According to a report from Vanguard, the Economic and Financial Crimes Commission (EFCC) has called for an urgent review of the country's criminal laws.
This comes as the anti-graft agency decries the continued exploitation of legal loopholes by those on trial, despite the revolutionary provisions of the Administration of Criminal Justice Act (ACJA) of 2015.
Ola Olukoyede, the EFCC Chairman, made the call for reform during a stakeholder engagement summit held in Abuja on Monday, July 8th, 2024.
Olukoyede, who was represented by the agency's Director of Legal Department, Tahir Sylvanus (SAN), highlighted several issues that have been undermining the effective implementation of the ACJA.
"For instance, in spite of clear provisions of section 396(3) which prescribes for trial from day to day until the conclusion of trial, and section 396(4) which limits the number of adjournments to five in a criminal trial, some courts flout these sections," Olukoyede lamented.
He noted that cases are often adjourned for over a month, with uncountable adjournments granted at the instance of the prosecution, defense, or even the presiding judge.
The EFCC boss also pointed to the Supreme Court's nullification of section 397(7) of the ACJA, which had sought to prevent the disruption of trials due to the elevation of a judge to the Court of Appeal.
Olukoyede argued that this judgment has dealt a serious blow to prosecutorial agencies and the Ministry of Justice, necessitating a constitutional amendment to address the issue.
Furthermore, Olukoyede raised concerns about the provisions in sections 352(4) and 352(5) of the ACJA, which empower the court to try and convict a defendant in absentia, but require the defendant to be physically present for sentencing.
He noted that this contradiction, coupled with the constitutional requirement to pronounce judgment and sentence within 90 days, could render the entire trial process futile if the defendant is not apprehended in time.
In response, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), acknowledged the EFCC's observations and suggested that the agency could utilize the Mutual Legal Assistance (MLA) mechanism to repatriate those convicted in absentia for sentencing.
Fagbemi emphasized that the new practice direction, signed by the Chief Judge of the Federal Capital Territory, Justice Hussein Baba Yusuf, would serve as a comprehensive framework to guide stakeholders in the criminal justice system.