The Panel on Implementation of Justice Reform (PIJR) set up by the Federal Ministry of Justice is proposing some changes aimed at ensuring efficiency in the criminal justice system. These are contained in a Bill for a fresh law to guide criminal prosecution. Eric Ikhilae, who was at a workshop held by the panel in Abuja to fine-tune the Bill, reports.
IT is a fact that the justice administration system suffers from a lot of problems, the major one being delay.
It takes years for the court to resolve minor disputes that ordinarily not take months.
The case is even worse where, under the criminal justice process, an accused, with political and economic means, could easily sabotage his/her trial. With funds to hire senior lawyers, such an accused person successfully stalls his/her trial by exploiting existing inadequacies and loopholes in the system, including corruption.
A recent research has it that it takes an average of 10 years for a case to move from the court of first instance to the Supreme Court. To the effect that when it is decided by the apex court, some of the parties would have either died or the decision becomes a mere academic exercise, because events would have overtaken the case. This development has, undoubtedly resulted in the growing loss of faith in the court system by the people; increasing insecurity and violent crimes and heightening competition for the increasingly dwindling economic opportunities in the land.
Also, more people are being tempted to resort to self help in the face of an inefficient justice delivery system.
To reverse this ugly trend, there are calls for an urgent identification of the various problems responsible for the inefficiency of the justice system and the evolution of ways of ensuring its efficiency.
This is why all eyes are now on the effort by the Federal Ministry of Justice’s Panel on Implementation of Justice Reform (PIJR) to take the necessary measures.
Already, the panel, headed by Justice Ishaq Bello of the Federal Capital Territory (FCT) High Court has identified areas requiring attention, particularly in relation to the criminal justice system. It has also made far-reaching recommendations.
The panel is working on a Bill to be submitted to the National Assembly to give legal backing to its recommendations.
The Bill seeks an Act to repeal the Criminal Procedure Act, Cap C4 Law of Nigeria (2004), the Administration of Justice Commission Act, Cap A3 Law of Nigeria (2004) and enact the Administration of Criminal Justice Act 2013.
The panel has held a workshop in Abuja to put finishing touches to the Bill, before its presentation to the National Assembly. At the event held in conjunction with the Centre for Socio-Legal Studies (CSLS) were Justice Bello, Prof. Yemi Akinseye-George (SAN), Director, Public Prosecution of the Federation, Simon Egele, among others.
Justice Bello stressed the relevance of an efficient criminal justice delivery system to the nation’s quest for economic growth.
He observed that the drive by various governments for foreign investment would yield no result in the face of a weak and inefficient justice delivery system. He argued that investors are only attracted to environment where their investments and lives would be safe; civil and criminal cases resolved promptly and where they are sure of redress if wronged.
Justice Bello, who expressed delight about the work done by his panel so far, said the Bill, when passed into law, has the capacity to ensure efficiency in the criminal justice system. He said the panel is looking towards July this year for the Bill to become an Act.
“The Act will ensure that the system of administration of 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 defendant and the victim,” he said.
He explained that the Act will apply to criminal trials and other criminal proceedings in courts and tribunals established by an Act of the National Assembly, except Court Martials.
Prof Akineye-George, in a presentation, gave a picture of what new ideas the Bill proposes. One of such is the need to reverse the current lop-sided underlying philosophy in criminal trial, where the state assumes prosecutory role and total control of criminal trials, without roles or consideration for the victims.
The panel identified problems of lack of reliable statistics or data for criminal cases; lack of victims protection, absence of timeliness (undue process delay); poor application of information and communication technology (ICT) in court processes; lack of accountability among relevant agencies involves in criminal justice system – the police, the office of the Director of Public Prosecution (DPP), Federal and states ministries of Justice, prison service, court, among others.
It also identified weak coordination and interaction between these agencies; congestions in courts and prisons, and mounting unresolved cases.
As a way out, the Bill has made wide-range recommendations, which when adopted by the Legislature, will transform the criminal justice system.
As a solution to the problem of inadequate statistics,the Bill is proposing the creation of a central criminal records registry with the police headquarters. Every police station shall replicate this, from where the central registry will be fed with records of cases from the police stations.
The panel suggested the involvement of victim in the process and that they be restore to their formal state, through compensation, at the completion of the case. To address the problem of delay, the panel is suggesting the attachment of time to the role of each player in criminal trial process. For instance, the DPP is expected to issue its advice within 14 days, parties to a trial are allowed at most, five adjournment per side for the life of the case.
Also, frivolous request for adjournment shall attract penalty in cost. As part of its witness protection initiative, the panel has recommended the payment of witness’ fare by the court.
Under the arrangement, a witness is paid what it cost him to transport himself to court every time he/she is invite to testify.
The amount will be calculated by mileage to be determined from the summons served on such a witness.
Where a witness os in court an proceedings could not go on owing to the fault of a party, the party will be made to pay the cost of the witness’ transportation for that day.
The initiative is also intended to enhance witness’ cooperation and motivation.
The Bill is also proposing the deployment of ICT to aid the process’ speed and efficiency.
It is suggesting, for instance, electronic recording of police’s interrogation of suspects, court’s proceedings, among others.
This is partly intended to ensure reduce police’s reliance on torture in eliciting confession from suspects.
To ensure accountability among relevant agencies, the panel has also suggested that the magistrates or judges involved in criminal trials, engage in periodic visits to detention centres to ensure that prison officials play their roles as required.
The panel is also proposing the establishment of a coordinating platform, to be known as Administration of Criminal Justice (ACJ) Monitoring Committee, to coordinate the activities of the relevant agencies within the ACJ system.
As a measure of decongesting the prisons, the Bill is proposing the adoption of alternative to custodial sentence in the mold of non-custodial sentence.
By this, people with less offences like minor theft, are sentenced to community services as against imprisonment. There are also the recommendations for day-to-day trial in criminal cases; elimination of interlocutory appeal; creating a peg on the number and interval of adjournment that could be granted in the life of a case, among others. Prof Akinseye-George said, when passed, the Act would occasion fundamental changes in criminal justice administration in the country.
He said what is required now is urgent passage of the Bill by the National Assembly and its prompt replication by the various states in the country. Egele, who was delighted about the steps taken so far, said he believe the various recommendations in the Bill would help in ensuring prompt trial of criminal cases in the country.
