For three days, stakeholders in the nation’s justice administration sector gathered in Abuja to work on ways to improve the system. The programme ended with the validation of the national Minimum Standard document. Assistant Editor, Eric Ikhilae reports.
Justice sector stakeholders gathered in Abuja between September 24 and 26 to deliberate on ways to reform the criminal justice sector by improving the administration of criminal justice and strengthen measures that ensure access to justice.
Participants included judges, states’ Attorneys-General, prosecutors, defence lawyers, personnel of law enforcement agencies and the correctional centres, among others.
The event, organised by the Federal Ministry of Justice, afforded participants the opportunity to examine measures to be deployed to address the issues of delay that hinder the effective functioning of the criminal justice sector.
Some of the identified issues are congestion of correctional facilities, abuse of remand orders, delay in trial, lack of statistics and data, and lack of uniformity in criminal justice processes across the country.
By the time the curtains fell on the programme participants agreed to adopt a number of measures which included the enhanced deployment of technology to court operations, need for strict application of case management strategies, adoption of timeline in investigation and prosecution processes, among others.
The measures formed the many provisions now embedded in the National Minimum Standards (NMS) document, which was validated and adopted at the event.
The National Working Committee for the Implementation of the Administration of Criminal Justice Act (ACJA) 2015 and Administration of Criminal Justice Laws (ACJLs) across the states was also constituted.
Some provisions of the NMS
Some of the key provisions of the NMS include innovative measures for addressing the problems of payment of compensation by convicts, one of which is the establishment of a Victim Compensation Fund.
There is also the provision for the deployment of a case tracking software to monitor the progress of cases, which will help to improve monitoring and evaluation.
The document also provided for the incorporation of electronic arraignment, which is a necessary step towards technological innovations in the criminal justice system.
It also provides for the establishment of a Witness Support Unit to resolve the issue of payment of witness expenses to secure their attendance of proceedings.
There is also the provision for the establishment of a Bail Information Management System (BIMS), and other data collation provisions to capture information of suspects and sureties for all bails processed through the courts.
The document also provided measure for strengthening of the structures of Administration of Criminal Justice Monitoring Committees (ACJMC), including their monitoring powers and logistics, amongst other innovative provisions.
The NMS also provides that the AGF and states AGs shall ensure that the police and the court receive a copy of the legal advice within the said time limit of 14 days.
On the filing of criminal charge, the document requires both federal or state courts to provide structures to facilitate efficient filing and assignment of criminal cases.
Such structures shall include the use of electronic means for filing of charges and other court processes, and the use of electronic means for the assignment of criminal cases.
It provides that a charge shall be filed within seven days after vetting and approval of the charge.
On the assignment of charges, it provides that “a charge or information shall be assigned to a court for trial within seven working days of its filing, while the court to which the case is assigned shall within seven working days, issue a hearing notice to the parties, either physically or electronically.”
There is the provision that requires that the rule is court of practice direction should be made to provide for service of charge or information by post, e-mail or other electric means.
“Service by electronic means shall be deemed to be proper service once it is sent to the electronic mail address and telephone number (SMS/WhatsApp) or any other mode of electronic communication provided by the suspect.”
On the issue of plea bargaining, the document provides that “ plea bargaining should be made available to all offences, provided that public interest and the interest of justice is observed.”
In the case of a trial conducted in absentia, the document provides that “in appropriate circumstances, a court is not precluded from delivering judgment and passing a sentence on an absconding defendant.”
It provides for 14 days from the date of the receipt of a case file, within which the AGF or states AGs should issue legal advise.
AGF’s view of NMS
The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) expressed delight about the milestone achieved with the successful review and validation of the NMS document, which he described as a major game changer.
Represented by his Special Assistant, Ahmed Wada, Fagbemi said the NMS will identify and address areas where compliance falls short, develop strategies to raise awareness among the general public about the provisions and implications of the laws (the ACJA and ACJL).
He added that the NMS will equally aid the achievement of a benchmark for the implementation of ACJA and ACJL across the country to fast-track dispensation of justice.
