Vol.1, No1, June,2023-Article-2

ABSTRACT:

This project examined the challenges and prospects of the administration of the Criminal Justice System within the context of the ACJA (2015). The work aimed at not just underscoring the issues around protracted criminal litigation in Nigeria, but unearthed the factors responsible with the intention of suggesting probable solutions to them. The study used a mixed-method approach comprising the doctrinal methodology as well as a quantitative descriptive data analysis of opinions elicited from respondents using the purposive sampling technique (this includes Criminal Justice System stakeholders such as the Police, Prisons, Judiciary, Legal Practitioners, and Guardians of Awaiting Trial victims). Findings from the study show that the enactment of the Administration of Criminal Justice Act (ACJA) in 2015 was a significant step toward addressing the challenge of protracted criminal litigation in Nigeria. This is because the ACJA introduced several reforms aimed at expediting criminal trials and ensuring a more efficient and fair justice system. One of the key provisions of the ACJA is the limitation of adjournments to prevent unnecessary delays in court proceedings. It also introduced the concept of continuous trial, which requires courts to hear criminal cases on a day-to-day basis until they are concluded, except in exceptional circumstances. The study also found that the ACJA introduced alternative dispute resolution mechanisms such as plea bargaining, restorative justice, and the use of technology to streamline the criminal justice process. These mechanisms provide avenues for resolving cases more quickly and reducing the backlog of cases in the courts. While the ACJA has made significant strides in addressing protracted criminal litigation, the study discovered that some challenges still exist. Implementation of the Act has been uneven across different jurisdictions, and there is a need for adequate training and capacity building for justice sector actors to fully utilize the provisions of the Act. Furthermore, the dearth of infrastructures, such as inadequate courtrooms and case management systems, continues to hamper the efficient administration of justice. Amongst others, the work recommends that it is essential for draftsmen to reassess the Act and address the identified shortcomings. Conducting a comprehensive review and harmonization of the ACJA with other relevant laws is necessary to rectify inconsistencies and promote a cohesive and efficient criminal justice system.