on that charge, the court
shall forward to the Chief Judge the particulars of the charge and the
reasons for failure to commence the trial or to complete same.

The issue of obtaining consent from a judge before a charge is filed at the
High Court is no longer relevant in this Act. Invariably the requirement for
consent has been abolished.

13.0. Quarterly returns of cases and other criminal proceedings to the Chief
Judge
The Act in section 110(3) specifically states that where a suspect is
arrested without a warrant is brought before a magistrate court on a
charge sheet or upon receiving a First Information Report and the trial
does not commence within 30 days or completed after 180 days after
arraignment, the court shall forward the particulars of the charge and
reasons for failure to commence or complete the trial. This provision
seeks to curb unnecessary delay in criminal trial and it is quite
commendable.

Moreso, section 110(4) to (7) stipulates that every court seized with
criminal jurisdiction shall forward the charges, remand and other
proceedings dealt with in each court to the Chief Judge every quarter. In
reviewing the returns, the Chief Judge shall ensure that:
(a) criminal matters are speedily dealt with;
(b) congestion of cases in courts is drastically reduced;
(c) congestion of prisons is reduced to the barest minimum; and
(d) persons awaiting trial are, as far as possible, not detained in
prison custody for a length of time beyond that prescribed in
section 293 of the Act.

Copy of the above returns shall also be made available to the

Administration of Criminal Justice Monitoring Committee.

14.0. Powers of the Attorney-General of the Federation under the Act

 Section 104(1) of the Act provides that the Attorney-General of the
Federation may prefer information in any court in respect of an offence
created by an Act of the National Assembly. The Attorney-General of the
Federation also has power to issue legal advice or directives to the police.12
The powers 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 Act13.
Where the Attorney-General of the Federation enters a nolle prosequi the
suspect shall be discharged and released if he is in custody, where the
suspect is on bail the recognizance shall be discharged. Section 107(4)
specifically state that the effect of the discontinuance is a mere discharge
and shall not operate as a bar to any subsequent criminal proceeding
against the suspect on the account of the same facts. However it is worthy
to state that the stage at which discontinuance is made is very significant
because it goes to the root of the case. To buttress point the Act in section
108 explicitly provides that where the withdrawal is made before the
defendant is called upon to make his defence, he shall be discharged of the
offence, but the court in its discretion may acquit the defendant, if it is
satisfied based on the merits of the case that the order is a proper one to
make in such circumstances. The court shall endorse its reasons on the
record14.
Where the defendant has made his defence, he shall be acquitted of the
offence.

15.0. Powers of a Private Legal Practitioner to Institute and Undertake

Criminal Proceedings under the Act
A private person can institute criminal proceedings under the Act by fiat
of the Attorney-General of the Federation,15 by complaint,16 or by
information if the conditions provided in Section 383 of the Act are
complied with. The conditions states that:
(a) The information must have been endorsed by the Attorney-General
of the Federation or a law officer acting on his behalf that he has

12
Section 105, Administration of Criminal Justice Act, 2015
13
Sections 107 and 108, Administration of Criminal Justice Act, 2015
14
Section 108(3) of the Administration of Criminal Justice, Act
15
Section 381(c), Administration of Criminal Justice Act, 2015
16
Section 89(3), Administration of Criminal Justice Act, 2015
 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 prosecution for an offence

under the provisions of Section 108 of the Act, the court may in its
discretion award costs against the prosecutor.17

16.0. Form and Contents of a Charge Sheet18

Section 193 of the Act provides that a charge may be as in the forms set out
in the Second Schedule of the Act with necessary modifications. Section
377 of the Act provides that an information shall be in the form set out in
Form No. 11 in the First Schedule to the Act. However, information
precedents are contained in the Third Schedule to the Act. The Act outlines
the contents of a charge thus19:
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.
16.1. The Act resolves a fundamental issue that has been lingering over the
years especially with respect to the cases prosecuted by the Economic and
Financial Commission as to whether stay of proceedings can be granted.
Section 306 of the Act explicitly states that:

17
Section 108(4), Administration of Criminal Justice Act, 2015
18
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.
19
Sections 194 and 196, Administration of Criminal Justice Act, 2015
 An application for stay of proceedings in respect of a
criminal matter before the court shall not be
entertained.

17.0. Bail
Section 158 of the ACJ Act 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.

17.1. Bail in Capital Offences

Section 161 of the Act 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 Act 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 authority20.

