How implementing minimum standards can help Nigeria’s criminal justice system – Chief Judge, AGF

The Chief Judge of the Federal High Court, John Tsoho, and the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, on Tuesday, called for the implementation of the National Minimum Standards (NMS) for effective implementation of the administration of criminal justice laws across states.

Nearly all states have domesticated the Administration of Criminal Justice Act (ACJA) 2015, retaining many of the salient provisions of the federal law.

The laws govern the administration of Nigeria’s criminal justice system, focusing on the efficient management of criminal justice institutions, the timely delivery of justice, and the protection of individuals’ rights during criminal proceedings.

Mr Tsoho and Mr Fagbemi said implementing the laws was an important step toward building a more effective, fair, and standardised criminal justice system across the 36 states and the Federal Capital Territory ( FCT).

The call came during the ACJA/ACJLs Rangers Training and Project Launch, held on Tuesday in Abuja, which was organised by the Centre for Socio-Legal Studies (CSLS) with support from the Rule of Law and Anti-Corruption (RoLAC) programme.

However, they said the lack of implementation and discrepancies between the ACJA and the Administration of Criminal Justice Laws (ACJLs) in states have hampered the effectiveness of the laws, as there is only one unified Court of Appeal and Supreme Court in Nigeria.

Mr Tsoho, who was represented by Zainab Biu, Director of Alternative Dispute Resolution (ADR) at the Federal High Court, emphasised that while the ACJA, enacted in 2015, represented an important achievement, gaps in compliance across states have necessitated the NMS to ensure consistent application.

“These standards will serve as a guide for judges, prosecutors, defence attorneys, law enforcement officers, and other judicial sector actors, ensuring consistency and uniformity in the application of the law,” the Chief Judge of the Federal High Court said.

He called for support for the National Minimum Standard and ACJA Rangers, a body of volunteers set up by CSLS to track the implementation of the ACJA and ACJLs. “Together we can build a criminal justice system that truly serves the interests of justice and upholds the rights of all Nigerians,” the Chief Judge added.

‘NMS is groundbreaking tool’

Mr Fagbemi, a Senior Advocate of Nigeria (SAN), who was represented by Leticia Ayoola-Daniels, Director of the Administration of Criminal Justice and Reforms at the Federal Ministry of Justice, also commended the introducing a monitoring and evaluation framework aimed at ensuring compliance.

“This committee met to further deliberate and produce a comprehensive draft of the NMS document, which was later validated in September 2024. It will be gazetted and printed in the English-language pidgin, as well as in the other three major languages of Nigeria.”

“Sensitisation workshops will continue across all the geopolitical zones, spreading the message of minimum standards, an acceptable benchmark or baseline that will be measurable, monitored, and evaluated, with performance scores for every state.”

“The National Minimum Standards is a groundbreaking tool aimed at harmonising the implementation of the ACJA and the ACJLs across the Federation. By establishing consistent guidelines, we aim to enhance the efficiency, transparency, and effectiveness of criminal justice processes nationwide. This alignment will be invaluable for addressing disparities, reducing delays, and ensuring that justice is accessible and equitable for all Nigerians,” he noted.

He stressed that equipping frontline actors, such as law enforcement officers, judges, and lawyers, with the skills and knowledge necessary to implement the ACJA would strengthen the backbone of Nigeria’s justice system.

“By equipping these frontline actors with the necessary skills and knowledge, we are reinforcing the backbone of our justice system and laying the groundwork for successful implementation. To the ACJA Rangers, I extend my sincere congratulations. Your role as champions of this reform is invaluable,” he stated

Need for minimum standard, NMS

The NMS seeks to harmonise Nigeria’s federal and state-level criminal justice laws by establishing core principles and essential standards.

The document also aims to raise public awareness, enhance institutional capacity, and provide a framework for evaluating the justice sector’s performance.

CSLS President Yemi Akinseye-George said “ACJA Rangers,” trained advocates of an effective criminal justice system, would work to ensure compliance across states.

He explained that the initiative empowers citizens ( Rangers) to promote criminal justice reform while fostering competition through periodic assessments and peer reviews.

“This initiative is about empowering ordinary citizens to advance criminal justice reform,” Mr Akinseye-George explained.

He cited a recent Supreme Court judgement which stressed the need for minimum standards in law enforcement practices.

“We cannot claim to be a democracy while disregarding global standards for justice and accountability,” he said. “This project underscores our commitment to aligning Nigeria’s justice system with international norms.”

He said NMS is designed to address inconsistencies in state laws, including disparities in lay prosecutions and trial procedures, and to attract more resources to the criminal justice sector.

He said the NMS document is supported by key stakeholders, including the Federal Ministry of Justice, anti-corruption agencies, civil society groups, and international partners like the MacArthur Foundation, UNODC, and RoLAC.

He said the project will start to have baseline studies to assess the state of criminal justice nationwide.

Mr Akinseye-George who is also a SAN, said the NMS also addresses persistent challenges within the criminal justice system.

He said a 2023 CSLS review found that many states continue to struggle with issues such as case management, adherence to statutory timeframes, and the use of technology.

Mr Akinseye-George acknowledged that despite nearly a decade of implementing the ACJA, progress has stalled due to outdated practices and infrastructure deficiencies.

He called for better working conditions for judicial officers and support staff, and greater attention to judges’ productivity.