AN APPRAISAL OF THE RIGHTS OF VICTIMS, WITNESSES AND DEFENDANTS UNDER
THE ADMINISTRATION OF CRIMINAL JUSTCE ACT (ACJA) 2015
BY
UNWANA IMOH BASSEY OBIOH
BU/17C/LAW/2723
BEING LONG ESSAY SUBMITTED TO THE FACULTY OF LAW BAZE UNIVERSITY,
ABUJA, IN PARTIAL FULFILMENT OF THE REQUIREMENT OF THE AWARD OF
LL.B DEGREE (Hons)
DECEMBER, 2020
DECLARATION
I, Unwana Imoh Bassey Obioh, declare that the work in this project titled ‘An Appraisal of the Rights
of Victims, Witnesses and Defendants under the Administration of Criminal Justice Act (ACJA)
2015’, has been carried out by me in the Department of Law, Faculty of law, Baze university, Abuja.
The information derived from the literature has been duly acknowledged in the text and a list of
references provided. No part of this project was previously presented for another degree or diploma
at this or any institution.
Unwana I. B. Obioh …..……...……………………………
(BU/17C/LAW/2723) Date and signature
II
CERTIFICATION
This Project titled ‘An Appraisal of the Rights of Victims, Witnesses and Defendants under the
Administration of Criminal Justice Act (ACJA) 2015’ by Unwana Imoh Bassey Obioh
(BU/17C/LAW/2723) meets the regulations governing the award of the degree of LL.B Degree
(Hons) of The Faculty of Law, Baze University, Abuja, and it is approved for its contribution to
knowledge and literary presentation.
Salma Aliyu Dutse ……………………… …………………………
Supervisor Signature Date
Dr Zuhair Jibril ……………………… …………………………
Head of Department Signature Date
Dr Kathleen Okafor ……………………… …………………………
Dean, Faculty of Law Signature Date
External Supervisor ……………………… …………………………
Signature Date
III
DEDICATION
To the Lord Jesus Christ who inspired and began this work, ending it with success in his name.
IV
ACKNOWLEDGEMENT
This work would never have been completed without the efforts of my supervisor, Ms. Salma Aliyu
Dutse. I give my sincere appreciation for her patience and understanding, especially, in spite of all
she had to do at the time.
Additional thanks to my lecturers over the years, particularly, Mr. Dayo Ashonibare, whose teaching
actually inspired this topic. I also want to appreciate Prof. Emmanuel Okon and Dr. Sylvanus
Barnabas for their own contributions, guidance and support.
Finally, my most heartfelt gratitude to my family. My father, Dr. Imoh Bassey Obioh, for his constant
support and guidance, my mother Dr. Gloria Imoh Bassey Obioh for her love, encouragement and
prayers and my siblings Ms. Eme Imoh Bassey Obioh and Ms. Uduak Imoh Bassey Obioh for all
their care. Their unwavering belief in my person throughout the writing of this project was extremely
precious to me and allowed me to pull through successfully.
V
ABSTRACT
This long essay aims to examine the existence of rights, under the provisions of the Administration
of Criminal Justice Act (ACJA) 2015, accorded to victims of crime, witnesses in criminal proceedings
and criminal defendants and analyze them through comparison with both the antecedence of Nigerian
administration of criminal justice as well as global and international standards on these rights through
a qualitative doctrinal research of said Act. The purpose of this is to explore the provisions of the
ACJA to investigate whether the Act lives up to the many accolades it has received from legal scholars
and jurists since its enactment. This is because, the furtherance of the rights and interests of such
parties – victims and defendants especially – is part of the purpose set out in section 1 of the Act. In
addition, this long essay will examine if the Act is in line with global and international standards to
accord a set of rights to witnesses, a class of parties to criminal proceedings who is not covered by
the innovative purport of the ACJA.
In order to achieve the above research objectives, this long essay has explored the Nigerian
administration of criminal justice system, from the precolonial era of criminal justice administration
and examine the evolutions until the present regime of the ACJA. The purpose is to provide a
background and foundation for the evaluation of how much progress the system has made due to its
enactment. This long essay then identified the established rights of the concerned parties
internationally as well as the rights provided for by the ACJA in order to demonstrate how well the
Act has done in comparison to these standards, which are the goals of States in the present global
legal climate. After identifying the aforementioned facts, this long essay then undertaken a critical
analysis on the performance of the ACJA regarding the provided rights of each class of individuals
researched upon.
On this, the long essay posits that the ACJA has achieved much in comparison to both its past and its
goals for the future. However, some critical observations and findings as to its specific performance
regarding each party concerned will be highlighted. As a result of the findings in this study, this long
essay recommends amendments to the Act regarding the rights of victims and witnesses as well as
towards elevating the status of witnesses under the Act. It is believed that this will go a long way in
moving the Nigerian administration of criminal justice system closer to the goal of meeting global
and international standards.
Keywords: ‘Administration of Criminal Justice Act’, ‘Rights’, ‘Victim’, ‘Witness’, ‘Defendant’.
VI
TABLE OF CONTENTS
Contents
TITLE PAGE…………………………………………....……………………………………………………………...…….………I
DECLARATION ............................................................................................................................................... II
CERTIFICATION ........................................................................................................................................... III
DEDICATION ................................................................................................................................................ IV
ACKNOWLEDGEMENT ................................................................................................................................. V
ABSTRACT .................................................................................................................................................... VI
TABLE OF CONTENTS ............................................................................................................................... VII
LIST OF ABBREVIATIONS ......................................................................................................................... IX
TABLE OF CASES ......................................................................................................................................... XI
TABLE OF STATUTES ................................................................................................................................ XII
CHAPTER ONE: GENERAL INTRODUCTION
1.1 BACKGROUND OF THE STUDY ................................................................................................ 13
1.2 STATEMENT OF THE PROBLEM ................................................................................................. 2
1.3 AIMS AND OBJECTIVES OF THE STUDY .................................................................................. 4
1.4 SCOPE AND LIMITATION OF THE STUDY ............................................................................... 5
1.5 SIGNIFICANCE OF THE STUDY .................................................................................................. 6
1.6 RESEARCH METHODOLOGY ...................................................................................................... 6
1.7 LITERATURE REVIEW .................................................................................................................. 7
1.8 SYNOPTIC ANALYSIS OF CHAPTERS ..................................................................................... 12
CHAPTER TWO: CONCEPTUAL CLARIFICATION OF ESSENTIAL TERMS
2.1 CHAPTER INTRODUCTION ........................................................................................................ 13
2.2 MEANING OF ADMINISTRATION OF CRIMINAL JUSTICE ................................................. 14
2.3 MEANING OF RIGHT ................................................................................................................... 15
2.4 MEANING OF VICTIM ................................................................................................................. 16
2.5 MEANING OF WITNESS .............................................................................................................. 17
2.6 MEANING OF DEFENDANT ....................................................................................................... 20
2.7 CHAPTER CONCLUSION ............................................................................................................ 21
VII
CHAPTER THREE: HISTORICAL DEVELOPMENT OF ADMINISTRATION OF CRIMINAL JUSTICE
IN NIGERIA
3.1 CHAPTER INTRODUCTION ........................................................................................................ 22
3.2 THE PRECOLONIAL ERA ............................................................................................................ 22
3.3 THE COLONIAL ERA ................................................................................................................... 23
3.4 THE POSTCOLONIAL ERA ......................................................................................................... 25
3.5 THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) ERA ................................... 26
3.5.1 History of The ACJA ............................................................................................................... 26
3.5.2 Purpose, Content and Structure of The ACJA ......................................................................... 27
3.6 CHAPTER CONCLUSION ............................................................................................................ 29
CHAPTER FOUR: THE RIGHTS OF VICTIMS, WITNESSES AND DEFENDANTS UNDER THE
ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) 2015
4.1 CHAPTER INTRODUCTION ........................................................................................................ 30
4.2 THE RIGHTS OF VICTIMS UNDER THE ACJA ........................................................................ 30
4.3 THE RIGHTS OF WITNESSES UNDER THE ACJA .................................................................. 35
4.4 THE RIGHTS OF DEFENDANTS UNDER THE ACJA .............................................................. 38
4.5 CHAPTER CONCLUSION ............................................................................................................ 42
CHAPTER FIVE: CONCLUSION
5.1 OBSERVATIONS AND FINDINGS ............................................................................................. 43
5.2 SUMMARY .................................................................................................................................... 45
5.3 RECOMMENDATION(S) .............................................................................................................. 46
5.4 FINAL CONCLUSION ................................................................................................................... 48
BIBLIOGRAPHY/REFERENCES ......................................................................................................... XXXIII
VIII
LIST OF ABBREVIATIONS
1. ACJA – Administration of Criminal Justice Act, 2015
2. ALL NLR – All Nigeria Law Reports
3. Anor. – Another
4. CA – Court of Appeal
5. Cap. – Chapter
6. CCCJ – Court of Civil and Criminal Justice
7. CFRN – Constitution of the Federal Republic of Nigeria, 1999 (As Amended) 2011
8. CPA – Criminal Procedure Act
9. CPC – Criminal Procedure Code
10. DPP – Director of Public Prosecution
11. E.A. – Evidence Act, 2011
12. ed. – Edition
13. etc. – Etcetera (including other things)
14. FRN – Federal Republic of Nigeria
15. GJISS – Global Journal of Interdisciplinary Social Sciences
16. Hon. – Honourable
17. i.e. – That is
18. Ibid. – Above
19. IPO – Investigating Police Officer
20. JSC – Justice of the Supreme Court
21. LFN – Law(s) of the Federation of Nigeria
22. LPELR – Law Pavilion Electronic Law Report
23. NLR – Nigerian Law Report
24. NWLR – Nigeria Weekly Law Report
25. Op. Cit. – Opere Citato (in the work cited)
26. Para. – Paragraph
27. Pg. – Page
28. P. – Page
29. Pp. – Page
30. Pt. – Part
31. SC – Supreme Court
32. Supra. – Above
IX
33. UN – United Nations
34. UNLSJ – University of Nigeria Law Students Journal
35. UNODC – United Nations Office on Drugs and Crime.
36. U.S.A. – United States of America
37. US – United States
38. v – Versus or Against (used in citing case law)
39. Vol. – Volume
40. WACA – West African Court of Appeal
X
TABLE OF CASES
Case Page(s)
1. Aminu Ogwuche v Federal Republic of Nigeria (2013)-------------------------------------------37, 38
2. Gabriel Torwua Suswam v Federal Republic of Nigeria and Anor. (2020) LPELR 49524 C.A.-43
3. Godwin Josiah v the State (1985) I NWLR 125------------------------------------------------------2, 10
4. Kabiru Umar v Federal Republic of Nigeria (2013)------------------------------------------------10, 37
5. Okon v The State (1988) 1 NWLR Pt 69---------------------------------------------------------------------------18
6. Sambo Dasuki v Federal Republic of Nigeria (2018) LPELR 43969 C.A.--------------------------37
7. Suraju and Olanrewaju v The State (2020) LPELR 49569 S.C.---------------------------------------43
8. R v Okoye (1950) 19 NLR 103--------------------------------------------------------------------------------------17
XI
TABLE OF STATUTES
Statute Page(s)
1. Administration of Criminal Justice Act, 2015-----------------------------------------------------------1,
2, 3, 4, 5, 7, 8, 8, 10, 11, 12, 13, 22, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43,
44, 45, 46, 48
2. Criminal Code Act------------------------------------------------------------------------------------------7,
22, 24, 26
3. Criminal Procedure Act Cap. C41 LFN, 2004-----------------------------------------------------------2,
3, 4, 5, 7, 8, 26, 27, 28, 30, 32, 33, 34, 43, 45, 46
4. Criminal Procedure Code Cap. C42 LFN, 2004---------------------------------------------------------2,
3, 4, 6, 7, 8, 26, 27, 28, 30, 32, 33, 34, 43, 45, 46
5. Constitution of the Federal Republic of Nigeria, 1999 (As Amended) 2011 Cap. C23 LFN, 2004-
-7, 25, 38, 39, 41, 42
6. Corrupt Practices and Other Related Offences Act, 2000---------------------------------------------36
7. Evidence Act, 2011-------------------------------------------------------------------------------------17, 18
8. Penal Code Act --------------------------------------------------------------------------------------------7,
22, 24, 26, 32, 33
9. Terrorism Prevention (Amendment) Act, 2013-----------------------------------------------------36, 37
10. United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power, General Assembly Resolution 40/34 of 29 November 1985-----------------------------16, 17
XII
CHAPTER ONE: GENERAL INTRODUCTION
1.1 BACKGROUND OF THE STUDY
As a country with deep cultural history and ancient ethnic civilizations, Nigeria’s administration of
criminal justice system dates back to the pre-colonial times in African antiquity. Before the European
conquest and division of the African continent, the ethnic nations that built their civilizations in the
region known as Nigeria today had their various social operations and systems, including one to
administer criminal justice: ‘Customary law’. Nigeria’s administration of the criminal justice system
in the precolonial era was predominated by the procedure of using local chiefs, tribunals, deities and
their priests.1 The criminal procedure governed by customary law was chiefly adversarial with the
burden of proof placed on the accused, who, in today’s legal context, was deemed guilty until proven
innocent.2
In the present era, however, things are vastly different. The current legal scene is dominated by
statutes and legislations inspired by the English legal system but is constantly being revamped and
reformed for the laws to conform to the current indigenous Nigerian values. Thus, it is no secret or
surprise that the Nigerian legal system – and the administration of the criminal justice system by
extension – has gone through an enormous evolution. The kinds of rights and obligations existing
now are not exactly as they were in precolonial times. An apt indication of this evolution is the
recently enacted Administration of Criminal Justice Act (ACJA) 2015.3
The ACJA is a statute that truly marks a new era for the Nigerian legal system – and the administration
of the criminal justice system by extension. It has been praised by many scholars as revolutionary
legislation in the Nigerian legal extraction because of its various innovative provisions which
according to many, 4 have done much in pushing Nigeria forward onto the desired goal of meeting up
with international and global standards.5 A large number of these innovative provisions involve or
constitute the enforcement of human rights and other constitutional rights which have been violated
1 See S.G. Barnabas, A. N. Obeta, ‘An Examination of the Coexistence of Statutory and Customary Criminal Law in
Nigeria’ in International Journal of Social Sciences. 2 See O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice
Systems: Nigeria P.169658. 3 Enacted in May 2015. 4 See M. L. Garba, ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and Way Forward’ in National
Association of Judicial Correspondents Lecture, 2017; See also Y. Akinseye-George, ‘Summary of Some of the Innovative
Provisions of the Administration of Criminal Justice Act (ACJA) 2015’. 5 Ibid.
1
and unprotected by the previous legal regimes;6 additionally, they accord a new variety of rights to
certain classes of parties whose interests the Act has purposed to cater for. There is, however, a need
to truly understand the provided/accorded rights especially relative to the history of the ACJA in the
CPA and CPC, its purposes and international and global standards.
