The Operations/Applications of the Administration of Criminal Justice Law in Edo State

Austin Adebisi Alabi ,Regina Jegbefumen Okhiria

doi:10.7176/jlpg/94-17

Abstract

Various states in Nigeria have passed the Administration of criminal justice bill into law. Lagos state is the first followed by Anambra state. Other states include Ekiti, Ondo, Cross Rivers, Akwa Ibom, Kaduna, Jigawa, and recently Edo State. The Administration of Criminal Justice Law of the states repeals the Criminal Procedure Laws hitherto operational in those states, whereas the Administration of Criminal Justice Act, 2015 which was enacted in 2015 repeals the Criminal Procedure Act, 2010 and the Administration of Justice Commission Act, 2010. The aim and purpose of these enactment is the speedy dispensation of justice whereby both the suspect or defendant and the victim of crime are all treated fairly under the law. The law has also make provisions on how the police should take down statement from the suspect and the ways and methods to treat suspect under their custody. This paper examined the innovation brought by the new law and also identifies the gaps that were present in the old law and how those gaps were adequately filled by the new law. It recommended that a lots still need to be done for the smooth application of the new law. Keywords : criminal justice, operation, application. DOI: 10.7176/JLPG/94-17 Publication date: February 29 th 2020

Highlights

In Edo State, the Administration of Criminal Justice Law was enacted into law in 2016 and came force in the year 2018
The Administration of Criminal Justice Law brought innovations that are quite different from the repealed statute regulating administration of criminal justice, at the initial time, stakeholders in the administration of criminal justice were confronted with problems of adapting to the provisions of the Administration of Criminal Justice Law
The innovations introduced by the Administration of Criminal Justice of Edo State is aimed at making the administration of criminal justice in the state responsive to the demands of the criminal justices sector, and bringing the administration of criminal justice up to date with international best practices

Summary

INTRODUCTION

In Edo State, the Administration of Criminal Justice Law was enacted into law in 2016 and came force in the year 2018. Under the Administration of Criminal Justice Law of Edo State, a suspect or defendant arrested for an offence which a Magistrate Court has no jurisdiction to try shall within reasonable time of arrest be brought before a High Court for remand.[8] Reasonable time by the provisions of the constitution[9] means one day where there is a. Any relevant authority in whose custody the suspect is or at whose instance the suspect is remanded, and adjourn the matter within a period not exceeding fourteen days of the expiration of the period of remand order made under subsection (1) or (2) of this section, to inquire as to the position of the case and for the Commissioner of Police and the Attorney General of the State to show cause why the suspect remanded should not be unconditionally released.[6]. Where the defendant is not in custody, the notice of trial and the information shall be served on him personally.[3]

Plea Bargain

Conclusion