Stakeholders Demand Urgent Review of ACJL, Cite Underuse After 10 Years
Legal and civil society advocates have issued a pressing call for immediate action to enforce and raise awareness about the Administration of Criminal Justice Law (ACJL). They argue that many of its protective measures remain unknown, ignored, or poorly implemented, leaving ordinary citizens vulnerable within Nigeria's justice system. This demand was highlighted during a training session for lawyers and legal aid providers on the ACJL in Lagos State, organised by the Rights Enforcement and Public Law Centre (REPLACE) in partnership with the Rule of Law and Anti-Corruption Programme (RoLAC) and IIDEA.
Low Awareness and Weak Enforcement
Felicitas Aigbogun-Brai, Executive Director of REPLACE, stated that despite being in force for ten years, the law has failed to achieve its intended impact due to insufficient awareness and lax enforcement. She emphasised that innovative provisions designed to safeguard citizens are frequently disregarded, particularly by law enforcement officers and the general public. Aigbogun-Brai pointed out key safeguards, such as the prohibition against arresting individuals in place of others, a practice that persists despite clear legal prohibitions.
She noted that public scepticism about these provisions reflects a broader gap in sensitisation, with many citizens doubting the law's ability to protect them in real-world situations. Additionally, she highlighted systemic resistance within institutions, citing examples where female sureties are rejected due to cultural or practical biases, even though the law permits them. Some officers justify this by claiming enforcement is easier against male sureties.
Concerns Over Confessional Statements
Another major issue raised was the handling of confessional statements. The ACJL requires that such statements be taken in the presence of a lawyer, family member, or representative from a civil society organisation to prevent torture and coercion. However, Aigbogun-Brai reported that compliance remains low. She urged practical solutions, such as allowing suspects to contact legal representatives via mobile phones during interrogations, and called on judges to reject confessional statements obtained in violation of the law. She stressed that strict judicial enforcement would compel better compliance from law enforcement agencies.
Gaps in Implementation and Reforms
Nathaniel Ngwu, Convener of the Criminal Justice Network of Nigeria (CJNN), acknowledged that ongoing reviews of criminal justice laws across states have led to reforms, but significant gaps in implementation persist. Ngwu emphasised the need to assess how effectively these laws are being applied and to identify areas requiring legislative improvement. He urged participants to share real-world experiences in applying the law, noting that challenges such as prolonged detention without trial, poor investigation practices, and corruption continue to undermine justice delivery.
Ngwu stressed that while advocating for human rights, stakeholders must also respect legal institutions and engage constructively with them. The discussion also underscored the role of magistrates in visiting police stations to monitor detention conditions and enforce accountability, as well as the need for better training of law enforcement officers and legal practitioners to ensure the ACJL's provisions are fully realised.
