Lagos State blazed the trail when Governor Babajide Sanwo-Olu assented to the Administration of Criminal Justice (Amendment) Law (ACJL) of Lagos State, 2021. ADEBISI ONANUGA examines the innovations in the new law and their benefits to litigants
In September 30, 2021, Governor Babajide Sanwo-Olu assented to the Administration of Criminal Justice (Amendment) Law [ACJL] of Lagos State, 2021, about 10 years after the last amendment.
The ACJL was passed in Lagos State in 2007 and went through its first amendment in 2011.
The latest amendment signed into law about 10 days ago was to ensure that the fundamental rights of suspects and persons that come in contact with the justice system, as enshrined in the 1999 Constitution, as amended, are protected.
For stakeholders, the new ACJL reinforces the commitment of the administration of Governor Sanwo-Olu to the promotion of law and order, protection of rights of citizens, decongestion of our correctional facilities and a crime-free society.
The Ministry of Justice, through a collaborative effort with stakeholders in the administration of criminal justice, will ensure the provisions of this law are enforced.
However, key innovative provisions have been introduced into the law in an attempt to further strengthen the criminal justice system, promote the rights of victims and suspects and, particularly, to address the issue of delay in the administration of criminal justice in Lagos State.
Compensation to Victims/Witnesses
Perhaps the most innovative of the new ACJL 2021 is Section 372 of the amended law, which for instance, now gives power to judges to award commensurate compensation in criminal cases where victims have suffered losses or injuries unlike in the past where this only applies to people who have suffered financial losses.
The implication is that the court in delivering its judgment is empowered to award to victims of crimes who suffer injuries as a result of an action of a guilty defendant, commensurate compensation by the defendant or any other person or the State.
According to the state Attorney General and Commissioner for Justice, Moyosore Onigbanjo (SAN), a judge also has the power to forfeit the properties of the guilty defendants or any other person or state and ordered them to be sold to compensate the victim of crimes..
“In doing so, the court in considering the award of compensation to the victim may call for additional evidence to enable it to determine the quantum of compensation to award,” he said.
An Non Governmental Organisation (NGO), Crime Victims Foundation of Nigeria (CRVIFON) led by activist lawyer, Mrs Gloria Egbuji has over the years championed implementation of Restorative Justice System under which victims of crime can receive compensation and support to mitigate the trauma of the criminal acts inflicted on them by other persons.
Establishment of Criminal Record Database
Section 370 of the new ACJL mandated the state to establish a crime data register. The register is an electronic repository of information on suspects and offenders either convicted or awaiting trial who passed through the Criminal Justice System from the point of arrest through prosecution up until the judgment is delivered.
The register would serve as a criminal records database and organisations in the state may apply to obtain criminal records, particularly of sex offenders.
Stakeholders believed that the register will also assist the Police in the investigation of crime as sufficient information on all convicted persons will be available, which should make it easy to identify convicts in subsequent proceedings.
Employers of labour may also apply to obtain criminal records of prospective staff, particularly for sex offenders.
Interim Order to Freeze Account during Trial
Under Section 298 of the new ACJL 2021, the Court is empowered to make an interim order to freeze monies in such account where there is reason to believe that monies in an account is a proceed of crime or proceeds of illegal and unlawful transaction and would not be available during and after trial. The law also empowers the court to make an order of interim forfeiture of properties before the commencement or conclusion of a trial where there is reasonable ground to believe such property has been used or provided for the commission of the offence charged.
The implication is that if it is money, for example, it can be frozen and kept in the account, which means the account holder cannot withdraw funds from the account until the order is lifted and if it is a property, a judge can order that a seal be placed on the building until a verdict is reached by the court.
Plea Bargain and Sentence Agreements
Section 76 of the amended ACJL 2021 which deals with Plea Bargain and Sentence Agreements have been re-drafted to expand the scope. The provision of the amended law now allows for prosecution to offer plea bargain to a defendant charged with an offence in the interest of justice, public policy and the need to prevent abuse of legal process.
While the consent of the victims or their representative may also be sought during the process the new law forbids the prosecution from enter into plea bargaining after the defence has opened his case.