1.2 STATEMENT OF THE PROBLEM
Section 1, the long title and the explanatory memorandum of the Act states that:
This Act provides for the administration of criminal justice system which promotes efficient
management of criminal justice institutions, speedy dispensation of justice, protection of the
society from crime and protection of the rights and interest of the suspect, the defendant and
victims in Nigeria.7
According to the above, the classes of parties whose interests the Act has purposed to cater to include
suspects of crime, criminal defendants and victims of crime. Tritely, these are all important parties in
criminal proceedings, however, there are a few points of concern. The first is the exclusion of
witnesses from this selection. In comparison to suspects, witnesses are a more important class of
parties to criminal proceedings; they are a powerful source of evidence and are fully engaged in the
most active part of trials. As such, it is puzzling that the ACJA did not include them as parties whose
interests are important enough to be statutorily catered for. The scenario is contrary to the established
dictum of Oputa J.S.C (as he then was) in the case of Godwin Josiah v the State,8 wherein he said
that:
Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even, only a
two-way traffic. It is justice for the defendant accused of a heinous crime of murder; it is justice
for the victim, the murdered man, i.e. the deceased ‘whose blood is crying to the high heavens for
vengeance’; and finally it is justice for the society at large – the society whose social norms and
values had been desecrated and broken by the criminal act complained of… that justice which
seeks only to protect the appellant is not even-handed justice… but justice sacrificed at the shrine
of guilt.9
6 See Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to
Criminal Cases Adjudication in the Federal High Court’. 7 See section 1 ACJA. 8 (1985) I NWLR 125. 9 Ibid. per Oputa JSC.
2
While this statement itself does not include witnesses, it reflects the importance of considering the
interests of all parties who are directly or indirectly affected by the committed crimes. Also, Nigeria
is currently a developing third world country, and like other countries of this class, has constraints in
terms of being able to meet up with international and global standards on many fronts. The direct
implication of this fact – especially on the administration of the criminal justice system – is that the
state of the nation has a vastly negative difference from the expected global standards. One such
standard is state protection and compensation of delicate individuals, these may be the crime victims,
the witnesses, – especially first-hand witnesses – or the defendant(s); naturally, the party or parties to
be accorded these rights differ according to the different cases. However, it is a standard that some
basic levels of these rights be accorded to victims, witnesses and defendants in all cases. As such,
Nigeria’s all-around difficulty in meeting up with global standards poses a problem in light of the
provisions of the ACJA concerning these rights. Of course, it may well be that the revolutionary
ACJA has brought Nigeria up this particular pedestal, but that is debatable.
Finally, the fact that the ACJA has continuously been lauded as revolutionary and innovative poses
an issue in itself. Is this assertion true? If so, how true is this assertion? And relative to what terms
between Nigeria’s administration of the criminal justice system’s history – the CPA and CPC – and
the international and global standards on the administration of criminal justice is this assertion true?
These questions need to be answered as a focal point on what will come next in the development of
Nigeria’s legal system going forward. Will the ACJA play a role in that as leading legislation due to
being good enough or will it join the scores of statutes that require reformation? These and other
related issues are the focus of the study for which this long essay is written.
1.3 AIMS AND OBJECTIVES OF THE STUDY
In response to the identified issues in part 1.2 of this chapter, the study for which this long essay is
written was conducted with the following objectives in mind:
i. To find out the provisions of the ACJA on victims of crime, witnesses in criminal
proceedings and criminal defendants.
ii. To find out whether or not the ACJA accorded rights to victims of crime, witnesses in
criminal proceedings and criminal defendants.
iii. To find out the exact nature of rights accorded to victims of crime, witnesses in criminal
proceedings and criminal defendants by the ACJA if any.
3
iv. To find out whether the ACJA’s exclusion of witnesses from the classes of parties whose
interest the Act is purposed to cater for was reflected in its provisions on witnesses.
v. To find out what status the provisions of the ACJA on victims of crime, witnesses in
criminal proceedings and criminal defendants hold in comparison to the relevant
provisions of the CPA and CPC. Can they be considered superior, similar or inferior?
vi. To find out whether or not the provisions of the ACJA on victims of crime, witnesses in
criminal proceedings and criminal defendants can be considered as up to international and
global standards.
Thus, the aims of this study, in brief, are:
i. To examine the provisions of the ACJA on the rights of victims of crime, witnesses in
criminal proceedings and criminal defendants;
ii. To analyse the wholesomeness and propriety of these provisions in light of the CPA and
CPC, the purpose of the ACJA as well as the international and global standards for these
rights; and
iii. To conclude, based on the above, on the relative truth of the popular assertion that the
ACJA is innovative legislation that pushes Nigeria closer to meeting up with international
and global standards.
1.4 SCOPE AND LIMITATION OF THE STUDY
The study for which this long essay is written, covered the evaluation of the rights of victims,
witnesses and defendants, as provided for by the ACJA – in general. The scope of the study stems
from an understanding of the ACJA from the viewpoint of Nigeria’s administration of criminal justice
history and extends to examining its provisions concerning the aforementioned intended subjects
matter and making analysis on the wholesomeness and propriety in comparison to the ACJA’s
antecedent legislations – the Criminal Procedure Act (CPA)10 and Criminal Procedure Code (CPC)11
– as well in comparison to international and global standards on said issues.
However, the study is limited as the above analyses will be based on purely doctrinal research as the
research only involves the analysis of legislation and legal writing. The lack of a social experiment
limits the study in terms of the inability to gauge the accuracy of the results of the study through
observations of the situation reality; thus this study only qualifies as theoretical analysis. Additionally,
10 Cap. C41 LFN 2004. 11 Cap. C42 LFN 2004.
4
due to factors mainly involving the novelty of the ACJA – which has been in force for five years –
there is a dearth of case law on the intended subjects matter. This will reflect in the minimal reference
to and analysis of cases in this long essay. Furthermore, the novelty of the ACJA also influences the
number of writings done on it and the intended subjects matter. All the work previously done on the
intended subjects matter are contained in articles, which are difficult to access. Of course, there is a
possibility that there may be some work or writing done in a book(s), however, the research was
unable to confirm that. Finally, the study is limited due to the short period of research, spanning
roughly three (3) months; the limited time handicapped the research, making it unable to fully explore
the work previously done on the intended subjects matter, for a more thorough analysis.
1.5 SIGNIFICANCE OF THE STUDY
The study for which this long essay is written as aforementioned covers a bevvy of issues which can
be considered important or very important, depending on the audience reading this essay. It is
justified, firstly, in that it will solve one of the problems that plague many parts of the Nigerian legal
system: the ignorance of the Nigerian citizens. This study will provide enlightenment on what the
rights of victims, witnesses and defendants should be and what these rights are under the ACJA. The
import of this is to provide a clear indication of how far Nigeria has left to trudge on the journey of
meeting up with international and global standards. Additionally, this study will provide some insight
on what areas need to be improved as well as the way forward for the administration of criminal
justice in Nigeria. This study is important as it will do an extensive analysis of the provisions of the
ACJA concerning the intended subjects matter, this study should serve as constructive criticism to
the drafters of the ACJA by identifying the gaps and loopholes in the relevant provisions. Finally,
due to the novelty of the Act and the issues surrounding it, this study is considered as a study in an
emerging area and thus, will contribute to the knowledge on the intended subjects matter.
1.6 RESEARCH METHODOLOGY
The research method used for this study is purely doctrinal research including observational,
evaluative and analytical research methods. Doctrinal research focuses on strictly legal element. This
is true of the study for which this long essay is written. Besides being doctrinal, the research also
applies a qualitative research method, rather than a quantitative one, opting to focus on the analysis
of specific sources. The main primary source used for this research is the Administration of Criminal
Justice Act (ACJA) 2015. Additional sources are the Criminal Procedure Act (CPA) 2004, the
5
Criminal Procedure Code (CPC) 2004 and a few international treaties and conventions of the United
Nations for evaluative and analytical purposes. Then the ancillary sources include internet, essays,
articles and judicial authorities.
No extra-legal or empirical elements were included in the research. This research is limited in that it
only qualifies as theoretical work. The lack of any extra-legal elements including social research,
makes it almost impossible to assess the accuracy or inaccuracy of the theoretical conclusions of
doctrinal research in comparison to the real situation. Finally, in the course of conducting the study,
the research adhered to the rules on plagiarism and the maintenance of human rights, especially
intellectual property rights.
1.7 LITERATURE REVIEW
1.7.1 ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA
The Administration of Criminal Justice in Nigeria has undergone over a century of evolution between
the end of the precolonial era and the present age. Precolonial Nigeria was governed by what is today
known as Customary Law. Woodman in ‘African Legal Systems’12 defines customary law as ‘the
aggregate of unwritten normative rules which bind the members of a specific community or ethnic
nation’.13 It was the most essential – legal – element of the precolonial Nigerian societies. According
to Smith in ‘Peace and Palaver: International Relations in Precolonial West Africa’14 customary law
governed every aspect of the societies.15
The administration of criminal justice system in precolonial Nigeria is the furthest in difference from
the contemporary system. It was during the colonial era, when the British Colonial Government
introduced their laws and legal system to the territories which now form Nigeria, that the present
system begun to take shape. This started with the institution of a legislative council for law making
purposes which established the first courts and police.16 After the end of the colonial era, in 1958 at
the first Constitutional Conference for an indigenous Nigerian constitution, a decision was taken to
12 G. R. Woodman, ‘African Legal Systems’, in J.D. Wright, International Encyclopaedia of the Social and Behavioural
Sciences (2nd ed. Elsevier, 2015). 13 Ibid at p. 272; see also C. O. Okonkwo and Naish, ‘Criminal Law in Nigeria’ (2003) Spectrum. 14 R. Smith, ‘Peace and Palaver: International Relations in Precolonial West Africa’ (1973) 14 Journal of African
History. 15 Ibid. at p. 600. 16 O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems:
Nigeria P.169659.
6
abolish customary law.17 However, this ended up largely successful as even the present constitution18
in section 36 (12) provides as follows:
Subject as otherwise provided by this constitution, a person shall not be convicted of a criminal
offence unless that offence is defined by and the penalty therefore is prescribed in written law,
and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State,
any subsidiary legislation or instrument under the provisions of a law.19
It is, despite this, possible for customary law to remain as long as such a law is codified through
judicial precedent or as part of law. In this era, Nigeria developed her indigenous legislations and
came up with the Criminal Code and Penal Code as the substantive laws governing Southern and
Northern Nigeria respectively, and the Criminal Procedure Code (CPC)20 and Criminal Procedure
Act (CPA)21 as the procedural law governing the respective regions of the country. These legislations
have done hard work in sustaining the Nigerian criminal Justice system throughout the postcolonial
era. However, a new era was established recently. The Administration of Criminal Justice Act (ACJA)
2015 was enacted to repeal and replace the CPA and CPC in governing criminal procedure at the
federal level.
1.7.2 THE ADMINISTRTION OF CRIMINAL JUSTICE (ACJA) 2015
The ACJA was a brain-child of the Nigerian criminal justice administration reforms which began in
2005, enacted to repeal and replace the then, leading legislations on criminal procedure in Nigeria:
The CPA and CPC. According to Akinseye-George in ‘The Administration of Criminal Justice Act
(ACJA) 2015: An Overview in Relation to Criminal Cases Adjudication in the Federal High Court’22
on the replacement of the CPA and CPC by the ACJA that:
These laws have been in application for many decades without significant improvement. Over the
years, defence lawyers have perfected the art of exploiting the loopholes in these laws to the
advantage of their clients. As a result, the criminal justice system of the country has lost its
capacity to respond quickly to the needs of the society: To check the rising waves of crime,
speedily bring criminals to book and protect the victims of crime. The ACJA 2015 responds to
Nigeria’s dire need of a new legislation that could transform the criminal justice system to reflect
17 A. O. Alubo, ‘Modern Nigerian Criminal Law’ (2014) University of Jos Press. 18 Constitution of the Federal Republic of Nigeria 1999 (As amended) 2011. 19 Ibid. at section 36 (12). 20 Ibid. at 11. 21 Ibid. at 10. 22 Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to Criminal
Cases Adjudication in the Federal High Court’.
7
the true intents of the Constitution and the demands of a democratic society; eliminate
unacceptable delays in disposing of criminal cases and improve the efficiency of criminal justice
administration. The Act makes a deliberate attempt to strengthen the hand of judges and restore
their rightful position as the driver of criminal justice administration.23
He highlights many gaps and issues with the CPA and CPC as well as the purpose of the ACJA to
remedy those issues. Many writers and scholars, including Akinseye-George, have lauded the ACJA
as a revolutionary and innovative legislation due to its having many legislations which can be
considered as novel and ground breaking, from the perspective of Nigeria’s administration of criminal
justice history. On this, Garba in ‘Administration of Criminal Justice Act 2015: Innovations,
Challenges and Way Forward’24 mentioned that:
Over the many years of the existence and operation of these legislations, the criminal justice
system in Nigeria was in a state of perpetual decline, the legislations had loopholes, voids and
inconsistencies, such that it was effulgent that they could not address the rising needs of society
in a democratic government. The ACJA was therefore welcomed with an air of relief as it makes
affiances of speedily bringing criminals to book as well as protecting the victims of crime;
amongst other things. This was a commitment yearned for by the entire criminal justice
administration sector and the society at large… This purpose as set out in section 1 is indicative
of a paradigm shift in the criminal justice system; from the punitive approach to a restorative one,
with the needs of the society, victims, vulnerable persons and human dignity at the forefront. As
a result, the ACJA has introduced innovations, which aims to enhance the efficiency of the
criminal justice system.25
Writers make reference to the ‘innovations’ of the ACJA in their writing, especially Akinseye-
George, who has written quite a number of works on the ACJA. In his work, ‘Summary of Some of
the Innovative Provisions of the Administration of Criminal Justice Act (ACJA) 2015’26 Akinseye-
George highlights these innovations some of which include the codification of the suspect’s right to
receive notice of the cause of the arrest, the codification against arrest in civil proceedings, the
mandatory inventory of property by the police, the establishment of a police criminal records registry
for the purpose of the above point, the codification of the electronic documentation of confessional
statements, the codification against the discrimination against female sureties, the introduction of the
23 Ibid. at p. 8. 24 M. L. Garba, ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and Way Forward’ in National
Association of Judicial Correspondents Lecture, 2017. 25 Ibid at p. 1-2. 26 Y. Akinseye-George, ‘Summary of Some of the Innovative Provisions of the Administration of Criminal Justice Act
(ACJA) 2015’.
8
plea bargain system, the introduction of the fast-tracking of trials, the introduction of witness
protection and victim compensation, the introduction of the electronic recording of court proceedings
and the introduction of non-custodial sentencing.27
The ACJA is doubtless a unique legislation in Nigeria; the Long title – in corroboration with Section
1 of the Act – states:
This Act provides for the administration of criminal justice system which promotes efficient
management of criminal justice institutions, speedy dispensation of justice, protection of the
society from crime and protection of the rights and interest of the suspect, the defendant and
victims in Nigeria.28
Essentially, the ACJA governs criminal justice administration matters in Federal courts to promote
the rights of suspects, defendants and victims in Nigeria; a great difference from the normally
defendant focused system of customary law in precolonial Nigeria. In order to further this purpose
the Act provides for the establishment of a regulatory body: ‘The Administration of Criminal Justice
Monitoring Committee’29 which would be responsible for ensuring effective compliance with the
provision of the Act and management of the relevant criminal justice institutions.
