NBA-ACJ COMMITTEE: Advancing Justice Through National Minimum Standards

NMS Nuggets (Part 1) Focus: Strengthening Criminal Justice Through Standards & Compliance

This Practice Note by the NBA Administration of Criminal Justice Committee introduces key insights from the National Minimum Standards (NMS) Report 2024, a framework designed to strengthen the implementation of the ACJA across Nigeria.

It aims to promote compliance, improve efficiency, and enhance accountability within the criminal justice system. Through this series, the Committee seeks to drive awareness, support institutional reforms, and equip stakeholders with practical benchmarks for better justice delivery.

INTRODUCTION

The Administration of Criminal Justice Committee of the Nigerian Bar Association (NBA) continues to advance reforms under the Administration of Criminal Justice Act (ACJA), 2015, aimed at promoting fairness, efficiency, and accountability within Nigeria’s criminal justice system.

A critical tool in this effort is the National Minimum Standards (NMS) Report 2024, developed by the Federal Ministry of Justice in collaboration with key stakeholders. The Report provides a framework for assessing compliance and strengthening implementation of the ACJA and corresponding state laws (ACJLs).

This newsletter series highlights key provisions and compliance expectations under the NMS to drive awareness, monitoring, and institutional performance.

KEY HIGHLIGHTS – PART 1

1. Pre-Trial Hearings (Case Management)

• Mandatory post-arraignment hearings to streamline proceedings.
• Early identification of issues, witnesses, and timelines.
• Emphasis on use of technology and strict adherence to timelines.
• Ensures efficiency, reduces delays, and promotes child-friendly justice.

2. Witness Support Unit

• Establishment required in all jurisdictions.
• To provide protection, logistics, and financial support for witnesses.
• Operates under the Chief Judge and/or Ministry of Justice.
• Regulations must guarantee safety and participation of witnesses.

3. Timelines for Legal Advice

• Attorney-General must issue legal advice within 14 days of receiving case files.
• Copies must be served on both the Police and the Court within the same period.

4. Filing & Assignment of Charges

• Charges must be filed within 7 days of approval, preferably electronically.
• Assignment to courts must occur within 7 working days.
• Hearing notices must be issued promptly.
• Reassignment (where necessary) must be done within 14 days.

5. Service of Charges

• Service must be completed within 7 days.
• Acceptable methods include:
  • Physical delivery
  • Email
  • SMS / WhatsApp
• Must comply with Rules of Court or Practice Directions.

6. Trial Timetable Compliance

• Courts and parties are bound by agreed timelines.
• Non-compliance attracts sanctions, including costs.

7. Bail Management System

• Establishment of a Bail Information Management System (BIMS) is mandatory.
• Must capture:
  • Identity details
  • Biometrics
  • National Identification Number (NIN)
• Surety qualification must be non-discriminatory.
• Bail procedures must be regulated to prevent abuse.

8. Remand Protocols

• Governed by Section 293 of the ACJA.
• Remand orders:
  • Must not exceed 14 days per adjournment
  • Require justification for renewal
• Suspects must be released if not charged after final remand.
• Special protections:
  • No mixing of children with adults
  • Establishment of family courts
• Quarterly reporting of remand cases is mandatory.
• Expired remand orders must be vacated within 72 hours.

9. Inspection & Reporting by Judicial Officers

• Monthly inspection visits to detention facilities required.
• Immediate corrective action for unlawful detention (especially of minors).
• Reports must be submitted within 14 days.
• Oversight bodies must:
  • Standardize inspection procedures
  • Review compliance
  • Recommend sanctions or commendations

CONCLUSION

Effective implementation of the ACJA and compliance with the National Minimum Standards are essential to achieving a transparent, accountable, and efficient criminal justice system.

The NBA-ACJ Committee remains committed to:

• Driving awareness
• Strengthening stakeholder collaboration
• Leveraging data and innovation for reform

UP NEXT:

NMS Nuggets (Part 2):
Look out for Further insights into institutional compliance and performance tracking mechanisms.

Signed:

Nella Andem EWA, SAN

Chairman

Osato Uwagboe Secretary.

Kindly find attached:

DRAFT_ACJ_COMMITTEE_NMS NUGGETS (PT1)