To ensure proper implementation of the Administration of the Criminal Justice Act (ACJA) Law in Enugu State, the police, lawyers and magistrates must stop “their old ways of doing things” that caused needless delay in the administration of criminal justice.
This view was strongly expressed by the International Federation of Women Lawyers (FIDA), Enugu State Chapter Chairperson, Barrister Sylvia Abana, and the Nigerian Bar Association Enugu Branch Chairman, Barrister Anene Ojinta, respectively.
Both Abana and Ojinta spoke in separate interviews with Daily Trust on Sunday shortly after the second quarter Enugu State Level Working Group meeting on, “Promoting Accountability and Transparency in The Administration of Criminal Justice System in Enugu State” held in Enugu.
Abana said a situation in which a magistrate would seek a remand order from the state Attorney General who, in line with the ACJ Act, would give legal advice, was a disturbing development since the ACJA was originally intended to fast-track the process of administration of criminal justice.
“Another instance – when somebody is arrested – they say you have to get a remand order; you have to approach the magistrate who has to also go to the Attorney General to get a legal advice. What’s the essence of getting to the AG for legal advice before you get a remand order?” she said.
She said that another serious challenge to the implementation of the ACJ law in the state was the ACJA provision which insists the suspects should be filmed or videoed to ensure they are not tortured by security agents while trying to get statements from them, noting that irregular electricity supply affecting the society including police stations was a big obstacle to such provision.
“I thought ACJA came to quicken the administration of criminal justice but going through all these processes or protocol, is delaying justice; and justice delayed is justice denied. ACJA came to hasten the administration of criminal justice and at the same time, is obstructing the process of justice.”
She advocated for an enabling environment to be created by all the concerned authorities in order to remove the obvious obstacles in the implementation the ACJ Act or law as a way of giving people justice.
Also, the State NBA chairman, Ojinta saw the implementation of the Act as a situation in which “people are very lethargic,” noting that those who ought to implement the Act “have difficulty adapting to changes.” He noted that the “concerned authorities” prefer the old ways of doing things.
According to Ojinta, “this lethargy is both on the part of lawyers, police and the magistrates. Some magistrates are yet to come to terms with the fact that the administration of criminal justice law in Enugu State is aimed at fast-tracking the pace at which matters are dispensed.
“For instance, rather than go the whole hug of taking evidence in chief; some witnesses will be speaking at very low tone and playing all manners of gimmicks, let the thing be put down in writing and filed in court.
“All you now need is to ask questions during cross-examination and by so doing, save a lot of time. In a situation a magistrate can take a witness a day; that magistrate can also take three witnesses a day. You notice that such measure will give rise to speedy trial. Another thing is that such method accords with the principle of criminal justice that you do not spring surprises on your adversary.”
The objective of the meeting was to discuss updates and challenges in the implementation of ACJA Act and ACJ Law 2017 in Enugu State, according to Mrs. Miriam Menkiti, Executive Director of WINET.
The meeting was attended by officials of Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other related Commission (ICPC), Legal Aid Council, National Youth Service Corp (NYSC), FIDA, NBA, among others while it was sponsored by the CLEEN Foundation and its partners in Enugu – Women International Network (WINET) and AFRILAW with support from MacArthur Foundation.
