AN APPRAISAL OF THE RIGHTS OF VICTIMS, WITNESSES AND DEFENDANTS UNDER THE ADMINISTRATION OF CRIMINAL JUSTCE ACT (ACJA) 2015

 

ABSTRACT

This long essay aims to examine the existence of rights, under the provisions of the Administration of Criminal Justice Act (ACJA) 2015, accorded to victims of crime, witnesses in criminal proceedings and criminal defendants and analyze them through comparison with both the antecedence of Nigerian administration of criminal justice as well as global and international standards on these rights through a qualitative doctrinal research of said Act. The purpose of this is to explore the provisions of the ACJA to investigate whether the Act lives up to the many accolades it has received from legal scholars and jurists since its enactment. This is because, the furtherance of the rights and interests of such parties – victims and defendants especially – is part of the purpose set out in section 1 of the Act. In addition, this long essay will examine if the Act is in line with global and international standards to accord a set of rights to witnesses, a class of parties to criminal proceedings who is not covered by the innovative purport of the ACJA.

In order to achieve the above research objectives, this long essay has explored the Nigerian administration of criminal justice system, from the precolonial era of criminal justice administration and examine the evolutions until the present regime of the ACJA. The purpose is to provide a background and foundation for the evaluation of how much progress the system has made due to its enactment. This long essay then identified the established rights of the concerned parties internationally as well as the rights provided for by the ACJA in order to demonstrate how well the Act has done in comparison to these standards, which are the goals of States in the present global legal climate. After identifying the aforementioned facts, this long essay then undertaken a critical analysis on the performance of the ACJA regarding the provided rights of each class of individuals researched upon.

On this, the long essay posits that the ACJA has achieved much in comparison to both its past and its goals for the future. However, some critical observations and findings as to its specific performance regarding each party concerned will be highlighted. As a result of the findings in this study, this long essay recommends amendments to the Act regarding the rights of victims and witnesses as well as towards elevating the status of witnesses under the Act. It is believed that this will go a long way in moving the Nigerian administration of criminal justice system closer to the goal of meeting global and international standards.

Keywords: ‘Administration of Criminal Justice Act’, ‘Rights’, ‘Victim’, ‘Witness’, ‘Defendant’.

CHAPTER ONE:

GENERAL INTRODUCTION

 

1.1BACKGROUND OF THE STUDY

As a country with deep cultural history and ancient ethnic civilizations, Nigeria’s administration of criminal justice system dates back to the pre-colonial times in African antiquity. Before the European conquest and division of the African continent, the ethnic nations that built their civilizations in the region known as Nigeria today had their various social operations and systems, including one to administer criminal justice: ‘Customary law’. Nigeria’s administration of the criminal justice system in the precolonial era was predominated by the procedure of using local chiefs, tribunals, deities and their priests.^[1] The criminal procedure governed by customary law was chiefly adversarial with the burden of proof placed on the accused, who, in today’s legal context, was deemed guilty until proven innocent.^[2]

In the present era, however, things are vastly different. The current legal scene is dominated by statutes and legislations inspired by the English legal system but is constantly being revamped and reformed for the laws to conform to the current indigenous Nigerian values. Thus, it is no secret or surprise that the Nigerian legal system – and the administration of the criminal justice system by extension – has gone through an enormous evolution. The kinds of rights and obligations existing now are not exactly as they were in precolonial times. An apt indication of this evolution is the recently enacted Administration of Criminal Justice Act (ACJA) 2015.^[3]

The ACJA is a statute that truly marks a new era for the Nigerian legal system – and the administration of the criminal justice system by extension. It has been praised by many scholars as revolutionary legislation in the Nigerian legal extraction because of its various innovative provisions which according to many, ⁴ have done much in pushing Nigeria forward onto the desired goal of meeting up with international and global standards.⁵ A large number of these innovative provisions involve or constitute the enforcement of human rights and other constitutional rights which have been violated and unprotected by the previous legal regimes;^[4] additionally, they accord a new variety of rights to certain classes of parties whose interests the Act has purposed to cater for. There is, however, a need to truly understand the provided/accorded rights especially relative to the history of the ACJA in the CPA and CPC, its purposes and international and global standards.

