Human Rights: JDPC Urges Security Agents to Obey Anambra Criminal Justice Law

By Praise Chinecherem

Officers in Charge of legal departments of various security agencies in Anambra State as well as Investigating Police Officers (IPOs) have been urged to partner the state government in ensuring effective implementation of the Administration of Criminal Justice Law (ACJL 2022).

Executive Director, Justice Development and Peace/Caritas, (JDPC), Onitsha, Father Edwin Udoye, made the appeal during a meeting organized for the officers as part of its RAPID project supported by the Rule of Law and Anti-Corruption (RoLAC) programme, implemented by International IDEA and funded by European Union, to raise awareness on the provisions of ACJL 2022.

Addressing participants drawn from the Police, Nigeria Immigration Service, Ministry of Justice, and the Nigeria Security and Civil Defence Corps (NSCDC), Father Udoye appreciated their pivotal roles to upholding the rule of law, safeguarding human rights, and fostering public confidence in our justice system.

“Your presence underscores the importance of inter-agency collaboration in achieving the objectives of the ACJL 2022 and its Practice Direction 2023. This training is designed to deepen your understanding of these instruments, enhance your capacity to apply them, and ensure compliance with international best practices.

“These discussions will not only enrich your knowledge but also empower you to discharge your duties more effectively and in accordance with the law. I encourage each of you to work towards ensuring effective implementation of the law,” Father Udoye appealed.

The Chairman, Magistrates Association, Anambra State Chapter, Onome Nwankwo, took participants through some innovative provisions of ACJL 2022. “When you are effecting arrest, ACJL says that you must not treat the suspects in a degrading and inhuman manner because if they sue for compensation for wrongful arrest, it will be too much to bear. Try as much as possible to be very civil. You are only allowed to apply force when the person is resisting arrest.

Also note that in section 9 (4), you can no longer arrest a person in lieu of another person suspected of an offence. At your expense, after arrest, you must inform the family of the suspect. You must also allow the suspect to make calls to the family to inform them about his situation.

According to her, the problem of adjourning sine dine, which was majorly responsible for delayed prosecution, has been taken care of in the new ACJL. “There is another innovation which permits trial in absentia. I have done it in seven cases and four of the suspects have been rearrested. Before now if a defendant is not court, that case died naturally. But not again in Anambra State.

“Basically, only magistrates were given remand proceedings under the 2010 ACJL. But now, remand proceedings are now being reported by both magistrate and high courts.

Another innovation in the ACJL is the plea bargain. It was in the 2010 ACJL but hardly ever implemented. This ACJL 2022 brought in a new innovation.

Section 35 provides that the suspect may give his statement in presence of a legal practitioner of his choice or if he has no legal practitioner, in the presence of an officer of the Legal Aid Council of Nigeria or an official of the civil society organization or a justice service or any other place.

“Confessional statements must be video recorded. If you want the court to admit that as a confessional statement, you will produce the video recordings and copies of it. Some states are still doing trial with a trial because they have not reviewed their ACJL”.