17.2. Bail in Felonies

Section 162 of the Act 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.

20
A.R. Emma, Appraisal of the Administration of Criminal Justice Act 2015.
 However, the court shall not grant bail:
(a) Where there is reasonable ground to believe that the defendant will,
if released on bail will 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.

17.3. Bail in Misdemeanours and other Offences

Section 163 of the Act provides that in offences other than those provided
for in Sections 161 and 162 of the Act, 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 Act, upon the defendant’s entering into
recognisance in the manner provided for in the Act.

Another outstanding innovation in the Act is contained in section 187

which makes provisions for the registration, regulation and license of
corporate bodies and individuals as Bondspersons by the Chief Judge. The
Chief Judge may withdraw the registration of a bondsperson who
contravenes the terms of his license.
A non-licensed person who engages in bail bond services or who
contravenes the term of his licence is liable to a fine of five hundred
thousand naira or imprisonment not exceeding 12 months21.
Section 188 permits a bondsperson to arrest an absconding defendant and
hands him over immediately to the nearest police station or taken to an
appropriate court within 12 hours.

17.4. Procedure for Bail Application

The Act 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

21
See 187(3) and (4).
 in Section 490 of the Act will cover such, the provisions of Section 492(3)
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 Act. To this end, summons or a motion
may be used at the High Court.

18.0. Women Sureties

The current practice in Nigeria where women are routinely denied the
right to stand as sureties for the purpose of entering into recognizance for
bail received the attention of the Act. Section 167 (3) provides that “no
person shall be denied, prevented or restricted from entering into any
recognizance or standing as surety for any defendant or applicant on the
ground only that the person is a woman”.

This provision is commendable as it is in line with the 1999 Constitution

and the Convention on the Elimination of Discrimination against Women
(CEDAW) which has been ratified by Nigeria.

19.0. Remand proceedings

In appropriate circumstances the Act permits remand proceeding via an
ex-parte application as contained in sections 293 and 294. Remand is
situation whereby a suspect who is yet to be charged with an offence is
ordered by a court, to be kept in prison custody, pending his bail, trial or
release. The arrest and remand must be only for ‘probable cause’22. In
considering whether “probable cause” has been established for the remand
of a suspect, the court may take into consideration the following:
(a) the nature and seriousness of the alleged offence;
(b) reasonable grounds to suspect that the suspect has been involved in
the commission of the alleged offence;
(c) reasonable grounds for believing that the suspect may abscond or
commit further offence where he is not committed to custody; and
any other circumstances of the case that justifies the request for
remand.
 However, section 295 the Act permits the court in considering an
application for remand, to grant bail to the suspect, taking into
consideration the provisions of the Act relating to bail.

20.0. Time protocol for remand orders

Section 296 of the Act stipulates that an order of remand shall not exceed a
period of fourteen (14) days in the first instance which may be extended
for a period not exceeding fourteen days. Upon the expiration of the 14
days extension, the court may on application of the suspect grant bail in
accordance with section 158 to 188 of the Act.

Also, at the expiration of the further order and where the suspect is still on
remand, the court can suo moto issue a hearing notice to the Inspector-
General of Police, Commissioner of Police and/ or Attorney-General of the
Federation, or any other authority in whose custody the suspect is
remanded to show cause why the suspect should not be unconditionally
released. The suspect is further remanded for another period not
exceeding 14 days.

Where a good cause is shown the court may extend the remand for a final
period not exceeding 14 days for the suspect to be arraigned at the
appropriate court. However where a good cause is not shown for the
continued remand the court shall with or without an application discharge
the suspect and he shall be released immediately from custody. No further
remand application shall be entertained by any court after the above
proceedings have been followed.

21.0. Presence of the Defendant

Section 266 of the Act provides that a defendant shall be present in court
during the whole of his trial. There are however some permissible
circumstances where the defendant may be absent. These are:
(a) When the defendant misconducts himself in such a manner as to render
his continuing presence impracticable or undesirable; or
(b) At the hearing of an interlocutory application.

The above provision, however, is made subject to Section 135 of the Act
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
(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 presence is required in defendant and he 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.23

22.0. Presence of the Complainant

Where a case is called and the defendant appears but 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 representative or for other
sufficient reason, the court may adjourn hearing of the complaint to some
future date.

23.0. Presence of Counsel to the Defendant

By virtue of Section 349 of the Act, 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 Act 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 Act 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.