1.7.3 VICTIMS UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT
(ACJA) 2015
Victims are the most fragile class of individuals catered for by the ACJA. A plethora of rights and
privileges new to the Nigerian criminal justice system were accorded to victims of crime by the
ACJA. Obiora in ‘Re-Victimization of Victims of Crimes under the Nigerian Criminal Justice
System’30 also mentioned that:
The essence of Criminal Justice Administration is to reduce crime or incidence of crime in the
society to barest minimum and to restore the balance following the disruption of social order by
the criminal act. Justice in this sense is not just for the accused person, it is also for the victim as
well as the society. The actualization of this form of justice is a complex and intriguing process.31
27 Ibid. at p. 3-22. 28 See section 1 ACJA. 29 See Section 470 ACJA; see also A.R. Emma, ‘An Appraisal of the Administration of Criminal Justice Act, 2015’. 30 See N. I. Obiora, ‘Re-Victimization of Victims of Crimes under the Nigerian Criminal Justice System’ University of
Nigeria Law Students Journal (UNLSJ), Vol. II (2015), pp. 54-66. Accessed [Online] at:
https://www.academia.edu/35079485/RE_VICTIMIZATION_OF_VICTIMS_OF_CRIMES_UNDER_THE_NIGERIA
N_CRIMINAL_JUSTICE_SYSTEM. Accessed 15th November, 2020. 31 Ibid. at pp. 55.
9
Additionally, observe the established dictum of Oputa J.S.C (as he then was) in the case of Godwin
Josiah v the State,32 wherein he said that:
Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even, only a
two-way traffic. It is justice for the defendant accused of a heinous crime of murder; it is justice
for the victim, the murdered man, i.e. the deceased ‘whose blood is crying to the high heavens for
vengeance’; and finally it is justice for the society at large – the society whose social norms and
values had been desecrated and broken by the criminal act complained of… that justice which
seeks only to protect the appellant is not even-handed justice… but justice sacrificed at the shrine
of guilt.33
It is the clamour of writers and jurists like these that formed a big part of the push for the furtherance
of the rights of and remedies for victims of crime; the ACJA recognized the importance of such
opinions by making satisfactory provisions of rights for victims of crime as will be discussed in
chapter four of this long essay.
1.7.4 WITNESSES UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE
ACT (ACJA) 2015
The provisions of the ACJA are not purposed – as mentioned in section 1 of the Act – to further the
interests of witnesses. However the Act still makes provisions for them. The provisions of the ACJA
regarding the rights of witnesses are simply the right to compensation for their time and travel as well
as a limited witness protection. In Kabiru Umar v FRN [2013],34 the defendant was charged for the
bombing of a church in Niger State on the 25th of December 2011, killing forty-five and wounding
seventy-five persons. During the trial, the Court employed the use of masks and pseudonyms on
witnesses and also excluded the public from the courtroom as a form of protection. The defendant
was eventually convicted and sentenced to life imprisonment in 2013.35 These are the kinds of
provisions made by the ACJA concerning victims and these provisions will be analysed in more
detail, further on in chapter four of this long essay.
32 Ibid. at 9. 33 Ibid. per Oputa JSC. 34 Unreported. Accessed [Online] at: https://www.vanguardngr.com/2013/12/catholicchurch-bombing-court-sentences-
kabiru-sokoto-life-imprisonment/. 35 Ibid.
10
1.7.5 DEFENDANTS UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE
ACT (ACJA) 2015
Defendants have been the focus of the Nigerian criminal justice system since precolonial times. As
the system continues to develop and evolve, numerous rights have been accorded to this class of
individuals who have for so long remained the focus of criminal justice administration. The basic
rights of defendants has been extrapolated by Odekunle36 following:
From Statutory provisions, through procedural laws, to penal sanctions modern criminal justice
systems appear to emphasis the safe-guarding of the rights and interests of offenders… From
arrest to sentencing and after, the offender has the right to be cautioned before making a statement,
right to remain silent, right to bail, right to innocence until proven guilty, right to fair hearing,
right to counsel, right to appeal and be heard, right to human and decent treatment in prison etc.37
1.8 SYNOPTIC ANALYSIS OF CHAPTERS
The title of this long essay and topic of the study conducted prior is: ‘An Appraisal of the Rights of
Victims, Witnesses and Defendants under the Administration of Criminal Justice Act (ACJA) 2015’.
Chapter one (1) of this long essay as titled, is simply a general introduction to the long essay and the
study conducted prior, for which this long essay is written. It contains a background of the study, a
statement of the problem which prompted the research, the aims and objectives of the study, the scope
and limitations of the study, the significance of the study, an outline of the research methodology, a
brief and concise literature review of the main sources of the study and a brief outline of all the
chapters of this long essay.
Chapter two (2) of this long essay is titled ‘Conceptual Clarification of Essential Terms’ and as
described covers the definitions and detailed explanations of the essential terms of this long essay and
the study conducted prior. The general terms defined and explained in the chapter are:
a. The meaning of Administration of Criminal Justice;
b. The meaning of a right;
c. The meaning of a victim;
d. The meaning of a witness; and
36 (2005). 37 See also E. Eluwa ‘Witnesses, Experts and Victims: Imperatives for The Criminal Justice System in Nigeria’ DPP IMO
STATE, PUBLICATION. Accessed [Online] at:
http://biblioteca.cejamericas.org/bitstream/handle/2015/3732/Eluwa.pdf?sequence=1&isAllowed=y. Accessed 30th
October, 2020.
11
e. The meaning of a defendant.
Chapter three (3) of this long essay is titled ‘Historical Development of The Administration of
Criminal Justice System in Nigeria’ and explains the evolution of the administration of criminal
justice system in Nigeria from pre-colonial times until the enactment of the Administration of
Criminal Justice Act (ACJA) 2015. The chapter is divided into three main parts signalling the
transition of periods and the evolution of Nigeria’s administration of the criminal justice system from
the pre-colonial era to the colonial-era, to the postcolonial and pre-ACJA era and now the ACJA era.
Chapter four (4) of this long essay is titled ‘The Rights of Victims, Witnesses and Defendants under
The Administration of Criminal Justice Act (ACJA) 2015’, quite similar to the title of the long essay.
The chapter focuses on identifying the rights of victims of crime, witnesses in criminal proceedings
and criminal defendants under the ACJA and making analysis based on the aims and objectives of
the study set out in part 1.3 of this chapter. Its subheadings are broadly divided into ‘The Rights of
Victims’, ‘The Rights of Witnesses’ and ‘The Rights of Defendants’.
Chapter five (5) of this long essay is as titled the ‘Conclusion’ of both the long essay and the study
conducted prior. It contains observations and findings made in the course of research, a summary of
the work, recommendations and the final conclusion of the long essay.
12
CHAPTER TWO: CONCEPTUAL CLARIFICATION OF
ESSENTIAL TERMS
2.1 CHAPTER INTRODUCTION
The Nigerian administration of criminal justice system is a relatively new one on the world stage;
despite this fact, it has over the past century undergone tremendous changes and evolved into
something completely different. The Administration of Criminal Justice Act (ACJA) 2015 is a crucial
marker of Nigeria’s administration of criminal justice in the 21st century and is the focus of the
discussion in this long essay. This chapter is written to give detailed explanations on essential terms
and concepts relevant to this long essay and the study conducted prior, for which it was written.
2.2 MEANING OF ADMINISTRATION OF CRIMINAL JUSTICE
Administration in the context of the administration of criminal justice is the act or process of
administering something.38 To administer is to give, provide or dispense.39
Crime is an illegal act or activity for which the defaulter will be punished by the government.40
According to the Black’s Law Dictionary, ‘Crime’ is an act that the law makes punishable or the
breach of a legal duty treated as the subject matter of a criminal proceeding41 i.e. it is a violation of
the law for which there is punishment. ‘Crime is defined as an act or omission which is unjust and is
imputable to its author, and which disturbs the social order.’42
Justice is a broad and abstract concept that is largely difficult to define. According to Kelsen, ‘No
other question has been the object of so much intensive thinking by the most illustrious thinkers from
Plato to Kant; and yet, this question today as unanswered as it ever was’. However, although the
broad concept of justice has remained in controversy as to its exact, most appropriate or standard
38 See Merriam-Webster, ‘Administration’ Merriam-Webster.com Dictionary. Accessed [Online] at:
https://www.merriamwebster.com/dictionary/administration Accessed on 15th November, 2020; see also Cambridge,
‘Administration’ Dictionary.Cambridge.org, Accessed [Online] at:
https://dictionary.cambridge.org/dictionary/english/administration. Accessed on 15th November, 2020. 39 See Merriam-Webster, ‘Administer’ Merriam-Webster.com Dictionary. Accessed [Online] at: https://www.merriam-
webster.com/dictionary/administer. Accessed on 15th November, 2020. 40 See Merriam-Webster, ‘Crime’ Merriam-Webster.com Dictionary. Accessed [Online] at: https://www.merriam-
webster.com/dictionary/crime; see also Cambridge, ‘Crime’ Dictionary.Cambridge.org, Accessed [Online] at:
https://dictionary.cambridge.org/dictionary/english/crime?q=Crime. Accessed on 15th November, 2020. 41 See Black’s Law Dictionary. 11th edition. St. Paul, MN: West Publishing Group, 2019. 42 See J.J. McGrath, ‘The definition of crime’ Ecclesiastical Criminal Law (1957) at pp. 11.
13
meaning, the various branches of justice have their definitions coined for them. For this long essay,
the focus is on ‘Criminal Justice’. The Black’s Law Dictionary defines criminal justice as the system
of practices and institutions of government-directed at upholding social control, deterring and
mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation
efforts.43 Those accused of a crime have protections against abuse of investigatory and prosecution
powers.44 Criminal justice is a generic legal term for the process and procedure by which criminal
conduct (crime) is investigated and that by which arrests are made, the evidence is gathered, charges
are brought, defences are raised, trials are conducted, sentences are rendered and punishment is
enforced.45 The criminal justice system is simply the network of courts and tribunals with jurisdiction
to adjudicate on and enforce criminal justice issues.46
From the above, the administration of criminal justice can summarily be said to be the dispensation
of criminal justice by the government. Guimaraes (2018) in ‘Administration of Justice: An Emerging
Field’47 said on the administration of justice that:
A well-administered justice system is a civilizing influence and contributes to social cohesion and
to the country’s social and economic development. In addition, such a system can foster social
relations based on ethical and moral values and principles, which include respect for the laws and
norms governing social and commercial relationships and recognition of the rights of social
groups and individuals.48
Obiora (2015) in ‘Re-Victimization of Victims of Crimes under the Nigerian Criminal Justice
System’49 also said that:
The essence of Criminal Justice Administration is to reduce crime or incidence of crime in the
society to the barest minimum and to restore the balance following the disruption of social order
by the criminal act. Justice in this sense is not just for the accused person, it is also for the victim
43 See Black’s Law Dictionary. 11th edition. St. Paul, MN: West Publishing Group, 2019. 44 Ibid. See also Academic ‘Criminal Justice’ enacademic.com. Accessed [Online] at:
https://enacademic.com/dic.nsf/enwiki/113851/Criminal_justice. Accessed on 15th November, 2020. 45 See The Free Dictionary, ‘Criminal Justice’ Legal-dictionary.thefreedictionary.com. Accessed [Online] at:
https://legal-dictionary.thefreedictionary.com/Criminal+justice+system. Accessed on 15th November, 2020. 46 See Academic ‘Criminal Justice System’ Blacks_law.enacademic.com. Accessed [Online] at:
https://blacks_law.enacademic.com/6659/criminal_justice_system#:~:text=criminal%20justice%20system%20%E2%80
%94%20n.,The%20Essential%20Law%20Dictionary. Accessed on 15th November, 2020. 47 T.A. Guimaraes, A.O. Gomes and E.R. Guarido-Filho, ‘Administration of Justice: An Emerging Field’ RAUSP
Management Journal, Vol.53 No.3, pp. 476-482. Accessed [Online] at: https://doi.org/10.1108/RAUSP-04-2018-010.
Accessed on 15th November, 2020. 48 Ibid. at 477. 49 See N. I. Obiora, ‘Re-Victimization of Victims of Crimes under the Nigerian Criminal Justice System’ University of
Nigeria Law Students Journal (UNLSJ), Vol. II (2015), pp. 54-66. Accessed [Online] at:
https://www.academia.edu/35079485/RE_VICTIMIZATION_OF_VICTIMS_OF_CRIMES_UNDER_THE_NIGERIA
N_CRIMINAL_JUSTICE_SYSTEM. Accessed 15th November, 2020.
14
as well as the society. The actualization of this form of justice is a complex and intriguing
process.50
The administration of (criminal) justice thus, is an important societal element and in the context of
this long essay, can be concluded to be the effort of a government in developing the social and legal
norms of its society as regards crime, by appropriating criminal justice to those who act to access it.
2.3 MEANING OF RIGHT
A right is something to which one has a claim to51 including an entitlement to concepts such as justice
or the ownership of property and interests. Rights comprise of freedoms and protection against abuse.
There are two broad classifications of rights known as:
a. Human Rights; and
b. Fundamental Rights.
Human rights are the inalienable rights of persons granted to them courtesy of their status as members
of the human race.
Fundamental rights are the most important or most valued rights which a country grants to its citizens
and are usually documented in the constitution of the respective country. They are rights which cannot
be limited by legislation unless said legislation passes a scrutiny test ensuring that such limitations
are necessary.52 However, while all fundamental rights are constitutional, not all constitutional rights
are fundamental. Additionally, there is a class of rights known as fundamental human rights, which
based on the above, are human rights which are valued by a country and entrenched in the constitution
of the respective country.
Under the broad classifications, there are various types of rights including constitutional rights,
natural rights, civil rights, political rights and economic rights among others.
50 Ibid. at pp. 55. 51 See Merriam-Webster, ‘Right’ Merriam-Webster.com Dictionary. Accessed [Online] at: https://www.merriam-
webster.com/dictionary/right. Accessed on 15th November, 2020. 52 See The Law- Dictionary, ‘Fundamental Right’ Dictionary.thelaw.com. Accessed [Online] at:
https://dictionary.thelaw.com/fundamental-right/. Accessed on 15 November, 2020.
15
2.4 MEANING OF VICTIM
A victim is a person who is directly or indirectly affected by the action or omission of another person.