The provision of the new law enables the Judge or Magistrate to make an order transferring the assets or properties agreed to be forfeited under the plea bargain agreement to the victim of the crime or the legal representative or any person entitled to it.
It creates a penalty of seven years for the willful obstruction of such transfer
Read Also: Experts advocate repeal of ACJA 2015
Prohibition of Media Parade of Suspects
Over the years, the parade of criminal suspects before the media has been a common feature of the Police. During such parades, the Police will lay the foundation for media interviews which often times lead to the misrepresentation of the suspects as actual offenders before court trials and convictions.
Many leading lawyers have been at the vanguard of the campaign and agitations for a stop to media trial by the Police.
At a civil society roundtable programme on Administration of Criminal Justice Act and Abolition of Stay of Proceedings in Criminal Trials organized by the Human and Environmental Development Agenda, HEDA Resource Centre, held in Ikeja, activist and lawyer, Femi Falana (SAN), condemned the practice of parading suspects in alleged criminal cases before the media.
Speaking as the guest speaker at the occasion, Falana said it was illegal to subject suspects to media trial, adding that it could subvert the justice system. He explained that in most cases, only the poor and the less privileged are subjected to media parade, while the rich are treated with dignity and respect.
Falana said the practice of parading suspects was illegal, as it constitutes a gross violation of the fundamental rights of criminal suspects to presumption of innocence guaranteed by Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9, Laws of the Federation of Nigeria, 2004.
Falana urged the police to desist from parading crime suspects before the media ahead of their arraignment describing the act as illegal because it breaches the constitutional right of the person or party arrested.
The new Lagos ACJL 2021 provides that “the Police shall refrain from parading any suspect before the media.”
Many stakeholders believed that with the signing of the new law, the Police have been restrained from media parade of suspects without court trial, an exercise which violates the rights of the suspects to fair trial.
Victim and Witnesses Protection
Under the Administration of Criminal Justice (Amendment) Law of Lagos State, 2021, a party can now apply to court to order the nondisclosure of the identity of a victim or witness who may be in danger or at risk, until the Trial Court decides otherwise. The Court can consult the witness support/protection office in the determination of protective measures for victims and witnesses.
Video conferencing for Criminal Proceedings
The new ACJL 2021 emphasis video conferencing in all criminal proceedings. It empowers and stated that “the courts can conduct criminal proceedings either in whole or in part through audio and video conferencing platform and members of the Public take part through the same means without the necessity of physical attendance in the courtroom.”
Power of Chief Magistrates to visit Police Stations
Many Police stations in the state are filled with suspects awaiting to be investigated to determine their culpability and taken to courts. To reverse the situation, the new law made visits to Police stations mandatory by Chief Magistrates to weed out the innocents.
Where there is no Chief Magistrate within the police division, any magistrate can be designated by the Chief Judge for that purpose, to conduct an inspection of police stations or other places of detention within his jurisdiction other than the prison at least every month.
Procedure for trial on charge for certain Offences
The new Lagos ACJL 2021 embodied provisions for special trial of some offences. It provides that ”Trial may be heard through closed hearing (not in open court) and evidence may be received by video link, permitting the witness to be screened or masked, through written deposition of expert evidence in sexual related offences such as defilement, rape, sexual assault by penetration. ”
Establishment of Criminal Justice
Unlike the past laws, the new Lagos ACJL 2021 provides for the composition of a Sector Reform Committee who will be responsible for and drive the implementation of the law to ensure effectiveness and prevent derailment.
Commendation
The Centre for Socio-Legal Studies (CSLS), led by Prof. Yemi Akinseye-George (SAN), has commended the Lagos State Government for updating the Administration of Criminal Justice Law of the state.
Akinseye-George in a statement, noted that the development had placed Lagos ahead of other states in the modernisation of criminal justice system in the country.
”By so doing, not only has the law been brought into conformity with the Federal Administration of Criminal Justice Act (ACJA) 2015, it has surpassed the ACJA by incorporating more modern features which are not found in the ACJA.
“The CSLS considers the passage of the new ACJL of Lagos State as a step in the right direction and a boost for the efforts of the government of the state to deepen the reform of criminal justice in the state and reinvigorate the system to be more effective in reducing criminality in the state.”
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