 

1.2STATEMENT OF THE PROBLEM

Section 1, the long title and the explanatory memorandum of the Act states that:

This Act provides for the administration of criminal justice system which promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interest of the suspect, the defendant and victims in Nigeria.^[5]

According to the above, the classes of parties whose interests the Act has purposed to cater to include suspects of crime, criminal defendants and victims of crime. Tritely, these are all important parties in criminal proceedings, however, there are a few points of concern. The first is the exclusion of witnesses from this selection. In comparison to suspects, witnesses are a more important class of parties to criminal proceedings; they are a powerful source of evidence and are fully engaged in the most active part of trials. As such, it is puzzling that the ACJA did not include them as parties whose interests are important enough to be statutorily catered for. The scenario is contrary to the established dictum of Oputa J.S.C (as he then was) in the case of Godwin Josiah v the State,^[6] wherein he said that:

Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even, only a two-way traffic. It is justice for the defendant accused of a heinous crime of murder; it is justice for the victim, the murdered man, i.e. the deceased ‘whose blood is crying to the high heavens for vengeance’; and finally it is justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of… that justice which seeks only to protect the appellant is not even-handed justice… but justice sacrificed at the shrine of guilt.⁹

While this statement itself does not include witnesses, it reflects the importance of considering the interests of all parties who are directly or indirectly affected by the committed crimes. Also, Nigeria is currently a developing third world country, and like other countries of this class, has constraints in terms of being able to meet up with international and global standards on many fronts. The direct implication of this fact – especially on the administration of the criminal justice system – is that the state of the nation has a vastly negative difference from the expected global standards. One such standard is state protection and compensation of delicate individuals, these may be the crime victims, the witnesses, – especially first-hand witnesses – or the defendant(s); naturally, the party or parties to be accorded these rights differ according to the different cases. However, it is a standard that some basic levels of these rights be accorded to victims, witnesses and defendants in all cases. As such, Nigeria’s all-around difficulty in meeting up with global standards poses a problem in light of the provisions of the ACJA concerning these rights. Of course, it may well be that the revolutionary ACJA has brought Nigeria up this particular pedestal, but that is debatable.

Finally, the fact that the ACJA has continuously been lauded as revolutionary and innovative poses an issue in itself. Is this assertion true? If so, how true is this assertion? And relative to what terms between Nigeria’s administration of the criminal justice system’s history – the CPA and CPC – and the international and global standards on the administration of criminal justice is this assertion true? These questions need to be answered as a focal point on what will come next in the development of

Nigeria’s legal system going forward. Will the ACJA play a role in that as leading legislation due to being good enough or will it join the scores of statutes that require reformation? These and other related issues are the focus of the study for which this long essay is written.

 

1.3AIMS AND OBJECTIVES OF THE STUDY

In response to the identified issues in part 1.2 of this chapter, the study for which this long essay is written was conducted with the following objectives in mind:

1. To find out the provisions of the ACJA on victims of crime, witnesses in criminal proceedings and criminal defendants.
2. To find out whether or not the ACJA accorded rights to victims of crime, witnesses in criminal proceedings and criminal defendants.

• To find out the exact nature of rights accorded to victims of crime, witnesses in criminal proceedings and criminal defendants by the ACJA if any.

1. To find out whether the ACJA’s exclusion of witnesses from the classes of parties whose interest the Act is purposed to cater for was reflected in its provisions on witnesses.
2. To find out what status the provisions of the ACJA on victims of crime, witnesses in criminal proceedings and criminal defendants hold in comparison to the relevant provisions of the CPA and CPC. Can they be considered superior, similar or inferior? vi. To find out whether or not the provisions of the ACJA on victims of crime, witnesses in criminal proceedings and criminal defendants can be considered as up to international and global standards.