They are the generic class of individuals who suffer adversely from a force, agent or circumstance.53
The most apt definition of who qualifies as a ‘Victim’ is that provided for by the UN Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power,54 coined the Victims
Declaration. Paragraph 1 of the Victims Declaration defines victims of crime as:
Persons who individually or collectively, have suffered harm, including physical or mental injury,
emotional suffering, economic loss or substantial impairment of their fundamental rights, through
acts or omissions that are in violation of criminal laws operative within Member States, including
those laws proscribing criminal abuse of power.55
Additionally, the declaration in paragraph 18 also defines victims of abuse of power as:
Persons who, individually or collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment of their fundamental rights,
through acts or omissions that do not yet constitute violations of national criminal laws but of
internationally recognized norms relating to human rights.56
Finally, paragraph 2 stipulates that:
A person may be considered a victim under this declaration, regardless of whether the perpetrator
is identified, apprehended, prosecuted or convicted and regardless of the familial relationship
between the perpetrator and the victim. The term ‘Victim’ also includes where appropriate, the
immediate family or dependants of the direct victim and persons who have suffered harm in
intervening to assist victims in distress or to prevent victimization.57
The four primary rights of victims of crime as provided for by the UN Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power are namely:
a. Access to justice;
b. Restitution;
53 See Merriam-Webster, ‘Victim’ Merriam-Webster.com Dictionary. Accessed [Online] at: https://www.merriam-
webster.com/dictionary/victim. Accessed on 15th November, 2020; see also The Free Dictionary, ‘Criminal Justice’
Legal-dictionary.thefreedictionary.com. Accessed [Online] at: https://www.thefreedictionary.com/victim.Accessed on
15th November, 2020. 54 See the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power U.N. Department of Public
Information DP 1/895 – August 1986, General Assembly Resolution 40/34 of 29 November 1985. Accessed [Online] at:
https://www.unodc.org/pdf/criminal_justice/UNODC_Handbook_on_Justice_for_victims.pdf. Accessed on 3oth
October, 2020. 55 Ibid. at Para. 1. 56 Ibid. at Para. 18. 57 Ibid. at Para. 2.
16
c. Compensation; and
d. Assistance.
With regards to this, Paragraph 4 of the declaration says:
Victims should be treated with compassion and respect for their dignity. They are entitled to
access to the mechanisms of justice and to prompt redress, as provided for by national legislation,
for the harm that they have suffered.58
Paragraph 8 says:
Offenders or third parties responsible for their behaviour should, where appropriate, make fair
restitution to victims, their families or dependants. Such restitution should include the return of
property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result
of the victimization, the provision of services and the restoration of rights.59
Paragraph 12 says that:
When compensation is not fully available from the offender or other sources, States should
endeavour to provide financial compensation to:
(a) Victims who have sustained significant bodily injury or impairment of physical or mental
health as a result of serious crimes; and
(b) The family, in particular dependants of persons who have died or become physically or
mentally incapacitated as a result of such victimization.60
Finally, paragraph 14 says that ‘Victims should receive the necessary material, medical,
psychological and social assistance through governmental, voluntary, community-based and
indigenous means’.61
2.5 MEANING OF WITNESS
A witness is, according to the United Nations Office on Drugs and Crime (UNODC),62 a person who
has information which is crucial to judicial proceedings, including criminal proceedings. Witnesses
58 See the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power U.N. Department of Public
Information DP 1/895 – August 1986, General Assembly Resolution 40/34 of 29 November 1985 at Para. 4. Accessed
[Online] at: https://www.unodc.org/pdf/criminal_justice/UNODC_Handbook_on_Justice_for_victims.pdf. Accessed on
3oth October, 2020. 59 Ibid. at Para. 8. 60 Ibid. at Para. 12. 61 Ibid. at Para. 14. 62 See ‘Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organised Crime’ UNODC,
January 2008. Accessed [Online] at: https://www.unodc.org/documents/organized-crime/Witness-protection-manual-
Feb08.pdf. Accessed on 30th October, 2020.
17
of crimes are those who either have first-hand knowledge of what happened at the crime scene or
knowledge of other important facts relevant to the case. In criminal proceedings, the testimonies of
witnesses are the prime source of evidence for the prosecution in discharging their burden of proving
the alleged guilt of the defendant.63
According to the UNODC publication, ‘Good Practices for the Protection of Witnesses in Criminal
Proceedings Involving Organised Crime’ a witness is a person with information crucial to judicial
proceedings, including criminal proceedings.64 It also stipulates that three types of witnesses require
protection including the justice collaborator, the victim-witnesses and others including innocent
bystanders and expert witnesses.
The justice collaborators are those who take part in an offence connected with a criminal organization
and possess important knowledge about the organization’s structure, method of operation, activities
and links with other local or foreign groups. While victim-witnesses are usually either the
complainant initiating the proceedings or other witnesses for the prosecution. Outside these
classifications, the Nigerian Evidence Act65 also provides for types of witnesses in criminal
proceedings as follows:
1. The Accomplice:
Section 177 (1) provides that
An Accomplice shall be a competent witness against an accused person and a Conviction is no
illegal merely because it proceeds from the uncorroborated evidence of an accomplice provided
that in cases tried with a Jury when the only proof against a person charged with a criminal offence
is the evidence of an accomplice, uncorroborated in any material particular implicating the
accused, the Judge shall warn the Jury that it is unsafe to convict any person upon such evidence,
though they have a legal right to do so and in all other cases, the Court shall so direct itself.66
2. The Juvenile or Child Witness:
Section 182 (1) provides that
In any proceedings for any offence, the evidence of any child who is tendered as a witness and
does not, in the opinion of the Court, understand the nature of an oath, may be received, though
63 See also A. Eluwa ‘Witnesses, Experts and Victims: Imperatives for The Criminal Justice System in Nigeria’ DPP IMO
STATE, PUBLICATION. Accessed [Online] at:
http://biblioteca.cejamericas.org/bitstream/handle/2015/3732/Eluwa.pdf?sequence=1&isAllowed=y. Accessed 30th
October, 2020. 64 Ibid. at 61. 65 (2011). 66 See section 177 (1) E. A. (2011); see also R v Okoye (1950) 19 NLR 103.
18
not given upon oath, if, in the opinion of the Court, such child is possessed of sufficient
intelligence to justify the reception of the evidence, and understands the duty of speaking the
truth.67
3. The Expert Witness:
Section 56 provides that
(1) When the Court has to form an opinion upon a point of foreign law, native law or custom, or
of science or art, or as to identify or handwriting or finger impressions, the opinion up on that
point of persons specially skilled in such foreign law, native law or custom, or science or art
or in questions as to the identity of handwriting or finger impressions are relevant facts.
(2) Such persons are called Experts.68
The Mandate of UNODC states that:
…Under article 24 of the United Nations Convention against Transnational Organized Crime,69
States parties are to take appropriate measures to provide effective protection from retaliation or
intimidation for witnesses who give testimony in cases involving transnational organized crime.
The measures envisaged include physical protection, the relocation and non-disclosure or
limitations on the disclosure of the identity and whereabouts of the witness and the introduction
of evidentiary rules to permit testimony to be given in a manner that ensures the witness’s safety.70
Additionally,
…Under article 26 of the Organized Crime Convention, States parties are required to take
appropriate measures to encourage persons who participate or have participated in organized
criminal groups to cooperate with law enforcement authorities for investigative and evidentiary
purposes. Pursuant to paragraph 4 of that article, such persons are to be afforded protection in
accordance with the provisions of article 24.71
From the above, the basic and core right of a witness in criminal proceedings is the right to protection.
They also have the additional right to receiving assistance.
67 See section 182 (1) E. A. (2011); see also Okon v The State (1988) 1 NWLR Pt 69 172 at 183. Per Nnaemeka-Agu
JSC; section 154 E.A, Section 182 (2), (3) E.A. 68 See section 56 E. A. (2011). 69 UN General Assembly resolution 55/25, annex I. 70 See ‘Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organised Crime‘’ UNODC,
January 2008. Accessed [Online] at: https://www.unodc.org/documents/organized-crime/Witness-protection-manual-
Feb08.pdf. Accessed on 30th October, 2020. 71 Ibid.
19
Witness protection as a concept and a right of witnesses in criminal proceedings first came into being
in the U.S.A. in the 1970s.72 It rose as a legally sanctioned procedure that was intended to be used
alongside their programme for dismantling ‘Mafia-style’ criminal groups.73 The code of silence or
omertà among these groups was unchallenged for years and got in the way of criminal justice
administration procedures as those who cooperated with the police were promised death; thus, even
common citizens were afraid to come out to testify for the state and key witnesses who did were lost
to these groups who targeted them, further instilling fear into anyone who had any information about
such groups. In the 1970s the world’s first witness protection programme was initiated to combat
this.74
Today, witness protection is viewed as a crucial tool in combating organized crime, and a large
number of countries around the world have established such specialized programmes or have
legislated their creation. Unfortunately, Nigeria is not among this selection, and that is part of the
reasons for the conduct of this study regarding the intended subjects matter on witnesses of crime in
criminal proceedings.75
2.6 MEANING OF DEFENDANT
A defendant is, simply put, a person who an application or claim of legal proceedings has been
instituted against.76 In criminal proceedings, the defendant is the person(s) accused of committing the
reported crime and whose guilt the prosecution is burdened to prove. Defendants in criminal
proceedings usually start as suspects arrested by the police until a charge is officially issued against
them by the state.
In criminal law, defendants are the key party involved in criminal proceedings at the same level as
the prosecution – which is usually the state. As such for many years, criminal jurisprudence has
72 F. Montanino, ‘Unintended Victims of Organized Crime Witness Protection’ Criminal Justice Policy Review, Vol.2,
No.4 (1987), pp. 392-408. 73 Ibid at 393. 74 Ibid. at 408. 75 See ‘Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organised Crime‘’ UNODC,
January 2008. Accessed [Online] at: https://www.unodc.org/documents/organized-crime/Witness-protection-manual-
Feb08.pdf. Accessed on 30th October, 2020. 76 M. I. Shehu, M. F. B. Othman and N. B. Osman, ‘Nigerian Justice System: The Ideal, Hope and Reality’ Sahel Analyst
Journal of Management Sciences (Vol.15, No.3, 2017), University of Maiduguri, ISSN-1117-4668 pp. 104-125. -cessed
[Online] at:
https://www.researchgate.net/publication/323547033_NIGERIAN_JUSTICE_SYSTEM_THE_IDEAL_HOPE_AND_
REALITY. Accessed on 16th November, 2020.
20
focused on them and their interests; they have a lot of rights. The basic rights of defendants have been
extrapolated by Odekunle77 following:
From Statutory provisions, through procedural laws, to penal sanctions modern criminal justice
systems appear to emphasis the safeguarding of the rights and interests of offenders… From arrest
to sentencing and after, the offender has the right to be cautioned before making a statement, right
to remain silent, right to bail, right to innocence until proven guilty, right to fair hearing, right to
counsel, right to appeal and be heard, right to human and decent treatment in prison etc.78
2.7 CHAPTER CONCLUSION
Conclusively, the details explored in this chapter, though not necessarily relevant to the topic of this
long essay are crucial for the understanding of the discussions and analysis undertaken in further
chapters. As a result, this chapter of the long essay will serve as a reference for a number of the points
mentioned in further chapters of this long essay – particularly chapters three and four.
77 (2005). 78 See also A. Eluwa ‘Witnesses, Experts and Victims: Imperatives for The Criminal Justice System in Nigeria’ DPP IMO
STATE, PUBLICATION. Accessed [Online] at:
http://biblioteca.cejamericas.org/bitstream/handle/2015/3732/Eluwa.pdf?sequence=1&isAllowed=y. Accessed 30th
October, 2020.
21
CHAPTER THREE: HISTORICAL DEVELOPMENT OF
ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA
3.1 CHAPTER INTRODUCTION
Criminal justice administration is one of the broadest and most important fields of Law there is in any
jurisdiction. It covers many different areas of law and thus, the framework for criminal justice
administration is one of the most essential for a jurisdiction. In Nigeria, the statutes currently
overseeing criminal justice administration system (at the Federal level) are the Penal Code, the
Criminal Code and the Administration of Criminal Justice Act (ACJA) 2015; the former two being
substantive legislations presiding over the Northern and Southern part of the country respectively and
the latter being the singular criminal procedure legislation in Nigeria.
Nigeria’s criminal justice procedure system has since the enactment of the various criminal justice
administration statutes, undergone a series of changes leading up to the enactment of the ACJA in
2015. The Act has been praised by many as revolutionary legislation that will do much in the reform
of the Nigerian criminal justice administration system. The purpose of this chapter is to delve into the
background of the Act and develop an understanding of it and its provisions. To achieve that, this
chapter will carefully examine the history and development of Nigeria’s criminal justice
administration system across four eras to wit: precolonial, colonial, postcolonial and the ACJA eras.
3.2 THE PRECOLONIAL ERA
Precolonial Africa governed herself through the rules of custom and tradition, better known in current
legal terms as customary law. Customary law is the aggregate of unwritten normative rules which
bind the members of a specific community or ethnic nation.79 It is the heart and soul of indigenous
norms and values in African society. The various ethnic communities that make up Nigeria today, in
precolonial times, also governed themselves through customary law, using it to order the various
aspects of their lives inclusive of criminal justice to maintain peace, order and equilibrium of the
society.80
79 G. R. Woodman, ‘African Legal Systems’, in J.D. Wright, International Encyclopaedia of the Social and Behavioural
Sciences (2nd ed. Elsevier, 2015) p.272; see also [C. O. Okonkwo and Naish, ‘Criminal Law in Nigeria’ (2003) Spectrum. 80 R. Smith, ‘Peace and Palaver: International Relations in Precolonial West Africa’ (1973) 14 Journal of African
History, p.600.
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Nigeria’s criminal justice administration system in the precolonial era was predominated by the
procedure of using local chiefs, tribunals, deities and their priests;81 this was purely so for precolonial
southern Nigeria. The criminal procedure was adversarial with the burden of proof placed on the
accused, who, in the context of today’s legal register, was deemed guilty until proven innocent.82 The
pre-colonial northern criminal justice administration system was a combination of customary law and
Islamic law – as is similarly the case today.83 This was the case – for both the north and the south –
until Lagos was annexed by the British in 1849.84
3.3 THE COLONIAL ERA
The colonial era of Nigeria’s criminal justice administration system began with the annexation of
Lagos by the British in 1849 following the division of African territories among the European powers.
The other territories of Nigeria were declared protectorates to be administered by the Royal Niger
Company Chartered and Limited that was chartered to administer the territories until 1900.85 The
company along with the British consuls set up a Legislative Council to make laws for the control of
the Nigerian subjects and to regulate the business activities between Africans and Europeans in 1861
after the formal colonization of the Colony and Protectorate of Lagos, the Protectorate of Southern
Nigeria and the Protectorate of Northern Nigeria.86 They established courts and an armed
constabulary for the enforcement of the laws.87 Between 1861 and 1874, ten courts were created;
those regarding criminal matters were the Police Magistrate Court, the Court of Civil and Criminal
Justice (CCCJ), the West African Court of Appeal (WACA) and the Privy Council,88 which
adjudicated based on the laws and customs of the British.89
The charter was revoked in 1899 and by 1900 the British government directly administered Nigeria
but retained all the courts, and laws established.90 The Colonial Governor of the Northern
81 S.G. Barnabas, A. N. Obeta, ‘An Examination of the Coexistence of Statutory and Customary Criminal Law in Nigeria’
in International Journal of Social Sciences. 82 O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems:
Nigeria P.169658. 83 C. O. Okonkwo and Naish, ‘Criminal Law in Nigeria’ (2003) Spectrum. 84 O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems:
Nigeria P.169659. 85 Ibid. 86 Ibid. 87 Ibid. 88 Elias, 1963. 89 O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems:
Nigeria P.169659. 90 Ibid.
