Administration of Criminal Justice (Practice Direction) 2019

By completing Form 002, the parties provide the court with valuable infor­mation that enables better management of the case and the court’s docket. This exercise allows the court to plan and al­locate resources effectively, ensuring a smoother trial process.

Section 374 and Objections Alongside Sub­stantive Issues

Section 374 of the ACJL allows the court to simultaneously determine the validity of charges and substantive issues rather than dealing with them separately.

The Court of Appeal and Supreme

Court have upheld this provision in cases such as Destra Investment Ltd v. FRN & Anor. (2018) LPELR-43883(SC),

8 Elijah Jeremiah v. FRN & Anor. (2018) LPELR-46050(CA)9 and Dayo Ola­gunju v. FRN (2018) LPELR-43909(SC).

It helps to prevent delays caused by piecemeal adjudication and promotes a more efficient trial process.

Prohibition of Stay of Proceedings under Sec­tion 273

The prohibition of the stay of pro­ceedings under Section 273 of the ACJL is another crucial policy aimed at ensur­ing speedy and efficient criminal trials. This provision prevents unnecessary delays and ensures that trials progress without undue interruption.

Restricting the proceedings’ stay helps safeguard the defendant’s right to a speedy trial and enhances public con­fidence in the justice system.

The decision in Ibrahim Shehu Shema v. FRN (2019) LPELR-59089(CA) donates the proposition that objections on constitutional grounds may be en­tertained.

Policy of Trial in Absentia under Section 235

Section 235 of the ACJL 2021 allows for the trial and conviction of defendants in absentia under certain circumstanc­es, such as when the defendant has been granted bail but fails to appear in court without reasonable explanation. This policy helps to prevent defendants from evading justice and ensures that trials can proceed even when the defendant is not physically present. The provision for trial in absentia is subject to safeguards. It should only be invoked where (a) the court has granted the defendant bail, (b) the defendant failed to attend the court without reasonable explanation, and (c) the defendant remained absent after two adjournments (or as the court deems fit). The defendant must have been arraigned before the court, and the court granted at least two adjournments before continuing with the case in the defendant’s absence. But the court must defer sentencing until the defendant is re-arrested and produced before the court.12 Any conviction imposed by the court shall start to count from the day of the defendant’s re-arrest.13 Such a trial will not violate the defendant’s fair hear­ing rights under the 1999 Constitution. In Maina v. FRN (2022) LPELR-58942(CA), the Court of Appeal endorsed the appel­lant’s conviction in absentia.

Under section 352 (5) of the Admin­istration of Criminal Justice Act, 2015 (ACJA), similar to section 235 of the ACJL.

Mr Kehinde Oduneye v. FRN (2014) LPELR-23007(CA), the Court of Appeal held that trial in absentia was not per­missible because no law supported it.

Promoting Plea Bargaining

Plea bargaining is a process whereby the prosecution and the defence nego­tiate an agreement in which the defen­dant pleads guilty to a lesser charge or receives a reduced sentence to waive their right to a trial. This mechanism is used to expedite the resolution of criminal cases and reduce the backlog of trials in the courts.

Plea bargaining has become firmly entrenched in Nigeria’s criminal justice system through amendments to various Administration of Criminal Justice Laws in different states. In FRN v. Igbine­dion (2014) LPELR-22760 (CA), the Court of Appeal highlighted the advantages of plea bargaining, including saving time and cost of litigation, reducing the risk of harsher punishment, and sparing the court the burden of conducting a trial on every crime charged.

Sections 75 and 77 of the ACJL and Article 6 of the Practice Direction un­der the ACJL19 outline the plea bargain protocol, which includes ensuring the defendant understands the agreement, allowing the prosecution to conduct a review of facts, and prohibiting the pre­siding judge or magistrate from partic­ipating in the plea bargain negotiation. The Law also provides for victim partic­ipation and allows the court to consider each case on its merit, serving as a mech­anism to check abuse.

The Role of the Court in Plea Bar­gaining – A paper presented by Hon. Justice J. E. Oyefeso at a Workshop for Judges and Magistrates on Sentencing Guidelines & Plea Bargains for Lagos State Judiciary Organised by RoLAC, held on 15th, 22nd – 24th March 2022

Promoting plea bargaining in Lagos State has several advantages.

Apart from quick case resolution, it can also provide certainty and predict­ability for defendants, who can negotiate a known outcome rather than face the uncertainty of a trial. Also, defendants who plead guilty may receive non-cus­todial sentences or shorter terms of imprisonment.

Second Verdict

Lagos State’s policies and legal frameworks to enhance the speed and efficiency of criminal trials demonstrate a comprehensive and multi-faceted ap­proach to reform. By identifying and addressing key bottlenecks, establishing specialised courts, implementing time limits, streamlining procedures, and preventing unnecessary delays, Lagos State has made significant strides in im­proving the functioning of its criminal justice system.

(IV) IMPLEMENTING ALTERNATIVES TO IN­CARCERATION

Restorative Justice

Lagos State has demonstrated a solid commitment to implementing alterna­tives to incarceration, focusing on restor­ative justice as a critical component of its criminal justice reform efforts. Sec­tion 347 of the ACJL 2021 affirms restor­ative justice as one of its objectives and adopts rehabilitation and restoration of the offender as guiding principles for im­posing punishment.

