Tuesday, November 19, 2024

How Implementing Minimum Standards Can Help Nigeria's Criminal Justice System

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Chief Justice of the Federal High Court, John Tsoho, and Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, on Tuesday called for the implementation of the National Minimum Standards (NMS) for the effective implementation of the administration of criminal justice laws in all states.

Nearly all states have domesticated the Criminal Justice Administration Act (ACJA) of 2015, retaining many of the most prominent provisions of the federal law.

The laws govern the administration of the Nigerian criminal justice system and focus on the efficient management of criminal justice institutions, the timely administration of justice and the protection of the rights of individuals during criminal proceedings.

Tsoho and Fagbemi said the implementation of the laws was an important step towards building a more effective, fair and standardized criminal justice system across the 36 states and the Federal Capital Territory (FCT).

The call came during the ACJA/ACJL Rangers Training and Project Launch held on Tuesday in Abuja, organized by the Center for Socio-Legal Studies (CSLS) with the support of the Rule of Law and Anti-Corruption (RoLAC) programme.

However, they said the lack of implementation and discrepancies between the ACJA and the Administration of Criminal Justice Laws (ACJL) in the states have hampered the effectiveness of the laws as there is only one unified Court of Appeals and Supreme Court. in Nigeria.

Mr Tsoho, represented by Zainab Biu, Director of Alternative Dispute Resolution (ADR) at the Federal High Court, emphasized that while the ACJA, enacted in 2015, represented an important achievement, compliance gaps in states have required that the NMS guarantees consistent application.

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“These standards will serve as a guide for judges, prosecutors, defense attorneys, law enforcement officers and other actors in the judicial sector, ensuring consistency and uniformity in the application of the law,” said the Chief Justice of the Federal Superior Court.

He called for support for the National Minimum Standard and the ACJA Rangers, a volunteer corps created by CSLS to track the implementation of ACJA and ACJL. “Together we can build a criminal justice system that truly serves the interests of justice and upholds the rights of all Nigerians,” the chief judge added.

Group photo of the participants.

'NMS is an innovative tool'

Mr. Fagbemi, Senior Advocate of Nigeria (SAN), represented by Leticia Ayoola-Daniels, Director, Criminal Justice Administration and Reforms, Federal Ministry of Justice, also commended the introduction of a monitoring and evaluation framework aimed at ensuring the compliance. .

“This committee met to further deliberate and produce a full draft of the NMS document, which was then validated in September 2024. It will be published and printed in Pidgin English as well as the other three major languages ​​of Nigeria. “

“Awareness workshops will continue in all geopolitical zones, spreading the message of minimum standards, an acceptable reference point or baseline that will be measurable, monitored and evaluated, with performance scores for each state.”

“The National Minimum Standards are an innovative tool aimed at harmonizing the implementation of the ACJA and the ACJL throughout the Federation. By establishing consistent guidelines, we aim to improve the efficiency, transparency and effectiveness of criminal justice processes across the country. “This alignment will be invaluable in addressing disparities, reducing delays and ensuring that justice is accessible and equitable to all Nigerians,” he noted.

He highlighted that equipping frontline actors such as law enforcement officers, judges and lawyers with the necessary skills and knowledge to implement the ACJA would strengthen the backbone of the Nigerian justice system.

“By equipping these frontline actors with the necessary skills and knowledge, we are strengthening the backbone of our justice system and laying the foundation for successful implementation. To the ACJA Rangers I extend my sincere congratulations. Their role as advocates of this reform is invaluable,” he stated.

Cross section of participants

Need for a minimum standard, NMS

The NMS seeks to harmonize criminal justice laws at the federal and state levels in Nigeria by establishing basic principles and essential standards.

The document also aims to increase public awareness, improve institutional capacity and provide a framework for evaluating the performance of the justice sector.

CSLS President Yemi Akinseye-George said “ACJA Rangers”, trained advocates for an effective criminal justice system, would work to ensure compliance in all states.

He explained that the initiative empowers citizens (Rangers) to promote criminal justice reform while encouraging competition through periodic evaluations and peer reviews.

“This initiative aims to empower ordinary citizens to advance criminal justice reform,” Akinseye-George explained.

He cited a recent Supreme Court ruling that emphasized the need for minimum standards in law enforcement practices.

“We cannot claim to be a democracy without taking into account global standards of justice and accountability,” he said. “This project underscores our commitment to align Nigeria’s justice system with international standards.”

He said the NMS is designed to address inconsistencies in state laws, including disparities in prosecutions and lay court procedures, and to attract more resources to the criminal justice sector.

He said the NMS document has the support of key stakeholders, including the Federal Ministry of Justice, anti-corruption agencies, civil society groups and international partners such as the MacArthur Foundation, UNODC and RoLAC.

Cross section of participants

He said the project will begin to have baseline studies to evaluate the state of criminal justice at the national level.

Akinseye-George, who is also a SAN, said the NMS also addresses persistent challenges within the criminal justice system.

He said a 2023 CSLS review found that many states continue to struggle with issues such as case management, meeting legal deadlines and the use of technology.

Akinseye-George acknowledged that despite nearly a decade of ACJA implementation, progress has stalled due to outdated practices and infrastructure deficiencies.

He called for better working conditions for judicial officers and support staff, and greater attention to the productivity of judges.

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