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Protectorate, Lord Lugard, introduced the Criminal Code to his territory in 1904.91 After
amalgamating the Northern and Southern Protectorates in 1914, he made the Criminal Code
applicable to the entire country.92 However, the British colonial administration had difficulty in
managing Northern Nigeria due to the mix of Islamic Law tenets and the rule of the traditional
Emirate enforced on both Muslims and non-Muslims.93 This was because despite the Criminal Code
being applicable throughout Nigeria by 1916, most criminal cases were governed by customary law
which had many contrasting values with the English common law that served as the basis for the
Criminal Code;94 so by 1959, the Criminal Code no longer applied there; a panel of Jurists was
appointed to proffer a solution and the result was the Penal Code Law, modelled after the Sudanese
Penal Code.95
There were still many problems throughout Nigeria even after this due to the conflicting legal
systems, thus an attempt was made to abolish customary law in 1933, but it failed.96 Instead, the
Native Courts Ordinance of 1933 was enacted, section 10 of which provided that the native courts
could administer customary law as long as the punishment did not involve torture or mutilation and
was not ‘repugnant to natural justice, equity, and good conscience’ – the famed repugnancy clause
which still operates presently. As the times progressed into the postcolonial era, the conclusion was
that Nigeria practised a tripartite criminal law and justice system including the Criminal Code (based
on English Common Law), the Penal Code (based on Islamic law and the native law of Northern
Nigeria) and customary law (which remained informal and unwritten for Southern Nigeria).97
In the colonial era, the laws were a contrasting combination of the English common law and Nigerian
customary law, which, having contrasting criminal justice administration systems, caused the era to
be focused on the coalescing of both systems to establish a balanced system suitable for the Nigerian
legal climate.98 Thus, there was no remarkable attribute of the criminal justice administration system
in this era, beyond the normal attributes of the dual systems.
91 It was modelled after the Queensland Criminal Code which was drafted by Sir James Fritzstephen in Jamaica for
Queensland, Australia in 1899 (Arikpo, 1967). 92 Okonkwo and Naish, 1964; see also Nwabueze, 1963. 93 O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems:
Nigeria P.169660. 94 Okonkwo and Naish, 1964. 95 Nwabueze, 1963. 96 O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems:
Nigeria P.169661. 97 Ibid. at P.169658-169661. 98 Ibid. at P.169661.
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3.4 THE POSTCOLONIAL ERA
The postcolonial era of Nigeria’s criminal justice administration system, as earlier mentioned, was
where the conflict between the statutory English common law and the customary law of Nigeria –
particularly that of Southern Nigeria – was resolved; and as it turned out, customary law lost the
battle. Although the move to abolish customary law in 1933 failed and customary law found a saviour
in the repugnancy clause, the fight continued throughout the colonial era and this was the conclusion
at the end of the era: In 1958 at the first Constitutional Conference for an indigenous Nigerian
constitution, a decision was taken to abolish customary law.99
The first indigenous Nigerian constitution enacted in the postcolonial era was the 1963 Republican
Constitution of Nigeria. Section 22 (10) of the above constitution provided that: ‘No person shall be
convicted of a criminal offence unless that offence is defined and penalty, therefore, is prescribed in
a written law’. Although it was not a frontal abolishment of customary law, the fact is that it was
implied by the above provision. It was earlier mentioned that this particularly affected the customary
law of Southern Nigeria; that is because the customary law of Southern Nigeria remained generally
unwritten. For Northern Nigeria, most of their customary laws were documented into various
ordinances and statutes to balance it with their practice of Islamic law, thus they were unaffected.
This is still the case today, as the present Nigerian constitution100 also has a similar provision in
section 36 (12) which provides as follows:
Subject as otherwise provided by this constitution, a person shall not be convicted of a criminal
offence unless that offence is defined by and the penalty, therefore, is prescribed in written law,
and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State,
any subsidiary legislation or instrument under the provisions of a law.101
Customary law can remain as long as such a law is prescribed in the forms stated above. This leads
to the features of criminal law and the criminal justice administration system during the postcolonial
era. In this era, after the implied abolishment of customary law, what was left was supposedly the
statutory English common law; however, that was not the case. Having gained independence from
the British Colonial Administration, Nigeria had a free reign to enact her laws. Although the style
and format of these laws would initially take the form of the received statutory English common law,
passed by the colonial administration, time revealed that these values were incompatible with the
99 A. O. Alubo, ‘Modern Nigerian Criminal Law’ (2014) University of Jos Press. 100 Constitution of the Federal Republic of Nigeria 1999 (As amended) 2011. 101 Ibid. at section 36 (12).
25
indigenous Nigerian values and thus, were eventually discarded – as observed from the amendments
and re-enactments of various statutes.
By the end of the postcolonial era, the nature of the legal framework governing the criminal justice
administration system had evolved although the statutes didn’t change in name, after going through
several amendments, there would naturally be a vast difference between the first and final versions.
In this regard, other than the Criminal Code and the Penal Code, procedural statutes were enacted:
the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC).
The CPA came into being as Ordinance No.42 of 1945, re-enacted as Ordinance No.43 of 1948 in the
colonial era. After several amendments in the postcolonial era, it was enacted as Chapter (Cap.) 80
Laws of the Federation of Nigeria (LFN) 1990 and its final state – before it was repealed due to the
enactment of the ACJA – was Cap. C41 LFN 2004; the principal statute governing criminal procedure
in the Southern States of Nigeria. The CPC, on the other hand, was first enacted by Northern Nigeria
in 1960, applying to the Northern region until the creation of states when it was amended and coined
the ‘Criminal Procedure Northern States Act’. Its final state before it was repealed was Cap. C42 LFN
2004.102 The CPA and the CPC, at the end of the postcolonial era, were repealed and replaced at the
federal level, by the Administration of Criminal Justice Act enacted in May 2015. At the State and
Local Government levels, the State law and Bye-law adaptations of the CPA and CPC were valid
until the ACJA was domesticated by the state.103
3.5 THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) ERA
3.5.1 HISTORY OF THE ACJA
The ACJA was a brain-child of the Nigerian criminal justice administration reforms which began in
2005. The state of the Nigerian criminal justice administration system was simply a poorly
constructed road, the quality of which was revealed due to the numerous potholes that emerged on it;
blatant violation of constitutional rights by criminal authorities, disregard for due process coupled
with the creation of illegitimate conventions and practices, lackadaisical attitude towards
responsibility on the part of legal criminal institutions as well undue and excessive exploitation of
loopholes in the law on the part of legal professionals rather than filling those gaps.104 That was the
102 Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to Criminal
Cases Adjudication in the Federal High Court’. 103 Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to Criminal
Cases Adjudication in the Federal High Court’. 104 Ibid.
26
state of the Nigerian criminal justice administration system towards the end of the pre-ACJA –
postcolonial – era, thus the need for reform.
The Attorney General of the Federation (AGF) at that time, Chief Akin Olujimi, SAN, established
the National Working Group on the Reform of Criminal Justice Administration in Nigeria whose
members drafted the first set of provisions for the act.105 The Reforms were continued by his
successor, Chief Bayo Ojo, SAN, however, subsequent AGFs did nothing in its regard until the tenure
of Mohammed Bello Adoke, SAN.106 In 2011, following the enactment of the ACJA Law of Lagos
State, the new AGF – of that time – Mohammed Bello Adoke, SAN, established the: “Panel on
Implementation of Justice Reform” (PIJR) to facilitate the implementation of the proposals developed
by the National Working Groups of previous administrations, and in May 2015, the PIJR under the
chairmanship of Justice I. U. Bello of the FCT High Court, alongside the Centre for Socio-Legal
Studies (CSLS) finalized and got enacted the improved version of the Act whose provisions we see
in the ACJA 2015 today.107
As a federal law concerned with federal matters and thus, only having jurisdiction in federal courts,
its provisions have not been too far-reaching to the grassroots and citizens at the state and local
government levels. The significance of this is that despite all the praise accorded to the ACJA for its
novelty, the innovative provisions that earned it that praise has very little impact on the greater
percentage of Nigerian citizens. For the act to have the necessary impact, it must be domesticated into
state law by the various states. However, excluding Lagos State which enacted their ACJA Law years
ahead of the ACJA 2015, only a few states – including Kaduna, Ondo, Ekiti, Oyo, Enugu, Anambra,
Rivers, Cross-River and the Akwa-Ibom States as well as the FCT (Abuja)108 – have domesticated it;
meaning that although five years in, the ACJA era has yet to fully take root in Nigeria on the scope
of its legal effect across Nigeria.
3.5.2 PURPOSE, CONTENT AND STRUCTURE OF THE ACJA
The ACJA has 495 sections divided into 48 parts, all comprising of provisions from the Criminal
Procedure Act (CPA)109, the Criminal Procedure Code (CPC)110 or the Criminal Procedure Northern
105 Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to Criminal
Cases Adjudication in the Federal High Court’. 106 Ibid. 107 Ibid. 108 E. Okakwu ‘Analysis: Main Features of Nigeria’s Administration of Criminal Justice Act (Part 1)’ (August 9, 2018)
Premium Times. 109 CAP C41 LFN 2004. 110 1960.
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Act and even the Administration of Criminal Justice Law of Lagos State (ACJL) 2011.111 While the
ACJA served to repeal the CPA and CPC, it didn’t eradicate their provisions but kept most of them,
with various revisions including a few innovative provisions that made the Act famous.112 The
purpose of the ACJA is twofold, and both purposes distinctively mentioned in the Long and Short
titles of the Act.
The Short title states that the ACJA is: ‘An Act to provide for the administration of criminal justice
in the courts of the Federal Capital Territory and other Federal courts in Nigeria; and for related
matters.’ While the Long title – in corroboration with Section 1 of the Act – states:
This Act provides for the administration of criminal justice system which promotes efficient
management of criminal justice institutions, speedy dispensation of justice, protection of the
society from crime and protection of the rights and interest of the suspect, the defendant and
victims in Nigeria.113
In essence, the ACJA governs criminal justice administration matters in Federal courts to promote
the rights of suspects, defendants and victims in Nigeria. To further this purpose the Act provides for
the establishment of a regulatory body: ‘The Administration of Criminal Justice Monitoring
Committee’114 which would be responsible for ensuring effective compliance with the provision of
the Act and management of the relevant criminal justice institutions. Famous for being a revolutionary
statute in Nigeria’s criminal justice administration, the ACJA contains various innovative provisions
aimed at reforming the criminal justice administration system and eradicating the evils prevalent in
the pre-ACJA eras and these reforms include:
a) The ACJ Monitoring Committee – an agency overseeing the criminal justice system;
b) The Police Central Criminal Registry;115
c) The electronic recording of confessional statements;116
d) The abolition of the practice of making arrests in lieu;117 and
e) The introduction of the Plea Bargain118 system (among many others).119
111 M. L. Garba, ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and Way Forward’ in National
Association of Judicial Correspondents Lecture, 2017. 112 Y. Akinseye-George, ‘Summary of Some of the Innovative Provisions of the Administration of Criminal Justice Act
(ACJA) 2015’. 113 See section 1 ACJA. 114 See Section 470 ACJA; see also A.R. Emma, ‘An Appraisal of the Administration of Criminal Justice Act, 2015’. 115 See Section 16 ACJA. 116 See Section 15(4) ACJA. 117 See Section 7 ACJA. 118 See Section 270 ACJA. 119 Refer to [Literature Review] in Chapter one of this long essay for more.
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3.6 CHAPTER CONCLUSION
Nigeria’s criminal justice administration system has come a long way in the near 200 years of its
development and as would be expected, much has changed in the time between the precolonial era
and the current ACJA era. The previous three pre-ACJA eras were to some extent, similar, in terms
of the manner of the approach of justice as well as the legal framework and influences controlling the
system during those times. The ACJA era heralds a truly novel movement in the Nigerian criminal
justice administration system and for various reasons as will be demonstrated in the following chapter.
As a statute, the ACJA is one which has much to offer as regards eradicating many of the ills of
criminal justice administration in Nigeria including, corruption, discrimination and other human
rights abuses as well as delayed trials. It innovatively took steps for the furtherance of the interests of
suspects, defendants and victims as well as the society.120 All of its efforts are laudable as legislation.
Although there are a few gaps, including the disregard for the interests of witnesses the ‘restorative’
approach to justice that the ACJA takes is no doubt a significant reform for Nigeria’s criminal justice
administration system. Additionally, it is a point of concern that in the five (5) years since its
enactment, only a small number of states have truly entered into the ACJA era along with the federal
government. Although this development is a bit discouraging in the grand scheme of things, it has
not reduced the value of the ACJA in reality; after all, it is a fact that the ACJA was enacted to be a
federal law. This only signifies a less smooth progression for criminal justice administration in the
ACJA era.
Conclusively, the progression of the Nigerian criminal justice administration system has gone through
a significant amount of changes, such that the ACJA is considered – and rightly so –prized legislation
for the Nigerian jurisprudence and an important mark of Nigeria’s legal development.
120 Y. Akinseye-George, ‘An Overview of the Changes and Application of the Administration of Criminal Justice Act,
2015’ in A. Adekunle, et al, ‘Issues on Criminal Justice Administration in Nigeria’, NIALS Publication, p.3-4.
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CHAPTER FOUR: THE RIGHTS OF VICTIMS, WITNESSES AND
DEFENDANTS UNDER THE ADMINISTRATION OF CRIMINAL
JUSTICE ACT (ACJA) 2015
4.1 CHAPTER INTRODUCTION
The Administration of Criminal Justice Act (ACJA) 2015 is one of Nigeria’s most novel legislations.
It was enacted in 2015 to repeal and replace the Criminal Procedure Act121 (CPA) and the Criminal
Procedure Code122 (CPC) in legislating over criminal procedure at the federal level of the country. It
is part of the purpose of the Act to further the interests of the relevant parties in a criminal case and
it is reflected in its provisions. In criminal proceedings, various parties are involved other than the
prosecution and defence. The ACJA recognises these parties. According to section 1 and the
explanatory memorandum of the Act, the relevant parties whose interests need to be pushed include:
legal institutions, suspects, victims, defendants and the society.
This chapter will focus on the provisions of the ACJA regarding the rights of victims, witnesses and
defendants. The original objective was to sieve out the rights as provided for by the Act, and conclude
on the propriety and wholesomeness of the rights of victims, witnesses and defendants provided for
by the ACJA through case law analysis. However, research has shown that there is a deficit of cases
on this subject since the enactment of the ACJA – this could be for various reasons including the
novelty of the Act, as it has only been in force for five years. Consequently, the chapter will make the
intended analyses primarily through the examination of literature.
