ACJA

CHIEF JUDGE, OCJ OKOCHA LAUD CORDELIA EKE AT BOOK LAUNCH

The Chief Judge of Rivers State, Justice Simeon Amadi and former Nigerian Bar Association President, Chief O. C. J. Okocha SAN were among dignitaries who poured encomiums on senior lawyer and Director in the Rivers State Ministry of Justice, Mrs. Cordelia Eke at the public presentation of her book on criminal justice administration.

In his remarks, Justice Amadi noted that the book is an invaluable contribution to efforts to promote criminal justice administration, adding that it is one of the few books on the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Law. According to the jurist, “There have not been many books on this subject,” even as he recommended the book to all stakeholders.

On his part, Okocha, who was Chairman of the Occasion, chided the Federal Government for its poor handling of Nigeria’s security, noting that there is a nexus between security and criminal justice administration.

The former NBA helmsman said that “The Federal Government should beef up security in this country from this people they call bandits, terrorists, separatists, whatever. They have sworn to protect life and property. Security has gone to its lowest level in Nigeria. This country should admit that it has failed. Otherwise, it should do the best it can to restore peace, law and order.

“Criminal justice is at the root of law enforcement, because at the end of the day, those who are found culpable for committing crimes must be taken to court and justice will be delivered.”

Eke, who is also the South-South Coordinator of African Women Lawyers Association (AWLA), said that she was inspired to write the book, “Criminal justice in Nigeria: A practical guide,” to guide judges, prosecutors and defence lawyers among others in navigating the difficult criminal justice terrain.

Her words: “With over 23 years experience in criminal prosecution and having shouldered various other responsibilities in the sector, I have seen good cases bungled by shoddy investigation by law enforcement agents, prosecutors losing their cases due to lack of attention to detail or non-compliance with the law, Legal Advice wrongly offered, and defence counsel that are unable to take advantage of opportunities in the interest of their clients because they are unaware of legal provisions in their favour. The judiciary is not left out either.”

Aside from Justice Amadi and Okocha, other dignitaries that attended the book presentation include Justice Dagogo-Jack who represented the First Lady of Rivers State, Justice Suzette Nyesom-Wike; the Vice Chancellor of Rivers State University, Prof. Nlerum Okogbule; Mrs. Efe Etomi, President of AWLA Nigeria and Partner at FRA Williams & Co; HRH Serena Dokubo-Spiff, Principal Partner at Serenity Legal Union; Mr. Sylvester Udemezue of the Nigerian Law School who was the Book Reviewer; a representative of the President of the Customary Court of Appeal, Justice L. T. Senewo; Mr. Elemchukwu Eke, the author’s spouse and Chief Azibaola Robert, the Chief Launcher who took 400 copies of the book for donation to indigent Law students in four higher institutions of learning.

The book is a seminal contribution to the study and practice of criminal law in Nigeria. It is also a compass for persons outside the country who wish to navigate through the Nigerian criminal justice system and gain an understanding of how it operates. It is written from a practitioner’s perspective, and is aimed at identifying and addressing practical issues thrown up on a daily basis with a view to improving the level of criminal justice practice and equipping intending practitioners with the necessary tools to enable them have a seamless practice experience.

The author dissects the Administration of Criminal Justice Act (ACJA) and presents the topics in a reader-friendly manner, with anecdotes from actual courtroom experiences, statutory and judicial authorities, tips for lawyers and suggestions for reforms in certain cases. One of the highlights is the examination of the provisions concerning children in the criminal justice system, whether as victims or offenders.

Eke was admitted to the Nigerian Bar in 1995. She obtained a Master of Laws (LLM) degree in Public International Law from the University of Kent, Canterbury, in the United Kingdom and has practiced law both in the private and public sectors.

She has published several scholarly articles on the criminal justice system in authoritative peer-reviewed journals and was the Editor-in-Chief of the NBA SBL Business Law News Magazine (2007-2010) and the NBA Port Harcourt Branch BarNews (2006 – 2008). She was also the Editor of the African Women Lawyers Association (AWLA) Nigeria, Rivers State Branch publication, “Handbook on Widows Rights in Nigeria.”

Eke was a resource person on ACJA at the NBA Annual General Conference (AGC) in 2017 and has presented papers on the subject at various seminars and workshops. She was a Council Member of the NBA Human Rights Institute; Chairman, Prosecution Manual Drafting Committee and Team Lead, Honorable Attorney-General’s Special Legal Advice Decongestion Committee, both in the Rivers State Ministry of Justice, among others. She is also a member of several professional organizations. She is married with children.

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ACJA: NYESOM-WIKE, OCJ OKOCHA, RIVERS CJ SET FOR BOOK LAUNCH

Prominent Bar Leader and Director in the Rivers State Ministry of Justice, Cordelia Eke will on Wednesday unveil her book on the criminal justice system titled “Administration of Criminal Justice in Nigeria: A Practical Guide.”