Thus, the aims of this study, in brief, are:

1. To examine the provisions of the ACJA on the rights of victims of crime, witnesses in criminal proceedings and criminal defendants;
2. To analyse the wholesomeness and propriety of these provisions in light of the CPA and CPC, the purpose of the ACJA as well as the international and global standards for these rights; and

• To conclude, based on the above, on the relative truth of the popular assertion that the ACJA is innovative legislation that pushes Nigeria closer to meeting up with international and global standards.

 

1.4SCOPE AND LIMITATION OF THE STUDY

The study for which this long essay is written, covered the evaluation of the rights of victims, witnesses and defendants, as provided for by the ACJA – in general. The scope of the study stems from an understanding of the ACJA from the viewpoint of Nigeria’s administration of criminal justice history and extends to examining its provisions concerning the aforementioned intended subjects matter and making analysis on the wholesomeness and propriety in comparison to the ACJA’s antecedent legislations – the Criminal Procedure Act (CPA)^[7] and Criminal Procedure Code (CPC)^[8] – as well in comparison to international and global standards on said issues.

However, the study is limited as the above analyses will be based on purely doctrinal research as the research only involves the analysis of legislation and legal writing. The lack of a social experiment limits the study in terms of the inability to gauge the accuracy of the results of the study through observations of the situation reality; thus this study only qualifies as theoretical analysis. Additionally, due to factors mainly involving the novelty of the ACJA – which has been in force for five years – there is a dearth of case law on the intended subjects matter. This will reflect in the minimal reference to and analysis of cases in this long essay. Furthermore, the novelty of the ACJA also influences the number of writings done on it and the intended subjects matter. All the work previously done on the intended subjects matter are contained in articles, which are difficult to access. Of course, there is a possibility that there may be some work or writing done in a book(s), however, the research was unable to confirm that. Finally, the study is limited due to the short period of research, spanning roughly three (3) months; the limited time handicapped the research, making it unable to fully explore the work previously done on the intended subjects matter, for a more thorough analysis.

 

1.5SIGNIFICANCE OF THE STUDY

The study for which this long essay is written as aforementioned covers a bevvy of issues which can be considered important or very important, depending on the audience reading this essay. It is justified, firstly, in that it will solve one of the problems that plague many parts of the Nigerian legal system: the ignorance of the Nigerian citizens. This study will provide enlightenment on what the rights of victims, witnesses and defendants should be and what these rights are under the ACJA. The import of this is to provide a clear indication of how far Nigeria has left to trudge on the journey of meeting up with international and global standards. Additionally, this study will provide some insight on what areas need to be improved as well as the way forward for the administration of criminal justice in Nigeria. This study is important as it will do an extensive analysis of the provisions of the ACJA concerning the intended subjects matter, this study should serve as constructive criticism to the drafters of the ACJA by identifying the gaps and loopholes in the relevant provisions. Finally, due to the novelty of the Act and the issues surrounding it, this study is considered as a study in an emerging area and thus, will contribute to the knowledge on the intended subjects matter.

 

1.6RESEARCH METHODOLOGY

The research method used for this study is purely doctrinal research including observational, evaluative and analytical research methods. Doctrinal research focuses on strictly legal element. This is true of the study for which this long essay is written. Besides being doctrinal, the research also applies a qualitative research method, rather than a quantitative one, opting to focus on the analysis of specific sources. The main primary source used for this research is the Administration of Criminal

Justice Act (ACJA) 2015. Additional sources are the Criminal Procedure Act (CPA) 2004, the Criminal Procedure Code (CPC) 2004 and a few international treaties and conventions of the United Nations for evaluative and analytical purposes. Then the ancillary sources include internet, essays, articles and judicial authorities.