Fagbemi assured that his office is committed to making large strides towards the advancement and reformation of our criminal justice system, particularly what participants identified as possible hindrances to the application of the NMS.
Some of the likely challenges, as noted by participants, include the issue of paucity of funds, monitoring and evaluation, technical infrastructure and the need to encourage judges to develop practice directions to resolve pre-trial issues of case management and other trial issues.
Why NMS is important
The Director, Administration of Criminal Justice and Reforms at the Federal Ministry of Justice, Mrs. Leticia Ayoola-Daniels noted that despite the enactment of the ACJA and ACJL by both the Federal and state governments, the criminal justice system still suffers some challenges.
Mrs. Ayoola-Daniels noted that the challenges experienced by the states and the Federal Government remain the same, which includes court congestion , unavailability of data, delayed trials and a lack of uniformity in criminal justice processes.
She added: “This is why we are gathered here today, to finalise a document that will not only serve as a standard template across jurisdictions but also drive uniformity and efficiency in the implementation of these laws.
“This initiative stemmed from the growing need for a unified framework that would address the persistent gaps in the implementation of the ACJA and ACJLs across the country.”
She explained that the National Working Committee “will play a crucial role in ensuring that these standards are adhered to, that best practices are shared, and that progress is continuously monitored and reviewed to meet the objectives of the establishment of the National Minimum Standards.”
Justice Tsoho is optimistic
The Chief Judge of the Federal High Court, Justice Tsoho noted that the nation’s criminal justice system still suffers from multiple challenges, but was optimistic that they could be effectively addressed with the commitment of all.
Represented by the second most senior judge of the court, Justice Gladys Olotu, Justice Tsoho, the NMS provisions are needed intervention that must be supported by all.
Justices Baba-Yusuf, Obanor on court automation
The Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Hussein Baba-Yusuf, stressed the importance of the urgent need for the adoption of technology in court operations.
Represented by Justice Josephine Obanor, Justice Baba-Yusuf said: “I have since discovered that automating the court system solves a lot of problems.”
He added that while the relevant authorities were still working on ways to automate all courts in the country, courts that handle criminal cases should be given priority.
Justice Obanor, who spoke about her experience, noted that some non-government organisations have been assisting in the automation of some courts, but said more still needs to be done in view of the many benefits of court automation.
“My court has been automated. I did it personally. I did it because I suffer the brunt of having to take record of proceedings for long hours with hand.
“You (the judge) are the one that will be writing. I have been writing for the past twenty something years. As a magistrate, I did 18 years and this is my fourth year as a judge. Writing in long hand is not easy.
Having automated my court, what are the successes? The National Judicial Council (NJC) required judges to submit six concluded cases three months. As at last week when I resumed (from the court’s annual vacation) I have delivered eight judgments already.
“Automation makes the work so seamless. But now, the problem is that lawyers now complain to the Chief Judge that I am moving too fast,” she said.
Justice Obanor added that with automation, records of proceedings are easily accessible, while cases are concluded within time.
She said with the judge having firm control of the courts and proceedings, and penalising negligence and indolence on the part of lawyers with heavy fines in the form of awarded costs, everyone will have no option than to comply with the case management scheduled that was drawn up at the pre-trial stage.
Akinseye-George’s intervention
The President of the Centre for Social Legal Studies (CSLS), one of the facilitators of the NMS, Professor Yemi Akinseye-George (SAN) urged all to adopt the NMS because of its capability to improve the implementation of the ACJA and ACJL across the states.
Akinseye-George added: “The National Minimum Standards is all about three things – consistency, efficiency and accountability.
“Since we are a federal system, we ought to have similar practices and this cannot be done by compulsion. It is by voluntary adoption, just as it happened with the ACJA, whereby 36 states of the federation have adopted the law.
“Now, having adopted the ACJA, we need to minimise the differences in all the various systems so that we can now have common standards by which we can conduct assessments. If the processes are different, it will be difficult to carry out any assessment,” he said.
