WARRANT, ARREST, SEARCH, REMAND, BAIL AND

HUMAN RIGHTS ISSUES UNDER THE

ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

BYADENEKAN SHOGUNLE

Assistant Commissioner (legal)

ICPC Hqrs.Abuja.

29th Oct, 2015.

INTRODUCTION• One of the most important objectives of the ACJA

2015 is to promote the efficient management and credibility of the administration of criminal justice process in Nigeria;

1. conscious efforts to strengthen the rights of the Defendant;

2. reduce delays in the criminal justice process.

• This paper will examine some of the pre-trial processes and explain the new reforms designed to protect the rights of the Defendant.

HUMAN RIGHTS

• Guaranteed under Chapter IV CFRN 1999 as amended

• Life;

• Liberty; freedom from arbitrary arrest and detention

• Torture and inhuman treatment;

• Fair hearing; presumption of innocence, etc

• Property; wrongful seizures, etc

• Private and family life; arrest by proxy, wiretapping etc.

• etc

WHY GUARANTEE HUMAN RIGHTS IN

CRIMINAL PROCESS?

STATISTICS• Since year 2000- 178 civil suits V ICPC;

• Mostly for alleged or threatened breach of fundamental rights;

• Over N25b in claims for damages;

• Lost 6 cases; with N28.5m only awarded in damages and costs;

• NATH AHIAKWO (2007) v ICPC

• ABEBE v ICPC (2009)- N5M

• FAITH SALISU v ICPC (2013) - N3M

• INYANG GEORGE v ICPC (2014)- N20M

• All three cases pending on appeal

• Note: Over N80B judgment debt pending against Federal Government as at year 2012

• N12B yearly budgetary allocation to settle judgment debts against MDAs.

PRE-TRIAL PROCESSES:INVESTIGATION

PRE-TRIAL PROCESSES INCLUDE;

• Processes to compel attendance of defendant; arrest/remand/bail;

• Processes to aid discovery and recovery of evidence; searches/seizures/ preservation;

• Processes to guarantee a fair and expeditious trial; time and facilities to prepare defense; consultations with solicitors, etc.

WARRANT(S. 35 -49 ACJA 2015)

• A document or writ giving authority to do something incident to the administration of justice, e.g.-

• Arrest warrant

• Search warrant

• Bench warrant

WARRANTSS.36 (1-2)ICPC ACT, 2000-

• Authorizes ICPC Chairman by written order to direct an officer to obtain a court order to;

• Break open, enter and search;

• Seize and preserve;

• Arrest and detain.

General authority to issue warrants- S.35 ACJA 2015

• Warrants to be issued on oath; there must be an affidavit setting forth the grounds- S.37

• Procedure on arrest of suspect outside jurisdiction of court issuing warrant; S. 46(1-2);

• Warrant issued by Federal High Court enforceable in any part of Nigeria.- S. 47(1).

• Fresh warrant required to re-arrest escapee suspect; S.48

WARRANTS

ARREST• BEFORE

• Suspect needs only be informed of reason and grounds for his arrest; e.g. see cautionary words-

S.5 CPA; S. 38 CPC; S.56 (3) ICPC Act, 2000

“ You have been arrested on allegation concerning …….and whatever you say or write may be used in any court of law hereafter”.

• AFTER

• S. 6 and 17 (1-5) ACJA 2015 provides that Suspect must not only be promptly informed of reason and grounds for his arrest but must also be informed of his right to remain silent or consult a solicitor or any other person of his choice before required to make a statement.

• See generally S. 36(6-11) CFRN, 1999.

BEFORE: AFTER• Omnibus wordings of S.

10 (1)CPA was exploited to carry out Illegal arrests;

• Petty quarrels and civil disputes

• Arrest by proxy;

• Overcrowded police cells and awaiting trial syndrome.

• Lack of accountability; missing exhibits etc

• S.7 ACJA specifically prohibits arrests by proxy

• S. 8(1) provides for humane treatment and prohibits torture

• S.8(2) prohibits arrest for civil wrongs or breach of contract;

• S.10 provides for mandatory inventory of items seized or recovered from suspect upon arrest and search.

RECORD OF ARREST

• S. 15 ACJA 2015 requires mandatory record of personal data of person arrested, stating;

• Alleged offence;

• Date and circumstances of arrest;

• Name, occupation and residential address of the suspect;

• Means of identification-usually biometric details-height, photograph, fingerprints, colour of eyes, tribal marks, complexion, etc

Please note: S.28 & 29 requires monthly and quarterly reports of persons arrested, in detention or bail to be submitted to Magistrate within jurisdiction and Attorney General respectively.

SEARCH• S.143-157 ACJA 2015 similar to S. 36-38

ICPC Act, 2000

• Search warrant may be issued and executed at anytime, including on Sundays or public holidays;

• No expiry; remains in force until executed;

• Preservation, sale or restoration to rightful owner if perishable or noxious

• Gender sensitive- S.36(3) ICPC ACT/ 149(3) ACJA 2015

REMAND• This refers to a process where a suspect who is yet to be

charged with an offence is ordered, by a Court, to be kept in custody, pending his bail, trial or release.

• ACJA 2015 has helped to streamline the procedure and requirements for obtaining remand orders.

• Only for probable cause shown;

• Nature and gravity of alleged offence;

• Reasonable grounds to believe suspect is implicated;

• Reasonable grounds to believe suspect may abscond, commit other offences or interfere with investigation

• Time protocol of 14 days in the first instance; gives proactive powers to Court to inquire into status of investigation. S. 296 ACJA 2015

BAIL• Generally every offence is bailable under S. 42(1) ICPC

Act, 2000

• S. 30-32, 158-164 ACJA 2015 contains more detailed and elaborate provisions on conditions for bail; especially in capital offences;

• Removes any cultural or social restrictions on the suitability of women to stand surety for any defendant; s. 167(3).

• Provides for registration and use of professional bondspersons by the Chief Judge; s. 187

CONCLUSION The ACJA 2015 has generally been hailed

as a watershed piece of legislation designed to transform our criminal justice system.

The success of the new reforms will however depend on the commitment of all relevant stakeholders to take benefit of the innovations and further advance the course of justice, promotion of human rights without compromising the fight against corruption.

Thank you!