No extra-legal or empirical elements were included in the research. This research is limited in that it only qualifies as theoretical work. The lack of any extra-legal elements including social research, makes it almost impossible to assess the accuracy or inaccuracy of the theoretical conclusions of doctrinal research in comparison to the real situation. Finally, in the course of conducting the study, the research adhered to the rules on plagiarism and the maintenance of human rights, especially intellectual property rights.

 

1.7LITERATURE REVIEW

1.7.1 ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA

The Administration of Criminal Justice in Nigeria has undergone over a century of evolution between the end of the precolonial era and the present age. Precolonial Nigeria was governed by what is today known as Customary Law. Woodman in ‘African Legal Systems’^[9] defines customary law as ‘the aggregate of unwritten normative rules which bind the members of a specific community or ethnic nation’.¹³ It was the most essential – legal – element of the precolonial Nigerian societies. According to Smith in ‘Peace and Palaver: International Relations in Precolonial West Africa’^[10] customary law governed every aspect of the societies.^[11]

The administration of criminal justice system in precolonial Nigeria is the furthest in difference from the contemporary system. It was during the colonial era, when the British Colonial Government introduced their laws and legal system to the territories which now form Nigeria, that the present system begun to take shape. This started with the institution of a legislative council for law making purposes which established the first courts and police.^[12] After the end of the colonial era, in 1958 at the first Constitutional Conference for an indigenous Nigerian constitution, a decision was taken to abolish customary law.^[13] However, this ended up largely successful as even the present constitution¹⁸ in section 36 (12) provides as follows:

Subject as otherwise provided by this constitution, a person shall not be convicted of a criminal offence unless that offence is defined by and the penalty therefore is prescribed in written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.¹⁹

It is, despite this, possible for customary law to remain as long as such a law is codified through judicial precedent or as part of law. In this era, Nigeria developed her indigenous legislations and came up with the Criminal Code and Penal Code as the substantive laws governing Southern and Northern Nigeria respectively, and the Criminal Procedure Code (CPC)^[14] and Criminal Procedure Act (CPA)²¹ as the procedural law governing the respective regions of the country. These legislations have done hard work in sustaining the Nigerian criminal Justice system throughout the postcolonial era. However, a new era was established recently. The Administration of Criminal Justice Act (ACJA) 2015 was enacted to repeal and replace the CPA and CPC in governing criminal procedure at the federal level.

 

1.7.2 THE ADMINISTRTION OF CRIMINAL JUSTICE (ACJA) 2015

The ACJA was a brain-child of the Nigerian criminal justice administration reforms which began in 2005, enacted to repeal and replace the then, leading legislations on criminal procedure in Nigeria: The CPA and CPC. According to Akinseye-George in ‘The Administration of Criminal Justice Act

(ACJA) 2015: An Overview in Relation to Criminal Cases Adjudication in the Federal High Court’^[15] on the replacement of the CPA and CPC by the ACJA that:

These laws have been in application for many decades without significant improvement. Over the years, defence lawyers have perfected the art of exploiting the loopholes in these laws to the advantage of their clients. As a result, the criminal justice system of the country has lost its capacity to respond quickly to the needs of the society: To check the rising waves of crime, speedily bring criminals to book and protect the victims of crime. The ACJA 2015 responds to Nigeria’s dire need of a new legislation that could transform the criminal justice system to reflect the true intents of the Constitution and the demands of a democratic society; eliminate unacceptable delays in disposing of criminal cases and improve the efficiency of criminal justice administration. The Act makes a deliberate attempt to strengthen the hand of judges and restore their rightful position as the driver of criminal justice administration.^[16]

He highlights many gaps and issues with the CPA and CPC as well as the purpose of the ACJA to remedy those issues. Many writers and scholars, including Akinseye-George, have lauded the ACJA as a revolutionary and innovative legislation due to its having many legislations which can be considered as novel and ground breaking, from the perspective of Nigeria’s administration of criminal justice history. On this, Garba in ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and Way Forward’^[17] mentioned that:

