AGF calls for harmonisation of federal, states’ criminal justice laws

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has called for the harmonisation of the Administration of Criminal Justice Act (ACJA) with various version of the law in force in many states of the federation.

Mr Fagbemi, a Senior Advocate of Nigeria (SAN), said it would prevent offenders from exploiting legal loopholes by moving between jurisdictions, a tactic commonly known as “forum shopping.”

“This harmonised approach will ensure that no jurisdiction offers an escape route for offenders, leading to greater accountability and contributing to Nigeria’s socio-economic development,” Mr Fagbemi said on Tuesday at the opening of a three-day technical session on the review and validation of the National Minimum Standard Document for implementing the ACJA.

He stressed that technology must play a central role in modernising Nigeria’s criminal justice system, calling for deployment of digital tools to enhance the efficiency and transparency of legal proceedings.

“The full adoption of the ACJA by states will eliminate opportunities for criminals to evade justice by moving across state lines,” he noted, adding that a uniform legal framework would bolster accountability, reduce impunity, and contribute to national development.

The ACJA was enacted in 2015 to modernise and address inefficiencies and delays in criminal proceedings in the country.

ACJA, which is binding on federal courts, has a number of novel provisions include prohibition of stay of proceedings in criminal cases. The law also provides for day-to-day hearing of criminal cases and lists the number of times parties can seek adjournment in a case.

It has been adopted with various variations by nearly all the states. The versions of the law in various states guide criminal proceedings in the state courts and the roles of various institutions involved in a criminal justice sector in the state.

However, nearly a decade after the enactment of the law, the implementation of the law still faces challenges coupled the challenges of lack of uniformity in the states.

The National Minimum Standards for Criminal Justice aims to establish uniform procedures in both the federal and state courts.

According to Mr Fagbemi, these standards will harmonise criminal justice processes and foster collaboration between the judiciary, law enforcement bodies and civil society organistions.

He said it would ensure that criminal justice reforms are consistently implemented nationwide.

“The National Working Group on the implementation of criminal justice reforms, established as a response to recommendations from the October 2023 National Stakeholders Forum, will play a pivotal role in advancing the ACJA’s goals,” he said.

The National Working Group, comprising government officials, legal practitioners, and representatives from civil society, is tasked with aligning the implementation of the ACJA with the new minimum standards.

Mr Fagbemi said th longstanding issue of Nigeria’s overcrowded correctional facilities is one of the most glaring consequences of the country’s inefficient criminal justice system. Pretrial detention still accounts for nearly 70 per cent of Nigeria’s prison population, with many detainees languishing behind bars without trial due to administrative delays and procedural bottlenecks.

He urged the working group to prioritise reforms that will expedite case management and reduce delays.

Challenges in data collection and enforcement

One of the major hurdles in fully realising the potential of the ACJA is the issue of data collection. Under the Act, law enforcement agencies are required to maintain accurate records of arrests and criminal activities, with quarterly reports submitted to the AGF’s office.

However, these mandates have largely gone unfulfilled. Without a functional Central Criminal Records Registry, offenders can evade justice by being treated as first-time criminals, even if they have a long history of offences in other states.

Beyond the gaps in enforcement, there is also the issue of victim compensation and restitution—critical components of the ACJA that remain underutilised. Although the law provides for compensation for victims of crime, awareness of these provisions remains low, particularly among law enforcement, lawyers, and judicial officers. In practice, few victims ever receive the restitution they are entitled to, and the absence of a dedicated compensation fund further complicates the matter.

A mixed track record and a call for reform

Nine years since its enactment, the ACJA has delivered mixed results. While it has improved certain aspects of the criminal justice system—most notably in speeding up high-profile corruption cases—its implementation remains uneven, with critical issues like overcrowded prisons, inefficient data management, and the protection of victims largely unaddressed.

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As the National Working Group embarks on its mission to review the ACJA’s implementation and enforce the National Minimum Standards, Fagbemi remains hopeful that these reforms will finally take root.

“We have come a long way since the enactment of the ACJA in 2015, but much work remains,” Mr Fagbemi remarked.

“The National Minimum Standards will serve as a catalyst for improving the implementation of criminal justice laws at both the federal and state levels. I encourage all stakeholders to fully support this initiative.”

The AGF praised the Centre for Socio-Legal Studies, led by Yemi Akinseye-George, SAN, for its pivotal role in shaping the National Minimum Standards.

He expressed optimism that the newly established working group would spearhead crucial reforms in Nigeria’s criminal justice system.