Billed to hold at the exquisite Nigerian Bar Association Port Harcourt Branch House by 1:00 pm, the public presentation and launch of the book will hold under the chairmanship of the 19th NBA President, Hon. O. C. J. Okocha SAN, with the Rivers State Attorney General and Commissioner for Justice, Prof. Zacchaeus Adangor SAN as Chief Host.

The wife of the Rivers State Governor, Her Excellency, Hon. Justice Eberechi Suzette Nyesom-Wike is the Special Guest of Honour while the Chief Judge of Rivers State, Hon. Justice Simeon Chibuzor Amadi is expected to grace the occasion with members of the bench.

While legal practitioners and law students in advanced programmes are expected to participate in the public presentation and launch, the Book Reviewer is the erudite Nigerian Law School lecturer and prolific writer, Mr. Sylvester Udemezue.

The hybrid event will be preceded by a 10% discount on the cover price for those who pre-order the book online, via Sellar, before the launch date.

The book is a seminal contribution to the study and practice of criminal law in Nigeria. It is also a compass for persons outside the country who wish to navigate through the Nigerian criminal justice system and gain an understanding of how it operates. It is written from a practitioner’s perspective, and is aimed at identifying and addressing practical issues thrown up on a daily basis with a view to improving the level of criminal justice practice and equipping intending practitioners with the necessary tools to enable them have a seamless practice experience.

The author dissects the Administration of Criminal Justice Act (ACJA) and presents the topics in a reader-friendly manner, with anecdotes from actual courtroom experiences, statutory and judicial authorities, tips for lawyers and suggestions for reforms in certain cases. One of the highlights is the examination of the provisions concerning children in the criminal justice system, whether as victims or offenders.

According to the author, “With over 23 years experience in criminal prosecution and having shouldered various other responsibilities in the sector, I have seen good cases bungled by shoddy investigation by law enforcement agents, prosecutors losing their cases due to lack of attention to detail or non-compliance with the law, Legal Advice wrongly offered, and defence counsel that are unable to take advantage of opportunities in the interest of their clients because they are unaware of legal provisions in their favour. The judiciary is not left out either.”

Eke was admitted to the Nigerian Bar in 1995. She obtained a Master of Laws (LLM) degree in Public International Law from the University of Kent, Canterbury, in the United Kingdom and has practiced law both in the private and public sectors.

She has published several scholarly articles on the criminal justice system in authoritative peer-reviewed journals and was the Editor-in-Chief of the NBA SBL Business Law News Magazine (2007-2010) and the NBA Port Harcourt Branch BarNews (2006 – 2008). She was also the Editor of the African Women Lawyers Association (AWLA) Nigeria, Rivers State Branch publication, “Handbook on Widows Rights in Nigeria.”

Eke was a resource person on ACJA at the NBA Annual General Conference (AGC) in 2017 and has presented papers on the subject at various seminars and workshops. She was a Council Member of the NBA Human Rights Institute; Chairman, Prosecution Manual Drafting Committee and Team Lead, Honorable Attorney-General’s Special Legal Advice Decongestion Committee, both in the Rivers State Ministry of Justice, among others. She is also a member of several professional organizations. She is married with children.

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  • EMEKA NWADIOKE
  • Jan 07, 2022
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  • Comments Off on ‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

The Committee against Torture (CAT), a United Nations entity, has poked holes in the implementation of the Administration of Criminal Justice Act, saying there are “numerous shortcomings” in the implementation of the fundamental safeguards secured by the Act.

In its latest report on torture in Nigeria, the Committee commended the enactment of the legislation, but decried poor implementation which has made the realization of its safeguards a pipe dream.

According to CAT, “While welcoming the State party’s enactment of the Administration of Criminal Justice Act and its commitment to continue strengthening the justice system made during the universal periodic review (see A/HRC/40/7/Add.1), the Committee is concerned that despite the existing legal provisions, the implementation of fundamental safeguards is subject to numerous shortcomings.”

The Committee listed the implementation challenges to include: many instances in which persons are held in police custody beyond the legal time limit of 24 or 48 hours (in contravention to the section 35 of the Constitution and section 62 of the Police Act); the allegations of arbitrary arrests and incommunicado detentions without any contact with the relative or person of their choice and the absence of systematic and consistent use of registers of persons deprived of liberty at all stages of detention and details thereof, and the reports that the arrested persons do not receive routinely information about the reason of arrest and about their rights, including the right to legal representation.

Others are the fact that legal aid is difficult to obtain in practice, despite the establishment of the Legal Aid Council of Nigeria with its underfunded offices in all thirty-six states; the lack of routine audio or video recording of the questioning during the investigation in police custody despite a specific requirement provided for in law, and the absence of an independent medical examination from the outset of detention (art. 2).