Over the many years of the existence and operation of these legislations, the criminal justice system in Nigeria was in a state of perpetual decline, the legislations had loopholes, voids and inconsistencies, such that it was effulgent that they could not address the rising needs of society in a democratic government. The ACJA was therefore welcomed with an air of relief as it makes affiances of speedily bringing criminals to book as well as protecting the victims of crime; amongst other things. This was a commitment yearned for by the entire criminal justice administration sector and the society at large… This purpose as set out in section 1 is indicative of a paradigm shift in the criminal justice system; from the punitive approach to a restorative one, with the needs of the society, victims, vulnerable persons and human dignity at the forefront. As a result, the ACJA has introduced innovations, which aims to enhance the efficiency of the criminal justice system.^[18]

Writers make reference to the ‘innovations’ of the ACJA in their writing, especially Akinseye-

George, who has written quite a number of works on the ACJA. In his work, ‘Summary of Some of the Innovative Provisions of the Administration of Criminal Justice Act (ACJA) 2015’^[19] Akinseye-

George highlights these innovations some of which include the codification of the suspect’s right to receive notice of the cause of the arrest, the codification against arrest in civil proceedings, the mandatory inventory of property by the police, the establishment of a police criminal records registry for the purpose of the above point, the codification of the electronic documentation of confessional statements, the codification against the discrimination against female sureties, the introduction of the plea bargain system, the introduction of the fast-tracking of trials, the introduction of witness protection and victim compensation, the introduction of the electronic recording of court proceedings and the introduction of non-custodial sentencing.^[20]

The ACJA is doubtless a unique legislation in Nigeria; the Long title – in corroboration with Section 1 of the Act – states:

This Act provides for the administration of criminal justice system which promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interest of the suspect, the defendant and victims in Nigeria.^[21]

Essentially, the ACJA governs criminal justice administration matters in Federal courts to promote the rights of suspects, defendants and victims in Nigeria; a great difference from the normally defendant focused system of customary law in precolonial Nigeria. In order to further this purpose the Act provides for the establishment of a regulatory body: ‘The Administration of Criminal Justice Monitoring Committee’^[22] which would be responsible for ensuring effective compliance with the provision of the Act and management of the relevant criminal justice institutions.

 

1.7.3 VICTIMS UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) 2015

Victims are the most fragile class of individuals catered for by the ACJA. A plethora of rights and privileges new to the Nigerian criminal justice system were accorded to victims of crime by the ACJA. Obiora in ‘Re-Victimization of Victims of Crimes under the Nigerian Criminal Justice System’³⁰ also mentioned that:

The essence of Criminal Justice Administration is to reduce crime or incidence of crime in the society to barest minimum and to restore the balance following the disruption of social order by the criminal act. Justice in this sense is not just for the accused person, it is also for the victim as well as the society. The actualization of this form of justice is a complex and intriguing process.^[23]

Additionally, observe the established dictum of Oputa J.S.C (as he then was) in the case of Godwin Josiah v the State,^[24] wherein he said that:

Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even, only a two-way traffic. It is justice for the defendant accused of a heinous crime of murder; it is justice for the victim, the murdered man, i.e. the deceased ‘whose blood is crying to the high heavens for vengeance’; and finally it is justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of… that justice which seeks only to protect the appellant is not even-handed justice… but justice sacrificed at the shrine of guilt.^[25]

It is the clamour of writers and jurists like these that formed a big part of the push for the furtherance of the rights of and remedies for victims of crime; the ACJA recognized the importance of such opinions by making satisfactory provisions of rights for victims of crime as will be discussed in chapter four of this long essay.

