10 years after the Administration of Criminal Justice Act (ACJA) was passed into Law in May of 2015, the 2nd Vice President of the Nigerian Bar Association; Mrs. Bolatumi Animashaun (who is also the Alternate Chair of the NBA Human Rights Institute) in collaboration with the Vice Chairs of the NBA Branches in the Western Zone (Lagos, Ogun, Oyo, Osun, Ondo, Ekiti, Edo and Delta States) with support from the Centre for socio-legal Studies and Juritrust Centre for Socio-legal Studies and Documentation, organized the NBA Western Zone Human Rights Summit which took place on the 4th and 5th of June, 2025 at the Aare Afe Babalola Bar Centre, Iyaganku, Ibadan, Oyo State to discuss how well ACJA had performed.
The Two-Day Human Rights Summit themed: Human Rights, Law Enforcement and The Administration of Criminal Justice discussed the following issues:
• The ACJA since 2015: How Effective: Data Sharing – Addressed by Prof. Akinseye-George SAN in a Paper delivered on his behalf;
• How Relevant or Effective are the ACJMCs; Monitoring and Evaluation: The Role of Civil Society – Addressed by Prof. Akeem Bello (University of Lagos) and Mr. Gbemi Jaiyebo of Juritrust Centre;
• Perspective from the Bench on Remand Process, Holding Charges, Criminal Case Management/Follow up mechanism – Addressed by Hon. Justice Olubunmi Fadipe of Lagos State Judiciary and Hon Justice S. Akintola of the Oyo State Judiciary;
• Arrest Protocols, Framing of Charges – Challenges faced in the Implementation of the ACJA – Addressed by Retired Commissioner of Police Fatai Owoseni, Mr. Okoli Chidi of EFCC, R. O. Olayiwola; the Officer in Charge, Nigerian Correctional Service Agodi, Oyo State Command and a Legal Officer from ICPC
• Magistrates Visitation to Detention Facilities and the Police Duty Solicitors Scheme (PDSS) – Addressed by Mr. Femi Falana SAN;
• Past NBA Interventions in the effective delivery of the ACJA – Addressed by Abiola Olagunju, Former General Secretary of the NBA;
• Public Interest Litigation and its Challenges – Addressed by Kunle Edun SAN;
• Interventions from the Official Bar in Monitoring the Effective Implementation of the ACJA – Addressed by Mrs. Tola Rotimi, Retired Director at the Lagos State Ministry of Justice;
• People Centered Justice Mechanisms – Addressed by Gbolahan Adeniran, Fmr Attorney-General and Commissioner for Justice, Ogun State
• Disclosure; as it affects the trial rights of defendants – Addressed by Dr. Charles Adeogun-Philips SAN, Fmr UN Prosecutor
• Unifying the ACJA – Addressed by Prof. J.O.A. Akintayo, Dean of Law; University of Ibadan
Other Contributors included:
a) Adebayo Ojo; Former Attorney General of Oyo State
b) A Fmr Attorney General of Delta State
c) Mr. Odabi, the Director of Public Prosecution (DPP) Edo State
The Summit was also attended by:
1. Members of the Judiciary (Magistrates and Judges) from Oyo and Lagos State
2. The NBA President, 1st Vice President, General Secretary and National Treasurer
3. NBA Vice-Chairs from Lagos, Ogun, Oyo, Ondo, Edo and Delta States
4. Law Enforcement/ Security Agencies from NSCDC, the Nigeria Police, EFCC, ICPC, NCOS, Nigeria Army
5. Members of the Human Rights Committees of NBA Branches in the Western Zone
6. Law Students from University of Ibadan
All of whom made vital contributions to the issues discussed and a resolution reached to publish a standard operating procedure on Arrests, Detention and Prosecution of Criminal Cases in Nigeria.
Some of the suggestions for reform at the summit include:
➢ To synergies efforts in implementing ACJA to ensure proper implementation of the ACJA, through the Administration of Criminal Justice Monitoring Committee (ACJMC) which is a body empowered to monitor, coordinate and strengthen collaboration between stakeholders to create harmony in the Nigerian criminal justice system.
➢ Attorneys-General should make provisions for electronic records of arrests in their States to reduce indiscriminate arrests and unnecessary prosecution that waste tax payers’ monies.
➢ ACJMCs should improve their data collecting mechanisms
➢ Every Branch of the Nigerian Bar Association should to reach out to their State’s Attorney-General to make certain demands for the implementation of the provisions of the ACJA.
➢ Lagos Criminal Information System, The Judiciary Information System, The New ACJL (2021) which has created the criminal justice reform polity, virtual hearing and other mechanisms must be improved and deployed to other States
➢ The Judiciary should have a separate case diary for remand orders to trace the end dates given and if there is no cogent reason for remanding the suspect the suspect should be released unconditionally.
➢ E-filling, e-service, and technological innovations geared towards speedy dispensation of justice should be used effectively
➢ Duplication of case files should not be left with the police, the office of the Attorneys’ Generals should have a liaison officer at the police formation to duplicate case files.
➢ Judges and magistrates should use the non-custodial sentences provisions to reduce those coming into the prison e.g petty offenders.
➢ Effective use of parole boards.
➢ State Government should have powers to establish correctional facilities
➢ S. 293 of the ACJA allows the Magistrate who has jurisdiction to try a case ex-parte so magistrates should not use remand to keep suspect in detention perpetually.
