Abuja – Mr Joseph Daudu, has said that the courts emphasis is on reading rather than proper interpretations of the provisions of the Administration of Criminal Justice Act (ACJA), 2015.
Daudu said this at a one-day roundtable organised by` The Rule of Law Development Foundation’ in Abuja.
He spoke on the theme , “the remit of criminal courts and the role of legal practitioners in corruption cases under the existing law’.
According to him, one thing is clear; the Nigeria courts with respect, seem to be doing more of the readings than the interpretations of the ACJA rules.
“This situation is largely occasioned by inadequate direction on the application of the ACJA.
“In other jurisdictions, the fact that a defendant is on administrative bail is ab initio a ground for the grant of bail by the court.
“Furthermore, the Criminal Procedure Rules (CPR) of the UK provides a restriction on abuse of court process.
“The Practice Directions defines instances of similar indictments and the appropriate steps the court can take in such situations,’’ he said.
Daudu stressed the need to focus the Act in the appropriate direction to ensure that it meet international standards and fulfil the intention of the legislature.
According to him, there is no comprehensive Criminal Justice Practice Direction in Nigeria to compliment the ACJA a year after it was introduced.
Daudu said that the Act should be accompanied with numerous subsidiary regulations specifying the details of its application.
According to him, these subsidiary rules also provide a guideline for stakeholders to properly apply the principal statute to meet its objectives.
“In the UK for instance, the CPR October, 2015 edition is accompanied by the Criminal Practice Directions which is voluminous than the rules itself.
“It is also noteworthy that between October 2015 and April 2016 these rules have been amended.
“The Practices Direction accompanying the CPR spells out detailed guidelines for the application of the rules.
“For the practice direction provides for effective trial monitoring forms which parties and the courts are required to complete, failure to comply with proper procedure can also lead to compliance proceedings.
“This provision compliments the CPR which provides for compliance with the rules.
“Under the rules, both the court and each of the parties appoint a progression officer who is saddled with responsibilities,’’ Daudu said.
Mr Ekpo Nta, the Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), urged the Bar and Bench to partner with government to wipe out corruption out of the country.
Nta was re. presented by Mr Okey Igbudu, the Director of Legal unit,
He said that the Bar and Bench were ministers in the temple of justice and owe it a sacred duty to ensure that the course of justice was not preverted.
He described as unnecessary clashes between prosecuting and defence counsel, adding that it alluded to accusations and counter accusations that legal practitioners were frustrating the fight against corruption .
Nta also decried the use of frivolous and unnecessary interlocutory applications either seriously delay or permanently frustrate the prosecution of corruption cases.
“Prior to the enactment of the ACJA prosecutors faced difficult situations as a result of the use of `endless interlocutory applications to frustrate prosecution of corruption cases,’’ Nta said.
Nta said that it was because of these wrongs and feelings that the practice direction was improved with enactment of the ACJA.
He urged lawyers to also key into the fight against corruption and shun unnecessary interlocutory applications and other type of unethical practices that reduce the standard of the legal profession.