 

1.7.4 WITNESSES UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) 2015

The provisions of the ACJA are not purposed – as mentioned in section 1 of the Act – to further the interests of witnesses. However the Act still makes provisions for them. The provisions of the ACJA regarding the rights of witnesses are simply the right to compensation for their time and travel as well as a limited witness protection. In Kabiru Umar v FRN[2013] ,^[26] the defendant was charged for the bombing of a church in Niger State on the 25^th of December 2011, killing forty-five and wounding seventy-five persons. During the trial, the Court employed the use of masks and pseudonyms on witnesses and also excluded the public from the courtroom as a form of protection. The defendant was eventually convicted and sentenced to life imprisonment in 2013.³⁵ These are the kinds of provisions made by the ACJA concerning victims and these provisions will be analysed in more detail, further on in chapter four of this long essay.

 

1.7.5 DEFENDANTS UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) 2015

Defendants have been the focus of the Nigerian criminal justice system since precolonial times. As the system continues to develop and evolve, numerous rights have been accorded to this class of individuals who have for so long remained the focus of criminal justice administration. The basic rights of defendants has been extrapolated by Odekunle^[27] following:

From Statutory provisions, through procedural laws, to penal sanctions modern criminal justice systems appear to emphasis the safe-guarding of the rights and interests of offenders… From arrest to sentencing and after, the offender has the right to be cautioned before making a statement, right to remain silent, right to bail, right to innocence until proven guilty, right to fair hearing, right to counsel, right to appeal and be heard, right to human and decent treatment in prison etc.³⁷

 

1.8 SYNOPTIC ANALYSIS OF CHAPTERS

The title of this long essay and topic of the study conducted prior is: ‘An Appraisal of the Rights of

Victims, Witnesses and Defendants under the Administration of Criminal Justice Act (ACJA) 2015’.

Chapter one (1) of this long essay as titled, is simply a general introduction to the long essay and the study conducted prior, for which this long essay is written. It contains a background of the study, a statement of the problem which prompted the research, the aims and objectives of the study, the scope and limitations of the study, the significance of the study, an outline of the research methodology, a brief and concise literature review of the main sources of the study and a brief outline of all the chapters of this long essay.

Chapter two (2) of this long essay is titled ‘Conceptual Clarification of Essential Terms’ and as described covers the definitions and detailed explanations of the essential terms of this long essay and the study conducted prior. The general terms defined and explained in the chapter are:

1. The meaning of Administration of Criminal Justice;
2. The meaning of a right;
3. The meaning of a victim;
4. The meaning of a witness; and
5. The meaning of a defendant.

Chapter three (3) of this long essay is titled ‘Historical Development of The Administration of

Criminal Justice System in Nigeria’ and explains the evolution of the administration of criminal justice system in Nigeria from pre-colonial times until the enactment of the Administration of Criminal Justice Act (ACJA) 2015. The chapter is divided into three main parts signalling the transition of periods and the evolution of Nigeria’s administration of the criminal justice system from the pre-colonial era to the colonial-era, to the postcolonial and pre-ACJA era and now the ACJA era.

Chapter four (4) of this long essay is titled ‘The Rights of Victims, Witnesses and Defendants under The Administration of Criminal Justice Act (ACJA) 2015’, quite similar to the title of the long essay. The chapter focuses on identifying the rights of victims of crime, witnesses in criminal proceedings and criminal defendants under the ACJA and making analysis based on the aims and objectives of the study set out in part 1.3 of this chapter. Its subheadings are broadly divided into ‘The Rights of Victims’, ‘The Rights of Witnesses’ and ‘The Rights of Defendants’.

Chapter five (5) of this long essay is as titled the ‘Conclusion’ of both the long essay and the study conducted prior. It contains observations and findings made in the course of research, a summary of the work, recommendations and the final conclusion of the long essay.

[1] See S.G. Barnabas, A. N. Obeta, ‘An Examination of the Coexistence of Statutory and Customary Criminal Law in Nigeria’ in International Journal of Social Sciences.

