Cross section of participants at the training
The Rights Enforcement and Public Law Centre (REPLACE) on Tuesday in Lagos trained Police officers, alongside personnel of the Nigeria Security and Civil Defence Corps (NSCDC) and the Nigerian Correctional Service, on rights-based approaches to the administration of criminal justice law (ACJL), to enhance professionalism, accountability, and compliance for a robust justice delivery.
This ACJL provides for the administration of criminal justice system which promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crimes and protection of the rights and interest of the suspect, the defendant and victims in Nigeria.
The sensitisation initiative, supported by the Rule of Law and Anti-Corruption (RoLAC) Programme, aims to empower women and vulnerable groups with knowledge of their legal rights and correct misconceptions surrounding the ACJL.
The training with the theme, “Exploring key human rights provisions of the Administration of Criminal Justice Law of Lagos State,” the Executive Director of REPLACE, Felicitas Aigbogun-Brai, said was necessitated by the need to promote reforms and empower law enforcement agencies to enhance justice.
She said, the law, despite being in force for 10 years, had not achieved its intended impact because of low awareness and weak enforcement.
She underscored the need for enforcement officers of the law to take actions in respect of the provisions of the law, adding that, “key provisions of the law designed to protect citizens, are often disregarded, particularly by law enforcement officers and even the public.”
Aigbogun-Brai, however, identified key aspect of the law to include; prohibition of arresting individuals or family members in place of others, a practice, she said, persists despite clear legal backing against it.
She, however, appeal to law enforcement officers to ensure the law is effectively implemented, while emphasising strict judicial enforcement to compel compliance from law enforcement agencies for proper justice system.
In his keynote address, the Coordinating Officer, Rule of Law and Anti-Corruption Programme (RoLAC), Mr Samson Onwusonye, urged law enforcement agencies to prioritize justice and fairness while implementing the law.
He commended civil society organisations and government agencies working to improve the justice system and reiterated their commitment to supporting initiatives promoting justice, accountability, and human rights.
He said, continued engagement with the law enforcement agencies is critical to ensuring that reforms, such as the ACJL, are effectively implemented.
In his lecture, titled, ‘Streamlining police operations under the ACJL of Lagos state,’ a Partner, Legal Resources Consortium and Convener, Criminal Justice Network of Nigeria, Nathaniel Ngwu, called on stakeholders’ saddled with the responsibility of enforcement to ensure full compliance and implementation.
He said, “The purpose of the ACJL is to ensure that the fundamental rights of suspects align with modern best practices which needs to be safeguarded and to this end, the police as an agency of the criminal justice administration as well as the first point of contact for citizens must be equip, trained and be re-trained for effective service delivery.
“The key innovative provisions in the ACJL (Amendment Law) 2021 such as the power of magistrates to visit police stations – (Section 283); prohibition of arrests in lieu of another and the punishment for contravention – (Section 4); recording of interview – Section 9(4); plea bargain – (Section 77); etc. should be in full implementation,” he added.
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He noted that, “ACJL is a unique pace-setting legislation which mandates the police to ensure the dignity and welfare of suspects while revealing that the police have a standard well-equipped video recording investigation room in Lagos for confessional statements.”
He called on stakeholders; the police, ministry of justice, the court, the lawyers and litigants to ensure full compliance to the provisions of the law, added that, “we need to focus more at the mechanism to ensure the full implementation of the law.”
While some are calling for the review of the law, Ngwu, who is also the founder, Justice for Peace & Development Initiative said, there must be full compliance and implementation before harping on the review.
He said, “In the course of trainings, we find out some lapses we need to argument, as some enforcement officers are championing the course for the review of the ACJL. However, there must be full compliance before harping on the review.”
He explained that, “Basically, the training today is slated for the Nigeria Police officers to help them reshape the way they carry out their duties in terms of compliance with the law. We have found out that several trainings were not absolutely being reflected in the way they are working. So, we are stressing the law again to enable them see the provisions and act in according with the key provisions of the law.”
Nguw who charged the Police officers to maintain professionalism in the discharge of their duties, sustained the dignity of the human person and shun inhumane practices or degrading treatment or punishment, noted that, “The purpose of the ACJL is to ensure that the fundamental rights of suspects align with modern best practices which needs to be safeguarded, and to this end, the police as an agency of the criminal justice administration as well as the first point of contact for citizens need training and retraining for a robust service delivery.
“The key innovative provisions in the ACJL (Amendment Law) 2021 such as the power of magistrates to visit police stations – (Section 283); prohibition of arrests in lieu of another and the punishment for contravention – (Section 4); recording of interview – Section 9(4); plea bargain – (Section 77); etc. must be fully implemented for a robust justice system. The police should recognise not just local laws but the international provisions.
“ACJL is a unique pace-setting legislation which mandates the police to ensure the dignity and welfare of suspects while revealing that there are two standard well-equipped video recording investigation rooms in Lagos for confessional statements.
Adequate funding needed for police investigation
Ngwu, also noted that for the Nigeria Police Force to carry out proper investigation, they must be adequately funded.
He highlighted systemic challenges affecting law enforcement, particularly inadequate funding, arguing that, poor funding contributes to inefficiency and unethical practices, including the unofficial monetisation of bail, calling on the National Assembly to do more by increasing the funding of the Police.
He said, “We encourage the institution of the National Assembly to make more funding available for the Police to do their job. It is important Nigeria people and the government consider more funding in the police desk for security purposes and investigation.
“I advocate we support the police with more funding. We are at the digital age and there is need to digitalised the activities of the Police Force in the country. It is not too much for Nigeria government to review what goes to the police and increase their fund; such will go a long way to reduce police asking for monetisation to grant bail. Practically bail is not free. The police must work. The Police agency is financially incapacitated to carry its desire duties due to lack of funding, which is a major setback in policing,” the legal expert stressed.
He called on the government to increase budgetary allocations to the police and other agencies to improve on operations and reduce corruption.
Earlier, the Public Relations Officer, Nigerian Correctional Service, Osho Onimisi said, adequate care must be given to human factors which are impeding the ACJL, noting that, operations of the law on remand require a multisectoral or multidimensional approach.
Agencies at the training includes; Police officers, Nigeria Security and Civil Defence Corps (NDCDC), Nigerian Correctional service and members Nigerian Bar Association.
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