Proposed National Minimum Standards for Criminal Justice Administration in Nigeria

1. ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA: NATIONAL MINIMUM STANDARDS PROPOSED BY THE CENTRE FOR SOCIO-LEGAL STUDIES IN COLLABORATION WITH CRIMINAL JUSTICE STAKEHOLDERS

2. EXPECTED OUTCOMES OF THIS PRESENTATION 01 02 03 RANGERS WILL BE ABLE TO: EXPLAIN THE PURPOSE, PROCESS AND PARTNERS OF THE NATIONAL MINIMUM STANDARD PROJECT; DESCRIBE THE NATIONAL MINIMUM STANDARDS OF ADMINISTRATION OF CRIMINAL JUSTICE IN THE COUNTRY;

3. PURPOSE OF THE NATIONAL MINIMUM STANDARDS FOR THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA • TO BRING TO THE 4 CORE ESSENTIAL ELEMENTS AND OTHER ISSUES OF REFORM OF CRIMINAL JUSTICE ADMINISTRATION; • TO PROVIDE A COMMON BASIS FOR EVALUATING CRIMINAL JUSTICE INSTITUTIONS NATIONWIDE; • TOPROMOTE HEALTHY COMPETITION AMONGST THE STATES; • TO PROVIDE A BASIS FOR ATTRACTING MORE RESOURCES TO THE CRIMINAL JUSTICE SECTOR

4. PURPOSE OF NMS (CONTD.) • ACHIEVE PASSAGE OF THE ACJL BY ALL STATES AND • DEEPEN IMPLEMENTATION OF ACJA AT THE FEDERAL LEVEL AND ACJL ACROSS THE COUNTRY

5. PROCESS OF THE NMS PROJECT 1 2 3 4 5 STAGE 1: ROAD MAP & BASELINE STUDY STAGE 2: PUBLICATION OF BASELINE ASSESSMENT REPORT STAGE 3: PEER REVIEW WORKSHOP: STATES REPORT ON PROGRESS ACHIEVED SINCE BASELINE STUDY STAGE 4: NATIONAL TECHNICAL REVIEW & EVALUATION CONFERENCE (NTREC) STAGE 5: PRESENTATION OF SCORE SHEET AND AWARDS

6. PARTNERS IN THE NMS PROJECT CIVIL SOCIETY ORGANIZATIONS INCLUDING MACARTHUR CRIMINAL JSUTICE COHORT MEMBERS AGENCIES OF CRIMINAL JUSTICE ADMINISTRATION; MINISTRIES OF JUSTICE; DEVELOPMENT PARTNERS THE MEDIA AND THE PUBLIC

7. PASSAGE OF THE ACJL Every state in the country is required to pass the Administration of Criminal Justice Law. So far 33 States have passed the ACJL.

8. QUALITY OF THE ACJL: FOUR KEY, CORE ESSENTIAL ELEMENTS: OF THE NUMEROUS PROVISIONS OF THE ACJA 2015 EVERY ADOPTING STATE SHOULD WATCH OUT FOR THE FOLLOWING: • Section 106 – prosecutions of crimes are handled by legally trained persons, thereby abolishing lay police prosecutors • Section 306 – prohibits stay of trial proceedings on account of an interlocutory appeal. • Section 396 – provides the time frame for trials, and other trial case managements including day-to-day trials and limitations on number and duration of adjournment of criminal cases. • Section 496 – creates the Administration of Criminal Justice Monitoring Committee (ACJMC), as the institution to monitor and coordinate compliance and implementation of the Act/laws

9. MEASURED WITH REFERENCE TO: PROGRESS WITH RESPECT TO PASSAGE OF THE ACJL • EXISTENCE OF A DRAFT ACJ BILL? • LACK OF A DRAFT ACJL BILL? • BILL PENDING IN THE HOUSE OF ASSEMBLY? • BILL PASSED BUT AWAITING ASSENT?

