New law bars police from prosecuting federal offences

The  Police will no longer prosecute federal offences and conduct prosecution in federal courts when the  Administration of Criminal Justice Act (ACJA) takes effect, Chief Judge of the High Court  in Abuja Justice Ishaq Bello has said.

But, however, he said “within the current transition period”, lay police prosecutors handling criminal cases will continue for now.

The Act was signed into law  by former President Goodluck Jonathan shortly before he vacated office.

Justice Bello, who spoke in Abuja yesterday at a sensitisation workshop on the ACJA, urged all stakeholders to ensure the success of the Act.

The workshop was organsied by the Centre for Socio-Legal Studies (CSLS), with support from foreign agencies.

ACJA replaces the Criminal Procedure Code (CPC) used in the North and the Criminal Procedure Act in the South.

He noted that the prohibition of lay prosecutors was not intended to create competition between the police and the Federal Ministry of Justice, but to ensure effective prosecution by trained lawyers.

“The law automatically knocks off lay police prosecutors, who should concentrate on investigation.

‘’Officers should concentrate on investigation to ensure thoroughness. When this is done, prosecution will be quicker and this will be to the glory of the police also.

“We consider this phase a transition process. This is why we still allow them (lay prosecutors) to engage in prosecution. Once this transition phase is over, we will close shop for lay prosecutors,” the judge said.

He said the friction between the police and the ministry would not serve the interest of the law.

The judge called on the Executive to effectively fund the implementation of the Act.

Justice Bello noted that the fundamental innovations in the law, aimed at ensuring the prompt dispensation of justice, would be defeated if the Executive failed to provide facilities for its application.

“The integrity of the system is likely to be impeached if the key components of the system do not play their roles. It is the responsibility of the Executive to make investment in this regard,” the judge said.

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