4.2 THE RIGHTS OF VICTIMS UNDER THE ACJA
The most apt definition of who qualifies as a ‘Victim’ is that provided for by the UN Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power,123 coined the Victims
Declaration. Paragraph 1 of the Victims Declaration defines victims of crime as:
Persons who individually or collectively, have suffered harm, including physical or mental injury,
emotional suffering, economic loss or substantial impairment of their fundamental rights, through
121 Cap. C41 Laws of the Federal Republic of Nigeria, 2004. 122 Cap. 30 Laws of Northern Nigeria, 1963 and Cap. C42 Laws of the Federal Republic of Nigeria, 2004. 123 See the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power U.N. Department of Public
Information DP 1/895 – August 1986, General Assembly Resolution 40/34 of 29 November 1985.
30
acts or omissions that are in violation of criminal laws operative within Member States, including
those laws proscribing criminal abuse of power.
The victims in criminal proceedings are those who face the most direct consequences of crimes. They
usually suffer the most from the actions of the offenders and thus, have a very sensitive identity in
criminal cases. Although the committed crime is an action that is directly taken against them, – the
victims – it is the State that prosecutes and receives judgement as the crime is ultimately done to the
State; this is regardless of what they experience, on the premise that the defendant is guilty. The
victims of crime are also those whose human rights have been violated by others, thus compensating
the victim is a globally accepted practice that is fair to them on account of their humanity.124
International law, especially through the United Nations has developed a series of rights to be
accorded to victims of crime. Refer to chapter two for more details. The summary of the rights
accorded to the victims of crime internationally is:
a. Access to Justice;
b. Access to factual information;
c. Protection;
d. Restitution for injury or loss by the offender; and
e. Compensation for injury or loss by the State
These rights are civil in nature, and somewhat in conflict with the nature of criminal proceedings,
nevertheless, states have the duty to ensure that these rights are included in their laws. Most civil law
systems of administration of justice including Austria, Belgium, Denmark, France, Portugal, Spain
and Germany, find it easy to resolve this and in their jurisdictions, victims are allowed to join civil
claims for damages with criminal proceedings and in Russia, victims are allowed to initiate criminal
proceedings for cases such as assault, battery and defamation.125 However, due to their unique
adversarial nature, common law jurisdictions have more of a problem indoctrinating these rights into
their criminal justice administration systems. This is mainly because the state, rather than the victims
are the ones who initiate and prosecute crimes. Additionally, there is no mechanism for victims to be
included in the decision making process.126 However, states like the U.S. with their jury system which
124 S. Haruna-Soba ‘An Analysis of the Concept of Victims of Crimes in Nigeria’ in School of Postgraduate Studies
Ahmadu Bello University, Zaria (December 2014) at p.75. 125 S. Haruna-Soba ‘An Analysis of the Concept of Victims of Crimes in Nigeria’ in School of Postgraduate Studies
Ahmadu Bello University, Zaria (December 2014) at p.44. 126 A. C. Chinyere ‘Extending the Frontiers of Remedies for Crime Victims in Nigeria’ in LegalPedia [Online] Assessed
4th November 2020 at: https://legalpediaonline.com/extending-the-frontiers-of-remedies-for-crime-victims-in-nigeria/.
31
allows ordinary citizens to pass judgement alongside judges are more easily able to domesticate the
provisions of the above declaration and resolution.
Developing third world countries, such as Nigeria, who inherited their laws from colonial masters
have taken a longer time than the developed first world countries to incorporate the practice of victim
compensation – and many other such global best practices – into their laws.127 In order to examine
Nigeria’s legal framework on the rights of victims of crime, this chapter will discuss the provisions
of Nigerian criminal law statutes, in order to make analyses on the propriety and wholesomeness of
the rights accorded to victims of crime by the ACJA.
As a country who seems to appreciate the import of according the same level of rights and concern
as the offenders to the victims of crime. This is reflected in the Penal Code Act,128 section 78 of which
provides that:
Any person who is convicted of an offence under this Penal Code, may be adjudged to make
compensation to any person who is injured by his offence and such compensation may be either
in addition to or in substitution for any other punishment.129
The reason for the use of the word ‘seems’ is because, this substantive provision is an appearance of
the ideal kind and degree of rights to be accorded, while the procedural provisions – which are a better
reflection of the reality – do not show the same. This chapter will briefly highlight the relevant
provisions of the repealed CPA and CPC. The CPC discusses victim remedies simply on the aspect
of stolen property. In section 357, it provides that the court may enforce the delivery of “movable
property or document produced before it or in its custody regarding which any offence appears to
have been committed or which is used for the commission of any offence” to the person entitled to it.
Further in section 358, which concerns stolen property proven to have been sold to an innocent third
party, the owner of the property is entitled to restitution, while the third party is to be compensated.
While, section 361 provides that the disposal or delivery of such stolen property is to be on conditions
at the discretion of the Court. Further provisions on this subject matter are as follows:
365. (1) whenever under any law in force for the time being a criminal court imposes a fine, the
court may, when passing judgment, order that in addition to a fine a convicted person shall pay a
sum-
(a) In defraying expenses properly incurred in the prosecution;
127 See A. A. Adeyemi, ‘Towards Victim Remedy in Criminal Justice Administration in Nigeria’ note 26, at p.305. 128 Cap. 89 Laws of Northern Nigeria 1963. 129 Ibid. at section 78.
32
(b) In compensation in whole or in part for the injury caused by the offence committed, where
substantial compensation is in the opinion of the court, recoverable by civil suit;
(c) In compensating an innocent purchaser of any property in respect of which the offence
was committed, who has been compelled to give it up;
(d) In defraying expenses incurred in medical treatment of any person injured by the accused
in connection with the offence.
366. At the time of awarding compensation in any subsequent civil suit relating to the same matter,
the court shall take into consideration any sum paid or recovered as compensation under section
365.
367. Payment of any money, other than a fine payable by Moneys virtue or of any order under
this Criminal Procedure Code may be enforced as if it were a fine.
Ultimately, the provisions of the CPC concerning victim remedy, in summary, are that, only stolen
property can be compensated for and all such compensation, although awarded by the court in
addition, fines, are to be treated by the court as fines. These provisions are inadequate and especially
restrictive towards section 78 of the Penal Code.
The CPA also has similar provisions.
261. Where in a charge of stealing or receiving stolen property, the court shall be of opinion that
the evidence is insufficient to support that charge, but that it establishes wrongful conversion or
detention of property, the court may order that such property be restored, and may also award
damages:
Provided that the value of such property and the amount of damages awarded shall not together
amount in value to twenty naira.
262. The damages awarded under section 261 of this Act shall be recoverable in like manner as a
penalty.
This is actually even more ridiculous, limiting the total damage recoverable to a meagre twenty naira.
Granted, that in the earlier 20th century, 20 naira could be considered a somewhat substantial amount,
however, after Nigeria’s oil boom that was no longer the case. Moreover, this specific Act came into
force in 2004. It is simply disregarding the importance of providing remedy to victims.
The ACJA is the legislation which has been lauded by many as being an innovative Act with
provisions that have brought Nigeria more in tune with global legal trends; for instance, by
incorporating the interests of victims in their criminal legal practice. Its provisions will be examined
33
upon the backdrop of the CPA and CPC. It has a number of provisions regarding the rights of victims
which will be identified following:
a. The right to have their identity protected;130
b. The right to give consent (or not) to a plea bargain application;131
c. The right to recover their property forfeited as a result of their victimisation;132
d. The right to restitution from the defendant for losses;133
e. The right to compensation from the defendant injuries suffered;134 and
f. The right to have restoration of possession of any immovable property lost as a result of
victimization.135
The ACJA is set to further the interest of victims and in section 401, the Act provides for the factors
to consider when delivering judgement. In this provision, there are two particular factors namely:
retribution and restitution which are directly related to the victims. The former refers to taking
revenge for the victim while the latter refers to compensating the victim. From this point, it can be
concluded that the ACJA is indeed concerned about the victims’ interest. These are in summary, the
rights accorded to victims, however, has the ACJA truly achieved the objective set out in section 1?
Unfortunately, the dearth of cases on this subject matter has made it difficult to access the practical
performance of these provisions.
However, in theory, the provisions of the ACJA concerning the rights and interests of victims can be
seen as holistic as they cover nearly all the issues that could be of concern to the victims according
to international standards. In comparison to its predecessors, the ACJA has certainly done a better
job, not restricting itself to certain situations and has even gone a step further to remove the idea of
compensation as a fine or penalty, but as a separate sentence with similar degree of import as
imprisonment and fining. Additionally, the ACJA includes the protection of victim identity and giving
victims a voice – although to a small extent – in sentencing. It is rightly said that the ACJA has
outclassed and outperformed the CPA and CPC in this respect. The provisions of the ACJA on the
rights of Victims are a clear indicator of the Nigerian criminal justice administration moving
progressively towards meeting global standards.
130 See section 232 ACJA. 131 See section 270 ACJA. 132 Supra. 133 See section 314 ACJA. 134 See section 319 ACJA. 135 See section 336 ACJA.
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4.3 THE RIGHTS OF WITNESSES UNDER THE ACJA
A witness is, according to the United Nations Office on Drugs and Crime,136 a person who has
information which is crucial to judicial proceedings, including criminal proceedings. Witnesses of
crimes are those who either have first-hand knowledge of what happened at the crime scene or
knowledge of other important facts relevant to the case. They are another sensitive class of individuals
in a criminal case whose importance is not to be underestimated as the testimony of a witness is the
most important source of evidence.
According to their publication ‘Good Practices for the Protection of Witnesses in Criminal
Proceedings Involving Organised Crime’ the most basic right of a witness is the right to protection.
This is because the testimony of witnesses as the primary source of evidence, is an indispensable
factor in criminal proceedings and the removal of that factor would have severe impact on the rule of
law. Thus, it is necessary to protect witnesses from fear and intimidation. This is a position maintained
by many international documents; refer to chapter two for more details.137
In fact, there were many issues with getting witnesses to appear in court before the enactment of the
ACJA; these include the lack of a system for reimbursement of transport costs in attending
proceedings – especially for IPOs who have been transferred out of the trial location, the fear of being
harmed or intimidated by the suspects or their companions, fear of social stigma attached to those
involved with crime and litigation and lack of understanding of a witness’ duties in trial.138 As
contributors to the investigations and the task of proving and/or disproving the allegations of any side
in a criminal proceeding, it is only fair that they should be accorded some rights.
The ACJA has made provisions for witnesses as follows:
a. The right to nondisclosure of their identity for protection purposes in more serious cases;139
b. The right to be paid reasonable expenses for appearing in court;140
c. Witnesses who are unable to be examined due to an adjournment, have the right to be
compensated141 in addition to their expenses;
d. The right to protection for child-witnesses;142 and
136 See ‘Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organised Crime‘’ UNODC,
January 2008 [Online] at: https://www.unodc.org/documents/organized-crime/Witness-protection-manual-Feb08.pdf. 137 Ibid. 138 See ‘Improving the Attendance Rate of Witnesses in Criminal Cases’ by PRAWA Project [Online] at:
http://www.prawa.org/improving-the-attendance-rate-of-witnesses-in-criminal-cases/ 139 See section 232 ACJA. 140 See sections 251 and 252 ACJA. 141 See section 253 ACJA. 142 See section 260.ACJA.
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e. The right to be issued the notice of trial143.
The rights of witnesses under the ACJA include compensation for appearing as well as for being
inconvenienced. They are also entitled to the notice of trial – although this should be a given on the
surface, witnesses are in reality ‘human evidence’ and should appear in court, thus, being given the
right to have notice of the trial is giving them respect and it is commendable – and finally, certain
kinds of witnesses in certain cases have the right to be protected.
Witness protection is a global standard similar to victim compensation. All witnesses in all kinds of
cases should be given the right to be protected. The ACJA actually recognizes their need for
protection in section 162, where it is mentioned that some defendants may interfere with the
investigations and proceedings by intimidating the witnesses.144 Although such defendants are denied
bail, that action is only a passive protection. The defendant could put on a front as if incapable of
interference and go after the witnesses while on bail; others could even involve their connections to
deal with the witnesses despite being in custody. Therefore it is impertinent that active protection of
“all” witnesses be included into the ACJA.
As the most important and basic right of a witness, the right of protection accorded under the ACJA
falls short of global standard. Using the excuse that Nigeria is a developing country without adequate
facilities to meet up with global standards generally, it could be said that the drafters of the ACJA did
a good job, but is that truly the case? The ACJA is not the first statute where the issue of witness
protection was taken up; the Corrupt Practices and Other Related Offences Act 2000 and the
Terrorism Prevention (Amendment) Act 2013 also have such provisions.145
The Corrupt Practices Act in section 64 provided that the commission would protect any persons who
provided them with information, except that the extent of protection was not stated. The Terrorism
Prevention Act in section 33 provided that when a person provides information, all measures
necessary to protect the safety of their life and identity must be taken and in section 34, it provided
that the Court, suo motu or by the motion of an Attorney General or a relevant legal agency, may take
measures to protect the life and identity of a witness including:
…holding of the proceeding at a place to be decided by the court; avoidance of the mention of
the real name and address of the witness or person in its orders, judgments or records of the case,
143 See section 382 ACJA. 144 See section 162 (c) ACJA. 145 Dr F. Waziri-Azi, ‘’ in European Journal of Research in Social Sciences, Vol. 7 No. 1, 2019, ISSN 2056-5429 at p.7
[Online] at: http://www.idpublications.org/wp-content/uploads/2018/12/Full-Paper-LEGAL-FRAMEWORK-OF-
WITNESS-PROTECTION-MEASURES-DURING-CRIMINAL-TRIAL-IN-NIGERIA.pdf.
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which are accessible to the public; or issuing of a direction for ensuring that the identity and
address of the witness or person are not disclosed; undertaking the proceeding in camera in order
to protect the identity and location of witnesses and other persons.
There is definitely a huge gap between the two, and the provisions of the Terrorism Protection Act
are quite extensive if looked at from the perspective of the Act alone. However, both are lacking, in
that these rights are only accorded to witnesses of specific crimes – corrupt practices and terrorism.
These provisions are not so different from those of the ACJA, however, section 232 applies
specifically to cases of rape, defilement, incest or other unnatural or indecent offences against a
person; the offences under the Terrorism Protection Act; economic and financial crimes; trafficking
in persons and related offences; and other offences permitted by an Act of the National Assembly
which the Court may consider appropriate. The enactment of the ACJA should have meant that these
rights would be extended to witnesses in all cases, however that was not the case and as such, the
provisions of the ACJA on the rights of witnesses are terribly lacking.
There is a lack of cases on the subject matter, except the case Sambo Dasuki v FRN.146 However,
even in that case, the only mention of the subject was that the court allowed witnesses to testify behind
a screen.147 There are a few cases however, prior to its enactment, thus, this chapter will briefly
discuss two. In Kabiru Umar v FRN [2013],148 the defendant was charged for the bombing of St.
