Abuja – Some Abuja-based legal practitioners have expressed mixed reaction to the provisions of the Administration of the Criminal Justice Act, 2015 (ACJA).
While some described it as a perfect document, others expressed reservations on some of the provisions of the Act, which they said, needed amendment.
One of the practitioners, Charity Nwosu, told newsmen that for now the provisions of the ACJA was accommodating as it saves time.
Nwosu said judge listens to both sides of a matter and adjourns cases for ruling when necessary.
She said a counsel could also apply for a matter to be struck out for want of diligent prosecution in line with Section 351 (1) of the ACJA thereby saving the time of the court.
Similarly, Mr Abdul Mohammed, said the Act would sanitise the criminal justice system in Nigeria.
Mohammed, who told NAN that the Act still needed to be fine-tuned, added that it was better to have a law to work with than having nothing.
According to him, the provisions in the Act can speed up the process of delivering justice.
“I believe that the enactment of the ACJA is a good step in the right direction because it is in it that we have a statutory requirement that trial should be done on a day-by-day basis,’’ Mohammed said.
Also, Mrs Maureen Ajogo, described the Act as a positive revolutionary change in justice delivery in the country.
Ajogo told NAN in Bwari, Abuja, that the task although enormous could be done if the people involved were determined and committed to the process of effecting the change.
According to her, there can be no proper reform of the criminal justice system without an independent, impartial and a functional judicial process.
She said that there was need to ensure adequate safeguards in the law to ensure that some people did not frustrate it.
“Operators such as the police should ensure that they do not frustrate the implementation of the law in their procedures.
“This is why we will need reform minded chiefs in all the sub-sectors in order to make the necessary impact.
She added that there is also need to give proper funding for prisons and the police force in order to make the law effective.
Ajogo advised that while the system tries to meet international standards and models, it must guarantee equal access to justice to citizens.
Mr Okhaigbe Eddy told NAN in Zuba, FCT, that the Act came at a time the country’s judiciary system was in dire need of major reforms.
Eddy said the Act comprising the Criminal Procedure Code and the Criminal Procedure Act (CPA) was aimed at modifying the framework of carrying out criminal justice.
He described the Act as a perfect document, saying “I don’t see anything missing in the ACJA for now’’.
But, Wilfred Okoi, a lawyer, decried the wide discretionary powers given to judges in the Act, saying it had caused untold hardship for defendants in custody.
Okoi told NAN that courts now insist on written against oral applications from counsel to release a defendant, pointing out that it delays the process.
He added that the application made might take longer time not minding how long the defendant had been in detention as the judge could decide to adjourn the case to another date for ruling.
“The Act should provide checks to hinder judges from using their discretionary powers to delay justice,’’ Okoi said.
For her part, Erdoo Ullam, called for effective implementation of the Act to realise its objective.
“The Act was formulated to address issues relating to lack of adequate protection for witnesses, delay in criminal trials, absence of database of suspects and prison congestion.
“These are some of the most problematic areas of the nation’s criminal justice system, but if it is not implemented, it will only amount to a waste of an intellectual exercise,’’ Ullam said.
She expressed joy at the abolition of lay prosecution by police office, adding that it bring about more thorough prosecution since those prosecuting were trained lawyers.
She further noted that introduction of non-custodial sentences for convicts, including community sentence orders and probation for minor offences would reduced time spent awaiting trial.
On his part, Mr Ibrahim Abu, decried the introduction of Plea Bargain, saying it would encourage corruption because of the lesser punishment for offenders.
“The only area I am a bit worried about in this Act is that of plea bargain and this is because I don’t think it discourages but rather encourages looting,’’ he said.
Mr Idowu Bolaji expressed regrets that the Act did not place time frame when cases would be completed.
Bolaji said that “if lifespan is assigned to cases from inception to conclusion, it will help more in quick dispensation of justice.
He said the law should prescribe sanctions for lawyers who seek unjustifiable adjournments.
Another lawyer, Mr Justin Udoka, suggested that the Act should make provisions for stringent punishment for plea bargain to serve as deterrent to others.