[2] See O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems: Nigeria P.169658.

[3] Enacted in May 2015. ⁴ See M. L. Garba, ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and Way Forward’ in National Association of Judicial Correspondents Lecture, 2017; See also Y. Akinseye-George, ‘Summary of Some of the Innovative Provisions of the Administration of Criminal Justice Act (ACJA) 2015’. ⁵ Ibid.

[4] See Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to Criminal Cases Adjudication in the Federal High Court’.

[5] See section 1 ACJA.

[6] (1985) I NWLR 125. ⁹ Ibid. per Oputa JSC.

[7] Cap. C41 LFN 2004.

[8] Cap. C42 LFN 2004.

[9] G. R. Woodman, ‘African Legal Systems’, in J.D. Wright, International Encyclopaedia of the Social and Behavioural Sciences (2^nd ed. Elsevier, 2015). ¹³ Ibid at p. 272; see also C. O. Okonkwo and Naish, ‘Criminal Law in Nigeria’ (2003) Spectrum.

[10] R. Smith, ‘Peace and Palaver: International Relations in Precolonial West Africa’ (1973) 14 Journal of African History.

[11] Ibid. at p. 600.

[12] O. N. I. Ebbe, ‘World Fact-book of Criminal Justice Systems: Nigeria’ in World Fact-book of Criminal Justice Systems: Nigeria P.169659.

[13] A. O. Alubo, ‘Modern Nigerian Criminal Law’ (2014) University of Jos Press. ¹⁸ Constitution of the Federal Republic of Nigeria 1999 (As amended) 2011. ¹⁹ Ibid. at section 36 (12).

[14] Ibid. at 11. ²¹ Ibid. at 10.

[15] Y. Akinseye-George, ‘The Administration of Criminal Justice Act (ACJA) 2015: An Overview in Relation to Criminal Cases Adjudication in the Federal High Court’.

[16] Ibid. at p. 8.

[17] M. L. Garba, ‘Administration of Criminal Justice Act 2015: Innovations, Challenges and Way Forward’ in National Association of Judicial Correspondents Lecture, 2017.

[18] Ibid at p. 1-2.

[19] Y. Akinseye-George, ‘Summary of Some of the Innovative Provisions of the Administration of Criminal Justice Act (ACJA) 2015’.

[20] Ibid. at p. 3-22.

[21] See section 1 ACJA.

[22] See Section 470 ACJA; see also A.R. Emma, ‘An Appraisal of the Administration of Criminal Justice Act, 2015’. ³⁰ See N. I. Obiora, ‘Re-Victimization of Victims of Crimes under the Nigerian Criminal Justice System’ University of

Nigeria Law Students Journal (UNLSJ), Vol. II (2015), pp. 54-66. Accessed [Online] at: https://www.academia.edu/35079485/RE_VICTIMIZATION_OF_VICTIMS_OF_CRIMES_UNDER_THE_NIGERIA N_CRIMINAL_JUSTICE_SYSTEM. Accessed 15^th November, 2020.

[23] Ibid. at pp. 55.

[24] Ibid. at 9.

[25] Ibid. per Oputa JSC.

[26] Unreported. Accessed [Online] at: https://www.vanguardngr.com/2013/12/catholicchurch–bombing–court–sentenceshttps://www.vanguardngr.com/2013/12/catholicchurch-bombing-court-sentences-kabiru-sokoto-life-imprisonment/kabiru–sokoto–life–imprisonment/.³⁵ Ibid.

[27] (2005). ³⁷ See also E. Eluwa ‘Witnesses, Experts and Victims: Imperatives for The Criminal Justice System in Nigeria’ DPP IMO

STATE,                PUBLICATION. Accessed               [Online] at: http://biblioteca.cejamericas.org/bitstream/handle/2015/3732/Eluwa.pdf?sequence=1&isAllowed=y.         Accessed               30^th October, 2020.

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