10. EFFORTS BY EACH STATE TO CREATE AWARENESS ABOUT THE ACJL ASSESSED WITH REFERENCE TO: • CONDUCT OF STAKEHOLDERS’ SESITIZATION MEETING/WORKSHOP(S); • EDUCATION OR SENSITIZATION OF THE PUBLIC • TRAINING OF CRIMINAL JUSTICE OPERATIVES • NEEDS ASSESSMENT OF THE IMPLEMENTING AGENCIES FOR EFFECTIVE USE OF THE LAW

11. Provision in the ACJL for the establishment of Criminal Records Registry to collect data from the various police stations and other arresting agencies in the State. EXISTENCE OF CRIMINAL RECORDS REGISTRY IN THE STATE? Does the Criminal Records Registry Exist? What form of data collection? Manual or Electronic? Whether the Criminal Records Registry remit records of arrests made in the State to the Attorney-General of the state?

12. AVAILABILITY OF CRIMINAL JUSTICE DATA OR STATISTICS • THE ACJA/ACJL PRESUPPOSSES THAT EVERY STATE POSSESSES BASIC DATA ON CRIMINAL JUSTICE SUCH AS: • RECORD OF ARRESTS; • RECORD OF PREVALENT OFFENCES; • RECORD OF CONVICTIONS; ETC

13. USE OF TECHNOLOGY IN THE CRIMINAL JUSTICE SYSTEM ASSESSED WITH REFERENCE TO: • USE BY THE POLICE OF E-RECORDING OF STATEMENTS OF SUSPECTS? • AVAILABAILITY OF RECORDING FACILITIES: E.G. DEDICATED STATEMENT TAKING ROOMS EQUIPPED WITH VIDEO RECORDER? CCTV CAMERA? SMART PHONES? • OR ANY OTHER RECORDING GADGET?

14. ABOLITION OF LAY PROSECUTION? THE ACJA REQUIRES THAT LAY PEOSECUTION SHOULD BE ABOLISHED IN ALL STATES OF THE FEDERATION. ONLY A FEW STATES HAVE ABOLISHED LAY PROSECUTION. THESE INCLUDE: DELTA STATE;

15. MEASURES TO CONTROL QUALITY OF LAY PROSECUTION WHERE LAY PROSECUTION IS STILL BEING PRACTICED, STATES ARE REQUIRED TO DEVELOP QUALITY CONTROL MEASURES SUCH AS: • OVERSIGHT MECHANISMS OF THE LAY PROSECUTORS; • REGULAR TRAINING OF LAY PROSECUTORS; • GUIDELINES FOR LAY PROSECUTORS;

16. CRIMINAL JUSTICE CASEFLOW Assessed with reference to: • Movement of casefile from the Police to the DPP for Advice- • How long does it take for the DPP to issue legal advice to the Police- • What forum exists for the DPP and the Police to coordinate their work? • Whether the police seek guidance form the DPP’s office during investigation of complex or major cases?

17. CRIMINAL JUSTICE CASEFLOW (contd.) • Length of time it takes for a case to be assigned to a court after filing. The ACJA standard is not more than three days. • The caseload of legal officers in your state? • Accountability by legal officers. How are they monitored? Any incentives? Any sanctions? Training opportunities? • What facilities are available for them to do their work?

18. ACCESS TO LEGAL AID BY INDIGENTS ASSESSED WITH REFERENCE TO: • NUMBER OF LEGAL AID OFFICERS AVAILABLE; • NUMBER OF INDIGENT DEFENDANTS PROVIDED LEGAL ADVICE AT THE POLICE STATIONS; • NUMBER OF INDIGENT DEFENDANTS PROVIDED LEGAL AID IN COURT?