23
Section 352(1) (a), (b), Administration of Criminal Justice Act, 2015
 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 another legal
practitioner or a legal practitioner may be engaged for him by way of legal
aid. If the defendant elects to retain on the 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.

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 parties24.

24.0. Plea Bargain Guidelines

By virtue of Section 270 of the Act, the Prosecutor may with the consent of
the victim or his representatives consider, offer or accept a plea bargain
from a defendant. The prosecutor must ensure that the acceptance of such
plea bargain is in the interest of justice, the public interest, public policy
and the need to prevent abuse of legal process. In determining whether it
is in the public interest to enter into a plea bargain, the prosecution must
weigh all relevant factors, including:

i. the defendant’s willingness to cooperate in the investigation or

prosecution of others;
ii. the defendant’s history with respect to criminal activity;
iii. the defendant’s remorse or contrition and his willingness to
assume responsibility for his conduct;
iv. the desirability of prompt and certain disposition of the case;
v. the likelihood of obtaining a conviction at trial, the probable
effect on witnesses;
vi. the probable sentence or other consequences if the defendant is
convicted;
vii. the need to avoid delay in the disposition of other pending cases;
and
viii. the expense of trial and appeal.

24
Section 349 (8), Administration of Criminal Justice Act, 2015
 ix. The defendant’s willingness to make restitution or pay
compensation to the victim where appropriate.
Where it is reasonably feasible to afford the victim or his representative the
opportunity to make representations regarding the contents of the
agreement and the inclusion in the agreement of compensation or
restitution order, such agreements between the parties must be in writing
and signed. The presiding Judge or Magistrate is not permitted to be part
of the discussions.
Where there is an agreement between the parties, the prosecutor shall
inform the court of the agreement reached by the parties, it is the duty of
the presiding Judge or Magistrate to inquire from the defendant to confirm
the correctness and the voluntariness of the agreement. After considering
the agreed sentence, the presiding Judge or Magistrate may impose the
sentence agreed upon, or impose a lesser sentence. Where a presiding
judge or magistrate is of the view that the offence requires a heavier
sentence, than the one agreed, he is to inform the defendant of his view.
The defendant may decide to abide by his plea of guilty and accept the
sentence by the Judge or Magistrate, or he may decide to withdraw from
his plea agreement. If he does so, the trial precedes de novo before another
presiding Judge or Magistrate.
The provision which allows the Judge or Magistrate to decline to be bound
by the sentence agreed by the parties is a safeguard for situations where
public sensibility may be offended by the sentence agreed.

25.0. Speedy trial

The Act in section 396 makes provision for day-to-day trial of criminal
cases. Where day-to-day trial is impracticable after arraignment, parties
shall only be entitled to five adjournments from arraignment to final. The
interval between each adjournment must not exceed fourteen days. Where
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. The court may award
costs in order to discourage frivolous adjournments.

The provision further states that a Judge of the High Court who has been
elevated to the Court of Appeal shall have dispensation to continue to sit
as a High Court Judge for the purpose of concluding any part-heard
criminal matter pending before him at the time of his elevation and shall
conclude same within a reasonable time. This provision is intended to
address the problem of trial de novo.

The ACJ Act in sections 306 and 396 abolished stay of proceeding and
interlocutory appeals by merging all preliminary objections with the
substantive case in respect of criminal cases instituted in federal courts.
This revolutionary intervention of the Act is occasioned by unending trial
of politically exposed persons in corruption cases.

Section 109(4) of the Act provides that where a charge is preferred at the
magistrate court and the trial does not commence within thirty days, or
trial has commenced but has not been completed after one hundred and
eighty days of arraignment on that charge, the Court shall forward to the
Chief Judge the particulars of the charge and reasons for failure to
commence the trial or to complete the trial.

Section 109(5) mandates Courts to make quarterly returns of the

particulars of all criminal cases, including charges, remand and other
proceedings dealt with in a Court to the Chief Judge. In reviewing the
returns, the Chief Judge shall have regard to the need to ensure that:

(a) criminal matters are speedily dealt with;

(b) congestion of cases in courts is drastically reduced;
(c) congestion of prisons is reduced to the barest minimum; and
(d) persons awaiting trial are, as far as possible, not detained in prison
custody for a length of time beyond the prescribed period.

Section 349(7) of the Act states that a legal practitioner engaged in a matter
shall be bound to conduct the case until final judgment, unless allowed for
any special reason to cease from acting by the Court.