Theresa’s Catholic Church, Madalla, Niger State on the 25th of December 2011, killing forty-five and
wounding seventy-five persons. During the trial, the Federal High Court, Abuja Division, employed
the use of masks and pseudonyms on witnesses and also excluded the public from the courtroom
pursuant to section 34 of the Terrorism Prevention Act. The defendant was eventually convicted and
sentenced to life imprisonment in 2013.149
In the case Aminu Ogwuche v FRN [2013],150 the defendant was charged for bombing a crowded
motor park at Nyanya, Abuja on the 14th of April 2014, killing seventy-five and wounding over a
hundred persons. During the trial, witnesses were not allowed to use face masks due to the opposition
from the defence, but made electronic testimonies and used pseudonyms. Eventually, the defendant
was discharged and the matter was struck out for “lack of diligent prosecution by the state”.151 The
146 [2018] LPELR 43969 C.A. 147 Dr, F. Waziri-Azi, ‘Legal Framework of Witness Protection Measures during Criminal Trial in Nigeria and Emerging
Practices’ Ibid. at p.8. 148 Ibid. at 36. 149 Ibid. 150 Unreported. Accessed [Online] at https://www.vanguardngr.com/2015/07/nyanyabombing-court-dismisses-
ogwuches-n600m-suit-against-fg/; see also: https://www.premiumtimesng.com/news/headlines/171825-alleged-nyanya-
bomber-clearedcourt.html. 151 Ibid.
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above show different approaches by the court in handling witness protection. Of course, this is due
to the discretionary nature of the Court’s duty to protect as regards choosing the measures to be
adopted. Under the ACJA, there would likely not be cases as in Aminu Ogwuche v FRN supra where
the judge makes such a refusal.
In section 1, where the purpose of the Act was provided, among the individuals whose interests were
to be concerned, witnesses were not mentioned. Of course, despite the fact that this does not directly
imply that the ACJA disregards the interest of witnesses, it shows that not much attention is paid to
it. Considering that legal institutions, the society, defendants, victims, and even suspects were spelt
out by the act as parties whose interests should be attended to, it can be concluded that the interest of
witnesses is not taken care of under the ACJA. Despite the lack of active witness protection by the
ACJA and the fact that it did not purpose to consider or even further the interests of witnesses in
criminal proceedings, it did not neglect to accord them rights.
4.4 THE RIGHTS OF DEFENDANTS UNDER THE ACJA
A defendant is, simply put, a person who an application or claim of legal proceedings has been
instituted against. In criminal proceedings, the defendant is the person(s) accused of committing the
reported crime and whose guilt the prosecution is burdened to prove. Defendants in criminal
proceedings usually start as suspects arrested by the police until a charge is officially issued against
them by the state. The rights of defendants are one of the earliest class of global and international
standards on the administration of criminal justice which have been settled and completely
domesticated by countries around the world. As a member of various international organisations and
communities, Nigeria is no exception and has even entrenched these set of rights in her constitution152
as part of the fundamental human rights of her citizens. The constitutional rights of defendants are as
follows:
a. The right to dignity of the human person i.e. right against torture or degrading treatment;153
b. The right to personal liberty154 with exceptions;155
c. The right to silence i.e. to remain silent;156
d. The right to be informed of the facts and reasons for being arrested;157
152 Constitution of the Federal Republic of Nigeria (1999) As Amended (2011) (CFRN) Cap. C23 LFN 2004. 153 Ibid. at section 34 (1). 154 Ibid. at section 35 (1). 155 See section 35 (1) (a-f) CFRN. 156 See section 35 (2) CFRN. 157 See section 35 (3) CFRN.
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e. The right to be brought before a court within reasonable time of being arrested;158
f. The right against prolonged detention (includes the right to bail for those entitled);159
g. The right against unlawful arrest;160
h. The right of compensation to those unlawfully arrested;161
i. The right to fair hearing;162
j. The right to be tried within reasonable time;163
k. The right to publicity of trial164 with exceptions;165
l. The right to the presumption of innocence;166
m. The right to be promptly informed of the offence charged against him;167
n. The right to adequate time and facilities to prepare for his case;168
o. The right to employ counsel/legal practitioner of his choice;169
p. The right to cross-examine prosecution witnesses;170
q. The right to have an interpreter for those who do not understand the Court’s language;171
r. The right to a copy of the judgement;172
s. The right against trial on retroactive legislation;173
t. The right against double jeopardy i.e. being tried or convicted on the same offence;174
u. The right against being tried for an offence for which one has received a pardon;175
v. The right against being convicted for offences not prescribed by law or facing penalties not
prescribed by law;176
w. The right to appeal;177
158 See section 35 (4) CFRN. 159 Ibid; see also section 35 (7) CFRN. 160 See section 35 (6) CFRN. 161 Ibid. 162 See section 36 (4) CFRN. 163 Ibid. 164 Ibid. 165 Ibid. at subsections (a) and (b). 166 See section 36 (5) CFRN. 167 See section 36 (6) (a) CFRN. 168 See section 36 (6) (b) CFRN. 169 See section 36 (6) (c) CFRN. 170 See section 36 (6) (d) CFRN. 171 See section 36 (6) (e) CFRN. 172 See section 36 (7) CFRN. 173 See section 36 (8) CFRN. 174 See section 36 (9) CFRN. 175 See section 36 (10) CFRN. 176 See section 36 (12) and (8) CFRN. 177 See sections 237-248 CFRN; especially, s.240.
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Being one of the main parties in a proceeding, it is only natural that statues concerning criminal justice
will make provisions concerning defendants. The ACJA, has also provided rights for defendants as
seen from section 1 of the Act. Some of these rights include – not limited to – the following:
a. Right to freedom from unnecessary restraint;178
b. Right to notice of the cause of arrest;179
c. Right to silence;180
d. Right to consult legal practitioner of his choice;181
e. Right to receive legal aid;182
f. Right to notice of the above three rights;183
g. Right against being arrested in lieu of another;184
h. Right to humane treatment;185
i. Right against being arrested for civil matters;186
j. Right to be brought before a court within reasonable time;187
k. Right against prolonged detention;188
l. Right to bail, for those entitled;189
m. Right to inventory of property recovered by the police during arrest;190
n. Right to property recovered by police unrelated to the crime if not found guilty of the crime;191
o. Right to notice of reason for charge;192
p. Right against double jeopardy;193
q. Right to publicity of trial;194
r. Right to make a defence;195
178 See section 5 ACJA. 179 See section 6 (1) ACJA. 180 See section 6 (2) (a) ACJA. 181 See section 6 (2) (b) ACJA. 182 See section 6 (2) (c) ACJA. 183 See section 6 (2) ACJA. 184 See section 7 ACJA. 185 See section 8 (1) ACJA. 186 See section 8 (2) ACJA. 187 See section 8 (3) ACJA. 188 Ibid. 189 Ibid; see also section 158 and 162-164 ACJA. 190 See section 10 (3) ACJA. 191 See section 10 (7) and 153 (3) ACJA. 192 See section 194 ACJA. 193 See section 238 ACJA. 194 See section 259 ACJA. 195 See section 267 ACJA.
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There has been a number of cases on defendant rights since the enactment of the ACJA, however,
most relate to pre-trial rights to human dignity and freedom from torture and other degrading
treatment. The courts respond differently to these issues in different scenarios and for the purpose of
this long essay, this chapter will cite two such cases. In Gabriel Torwua Suswam v Federal Republic
of Nigeria and Anor.196 The defendant was arraigned on 10/11/2015 and the case was presided over
by Hon. Justice A. R. Mohammed and proceedings continued until 24/9/2019 when the proceedings
resumed before a different judge, Hon. Justice O. E. Abang. The prosecution then applied that the
defendants be re-arraigned since the case was coming before the new Judge for the first time, however
the defence had made an application objecting to the jurisdiction of O. E. Abang. Eventually, the
defence lost and appealed to the court of appeal where among the issues considered was:
Whether the decision of Abang JSC being appealed against is in accord with the letter and spirit
of the administration of Criminal Justice Act which prevents nomadic or itinerant movement of
cases from one Court to the other and the clear absence of any order of the Hon. A.R. Mohammed
J lawfully recusing himself from charge no. FHC/ABJ/CR/362/2015 between Federal Republic
of Nigeria v. Gabriel Suswam and Omadachi Okolobia, the hearing notice showing that the matter
has been transferred by the Honourable Chief Judge of the Federal High Court and every step
taken thereafter are not:
i. Unlawful.
ii. Breach of the applicants’ right to fair hearing and equality of arms with the
prosecution.
iii. Breach of Section 36-(6) of the Constitution of the Federal Republic of Nigeria.
iv. Breach of numerous provisions, particularly Sections 1(1) and 396(7) of the
Administration of Criminal Justice Act 2015.
v. Illegal, unconstitutional and therefore null and void?197
Careful consideration of the issues by the Court led to the granting of the appeal in part, pursuant to
the constitution and the ACJA. This case, which was decided on this year is an apt description of how
important the provisions of the ACJA are to the court and that there is effective enforcement of the
rights of defendants accorded within. However, it is not all the time when a defendant pleas for these
rights that the court will grant them such leave. Observe the case Suraju and Olanrewaju v The State.198
In this case, the appellant shared an apartment with the deceased’s boyfriend. One night on 31st May,
2005, the 1st defendant forcefully had sexual intercourse with the deceased while his housemate was
196 [2020] LPELR 49524 C.A. 197 Ibid. 198 [2020] LPELR 49569 S.C.
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asleep. In order to prevent her from shouting, he blocked her mouth with bread, which eventually led
to her death due to suffocation. Being charged and arraigned for conspiracy and murder, the defendants
pleaded not guilty, however the prosecution tendered their confessional statements, admitting to the
crimes, in evidence.
To this, the defendants claimed that the statements were not made voluntarily and a trial-within- trial
was conducted which revealed that the claims of the defendants were untrue and they were judged
guilty of both charges. However, the defendants appealed. At the Supreme Court, it was considered
whether the trial and conviction of the defendant appellants were null and whether the trial courts
observed all requirements of the law. The appeal was dismissed for lacking merit as it was clear that
due process was followed. From this case, although the court recognizes and enforces – for example
their right to appeal – the rights of defendants, it is only to the extent that they do not disqualify
themselves – through their actions – from having these rights enforced.
It is important to note that the best source of rights for defendants in Nigeria is the constitution, which
is the country’s grund norm i.e. the ultimate statute to which all other legislations must defer.199 So, it
is only right to expect that as a subordinate legislation, the ACJA applies all the provisions of the
constitution in according rights to defendants, which is what can be observed above. Consequently,
this signifies that the rights of defendants provided for by the ACJA, in theory, meet all global and
international standards, are all-encompassing and can be considered ‘satisfactory’ in conclusion.
4.5 CHAPTER CONCLUSION
The provisions of the ACJA have been lauded as innovative and progressive, as bringing Nigeria up
to speed with global trends and standards. However, that assertion is not entirely correct. The
provisions of the ACJA on the rights accorded to victims, witnesses and defendants in criminal
proceedings, while falling short of the expectations set by the above assertion, are noteworthy when
viewing them from the perspective of Nigeria’s legislative history.
199 See section 1 CFRN.
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CHAPTER FIVE: CONCLUSION
5.1 OBSERVATIONS AND FINDINGS
The Administration of Criminal Justice Act (ACJA) 2015 is the leading criminal procedure legislation
in Nigeria at the federal level, replacing the former Criminal Procedure Code (CPC)200 and Criminal
Procedure Act (CPA)201. It is a legislation that has been written on positively and lauded with
expressions such as ‘innovative’ and ‘revolutionary’;202 it contains ground-breaking provisions –
respective to Nigeria’s administration of criminal justice history – and spells unprecedented progress
for the Nigerian criminal justice system, legal system and jurisprudence at large. This study for which
this long essay has been written has led to the observation that the reason for the overwhelming
agreement with this assertion among writers, scholars and jurists in Nigeria is founded on the purpose
of the Act provided in section 1 which reads as follows that:
This Act provides for the administration of criminal justice system which promotes efficient
management of criminal justice institutions, speedy dispensation of justice, protection of the
society from crime and protection of the rights and interest of the suspect, the defendant and
victims in Nigeria.203
The purport of the ACJA to cater towards the concerned parties in criminal proceedings beyond the
now obsolete, simplistic classification of the prosecution (the State) and the defendant, has been
established by research, to be the greatest merit of the ACJA; this point is the primary inspiration for
the study conducted. Although the previous statement has been found true, that particular element of
the Act is far from perfect and it has been discerned that these imperfections are due to the
incompleteness of the section as regards the relevant parties whose interests are important in criminal
proceedings; the most vital party was excluded!
Witnesses in criminal proceedings are the most vital. They are the primary and best source of evidence
and the presence or lack of witnesses is one of the deciding factors for the case of either side in the
proceeding. It must be noted that witnesses also include the defendant(s) and victim(s), who the Act
has deemed most important. A defendant or victim who is unwilling or unable to testify dampens the
200 CAP C41 LFN (2004). 201 CAP C42 LFN (2004). 202 See E. Okakwu ‘Analysis: Main Features of Nigeria’s Administration of Criminal Justice Act (Part 1)’ (August 9,
2018) Premium Times; see also M. L. Garba, ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and
Way Forward’ in National Association of Judicial Correspondents Lecture, 2017; Y. Akinseye-George, ‘Summary of
Some of the Innovative Provisions of the Administration of Criminal Justice Act (ACJA) 2015’; and A.R. Emma, ‘An
Appraisal of the Administration of Criminal Justice Act, 2015’. 203 See section 1 ACJA.
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tenacity of the argument for either side in the proceeding. The perception of this long essay – and the
study conducted prior – on witnesses upon research is that they are an irreplaceable and fundamental
part of criminal justice, however, the drafters of the ACJA seem to either be unaware of this fact or
have a different view as to their position in reality. This is reflected in the absence of witnesses as
part of the purported interests of the ACJA and is a crucial weakness of the Act. It is a weakness
because this fact causes jurists to be lax in the enforcement of the rights accorded to witnesses as this
has been made discretionary by the ACJA. The essence of according rights is so that they are enforced
and guaranteed, however, the nonchalance of the ACJA towards witnesses defeats this purpose and
has made the rights accorded, essentially, a waste of time.
Comparative to the aforementioned, the position of the ACJA on the other two categories of persons
as research has shown, is more enthusiastic. This resonates from the provisions of section 1 of the
Act, which, as quoted above, is nothing short of an express will and purport to cater for and towards
the interests of these two parties. Such dedication towards defendants is expected and can be
considered ‘normal’ due to the nature of criminal justice in Nigeria, which has been focused on
defendants since pre-colonial times. However, this attitude towards victims is novel and a big step
for the Nigerian administration of criminal justice towards the desired realm of being in tune with
international standards. Although it is not yet cohesive, progress deserves to be commended.
