NAN-H-37
Act
By Edith Nwapi
Abuja, Dec. 22, 2016 (NAN) Some Abuja-based lawyers have stressed the need for
strict adherence to the Administration of Criminal Justice Act (ACJA) to help reduce the number of inmates awaiting trial in Nigerian prisons.
In separate interviews with the News Agency of Nigeria (NAN) in Abuja on Thursday,
the lawyers said the application of the Act would go a long way in reducing the backlog of awaiting trial cases in prisons.
It will be recalled that the ACJA was signed into law by the administration of former President Goodluck Jonathan to assist in speedy dispensation of criminal justice.
Mr Collins Ndubuisi, a lawyer, said that fast tracking judicial proceedings of awaiting trial should start with investigation of cases.
He said “the investigating officers need to be diligent, efficient and expeditious in investigation of cases; the essence of this is to ensure that the matter takes off smoothly upon the arraignment of defendant in court.
“It also ensures that the matter is filed properly in court to curb unnecessary adjournments due to inconclusive investigations.
“Officers in charge of investigations should also be proactive, knowing that human lives
depend on what they are doing.”
Ndubuisi noted that the magistrates or judges also needed to be proactive in the dispensation of justice.
He stressed that “this means that magistrates and judges have to sit early when due and be conversant with cases, as well as with the ACJA.
“What this means is that the provisions of the ACJA must be observed by courts with respect to the life span of a case, and the number of adjournments to be sought and obtained by the counsel involved in the case.
“Similarly, the courts need to ensure that the number of adjournments to be granted do not exceed two as provided by ACJA.
“Frivolous applications by counsel must be checked and discouraged and interlocutory appeals should not be allowed to delay proceedings.”
Ms Biodun Idowu, another lawyer, is also of the opinion that lawyers should be conversant with the ACJA to streamline cases with the court and take cases seriously to avoid unnecessary delays.
She said lawyers most times cause delays in cases, so also the investigating officers, who often lacked the necessary tools to carry out the job.
She added that “clearing backlogs of awaiting cases should be the responsibility of stakeholders in the dispensation of justice; seriousness should be attached to both high profile cases and low profile ones because justice is whole.”
Another lawyer, Mr Joel Ali, expressed dismay over prolong detention of suspects who could not pay little fines to free themselves.
He said “there were many inmates in prison who could not pay fines as low as N10,000 for offences they might not have committed; they should be made to do some labour equivalent to that amount.
“They can also be made to work in the farm or do laundry not exceeding the period of sentence ordered by the court.
“The trial of those in remand must be accelerated by conducting both investigations and court hearing in a swift manner to clear the backlog of cases.” (NAN)
NEO/HA
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Edited by Hadiza Mohammed-Aliyu