Restorative justice is an approach to Alternative Dispute Resolution (ADR) that focuses on repairing the harm caused by the offence rather than simply punishing the offender. In criminal jus­tice, restorative justice can be employed in minor cases where the parties are willing to negotiate, mediate, or recon­cile. The Lagos State Ministry of Justice has a Restorative Justice Unit20 that facilitates this process, ensuring that suitable cases are diverted from formal trial processes and that offenders can take responsibility for their actions and make amends. Restorative justice can help reduce the burden on courts, pro­vide a more flexible approach to justice, and promote healing and reintegration.

The Unit can invite the parties to a restorative justice meeting when issu­ing legal advice. Even after issuing legal advice and filing of information, either party may suggest it. The judge or mag­istrates may even refer the parties for restorative justice. It, however, does not apply to sexual and other serious crimes.

Community Service Unit

The Community Service Unit of the Lagos State Ministry of Justice is vital in administering non-custodial sentences and rehabilitating offenders, particularly those who have committed minor offences.

By assessing offenders, placing them in appropriate community service pro­grammes, and monitoring their com­pliance, the Unit has contributed to decongesting correctional facilities, pre­venting intermingling between minor and violent offenders, and reintegrating offenders into society.

Headed by Mrs Oluwafemi, the Unit also provides psycho-social support ser­vices and refers suitable offenders to the Ministry of Women Affairs and Poverty Alleviation (WAPA) for vocational train­ing and skill acquisition. With 18 offices across the Magisterial Districts, the Unit has supervised the community service orders of 7,022 offenders in the past five years, leading to significant benefits for society and the government.

Non-custodial measures are the preferred approach when dealing with children in conflict with the law, as ex­emplified by the case of The State of Lagos vs. A, which demonstrates this approach. The case involved a fourteen-year-old defendant accused of engaging in unlawful sexual intercourse with a nine-year-old child. He later admitted to a lesser offence of indecent acts in an amended charge.

During the proceedings, the court engaged with the defendant, his moth­er, and a welfare officer, Mr Oladotun Olusegun Adelubi, who provided in­sights into the defendant’s progress and recommended a one-year vocation­al programme. This case highlights the importance of adopting a rehabilitative and therapeutic approach when dealing with children in conflict with the law, fo­cusing on their well-being, education, and reintegration into society.

Third Verdict

Lagos State’s implementation of alternatives to incarceration through restorative justice and community ser­vice has yielded positive results in terms of offender rehabilitation, community benefits, and cost savings. However, the persistent overcrowding in custodial centres emphasises the need for contin­ued efforts to expand and strengthen these non-custodial measures, particu­larly for minor offenders and children in conflict with the law.

A decision handed down by Hon. Jus­tice Rahman Oshodi on 31 January 2024.

Technology Integration

Integrating technology into the crim­inal justice system has become a criti­cal component of the comprehensive approach to reform in Lagos State. By addressing the gaps and inefficiencies in the current system, technology has the potential to streamline processes, improve data sharing, and enhance the overall effectiveness of criminal justice administration. This section will explore the various technological initiatives implemented by Lagos State and their impact on speeding up trials, decongest­ing the custodial centres, and increasing public trust in the justice system.

Critical Gaps Addressable by Technology

The criminal justice system in La­gos State faces several challenges that can be addressed through the strategic deployment of technology, including inefficient processes, lack of integrated information systems, limited coverage and intelligence-gathering capabilities for law enforcement, limited transpar­ency and accountability, and inadequate access to legal information and case sta­tus updates for defendants.

Lagos State Criminal Information System

The Lagos State Criminal Infor­mation System (LCIS) is a crime data register that captures and stores in­formation about defendants who have been convicted, are awaiting trial, or are ongoing trials.

Established in 2004 as a collabora­tion among the Lagos State Judiciary, the Lagos State Ministry of Justice, and the European Union/British Council through the Rule of Law and Anti-Cor­ruption (RoLAC) programme, the LCIS was rejuvenated in 2018 and codified by Section 370 of the ACJL 2021.

Benefits and Impact of LCIS

The implementation of the LCIS has significantly impacted the criminal jus­tice system in Lagos State by providing a centralized database of defendant in­formation, helping to identify and track repeat offenders, exposing defendants who attempt to manipulate the system and retrieving lost or destroyed case files.

37. In The State of Lagos vs Olawale Olanrewaju, the offender wa arrested on 19 July 2015 for violently defiling a twelve-year-old girl at a construction site in So­molu and was subsequently remanded at the Custodial Centre, Ikoyi, Lagos. Despite being charged with the offence through Information dated 13 January 2016, the Custodial Centre failed to pro­duce him before the court for arraign­ment between 2016 and 2019, resulting in the case being struck out. The offender remained in custody for approximately eight years from his remand in 2015 until the LCIS brought his case to light. Conse­quently, he was arraigned on 3 January 2023, and his trial commenced on the same day. On 21 December 2023, the of­fender was convicted and sentenced to life imprisonment by Hon.

Justice Rahman Oshodi. The LCIS played a crucial role in enabling the court to trace the defendant and his case file, ultimately leading to the delivery of justice. (Charge No.: LD/2359C/2016),

Between 2018 and 9 May 2024, 62,117 inmates were enrolled on LCIS. The stealing-related offences amounted to the highest number of cases in the criminal court, with a record of 21,084, amounting to 44% as of 9 May 2024. The next is a breach of peace of 7,044, amounting to 15%. Armed robbery is 10%, at 4,518. Sexual crimes are at 5%, at 2,231.