➢ if S. 34 of the ACJA (2015) is enforced, nobody would be detained illegally in Nigeria
➢ The NBA President should start visiting Correctional Facilities and Police Stations
➢ Lawyers must be at deployed to every police station to empower the police to meet up with the requirements of the law according to S. 66(3) of the Police Act which provides that every police station shall have a lawyer to monitor human rights compliance.
➢ Proper enforcement of Section 34 of the Administration of Criminal Justice Act (ACJA) 2015, which requires Chief Magistrates and Judges to carry out monthly inspections to detention facilities to combat arbitrary arrests, torture, and prolonged detention must be encouraged by the NBA and where possible NBA should accompany visiting magistrates and judges;
➢ The Nigerian Bar Association through their respective Branch Human Rights Committee must ensure that Chief Magistrates and Judges conduct visits to police stations and other detention facilities.
➢ Lawyers must fight for the cause of humanity, redirect and reshape the society by doing more probono work and undertaking public interest litigation
➢ Each State should set up a restorative justice Unit to addresses petty crimes with penalties such as returning stolen items and community work or service in order to decongest prisons;
➢ Amendment of the Rules of Professional Conduct to promote ethical adherence to ACJA provisions.
Other suggestions made at the Summit include:
✓ Sanctioning of Judicial Officers who unjustly remand defendants for offences that are bailable or minor.
✓ Adoption of Effective Bail Practices, with Edo State’s model recommended for replication in other jurisdictions.
✓ Establishment and Regulation of Registered Professional Sureties, including clear accountability mechanisms.
✓ Implementation of Non-Custodial Sentencing Options, such as community service, particularly for lesser offences.
✓ Regulation of Charge Amendments, with restrictions aligned to Section 216 of the ACJA to avoid misuse.
✓ Mandatory Provision of Proof of Evidence at Arraignment, to curb frivolous charges and ensure speedy trials.
✓ Deployment of Ministry of Justice Officers to review police case files and prevent the prosecution of innocent persons.
✓ Increased Government Funding for judicial logistics, including magistrate mobility and prison visitations.
✓ Legal Education and Awareness, with lawyers tasked to inform and educate defendants about their rights.
✓ Strengthening of the ACJMC’s Role, with emphasis on monitoring implementation and reporting compliance across states.
✓ There should be codification of legal advice into law.
✓ The Judicial Information System (JIS) should be improved to give lawyers more opportunity to have access to the system.
✓ The Lagos Criminal Information System should be remodified.
✓ Lawyers should be encouraged to file as much as possible Judicial Review Application to the Court to further improve the law.
✓ Improve funding of police stations to get proper gadget in order to be able to comply with the provision that mandates video recording of confessional statement, whether they be in writing or oral.
✓ Improve manpower & human resources for Law Enforcement and the Judiciary
✓ Provision of fund to transfer files, charges, legal advice and information to Court.
✓ Request for video conferencing room for the purpose of taking issues relating to confessional statement of suspects.
✓ Each police station must employ two lawyers to further check activities.
✓ There should be practice direction on release of suspects by Magistrate.
✓ The Police Service Commission should allow police officers who have been specially trained to stay a bit longer in that particular division where they are trained before transferring them to another division.
✓ Provision of District Solicitors in all court for the purpose of the already existing filtering or vetting system of charges before arraignment
✓ There should be coalition between the NBA branches to tackle some endemics. See 60 Police Act.
✓ Policemen who are not trained as lawyer should not be allowed to stand before magistrate courts as prosecutors.
✓ Courts must demand proof of progress in investigations after remand.
✓ Strengthen LCIS and enforce statutory timelines.
✓ Review Section 264 ACJL to provide statutory limitations on magistrate remand powers.
✓ Regular inter-agency training involving police, magistrates, and defence lawyers on ACJA/ACJL compliance and human rights standards.
✓ Develop a compliance monitoring system using the LCIS to track remand durations, legal advice delays, and file transfers.
✓ Amend Section 17(4) of the Ogun State ACJL to render confessional statements inadmissible unless video-recorded in compliance with the law.
Conclusion
Investigators, prosecutors, defence counsels, and Judges are all part of the criminal justice system. Investigative, and prosecutorial capacity and capabilities of Law Enforcement agencies encumbered by several factors ranging from tolerance of ill-gotten wealth, corruption, budgetary constraints, and environmental factors. The standard operation procedure which will be developed form the roundtable discussion recommendation will be developed to curb illegal detention of suspects, torture during the taken of confessional statement, delays in criminal cases, ineffective of ACJMCs which poses a significant threat to societies, impacting economic growth, social trust, and democratic institutions. While direct economic costs are well-known, the indirect consequences like reduced investment and increased inequality can be even more detrimental. Addressing human rights requires a multi-faceted approach that includes strengthening institutions, promoting transparency, and ensuring accountability.
The Summit was supported by the following partners and donors:
1. NBA Ibadan Branch
2. Juritrust Centre
3. Centre for Socio-Legal Studies
4. Justice Reform Project
5. Duty Solicitors Network
6. Faculty of Law, University of Lagos
7. Faculty of Law, University of Ibadan
8. NBA Lagos Branch
9. World Lilies Apartments and Hotels/ Abiodun Adetunji SAN
10. Suleiman K. Bayo
11. Lagos State Judiciary.
12. Oyo State Judiciary
13. Bayo Olugbemi – First Registrars And Investor Services Ltd (FRIS)
14. Nurudeen Adeoye Oyetunde
15. NBA Ikorodu Branch
