May 5, 2024

The Administration of Criminal Justice Law, 2023 and the Five Principal Officials of Niger State

The innovative parts of the Administration of Criminal Justice Law, (ACJL) 2023 are solely directed at the following officials that have direct dealings with criminal justice administration in states:

i-The Chief Judge.

ii-The Attorney-General.

iii-The Chief Magistrates.

iv-The Commissioner of Police.

v-The Comptroller of Custodial Centre.

As such the success of the ACJL is much dependable on the discharge of their legal duties as briefly provided as follows:

A-THE QUARTERLY REPORT OF ARREST TO THE ATTORNEY-GENERAL BY THE COMMISSIONER OF POLICE: The ACJL 2023 under section 30 provides for this action.The Commissioner of Police shall in every four months make available report of arrest across the State to the Chief Judge.Who will further actioned it.

B-THE POLICE TO REPORT TO SUPERVISING MAGISTRATE:The ACJL 2023 also under section 34(1) makes it necessary for the Police to make report of arrest to Magistrate of all cases of arrest without warrant within the limits of their Stations or Agency wheather the persons have been admitted to bail or not.The Magistrate upon receipt of the report forward it to the Attorney-General for further action.
While section 34(4) and (5) of ACJL further gives more guidance.

C-THE VISIT BY THE CHIEF MAGISTRATE EVERY MONTH TO THE POLICE STATIONS: The Chief Magistrate or any Magistrate where there is no Chief Magistrate within the Police Division,any Magistrate designated by the Chief Judge can act on the direction at least every month or at reasonable intervals conduct an inspection of Police Station or other places of detention within his territorial jurisdiction other than Custodial Centre.While (2) (3) and (4) gives guidelines as to how the visit to the Police Stations by the Chief Magistrate can be accomplished.

D-THE RETURNS BY COMPTROLLER OF CUSTODIAL CENTRE TO CHIEF JUDGE: This is also one of the most innovative as section 180 of ACJL 2023 places an obligations on the Comptroller of Custodial Centre to provide detailed return to Chief Judge every four month and to forward to Attorney-General of all persons awaiting trial and held in custody within the State for a period beyond 180 days from the date of arraignment.

These laws seeks to end most abuses of fundamental human rights of those misfortuned citizens who happen to be Persons Awaiting Trial for several months or years.

Once these officials religiously adhere to their responsibilities, the much expected improvements in the criminal justice system of Niger State can be assured. The prevention of abuse of fundamental human rights of PATs is likely to be achieved tremendously.

May we be guided.
Lakpene Yusuf Bida, Esq. Lakpeneyusuf048@gmail.com
18-2-2024.


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