Overview of the Administration of Criminal Justice Act, 2015 on the Fundamental Rights of Defendants
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Date
2024-12
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Lead City University, Ibadan
Abstract
This study is to evaluate the difficulties and projections of the Administration of Criminal Justice Act in relation to the protection and enforcement of the rights of the defendants particularly as to whether it effectively guarantees access to justice, rule of law, humane treatment and dignity of defendants in Nigeria. Over the years, it has been established that the rights of a suspect or a defendant cannot be taken away from him as a result of the presumption of innocence as guaranteed by the Constitution, and this position has been supported by a plethora of judicial authorities in Nigeria. Other rights available to a suspect includes right to bail, right to humane treatment among others. As sacrosanct as these rights are, it has been observed that the security
agencies do not observe the relevant provisions of the law in relation to the protection of the rights of the defendants and they breach same with impunity. It is against this backdrop that this study will protect the rights and interests of the suspects and the defendants; and provide how stakeholders in the administration of justice can comply with the relevant provisions of the law in relation to the rights of a suspect and a defendant. The aim of this work is to appraise the importance of the provisions of the Administration of Criminal Justice Act and other extant laws in the protection and enforcement of the rights of defendants while the specific objective is to identify the loopholes in the legal and institutional framework of human right protection in Nigeria. The methodology adopted and explored in this research work is qualitative i.e. library oriented research. This study therefore recommends that the National Assembly should amend the relevant provisions of the Act as at when due so that legislations can meet up with modern day realities while the executive should ensure that the laws are properly enforced. Against this backdrop, this study finds out that the delay in the administration of justice has not come to an end notwithstanding the prospects brought by the Administration of Criminal Justice Act, 2015.
Keywords: Fundamental rights, Justice, Criminal, court, law, police and correctional centre
Word Count: 348
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Keywords
Fundamental rights, Justice, Criminal, court, law, police and correctional centre
Citation
Kate Turabia