Akinseye-George also shared Justice Obanor’s views about court automation and its many benefits, adding that the software needed for automation were available locally.
Justice sector stakeholders gathered in Abuja between September 24 and 26 to deliberate on ways to reform the criminal justice sector by improving the administration of criminal justice and strengthen measures that ensure access to justice.
Participants included judges, states’ Attorneys-General, prosecutors, defence lawyers, personnel of law enforcement agencies and the correctional centres, among others.
The event, organised by the Federal Ministry of Justice, afforded participants the opportunity to examine measures to be deployed to address the issues of delay that hinder the effective functioning of the criminal justice sector.
Some of the identified issues are congestion of correctional facilities, abuse of remand orders, delay in trial, lack of statistics and data, and lack of uniformity in criminal justice processes across the country.
By the time the curtains fell on the programme participants agreed to adopt a number of measures which included the enhanced deployment of technology to court operations, need for strict application of case management strategies, adoption of timeline in investigation and prosecution processes, among others.
The measures formed the many provisions now embedded in the National Minimum Standards (NMS) document, which was validated and adopted at the event.
The National Working Committee for the Implementation of the Administration of Criminal Justice Act (ACJA) 2015 and Administration of Criminal Justice Laws (ACJLs) across the states was also constituted.
Some provisions of the NMS
Some of the key provisions of the NMS include innovative measures for addressing the problems of payment of compensation by convicts, one of which is the establishment of a Victim Compensation Fund.
There is also the provision for the deployment of a case tracking software to monitor the progress of cases, which will help to improve monitoring and evaluation.
The document also provided for the incorporation of electronic arraignment, which is a necessary step towards technological innovations in the criminal justice system.
It also provides for the establishment of a Witness Support Unit to resolve the issue of payment of witness expenses to secure their attendance of proceedings.
There is also the provision for the establishment of a Bail Information Management System (BIMS), and other data collation provisions to capture information of suspects and sureties for all bails processed through the courts.
The document also provided measure for strengthening of the structures of Administration of Criminal Justice Monitoring Committees (ACJMC), including their monitoring powers and logistics, amongst other innovative provisions.
The NMS also provides that the AGF and states AGs shall ensure that the police and the court receive a copy of the legal advice within the said time limit of 14 days.
On the filing of criminal charge, the document requires both federal or state courts to provide structures to facilitate efficient filing and assignment of criminal cases.
Such structures shall include the use of electronic means for filing of charges and other court processes, and the use of electronic means for the assignment of criminal cases.
It provides that a charge shall be filed within seven days after vetting and approval of the charge.
On the assignment of charges, it provides that “a charge or information shall be assigned to a court for trial within seven working days of its filing, while the court to which the case is assigned shall within seven working days, issue a hearing notice to the parties, either physically or electronically.”
There is the provision that requires that the rule is court of practice direction should be made to provide for service of charge or information by post, e-mail or other electric means.
“Service by electronic means shall be deemed to be proper service once it is sent to the electronic mail address and telephone number (SMS/WhatsApp) or any other mode of electronic communication provided by the suspect.”
On the issue of plea bargaining, the document provides that “ plea bargaining should be made available to all offences, provided that public interest and the interest of justice is observed.”
In the case of a trial conducted in absentia, the document provides that “in appropriate circumstances, a court is not precluded from delivering judgment and passing a sentence on an absconding defendant.”
It provides for 14 days from the date of the receipt of a case file, within which the AGF or states AGs should issue legal advise.
AGF’s view of NMS
The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) expressed delight about the milestone achieved with the successful review and validation of the NMS document, which he described as a major game changer.
Represented by his Special Assistant, Ahmed Wada, Fagbemi said the NMS will identify and address areas where compliance falls short, develop strategies to raise awareness among the general public about the provisions and implications of the laws (the ACJA and ACJL).
He added that the NMS will equally aid the achievement of a benchmark for the implementation of ACJA and ACJL across the country to fast-track dispensation of justice.
