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Daniel Bulusson

The challenges however remain how to effectively implement the
provisions of the law, considering the inadequacies of the current
Nigerian legal system.

Take for example, Section 28 of the Administration of Criminal
Justice Law of Kaduna State (2017) provides that a suspect must be
informed by the investigative police officer that he has the right
to remain silent, or make statement in the presence of his legal
professional, or any member of his choice. Sadly this is not the
case in our police stations, writing a statement is mandatory once
a suspect is in police custody.

Another major setback to the digitalization of court proceedings
is the inability for court staff to easily comply with modern day
technology, some are still trying to understand and operate their
smart-phones, not to talk of operating digitalized court
proceedings, serving soft copy of hearing notices to counsels
before the date of hearing notifying them if the court would sit or
not, or file and serve soft copy of court processes to parties
involved.

Another challenge to ease of justice dispensation when the
courts go digital, is the frequent epileptic power supply
bedeviling the nation, which begs the question, would the court
room switch back to analogue during court proceedings when our
electricity distribution company ceases the light? Or would the
court adjourn proceedings to when there is electricity? This and
many more are the reasons why the Administration of Justice Law
having being passed to law, is still yet to be effectively
implemented.

To my mind, the fastest means to fast tracking criminal trial,
apprehension of offenders, and passing judgment, is to go to the
basics of crime prevention; the police are responsible for
beginning investigation of an alleged offence before going to
court; and until the Nigeria police are ready to start processing
suspects arrested by taking mug shots, fingerprints, and other
personal details required by the Administration of Criminal Justice
Law with intent to create a database for all offenders registered
in the system, for purpose of recording of arrest, and creating a
central criminal record to assist the court in the speedy
dispensation of justice.

Elijah, Karam Bakam, Esq, while delivering his speech at the
stakeholders’ meeting, recommended an implementation drive which
includes; (1) subsidiary instrument required for implementation
like the state Ministry of Justice and the police to enter a
memorandum of understanding stating the terms of collaborative
investigation; (2) institutional structure(s) to be established by
appointing a liaison officer who possess excellent administrative
and communication skills for the purpose of creating an interface
between the two officers for effective implementation of their
investigative duties; (3) Human and material resources; (4)
requirement for returns/report.
(https://www.theediproofblog.com)

From the above, it is clear that all hands must be on deck to
achieve the justice sector reform we desire. The executive ought to
play their part by providing the structures needed for this
innovative law to perform optimally; The police also ought to work
towards the digitization of police stations; that way the courts
can dispense justice accurately, in due time.

The prisons are filled with inmates awaiting trial who have
spent years for minor offences, this is so because there is no
synergy between the stakeholders involved in the dispensation of
justice. Fortunately, once the implementation of Administration of
Criminal Justice takes full effect as it ought to, it will in turn
lead to prison decongestion, and promote respect of human
right.

Godspeed!

Do send your comment(s), observation(s) and recommendation(s) to
danielbulusson@gmail.com or like us on
www.facebook.com/theadvocatewithdanielbulusson

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