NewsNigeriaPoliticsTinubu Seeks Repeal of ACJA, Proposes Sweeping Criminal Justice Reforms

President Bola Tinubu has asked the House of Representatives to consider a bill seeking to repeal the Administration of Criminal Justice Act (ACJA), 2015 and replace it with a new legal framework introducing far-reaching reforms to Nigeria’s criminal justice system.

Among the key proposals in the Administration of Criminal Justice Bill, 2026, is the abolition of the trial-within-trial procedure, alongside the establishment of a national Sex Offenders Register, the creation of a Witness Support Fund, stronger judicial case management, and expanded powers for the Administration of Criminal Justice Monitoring Council.

In a letter read on the floor of the House on Wednesday, Tinubu said the proposed legislation was aimed at addressing legal, procedural and institutional shortcomings that had affected the implementation of the existing law over the past 10 years.

“I am pleased to transmit to the House of Representatives for consideration, a Bill for an Act to repeal the Administration of Criminal Justice Act, 2015 and enact the Administration of Criminal Justice Act, 2026,” the President wrote.

He added that the overall objective of the bill is “to provide for the administration of criminal justice in the courts of the Federal Capital Territory and other Federal Courts in Nigeria and the establishment of the Administration of Criminal Justice Monitoring Council for effective and efficient administration of criminal justice in Nigeria.”

According to Tinubu, the proposed law is intended to ensure that Nigeria’s criminal justice system promotes “efficient management of criminal justice institutions, speedy dispensation of justice, protection of society from crime and protection of the rights and interests of the suspect, the defendant and the victim.”

A major feature of the bill is the proposed removal of the trial-within-trial procedure, which courts currently use to determine whether a confession was voluntary before admitting it as evidence.

Under the proposal, prosecutors would instead establish the voluntariness of confessional statements during the main trial. Such statements would be admitted provisionally, while any objection to their admissibility would be determined at the point of judgment rather than through a separate hearing.

The measure is expected to reduce delays in criminal trials, particularly in high-profile corruption and terrorism cases where trial-within-trial proceedings often prolong proceedings.

The bill also proposes “the establishment of a Sex Offenders Register to be domiciled in the Office of the Attorney-General of the Federation, with provisions for the registration and publication of particulars of convicted sex offenders and mandatory transmission of information by prosecuting and law enforcement agencies.”

It further seeks to establish “a Witness Support Fund to guarantee the prompt payment of witness expenses by the Attorney-General of the Federation and other prosecuting agencies.”

Other reforms contained in the proposed legislation include the introduction of a plea form to simplify arraignment, a requirement for courts to determine no-case submissions within 21 days after the prosecution closes its case, the use of written witness depositions where appropriate and the determination of objections raised after plea together with the substantive issues at judgment.

The bill also seeks to improve judicial case management by encouraging concise presentation of evidence and streamlining criminal proceedings in magistrates’ courts through the filing of witness statements, exhibits and other relevant documents alongside criminal charges.

Tinubu is also proposing reforms to the Administration of Criminal Justice Monitoring Council by creating a governing board comprising representatives of the judiciary, law enforcement agencies, prosecuting authorities, correctional institutions, the Nigerian Bar Association, and civil society organizations.

The proposed law empowers the President “to appoint the Executive Secretary of the Council on the recommendation of the Attorney-General of the Federation,” while also authorising the Attorney-General to make regulations for the effective implementation of the Act.

The bill introduces modern case management procedures and transitional measures designed to prevent fresh trials arising from the death, retirement or transfer of judges.

Explaining the need for the new legislation, Tinubu said the current law had been hampered by delays in criminal investigations and prosecutions, inadequate deployment of technology, weak coordination among criminal justice institutions, ineffective case management and poor compliance monitoring.

“The bill has extensively addressed the above challenges. The bill also reflected developments in criminal justice administration, judicial pronouncements, technological innovations, and international best practices relating to criminal justice reform,” Tinubu added.

He said the draft legislation had been reviewed by experienced law officers with expertise in criminal law, criminal procedure and legislative drafting.

“In light of the above, it is my hope that the House of Representatives will consider the bill expeditiously,” the President urged.

The ACJA was signed into law in 2015 by former President Muhammadu Buhari to speed up criminal trials, reduce unnecessary adjournments, protect the rights of suspects and victims and improve coordination across the criminal justice system.

By Ezinwanne Onwuka (Senior Reporter)

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