Vol. 9 No. 1 (2024): January-Febuary
Original Articles

TRANSFORMING JUSTICE: EVALUATING THE SIGNIFICANCE OF THE 2015 ADMINISTRATION OF CRIMINAL JUSTICE ACT IN NIGERIA

Samuel Olusegun Daudu
Lecturer, Faculty of Law, University of Benin, Benin City, Nigeria
Ngozi Stephanie Okogbule
Access to Justice and Human Rights Protection in Nigeria

Published 2024-01-30

Keywords

  • Access to Justice,
  • Judicial System,
  • Alternative Dispute Resolution,
  • Human Rights Protection,
  • Restorative Justice

How to Cite

Daudu , S. O., & Okogbule, N. S. (2024). TRANSFORMING JUSTICE: EVALUATING THE SIGNIFICANCE OF THE 2015 ADMINISTRATION OF CRIMINAL JUSTICE ACT IN NIGERIA. Academic Journal of Legal Studies and Research, 9(1), 25–43. https://doi.org/10.5281/zenodo.10589037

Abstract

The effectiveness of a nation's judicial system is intricately linked to the accessibility of justice it provides. In Nigeria, the realization of comprehensive access to justice serves as a fundamental instrument for the protection of human rights and the establishment of the rule of law. This paper explores the pivotal role of access to justice in the Nigerian civil and criminal justice system, emphasizing the challenges and imperatives for its full realization. The adoption and rigorous implementation of key practices, including case flow management, front loading of cases, pretrial conferences, and Alternative Dispute Resolution (ADR), emerge as critical components in achieving robust access to justice in Nigeria. Despite their significance, the prevailing challenges are formidable, ranging from systemic delays and the soaring costs of litigation to the complexity of legal rules and procedures. Additionally, a lack of awareness and legal knowledge compounds these obstacles, contributing to the hindrance of access to justice. Corruption further exacerbates the impediments to the seamless flow of justice in Nigeria, posing a pervasive threat to the integrity of the judicial process. This article contends that true enforcement of individual rights, encompassing human and contractual rights, occurs only when there is unhindered access to law courts or alternative mediums that assure expeditious and affordable justice. In addressing these challenges, the paper advocates for the embrace of emerging processes such as restorative justice and victim-offender mediation. These innovative approaches hold the promise of not only reducing or eliminating delays but also substantially diminishing the costs associated with litigation. By delving into the transformative potential of these methodologies, the article sheds light on their capacity to enhance the efficiency and accessibility of the justice system, ultimately ensuring a more equitable and expeditious resolution of legal disputes in Nigeria.

References

  1. Sir Gerald Bennan, Former Chief Justice of Australia, while addressing the National Judicial Orientation Programme, Wollongong, Australia, 13th October 1996.
  2. Iheanyi Chukwu Marazu, “A Critique of the Administration of Criminal Justice Act, www,nigerianlawguru.com (Accessed on the 23rd February, 2023.
  3. Section 493 of Administration of Criminal Justice Act 2015 69 In Re Olafisoye (2004) 1 SC. Part 11, Page 21 at 41.
  4. Sections 96 (a) & (b) & Sections 113 of Administration of Criminal Justice Act, 2015 etc. 71 Section 299 of the Constitution of Nigeria 1999 as amended.
  5. Yemi-Akinseye George “Innovative provisions of the Administration of Criminal Justice Act 2015” Nation Newspapers, 2015.
  6. Section 70 Administration of Criminal Justice Act 2015
  7. Section 78 of Administration of Criminal Justice Act 2015
  8. Section 87 of Administration of Criminal Justice Act 2015
  9. Section 99 and 101 of Administration of Criminal Justice Act 2015
  10. Section 168 of Administration of Criminal Justice Act 2015
  11. Section 248 of Administration of Criminal Justice Act 2015
  12. Section 267 of Administration of Criminal Justice Act 2015
  13. Section 278 (3)& (4) of Administration of Criminal Justice Act 2015
  14. Section 308(1) of Administration of Criminal Justice Act 2015
  15. Section 321 (a) & (b) of Administration of Criminal Justice Act 2015
  16. Section 347 (1) of Administration of Criminal Justice Act 2015
  17. Section 349(c) a & b of Administration of Criminal Justice Act 2015
  18. Section 440 of the Administration of Criminal Justice Act 2015
  19. Section 468 of the Administration of Criminal Justice Act 2015
  20. Section 15(4) of Administration of Criminal Justice Act, 2015.
  21. Section 106 of the Act
  22. Section 288(2) & (3) of the Constitution of Nigeria, 1999 as amended
  23. Section 257(1) of the Constitution of Nigeria 1999 as amended
  24. Section 249(1) & (2) of the Constitution of Nigeria, 1999 amended
  25. Section 270(1) & (2) (a) & (b) of the Constitution of Nigeria, 1999 amended