The Committee then urged the Federal Government to: Ensure the right of detainees to be brought promptly before a judge, or to be freed, and to challenge the legality of their detention at any stage of the proceedings; Ensure that persons have their deprivation of liberty accurately recorded in registers at all stages of the proceedings and ensure their right to inform a relative or another person of their choice of their arrest or detention, and Ensure that arrested and detained persons are informed immediately of the accusations and charges against them and that they are able to have prompt access to a lawyer or to free legal aid throughout the proceedings, including during the initial interrogation and inquiry, in line with the Basic Principles on the Role of Lawyers and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

The Federal Government is also to: Provide the human and financial resources needed to ensure the proper functioning of all local branches of the Legal Aid Council; Ensure that the questioning of persons deprived of their liberty is video recorded, that those recordings are stored in a safe place under the control of oversight bodies and that the recordings are made available to investigators, detainees and their lawyers; Provide necessary technical and financial support to the police stations to facilitate the implementation of this recommendation, and Ensure that detainees have the right to request and obtain medical examination by an independent physician or a physician of their choice and that such medical examination is available without conditions and in full confidentiality promptly upon arrival at a police station, detention centre or prison.

The government is again urged to provide adequate and regular training on relevant legal provisions, monitor the compliance and penalize any failure on the part of officials to comply.

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

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UNIFIED CRIMINAL CODE SOON – AKINSEYE-GEORGE

It was a charged atmosphere in Lagos as jurists dissected the draft Unified Penal and Criminal Codes initiated by the Centre for Socio-legal Studies. The roundtable which held at Lagos Ibis Hotel, Lagos was designed to seek inputs from stakeholders towards fine-tuning the draft into a bill.

In a welcome address to the national workshop on the reform of criminal/penal codes and the Code of Conduct Bureau and Tribunal Act, Professor Yemi Akinseye-George SAN, President of the centre, said the forum is designed to share the proposals being developed at the centre for improving criminal justice administration and strengthening accountability and transparency in Nigeria.

According to the foremost jurist, “The centre has been conducting studies into the substantive criminal laws, particularly the Penal Code and the Criminal Code as applicable to federal offences.”

“In addition to presenting the findings from our studies of the federal criminal provisions, this workshop will also enable the centre to receive additional inputs from the stakeholders in Lagos and other Southern States,” he said. “This workshop is part of a larger project which seeks improvements not only in the procedural laws relating to the anti-graft campaign but also in the substantive criminal laws which would have lasting impact on the struggle to build the legal system into a stronger bulwark for transparency and accountability.”

Bemoaning the fact that Nigeria’s substantive laws are trailing the Administration of Criminal Justice Act 2015 (ACJA), the leading law reform advocate said: “Clearly, our society has changed so drastically in the last sixty years so much so that the laws which were made in the sixties are no longer capable of addressing the needs and challenges of the present.”

Akinseye-George noted that while States such as Lagos, Adamawa, Kaduna, Plateau and Kano have enacted new criminal laws and penal codes, “the Federal Government continues to rely on the outdated Federal criminal provisions which remain the primary substantive criminal laws applicable in the FCT and the federal courts.”

The jurist chided federal lawmakers for churning out “uncoordinated enactment” that are “neither predicated on any scientific Needs Assessment nor on deliberate attempt at avoiding over-legislation, contradictory or overlapping provisions.”

He stated that the task of harmonizing federal criminal provisions is “long overdue,” adding that “The poor quality of some of the laws being churned out by the National Assembly has created an awkward situation in which the President has returned many Bills unassented on account of superfluity or inconsistency with other laws. A good example is the recent Proceeds of Crime Bill, a much-needed anti-graft tool, to which Mr. President declined his Assent.”

Akinseye-George expressed concerns that while the ACJA contains modern procedures, “the Codes which the ACJA is used to enforce are largely outdated having not been improved upon since passage in the 1960s. Currently, there is little or no interest in enforcing the outdated codes as they are not relevant to the modern times and prescribe weak punishments for corruption and other crimes.”

Noting that the centre was instrumental in the enactment of both ACJA and the Evidence Act 2011, he listed the fundamental principles governing reform of the codes to include decriminalization of petty offences, repositioning the criminal laws as instruments of good governance and socio-economic development, boosting relevance to contemporary needs of the society such as improving economic opportunities for the great majority of Nigerians, improving access to justice for the vulnerable, simplification of offences, institutionalization of restorative justice mechanisms, harmonization with the Constitution and existing laws, and consistency with modern criminal justice system and global best practices.

Akinseye-George stated that the proposals would be consolidated into draft Bills and forwarded to the Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN and “proactive members of the National Assembly” for possible passage into law.

Among the dignitaries who attended the workshop are Justice Yetunde Pinheiro of the Lagos High Court, Justice Eniola Fabanwo of Ogun State High Court, Chief Magistrate Adedamola Paul of Lagos State Judiciary, and Prof. Iyabode Ogunniran of Faculty of Law, University of Lagos among others.

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