19. ACCOUNTABILITY FOR AWAITING TRIAL PERSONS WHAT DATA IS AVAILABLE ON ATPS? EFFORTS TO DECONGEST THE CORRECTIONAL FACILITIES? WHETHER THE NIGERIAN CORRECTIONAL SERVICE IN YOUR STATE REMIT QUARTERLY REPORTS OF PERSONS AWAITING TRIAL FOR MORE THAN 180 DAYS TO THE ATTORNEY- GENERAL, THE CHIEF JUDGE, THE LEGAL AID COUNCIL, THE NHRC, THE NBA?

20. NATIONAL MINIMUM STANDARDS WITH RESPECT TO CRIMINAL TRIALS ASSESSED WITH REFERENCE TO: AVERAGE DURATION OF CRIMINAL TRIALS IN MAGISTRATE COURT; HIGH COURT? PROVISION IN THE ACJL FOR USE OF E-RECORDING FACILITIES TO EXPEDITE TRIALS? USE OF E-RECORDING FACILITIES BY COURTS? DO JUDGES WRITE PROCEEDINGS IN LONG HAND?

21. NATIONAL MINIMUM STANDARDS WITH RESPECT TO CRIMINAL TRIALS (Contd.) LEGAL PROVISIONS FOR WITNESS PROTECTION; ACTUAL PROTECTION MEASURES OR FACILITIES; PAYMENT OF WITNESS EXPENSES; PRACTICE OF EFFECTIVE CASE-MANAGEMENT (DAY-TO-DAY TRIAL OF CASES).

22. NATIONAL MINIMUM STANDARDS WITH RESPECT TO CRIMINAL TRIALS (Contd.) WHETHER COURTS RULE ON OBJECTIONS WHEN THEY ARE MOVED OR DEFER RULING TILL THE TIME OF JUDGMENT IN THE SUBSTANTIVE MATTER. USE OF STAY OF PROCEEDINGS IN CRIMINAL CASES

23. POST TRIAL ISSUES EXISTENCE OF FORMAL STRUCTUR ES OR DESIGNAT ED PERSONNE L TO ADMINISTE R: ACJL PROVISIO NS FOR NON- CUSTODI AL SENTENC ES; COMM UNITY SERVIC E ORDER S; SUSPEND ED SENTENC ES; PROBATI ON REHA BILITA TION;

24. EXISTENCE OF COMPLIMENTARY RULES OR REGULATIONS TO ADMININSTRATION OF CRIMINAL JUSTICE ACJL RULES; SENTENCING GUIDELINES; PLEA BARGAINING GUIDELINES; ANY OTHER COMPLIMENTARY POLICY OR RULES TO AID CRIMINAL JUSTICE DELIVERY

25. EXISTENCE OF MONITORING BODY THIS IS ASSESSED WITH REFERENCE TO: • ACJL PROVISIONS FOR A BODY TO COORDINATE THE ACTIVITIES OF THE VARIOUS CRIMINAL JUSTICE INSTITUTIONS • EXISTENCE OF SUCH A BODY WITH A SECRETARIAT OR DESK; • PROVISION OF FUNDING FOR THE BODY; • CREATION OF A WORK PLAN OR PROGRAMMATIC ACTION PLAN OR ROAD MAP; SUBCOMITTEES; • EVIDENCE OF CO-ORDINATION SUCH AS SUBMISSION OF QUARTERLY REPORTS TO THE CHIEF JUDGE;

26. WORKLOAD OF COURTS & STATE OF PHYSICAL FACILITIES FOR JUSTICE ADMINISTRATION • ADEQUACY OF JUDICIAL OFFICERS AND SUPPORT STAFF/ • WORKLOAD OF LOWER COURTS; • WORKLOAD OF HIGH COURT JUDGES; • ADEQUACY OF COURT ROOMS; • STATE OF OFFICES; TOILET FACILITIES AND VEHICLES

27. FUNDING & BUDGETARY ISSUES • BUDGETARY PROVISION FOR JUDGES, MAGISTRATES AND SUPPORT STAFF? 1 • BUDGET APPROVED AND PERCENTAGE RELEASED IN THE LAST THREE YEARS. 2

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