By Lawal Pedro
The Lagos State Administration of Criminal Justice Law (ACJL) is a vital legislation designed to streamline and improve the criminal justice system in Lagos State.
It aims to ensure fairness, efficiency, and the protection of the rights of individuals within the system.
This law came into being in the year 2015 and now has been amended in the year 2021 as the law must be dynamic to reflect the prevailing circumstances in the State.
In discussing the progress of the Administration of Criminal Justice Law of Lagos State (ACJL) we cannot overemphasis on the impact of the Law as it relates to Human Rights and the accountability of the Police to the citizenry and the State as a whole.
The ACJL emphasizes the protection of the fundamental rights of suspects and defendants. This includes provisions against unlawful arrest, detention, and torture.
For example, let’s take a look at Section 4 (1) of the ACJL amendment, where it states that: “A person shall not be arrested instead of any other person in a criminal matter” and the law further states in subsection (4): “A person or law enforcement officer who arrests in contravention of subsection (1) of this section commits an offence and is liable for misconduct”.
Another progress of the ACJL is the regulations for the humane treatment of arrested individuals this is display in Section 9A of the Law which states that: “As from the commencement of this Law, the Police shall refrain from parading any suspect before the media”.
Section 17 provides for the rights of the suspects not to be dehumanized by any law enforcement agency or arresting body. It provides clear guidelines for arrest procedures, including the requirement to inform arrested persons of the reasons for their arrest.
The law seeks to expedite criminal proceedings, reducing delays in the administration of justice. Any objection to the sufficiency of the proof of evidence is to be taken by the trial judge after the prosecution has closed its case. This is to eliminate unnecessary delays associated with objections in Court.
Another progress of the ACJL is as it relates to plea bargaining as provided for in Section 77. It promotes measures like plea bargaining to streamline certain cases.
The ACJL introduces modern practices during court proceedings for witnesses who are out of jurisdiction or who cannot give evidence physically this is provided for in Section 200 (1) -(3), and this allows the witness(es) to tell their own story without physically appearing in the court.
Furthermore, the ACJL such as the recording of statements and the use of technology, to enhance the accuracy and transparency of the system by reducing the issue of involuntariness of statement being raised by defendants when confessional statements are being tendered in Court.
The introduction of the Lagos Criminal Information System (LCIS) is to help create a database of persons who have come in contact with the Criminal Justice System.
We now have a system where information of people in custody can be tracked, thereby reducing the awaiting trial inmates’ syndrome. This has helped in ensuring the timely provision of inmates in courts for speedy determination of cases, thereby reducing congestion in the final stage.
We have also introduced virtual hearings in respect of inmates who have cases in courts far from Correctional Centers. The state is employing information technology to improve the Criminal Justice System.
The ACJ law encourages the use of alternatives to imprisonment, which are rules governing Community Service. Some of the purposes of this are to reduce and decrease the correctional facilities and institutions, rehabilitate and reintegrate convicted persons by making them undergo productive work, and avoid mixing persons convicted of simple offences with persons of serious offences. See Section 347 of the ACJL 2021 Amendment Law.
Challenges
One of the Major challenges is non-compliance with Section 9A by security Agencies; the Law has stated that no suspect should be paraded on media; there are reasons for this, for example, in cases where the Court finds the suspect not guilty and acquits him, what becomes of him.
We are making an effort to ensure that Police Officers conduct proper investigation and video, including recording of statements by suspects at the station upon arrest and/or in the presence of a lawyer.
The provision of the ACJL concerning this aspect conforms with international best practices, and it helps to reduce allegations of torture or any inhuman treatment by Police investigators.
There is a need for more advocacy on the use of community services as a mode of punishment for persons who have been convicted of simple offences by Judges and Magistrates of the Judiciary as this will decongest the correctional facilities and also make the convict a better person by giving back to the society.
The bane of society is that we desire a good and better society, but we are not ready to make sacrifices. To have a crime-free society is impossible, but to reduce crime, the minimum is achievable with the people playing active roles in ensuring that crimes are promptly reported and witnesses are available to testify in court. The police and government can not do it alone. Rather, it is only a collaborative effort that can ensure a better society.
Opportunities for Improvement
As the Honourable Attorney General, I will continue to uphold the rights of every citizenry in Lagos State and also to continue to advocate to all stakeholders to continue to follow the procedures led by the ACIL, which is one of our guiding tools as it relates to the Criminal Justice System.
In conclusion, I want to thank International IDEA/ROLAC for putting this Town Stakeholders Meeting, and we welcome suggestions on ways to improve our Criminal Justice System in Lagos State.
Mr. Lawal Pedro, (San), Honourable Attorney General And Commissioner For Justice, Lagos State.
PRESENTATION ON THE “IMPLEMENTATION OF THE LAGOS STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW: PROGRESS, CHALLENGES AND OPPORTUNITES FOR IMPROVEMENT” AT THE LAGOS STATE STAKEHOLDERS FORUM ON POLICE ACCOUNTABILITY AT THE DE SANTOS HOTELS ON 12TH MARCH, 2025, THEME “HUMAN RIGHTS, POLICE ACCOUNTABILITY AND CRIMINAL JUSTICE DELIVERY IN LAGOS STATE”
