The trial of former Abia State Governor Orji Uzor Kalu was concluded on time due to strict compliance with the Administration of Criminal Justice Act (ACJA) of 2015, Court of Appeal President Justice Zainab Bulkachuwa said on Monday.
She said the effective implementation of the law will curb criminal trial delays.
Before the law was enacted, Kalu’s and others’ trial lasted for over 10 years due to interlocutory appeals that suspended proceedings at the lower courts.
But the Senator who represents Abia North was re-arraigned under the law on October 31, 2016. He was convicted on December 5.
The ACJA abolished stay of proceedings pending appeals’ determination.
Justice Bulkachuwa said: “I was part of the making of the ACJA. I have witnessed its implementation. I was interested in what will come out of it.
“I had the chance to fully participate when applications were made by the EFCC (Economic and Financial Crimes Commission), Federal Ministry of Justice and other prosecuting bodies, that our Justices, who were elevated to the Court of Appeal, be given fiats to go back to the various High Courts and conclude the case they have started.
“First, we had to determine at what stage they could go in. After looking at the ACJA, we saw that once all the prosecution’s witnesses have testified, there will be no need to start the matter de novo (start afresh) again. We felt it was more in the interest of justice to have the matter completed.
“Most of the matters maybe because they are not high profile cases, nobody heard about them. But, I have given fiats for more than 50 times for Justices of the Court of Appeal to go back and complete their assignments.
“The most recent is that of Justice (Mohammed) Idris when he completed the case of former Governor Orji Kalu.
“Before then, I think he has completed not less than 12 or 15 of such matters.
“I think this is a big plus for the Criminal Justice Act because matters now get to be completed within the shortest time possible and decisively.”
The PCA spoke in Abuja at a workshop, with the theme: Towards national minimum standards for effective implementation of the ACJA 2015 and Administration of Criminal Justice Laws (ACJLs).”
It was organised by the Centre for Socio-Legal Studies (CSLS).
Attorney-General of the Federation (AGF) Abubakar Malami, Chief Judges of the Federal Capital Territory (FCT) and Borno State – Justices Ishaq Bello and Kashim Zannah, CSCL’s President, Prof Yemi Akinseye-George (SAN) and the Director-General, Nigerian Institute of Advanced Legal Studies (NIALS), Prof Muhammad Ladan, were present.
Malami, represented by the Solicitor General of the Federation (SGF), Dayo Apata (SAN), hailed the many innovative provisions of the ACJA.
He noted that 30 states have adopted it and urged the others to do so.
Malami noted that the adoption of the ACJA was an initial step in reforming the criminal justice system. He added that the most important part was the implementation.
“The application of the law in the country has been slow. The Federal and state governments must put in place structures to guarantee the successful implementation of the laws,” Malami said.
Akinseye-George decried the low capacity of the criminal justice system to prevent or punish wrongdoing and reward positive contributions.
He warned against trampling on the independence of the Judiciary.
“Let me seize this opportunity to appeal to the Executive arm of government, particularly the security agencies, not to undermine our hard-earned democracy by desecrating the courts.
“They must learn to resist the temptation of using the coercive powers of the state to interfere with the other arms of government, particularly the judiciary.
“The action of some security personnel, who allegedly invaded the Federal High Court to arrest a defendant, must be condemned in the strongest terms possible.
“It is barbaric and unacceptable in a democracy like ours. If they must arrest a suspect, why must they do so right inside the court?
“It must be made loud and clear that any attempt to trample on the independence of the Judiciary will not augur well for democracy,” Akinseye-George said.