Overall, the research conducted in the course of the study has led to the following findings:
1) That the most distinctive aspect of the ACJA’s ‘innovative’ provisions is the selection of
rights accorded to various parties;
2) That the rights accorded to defendants by the ACJA are bulky in comparison to those accorded
to other parties;
3) That despite the ‘preference’ of the ACJA towards the interests and rights of defendants, the
provisions on their rights are not limited to the already established rights of defendants;
4) The rights accorded to defendants by the ACJA cover all necessary issues and are completely
satisfactory as regards global and international standards;
5) That the rights accorded to victims by the ACJA only fall slightly short of international and
global standards and can, for the most part, be considered adequate, effective and wholesome;
6) That the position of witnesses in the ACJA remain inferior and fall completely short of all
standards;
7) That despite the seeming disregard for witnesses by the ACJA, the Act is not indifferent to
them and accords them rights;
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8) That the rights accorded to witnesses by the ACJA are too limited to meet up to international
and global standards;
9) That the attitude, accorded rights and provisions generally of the ACJA on witnesses is a
crucial weakness of the Act;
10) That it is presently not feasible to assess the provisions of the ACJA on the rights of victims,
witnesses and defendants in reality due to a lack of cases, stemming from the Act’s newness;
11) That the provisions of the ACJA on the rights of victims, witnesses and defendants are
theoretically in the jet age in comparison to that of the CPA and CPC;
12) That the provisions of the ACJA on the rights of victims, witnesses and defendants when
viewed singularly, still have a lot of room for improvement;
13) That the provisions of the ACJA, as the greatest indicator of the state of Nigeria’s criminal
procedure, indicate significant progress in the development of the Nigerian jurisprudence; and
14) That the ACJA is indeed revolutionary in the Nigerian jurisprudence.
5.2 SUMMARY
This long essay is an appraisal of the rights of victims, witnesses and defendants in criminal
proceedings as provided for by the ACJA. The essay discussed the administration of criminal justice
system in Nigeria, beginning from its history and evolution from the pre-colonial era till the present
era of the ACJA. The discussions of this long essay following this, involve the ACJA itself, its history
and the impact of its enactment in Nigerian jurisprudence and especially the Nigerian administration
of criminal justice system; these discussions also include a bit of comparative analysis of the ACJA
against the CPA and CPC concerning the topic of the essay – the rights of victims, witnesses and
defendants. However, all of the above discussions were done as preparatory work for the main subject
of the essay, which is analysing the rights of the relevant parties to this study under the Act; this was
to provide comprehensive knowledge that would assist this main analysis.
The research that was done in the course of conducting the study for which this long essay is written
revealed that the ACJA rightly accorded rights to the relevant parties in this study, however, the
according of said rights was done in a less than satisfactory manner, respective to global and
international standards; creating avoidable gaps and weaknesses in an otherwise impeccable
legislation. Said standards are the benchmark for making the appraisal in this long essay partly
because they are the goal of any jurisprudence and because the ACJA was proven to be further ahead
in this direction compared to the CPA and CPC, meaning that there are no regrets for its enactment,
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but rather, the Nigerian jurisprudence, has, through the Act, secured a progressive position towards
meeting these standards. It is important to note that this Act has been enacted for merely five years.
The implication of this is a lack of case law to serve as a practical gauge for the Act. Nevertheless, it
gives room for theoretical analysis on the performance of the drafters of the Act to improve it before
the establishment of judicial precedent so that the bar which has been set could be raised higher sooner
and so that the goal of international and global standards will be in closer reach.
5.3 RECOMMENDATION(S)
The ACJA is a prominent legislation at this point in the development of the Nigerian jurisprudence
and as a largely unexplored area of knowledge, the findings of this study can make a significant
contribution to this development. Having conducted extensive research within the limitations of the
study and having made relatively sufficient analyses on the topic, this long essay has derived some
insightful comprehensions due to all of the above, creating room for recommendations to be made in
this chapter. The recommendations are twofold:
a. The amendment of the ACJA; and
b. The establishment of accompaniment systems, processes and/or programmes for the effective
enforcement of the rights accorded to victims, witnesses and defendants by the Act.
The ACJA, although sufficiently superior in comparison to the CPA and CPC, needs to be amended
as part of the way forward, due to the gaps identified in this chapter. The recommendations on
possible amendments to this end include:
1. The inclusion of ‘witnesses’ into section 1 of the Act. This would direct jurists to pay more
attention to them and would cement the efforts of the Act in according them rights in the first
place.
2. The removal of the restriction on witness protection rights. In the ACJA, only witnesses in
specific cases are accorded the right of protection, which internationally, is a right that should
be accorded to all witnesses. This is important because intimidation and fear – something
which is recognized by the ACJA – is one of the causes of absenteeism among witnesses and
the cause of unwillingness to testify. Although the respective cases where protection is
accorded are the most dangerous and serious, it does not mean that there is no threat in less
serious cases. Additionally, the ACJA’s attempt to ensure the presence of witnesses by
according the right to compensation for travel and for their time in court, unfortunately, will
not go far in solving this problem. One cannot expect people to cure their fears due to the
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promise of money; it is in fact, offensive. Hence, the right to protection should be extended
to witnesses in all cases.
3. There need to be express provisions giving victims importance in sentencing. Although
section 408 of the Act presently outlines the interest of the victim(s) as part of the criteria to
consider during sentencing, it is insufficient. Victims’ right to be involved in sentencing
should be provided for and they should be allocated a role. For example, a statement of the
victim(s)’s wish – if the defendant(s) is found guilty – can be submitted to the Judge as part
of the things to consider when deciding the sentence.
4. There needs to be a provision for state compensation. It is a standard that has yet to be adopted
and which should. Although there is provision for restitution or compensation from the
defendant, what if the defendant is unable to make restitution or compensate? Who should the
innocent victim(s) go to for the damages suffered unjustly due to the actions of the defendant?
The court granting them damages to be paid by the defendant is a volatile situation as they
may not be able to claim those damages in reality. So, it would be none-the-wiser for the State
to provide compensation in such circumstance as provided for by the UN Declaration on
Victims of Crime and Abuse of Power.
As earlier mentioned, it is important that stable systems or programmes for the enforcement of the
rights of victims and witnesses, especially protection and compensation, be arranged by the
government. This is because, these are the rights which are the newest to the Nigerian administration
of criminal justice system; to better enforce them, such accompanying programmes are useful. The
recommendations on this are as follows:
5. The establishment of a dedicated victim compensation scheme by the state. This would
function to arrange restitution and/or compensation for victims by the defendants if found
guilty so that the process would be more organised. Additionally, in situations where the
defendant is unable to make any restitution or compensation, victims can qualify for state
compensation benefits, especially when the victims are severely affected due to the actions of
the defendant. This should apply regardless of whether a guilty party is found or not so that
such victims do not end up suffering more as a result.
6. The establishment of a proper witness protection programme with at least the essentials of a
UNODC standard programme, similar to other countries which have developed such a system.
This is more of a long term solution as objectively speaking, the state of Nigeria’s technology
and infrastructure cannot ensure the success of such a project.
47
7. This point is due to the present unfeasibility of point (6) above. The establishment of witness
protection facilities in secure locations, preferably close to High courts, where witnesses
requesting protection may lodge for the duration of time that their presence is required. This
would be in addition to granting requests such as testifying through telecommunication,
behind barriers or with masks.
5.4 FINAL CONCLUSION
The drafters of the ACJA have done a huge favour and service to the Nigerian administration of
criminal justice, in particular, and the Nigerian jurisprudence at large. The provisions of the Act are
innovative and progressive enough such that the goal of meeting international and global standards
is within reach. However, it is not perfect legislation, there are certain weaknesses as regarding the
rights of victims, witnesses and defendants provided for under the Act that takes away from the
quality of the Act. Nevertheless, the essence of criticism is progress. It is hoped that the
recommendations of this long essay are taken into consideration or that at least they form a good
foundation for the further development of the Act and the administration of criminal justice system.
Conclusively, while there was a lot to be expected from the ACJA as regards the according of rights
to the relevant parties, due to the reputation of the Act and the ambitious provisions of section 1, the
ACJA did not disappoint in its delivery, regardless of its weaknesses.
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BIBLIOGRAPHY/REFERENCES
Books
1. A. Adeyemi, ‘Towards Victim Remedy in Criminal Justice Administration in Nigeria’.
2. R. Emma, ‘An Appraisal of the Administration of Criminal Justice Act, 2015’.
2. Black’s Law Dictionary. 11th edition. St. Paul, MN: West Publishing Group (2019).
3. J. J. McGrath, ‘The definition of crime’ in Ecclesiastical Criminal Law (1957).
4. O. Alubo, ‘Modern Nigerian Criminal Law’ (2014) University of Jos Press.
5. O. Okonkwo and Naish, ‘Criminal Law in Nigeria’ (2003) Spectrum.
E-Books
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2. Academic ‘Criminal Justice System’ in Blacks_law.enacademic.com. Accessed [Online] at:
https://blacks_law.enacademic.com/6659/criminal_justice_system#:~:text=criminal%20justice%20s
ystem%20%E2%80%94%20n.,The%20Essential%20Law%20Dictionary. Accessed on 15th
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7. Merriam-Webster, ‘Crime’ in Merriam-Webster.com Dictionary. Accessed [Online] at:
https://www.merriam-webster.com/dictionary/crime. Accessed on 15th November, 2020.
8. Merriam-Webster, ‘Right’ in Merriam-Webster.com Dictionary. Accessed [Online] at:
https://www.merriam-webster.com/dictionary/right. Accessed on 15th November, 2020.
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10. O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book
of Criminal Justice Systems: Nigeria. Accessed [Online] at:
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https://dictionary.thelaw.com/fundamental-right/. Accessed on 15 November, 2020.
Journals
1. A. J. Oluwole and A. A. Abideen, ‘Socio-cultural Conditions of Victims and their Crime
Reporting Practices in Lagos, Nigeria’ in African Journal of Criminology and Justice Studies
(AJCJS) Vol. 9, Issue 1 (May 2016) ISSN 1554-3897. Accessed [Online] at:
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0ADERINTO%20%20FINAL.pdf. Accessed on 15th November, 2020.
2. E. Eluwa ‘Witnesses, Experts and Victims: Imperatives for The Criminal Justice System in
Nigeria’ in DPP IMO STATE, PUBLICATION. Accessed [Online] at:
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2020.
4. F. Waziri-Azi, ‘Legal Framework of Witness Protection Measures during Criminal Trial in
Nigeria and Emerging Practices’ in European Journal of Research in Social Sciences, Vol. 7, No. 1,
2019, ISSN 2056-5429. Accessed [Online] at: http://www.idpublications.org/wp-
content/uploads/2018/12/Full-Paper-LEGAL-FRAMEWORK-OF-WITNESS-ROTECTION-
MEASURES-DURING-CRIMINAL-TRIAL-IN-NIGERIA.pdf. Accessed on November, 2020.
5. G. R. Woodman, ‘African Legal Systems’, in J.D. Wright, International Encyclopaedia of the
Social and Behavioural Sciences (2nd ed. Elsevier, 2015). Accessed [Online] at:
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https://www.sciencedirect.com/referencework/9780080970875/international-encyclopedia-of-the-
social-and-behavioral-sciences. Accessed on 30th October, 2020.
6. K. A. Anele, ‘The Criminal Justice System and Ordeal of Victims of Crime in Nigeria: A
Preliminary Observation’ in SOPHIA: An African Journal of Philosophy, Vol. 8, No. 2 (2006)
eISSN: 1119-443X. Accessed [Online] at:
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7. M. I. Shehu, M. F. B. Othman and N. B. Osman, ‘Nigerian Justice System: The Ideal, Hope
and Reality’ in Sahel Analyst Journal of Management Sciences (Vol.15, No.3, 2017), University of
Maiduguri, ISSN 1117-4668. Accessed [Online] at:
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AL_HOPE_AND_REALITY. Accessed on 16th November, 2020.
8. R. Smith, ‘Peace and Palaver: International Relations in Precolonial West Africa’ in Journal
of African History (1973) 14. Accessed [Online] at:
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international-relations-in-precolonial-west-africa1/AF4FD833016E85A0CE08853C7DD11008.
Accessed on 4th November, 2020.
9. S. G. Barnabas and A. N. Obeta, ‘An Examination of the Coexistence of Statutory and
Customary Criminal Law in Nigeria’ in International Journal of Social Sciences. Accessed [Online]
at:http://www.sobider.net/FileUpload/ep842424/File/my_paper_with_barnabas-
an_examination_of_the_co-existence_of.pdf. Accessed on 4th November, 2020.
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Emerging Field’ in RAUSP Management Journal, Vol. 53, No. 3. Accessed [Online] at:
https://doi.org/10.1108/RAUSP-04-2018-010. Accessed on 15th November, 2020.
11. U. A. Yusuf and S. S. Yahaya, ‘Crime Victims and Criminal Justice Criminal Administration
in Nigeria’ in Global Journal of Interdisciplinary Social Sciences (G.J.I.S.S.) Vol. 3 No. 5
(September-October, 2014) ISSN: 2319-8834. Accessed [Online] at:
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nigeria.pdf. Accessed on 16th November, 2020.
Articles
1. A. C. Chinyere, ‘Extending the Frontiers of Remedies for Crime Victims in Nigeria’ in
LegalPedia. Accessed [Online] at: https://legalpediaonline.com/extending-the-frontiers-of-remedies-
for-crime-victims-in-nigeria/. Accessed on 4th November, 2020.
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2. I. B. J., ‘Nigeria’ in Criminal Defense Wiki. Accessed [Online] at:
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Forward’ in National Association of Judicial Correspondents Lecture, 2017. Accessed [Online] at:
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System’ in University of Nigeria Law Students Journal (UNLSJ), Vol. II (2015). Accessed [Online]
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5. O. O. Ojo, ‘Right of an Accused Person under the Nigerian Criminal Justice System’ in
ResearchGate and Academia (March 2020). Accessed [Online] at:
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Nigeria’ in University of Pretoria Publications. Accessed [Online] at:
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7. PRAWA Project ‘Improving the Attendance Rate of Witnesses in Criminal Cases’ Accessed
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9. S. O. Ogundipe and B. Belgore, ‘Conducting Litigation in Nigeria’ in Lexicology. Accessed
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12. Y. Akinseye-George, ‘Summary of Some of the Innovative Provisions of the Administration
of Criminal Justice Act (ACJA) 2015’. Accessed [Online] at:
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Newspapers, Magazines and Periodicals
1. D. Obasa, ‘LAW & U: Rights of an Accused Person in Nigeria’ (February 2, 2018) Osun
Defender. Accessed [Online] at: http://www.osundefender.com/law-u-rights-of-an-accused-person-
in-nigeria/. Accessed on 17th November, 2020.
2. E. Okakwu ‘Analysis: Main Features of Nigeria’s Administration of Criminal Justice Act
(Part 1)’ (August 9, 2018) Premium Times. Accessed [Online] at:
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administration-of-criminal-justice-act-part-1.html. Accessed on 4th November, 2020.
3. S. Okolie, ‘Defendant’s Right in Criminal Trial’ (December 13, 2018). Independent News,
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Accessed on 17th November, 2020.
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