By Alfaritsy The Administration of Criminal Justice Law (ACJL) in Nigeria was designed to improve the efficiency of the judicial system, ensuring swift and fair justice delivery. However, years after its enactment, the system remained plagued by significant funding deficits, corruption, poor implementation, and political interference. Civil society organisations (CSOs) such as the CLEEN Foundation, have consistently raised concerns about the underfunding of criminal justice institutions and the impact this has on the rule of law.
A recent policy briefing by CLEEN Foundation in Lagos, themed “Media Advocacy for Increased Budgetary Allocation for Efficient Implementation of the ACJL,” highlighted the urgent need for an improved financial commitment from the government. Despite substantial budgetary allocations for security, infrastructure, and law enforcement, the foundation revealed that very little has been done to strengthen criminal justice institutions.
The Nigerian criminal justice system is primarily government-funded, with allocations from federal and state budgets.
However, these allocations are often inadequate, leading to severe challenges in investigation, prosecution, and adjudication processes.
CLEEN Foundation’s Programme Director, Dr. Salaudeen Hashim, emphasised that despite constitutional provisions and the ACJL framework, financial support remains minimal.
A closer examination of the 2024 Ministry of Justice (MoJ) budget provides a stark illustration of misplaced priorities.
While a meager N73 million was allocated to the Administration of Criminal Justice Monitoring Committee (ACJMC), the statutory body responsible for overseeing ACJL implementation renovations swallowed up N971.9 million, and N480 million was earmarked for vehicle procurement.
Such budgetary decisions highlight the government’s lack of commitment to improving the criminal justice system.
The outcomes of insufficient funding are severe. Detention centers have become incubators for criminal activity, police departments lack crucial forensic equipment, and court caseloads keep inundating the judicial system. Across numerous regions, law enforcement personnel do not receive adequate instruction or support to properly uphold the law, resulting in indiscriminate arrests, extended incarcerations, and occasionally, unlawful executions.
In certain regions, for example, a single forensics lab serves millions of individuals, rendering thorough criminal investigations almost unfeasible. Additionally, the shortage of forensic specialists hampers investigators’ capacity to collect robust evidence, which can lead either to miscarriages of justice or to the closure of significant cases because of inadequate proof.
Beyond funding inadequacies, corruption has further undermined the effectiveness of the ACJL. CLEEN Foundation identified several ways in which corruption thrives within the justice system, including:
The improper use of plea bargains, especially when dealing with politically exposed individuals (PEPs).
The emphasis on capital projects for individual benefit instead of reinforcing the judicial infrastructure.
¡ Political interference in judicial appointments and case proceedings.
The absence of transparency in budget formulation and implementation.
¡ Bribery within law enforcement agencies, where suspects pay to avoid prosecution.
The debate over plea bargaining has intensified. Although this practice was meant to streamline judicial processes, its application in Nigeria has mostly served to shield those in power.
Mr. Peter Maduoma, the Acting Executive Director of CLEEN Foundation, has sharply criticized how plea bargaining is often employed as a means for corrupt politicians and powerful figures to evade consequences.
A scenario wherein someone steals N50 billion and subsequently gets away with just paying a fraction of the sum via a plea deal represents a significant miscarriage of justice,” Maduoma asserted. “It is crucial for the press to keep bringing attention to this matter until the relevant legislation is revised and rendered fairer.
Dr. Hashim also highlighted that plea bargaining, rather than serving as an instrument for efficient justice, has transformed into a method for protecting offenders from the complete rigor of the law.
“At the time of investigation, they swiftly propose plea bargaining as an option instead of going through with prosecution, essentially indicating that justice is not being upheld,” he stated.
The repercussions of this system extend widely. As the affluent and those with political connections benefit from plea bargains to avoid penalties, individuals without financial means or proper legal support find themselves stuck in jail over trivial infractions.
The Role of the Media in Criminal Justice Reform
To achieve successful advocacy and accountability, the media should adopt an active stance in guaranteeing that ACJL execution is adequately financed as well as untainted by corrupt practices. The CLEEN Foundation highlighted that journalists ought to:
Consistently monitor budget allocations and their usage within the justice sector.
Investigate cases where government agencies do not disburse funds for ACJL implementation.
Reveal instances where political interference disrupts judicial proceedings.
Increase awareness regarding the inconsistencies in ACJL implementation across different states.
Promote success stories from states that have advanced in their justice sector reforms.
Journalists are encouraged to use their platforms to magnify the voices of civil society organizations pushing for more funding and reforms within the criminal justice system. In regions such as Delta, where certain reforms have successfully taken root, the media ought to showcase these exemplary practices so they may be emulated across other states.
Moreover, the media needs to take an active part in ensuring accountability among law enforcement agencies. Instances such as escapees evading custody, unjustified arrests, and acts of violence should not just be reported but also monitored closely to guarantee that justice prevails.
The Way Forward: Policy Recommendations for ACJL Implementation
To fully realize the ACJL’s potential, several crucial steps should be undertaken:
¡
Increase Budgetary Allocations:
The government needs to prioritize allocating funds to the justice sector. Sufficient resources should be provided for investigations, prosecutions, forensic analyses, witness protection programs, and judicial facilities.
¡
Strengthen Anti-Corruption Mechanisms:
Transparency and accountability should be strengthened within the criminal justice system. This involves overseeing how budgets are implemented and making sure resources do not get redirected for private or partisan advantage.
¡
Improve Stakeholder Coordination:
The absence of collaboration among entities within the justice system has led to inefficiencies. To improve the effectiveness of ACJL implementation, the Ministry of Justice, law enforcement agencies, and civil society organizations need to work together more closely.
¡
Enhance Public Awareness:
A large number of individuals involved in the justice sector, such as police officers and judicial officials, have not had the opportunity to review copies of the ACJL. To make sure that every stakeholder comprehends the legal provisions, it is essential to enhance awareness and introduce training programs.
¡
Revamp the Plea Bargain Procedure:
The use of plea bargaining must be strictly regulated to prevent abuse. The government should ensure that financial settlements do not replace appropriate judicial penalties for corruption and other serious crimes.
¡
Invest in Forensic and Digital Infrastructure:
Lack of forensic labs and digital case management systems has impeded efficient investigations and prosecutions. Additional funding is required to update Nigeria’s criminal justice framework.
¡
Guarantee the Judicial System’s Autonomy from Politics
Political intervention continues to pose a significant challenge within Nigeria’s justice system. It is essential to implement reforms aimed at protecting judicial autonomy, guaranteeing that both judges and prosecutors can function free from outside influence.
The effective implementation of the ACJL in Nigeria hinges on adequate funding, transparency, and a commitment to reform. As highlighted by the CLEEN Foundation, the current state of criminal justice in Nigeria is unsustainable, with corruption, delays, and inefficiencies eroding public trust in the system.
The media holds a vital position in promoting advocacy for enhanced financial support and improvements within the justice sector. Through their efforts to keep the administration responsible, uncovering dishonest practices, and elevating the concerns raised by civil society organizations, reporters can help establish a clearer, equitable, and efficient judicial framework in Nigeria.
Unless immediate steps are swiftly implemented to tackle these issues, justice will remain accessible only to those who can afford it most, thereby keeping typical Nigerians exposed to the shortcomings of an inadequately funded and corrupted judicial framework.
Provided by Syndigate Media Inc. (
Syndigate.info
).