REPORT.....

REPORT ON A 2 DAY WORKSHOP BY JURITURST CENTRE ON PRE-TRIAL ISSUES AND THE EFFECTIVE IMPLEMENTATION OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT FOR FCT MAGISTRATES HELD ON 21-22, JUNE, 2021 AT THE AYALLA HOTEL, AREA 11, GARKI, ABUJA-FCT

The Juritrust Centre for Socio-Legal Research and Documentation (Juritrust) with the support of John D. and Catherine J. Mac Arthur Foundation organised a 2 day Workshops for Magistrates and prosecutors on the Administration of Criminal Justice Act (ACJA), 2015 and complimentary Anti-Corruption Law.

It was the first in the series involving 12 states across the country including the FCT. The Workshop was organised to improve competences of Magistrates on implementation of pre-trial issues in the Administration of Criminal Justice Act and complimentary anti-corruption laws, ensure consistency in judicial decision on matters relating to the ACJA and complimentary anti-corruption laws and enhance efficiency and success in trial of corruption cases by the anti-graft agencies.

The Workshop was flagged off by the Chief Judge of the FCT Hon. Justice Salisu Garba who in his address harped on the importance of capacity building in the seamless implementation of the ACJA. The theme for the  2-day Workshop was ‘Pre-Trial Issues and the Effective Implementation of the Administration of Criminal Justice Act for FCT Magistrates’ and it held on 21-2 June, 2021 at Ayalla Hotel, Areal 11, Garki, Abuja.

The participants at the Workshop were composed of Magistrates of the FCT; prosecutors from the Federal Ministry of Justice; Police Officers from the Nigeria Police Force, FCT Command; and members of the Nigerian Bar Association across the three branches in the FCT which include Abuja, Bwari and Gwagwalada. The Workshop featured a pre-evaluation exercise administered before commencement in order to measure the understanding of the issues by participants prior to the Workshop.  Paper presentations, group discussions and group exercises were different segments of the Workshop. The papers presented on the first day of the Workshop dwelt on the several topics including:

1. Visit to detention centres under section 34 of the ACJA, 2015 presented by Bayo Akinlade Esq (Former NBA Chairman, Ikorodu Branch).
2. Wrongful Arrest and Detention presented by J. S. Okutepa, SAN
3. Arrest and Interrogation: Arrest in lieu, confessionals and the Anti-Torture Acts 2017 presented by Angela Uwandu (ASF)
4. Arrest and Interrogation presented by Mr David Igbodo (Assistant Inspector General of Police (RTD)).

The first day events culminated in a group discussion amongst the participants on visit to detention facilities and arrest in lieu. The following were elicited from the participating magistrates:

• Some DPO in FCT bring record of arrest to magistrates, eg Life Camp Police Station;
• Magistrates in FCT conduct unscheduled visits to police station to inspect detention facilities;
• The level of cooperation by the police vary from station to station;
• Some police stations have different exits and would take some detainees through these different exits when they discover that there are visiting magistrates;
• There are instances where claims of arrest in lieu are not true by the suspects;
• Issues of arrest in lieu ought to be properly scrutinized by the magistrates

The second day further saw paper presentations which centred on the following topics:

1. Remand Procedure under ACJA, Rationale, Operating Procedure & Timelines presented by prof. Akinseye George, SAN
2. Towards expedited arraignment: issues in prosecution and police procedures presented by mr. Okike Ajanwachukwu

The first presentation featured a discussion session by Mrs Sharon Tanko-Ishaya, Director of Magistrate, FCT and Mr. Suleyman Dawodu, Secretary, ACJMC. This was followed by group exercise meant to access the appreciation of the Workshop by the participants. In this wise, the Participants were divided into three (3) groups with scenarios related to the topics treated in the different papers presented. They analysed the scenarios and proffered answers to the questions raised by the scenarios. The session ended with group discussion on arraignment. The participants thereafter completed a Post Workshop Evaluation.

From the group discussions, group exercises and the evaluations (pre and post), the Workshop turned out favourable appreciation of some engaging Pre-Trial Issues in the ACJA by the participants. These issues include:

• Arrest and Detention: what constitutes proper or wrongful arrest and detention; remedies available to victims of wrongful arrest and detention, judicial orders to be made in such cases and impacts on judicial process.
• Arrest and Interrogation: what amounts to arrest in lieu, need to properly scrutinize claims of arrest in lieu; how interrogation of suspects are to be taken, needs to comply with the law in the process, modes of obtaining confession from suspects and the requirements of the Anti-Torture Act, 2017.
• Visit to detention centres under section 34 of the ACJA: right of magistrate to conduct unscheduled visits, power to make orders in the course of the visit, disciplinary measures against obstructing police officer; constraints in carrying out the visit, examination of the Lagos state model.
• Appraisal of Remand Procedure under the ACJA: what magistrates must expect before the remand order, remand can only be granted on disclosure of reasonable grounds, not mandatory to grant 14 days remand where time can be abridged; the Automatic Recall Mechanism in the ACJA for magistrates to employ after 14 days of first remand, timeline for issuance of legal advice.
• Through group activities, what constitutes proper arraignment, bail processes, conditions and perfection of bail were highlighted from the lectures.