COMPLIANCE WITH THE PROVISIONS OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015; A PANACEA FOR TRIAL WITHIN TRIAL

The administration of criminal justice system in Nigeria has been bedevilled with numerous challenges, but of serious concern is the avoidable delay confronting the system. This delay, more often than not, results from technicalities employed by the defence simply by recourse to the right to object to the voluntariness of confessional statement even when in fact, the defendant may have voluntarily made such statement being objected to. Where such objection is raised, the proper order the court should make in such circumstances is to order trial within trial which usually stalls the substantive case until the voluntariness or otherwise of the said confessional statement is determined. The passage of the Administration of Criminal Justice Act 2015 by the then President Goodluck Ebele Jonathan’s administration has been viewed as a major breakthrough especially in the area of promoting efficient management of criminal justice institutions as well as speeding dispensation of justice in the criminal justice system in Nigeria. The study finds that the Administration of Criminal Justice Act 2015 makes a conscious effort at reducing delays in the system of administration of criminal justice in Nigeria as well as ensuring that the rights of defendants are adequately protected as expressly captured in section 1(1) of the Administration of Criminal Justice Act 2015 (the Act). It is the writer’s view that if the law enforcement agents can strictly adhere to the provisions of the Act which was enacted with a view to curbing the avoidable delays inherent in the system, the issue of trial within trial may become unnecessary in Nigeria courts. The resultant effect of reducing or (in extreme case) eradicating the avoidable trial within trial is that there will be speedy dispensation of justice. The research therefore aims at improving awareness on the need to compel the institutions, authorities and persons involved in criminal justice procedure and administration in Nigeria to comply with the provisions of the Administration of Criminal Justice Act 2015 as enjoined in section 1(2) of the Act, if the objectives of the Act must be realised. In examining in extensio the causes of delay in the administration of criminal justice in Nigeria, this research work employed the doctrinal methodology. For the purpose of this study, the form of data collection would encompass both primary and secondary data taking into cognizance both judicial and extra-judicial sources. In effect, sources such a relevant statutes and regulations, law reports, journals, articles, textbooks, conference papers, published legal and relevant internet materials etc. shall be utilized in the course of this work. The study recommends that there should be conscious effort on the part of the courts in ensuring that law enforcement agents adhere strictly to the provisions of the Act with a view to bridging the disparity between the law and practice, eleven years after its enactment. It is the writer’s view that if the relevant authorities can be committed to strictly enforcing the provisions of the Act, the avoidable delays inherent in Nigeria criminal justice system would be curbed and the objective of speedy dispensation of justice would be realised.