Furthermore, section 382 provides that where an information is filed in the

court, the Chief Judge shall within fifteen working day of its filing assign it
for trial. Upon the assignment, the court shall within ten working days
issue notice of trial to the witnesses and defendants and a reproduction
warrant properly endorsed by the Judge where the defendant is in
 custody. The Chief Registrar is to ensure prompt service of the notice and
information not more than three days from the date they are issued.

26.0. Time limit for issuance of legal advice

Section 376 makes provision for time limit for the issuance of DPP’s legal
advice. The Attorney-General of the Federation shall, within fourteen days
of receipt of police case file, issue and serve a legal advice indicating
whether or not there is a prima facie case against a defendant. Where no
prima facie case exists, the Attorney-General of the Federation shall serve a
copy of the legal advice on the police, court and the suspect and the
suspect shall be released if he is custody.

27.0. Witness Protection

Section 232 of the Act permits the trial of some offences in camera. These
include:
(a) sexual related offences,
(b) terrorism offences,
(c) offences relating to economic and financial crimes,
(d) trafficking in persons and related offences, and
(e) any other offence in respect of which an Act of the National
Assembly which permit the use of such protective measures.

By virtue of this provision, the name and identity of the victims of such
offences or witnesses shall not be disclosed in any record or report of the
proceedings. The Court in order to protect the identity of the victim or a
witness may take any or all of the following measures:
(a) receive evidence by video link.
(b) permit the witness to be screened or masked.
(c) receive written deposition of expert evidence.
Subsection (5) makes the contravention of the provisions of section 232 an
offence punishable to a minimum term of one year imprisonment.

28.0. Electronic Record of proceedings

Section 364 of the Act states that court proceedings shall be recorded
electronically. Similarly, section 362 of the Act provides that where a
person who is seriously ill or hurt may not recover, but is able and willing
to give material evidence relating to an offence and it is not practicable to
take the evidence the during trial, the Judge or Magistrate shall take in
writing the statement on oath or affirmation of the person.
21.0. Judgment
A valid judgment under the Act must be in writing. However, the Act
makes an exception to this requirement in the case of Magistrates’ Courts.
Section 308 (2) of the Act 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 fulfills 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
another Judge or Magistrate in the presence of the defendant25. By section
308(1) of the Act every judgment shall contain the point or points for
determination, dated and signed by the Judge or Magistrate at the time of
pronouncement.

29.0. Compensation to victims of crime

Often times, victims of crimes are neglected without any form of
compensation even when the offender has been found guilty. The Act has
addressed this ugly trend by broadening the powers of the court to award
costs, compensation and damages in deserving cases, especially to victims
of crime.
By the provisions of section 319 of the Act, court may order a convict to
pay 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.

30.0. Non Custodial sentences

The ACJ Act in sections 453, 460 and 468 attempted to address the problem
of excessive use of imprisonment as a disposal method by introducing
some alternatives to imprisonment. These include the introduction of
suspended sentence, community service, parole and probation. It also
provides that the court, in exercising its power shall have regard to the
need to:
25
Section 315, Administration of Criminal Justice Act, 2015
 (a) reduce congestion in prisons;

(b) rehabilitate prisoners by making them to undertake productive

work; and

(c) Prevent convict who commit simple offences from mixing with
hardened criminals.

By virtue of section 467 of the Act, a court may sentence a defendant to

serve the sentence at a Rehabilitation and Correctional Centre established
by the Federal Government in lieu of imprisonmen.t

31.0. Trial of Corporation

This is another remarkable feature of the Act. Section 477 makes provisions
for the trial of a corporation with its representative appearing on its behalf.
“Corporation” in the Act means a corporate body, incorporated in Nigeria
or elsewhere. Section 478 of the Act 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 appears or fails to enter
any plea, the court shall order a plea of not guilty to be entered and the
trial shall proceed accordingly. More so, any requirement of the Act 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 the thing was done in the presence of the representative
or read or said or explained to the representative.
Section 484 of the Act 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.

32.0. Conclusion
One of the major improvements brought about generally by the reforms is
that conscious effort was made to strengthen the rights of the defendant
and reduce delays in the criminal process. Though most of these rights had
existed before now, the ACJ Act 2015 has added emphasis to them. It has
also ironed out a lot or grey areas that had been long overdue. Most
importantly, the Act places huge responsibilities on the shoulders of
judges and magistrates for the effective implementation of the
Administration of Criminal Justice Act.