Fagbemi assured that his office is committed to making large strides towards the advancement and reformation of our criminal justice system, particularly what participants identified as possible hindrances to the application of the NMS.
Some of the likely challenges, as noted by participants, include the issue of paucity of funds, monitoring and evaluation, technical infrastructure and the need to encourage judges to develop practice directions to resolve pre-trial issues of case management and other trial issues.
Why NMS is important
The Director, Administration of Criminal Justice and Reforms at the Federal Ministry of Justice, Mrs. Leticia Ayoola-Daniels noted that despite the enactment of the ACJA and ACJL by both the Federal and state governments, the criminal justice system still suffers some challenges.
Mrs. Ayoola-Daniels noted that the challenges experienced by the states and the Federal Government remain the same, which includes court congestion , unavailability of data, delayed trials and a lack of uniformity in criminal justice processes.
She added: “This is why we are gathered here today, to finalise a document that will not only serve as a standard template across jurisdictions but also drive uniformity and efficiency in the implementation of these laws.
“This initiative stemmed from the growing need for a unified framework that would address the persistent gaps in the implementation of the ACJA and ACJLs across the country.”
She explained that the National Working Committee “will play a crucial role in ensuring that these standards are adhered to, that best practices are shared, and that progress is continuously monitored and reviewed to meet the objectives of the establishment of the National Minimum Standards.”
Justice Tsoho is optimistic
The Chief Judge of the Federal High Court, Justice Tsoho noted that the nation’s criminal justice system still suffers from multiple challenges, but was optimistic that they could be effectively addressed with the commitment of all.
Represented by the second most senior judge of the court, Justice Gladys Olotu, Justice Tsoho, the NMS provisions are needed intervention that must be supported by all.
Justices Baba-Yusuf, Obanor on court automation
The Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Hussein Baba-Yusuf, stressed the importance of the urgent need for the adoption of technology in court operations.
Represented by Justice Josephine Obanor, Justice Baba-Yusuf said: “I have since discovered that automating the court system solves a lot of problems.”
He added that while the relevant authorities were still working on ways to automate all courts in the country, courts that handle criminal cases should be given priority.
Justice Obanor, who spoke about her experience, noted that some non-government organisations have been assisting in the automation of some courts, but said more still needs to be done in view of the many benefits of court automation.
“My court has been automated. I did it personally. I did it because I suffer the brunt of having to take record of proceedings for long hours with hand.
“You (the judge) are the one that will be writing. I have been writing for the past twenty something years. As a magistrate, I did 18 years and this is my fourth year as a judge. Writing in long hand is not easy.
Having automated my court, what are the successes? The National Judicial Council (NJC) required judges to submit six concluded cases three months. As at last week when I resumed (from the court’s annual vacation) I have delivered eight judgments already.
“Automation makes the work so seamless. But now, the problem is that lawyers now complain to the Chief Judge that I am moving too fast,” she said.
Justice Obanor added that with automation, records of proceedings are easily accessible, while cases are concluded within time.
She said with the judge having firm control of the courts and proceedings, and penalising negligence and indolence on the part of lawyers with heavy fines in the form of awarded costs, everyone will have no option than to comply with the case management scheduled that was drawn up at the pre-trial stage.
Akinseye-George’s intervention
The President of the Centre for Social Legal Studies (CSLS), one of the facilitators of the NMS, Professor Yemi Akinseye-George (SAN) urged all to adopt the NMS because of its capability to improve the implementation of the ACJA and ACJL across the states.
Akinseye-George added: “The National Minimum Standards is all about three things – consistency, efficiency and accountability.
“Since we are a federal system, we ought to have similar practices and this cannot be done by compulsion. It is by voluntary adoption, just as it happened with the ACJA, whereby 36 states of the federation have adopted the law.
“Now, having adopted the ACJA, we need to minimise the differences in all the various systems so that we can now have common standards by which we can conduct assessments. If the processes are different, it will be difficult to carry out any assessment,” he said.
Akinseye-George also shared Justice Obanor’s views about court automation and its many benefits, adding that the software needed for automation were available locally.
