PREPARED BY: HUMAN DEVELOPMENT INITIATIVES 
IMPLEMENTATION RESPONSIBILITIES OF PUBLIC OFFICERS UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015
S/N	AGENCY/OFFICE	RESPONSIBILITIES	SECTION	REMARKS	
1	ATTORNEY GENERAL OF THE FEDERATION	•	Receive from the IGP quarterly a record of all arrests made with or without warrant in relation to federal offences in Nigeria.

•	Establish an electronic and manual database of all records of arrests at the Federal and State level.

•	Receive reports and advice from the Criminal Justice Monitoring Committee as to the trends of arrests, bail and related matters.

•	Make available to the National Human Rights Commission, the Legal Aid Council of Nigeria or a Non-Governmental Organization report of particulars of suspects arrested.

•	Prefer information in any court in respect of an offence created by an Act of the National Assembly or authorize another person to exercise all the powers conferred on him.

•	Issue legal advice or directive to the Police or any law enforcement agency in respect of any offence created by the Act of the National Assembly. 

•	The AGF or a Law Officer in his Ministry or Department or a legal practitioner authorized by him or under this Act shall prosecute all offences under this Act.

•	Discontinue criminal proceedings against a suspect either by stating in court or informing the court in writing of his intention.

•	Request the Court to cancel the bail of a defendant or require increased bail sum where necessary.

•	The AGF shall in all cases copy his legal advice to the Court and the Court may act only on the copy of advice before it.

•	On receipt of case files from the Police of cases where the Magistrate Court has no jurisdiction he shall issue and serve his legal advice indicating whether a case exists against the defendant within 14 days.

•	On receipt of an application for consent to prosecute submitted by a private legal practitioner give his reasons for declining to grant the application within 15 working days.

•	Communicate the decision of the President where pardon or reprieve is granted a convict to the Judge who presided over a trial.

•	Member of the Administration of Criminal Justice Monitoring Committee. 

•	Appoint the Secretary for the Secretariat of the Administration of Criminal Justice Monitoring Committee.

•	The Administration of Criminal Justice Monitoring Committee budgetary allocation shall be paid through the AGF’s office.

•	Receive from the Administration of Criminal Justice Monitoring Committee Secretary not later than 30th September of each year an estimate of the Committee’s expenditure and income for next financial year.
	Sec 29(1)

Sec 29(5)

Sec 33(3)

Sec 33(4)

Sec 104

Sec 105

Sec 106

Sec 107

Sec 169

Sec 297(1)

Sec 376

Sec 383(2)

Sec 412

Sec 469(2)(b)

Sec 471(2)

Sec 472(1)

Sec 473(1)	Time bound-quarterly

No timeline provided

Law does not specify how often

No timeline provided

This is line with power under Sec 174(1)(c) 1999 Constitution.

Solely based on AG’s opinion. Too open ended

Time bound-14 days

Time bound- 15 working days

Time bound-No later than 30th September of each year.	
2	POLICE

INSPECTOR GENERAL OF POLICE

FCT/
STATE COMMISSIONER OF POLICE

POLICE GENERALLY

•	Establishment of a Central Criminal Records Registry 

•	Establishment at every State/FCT Police Command a Criminal Records Registry which shall keep and transmit all records including Court decisions in all criminal trials to the Central Criminal Records Registry within 30 days of judgment.

•	 Remit quarterly to the AGF a record of all arrests made with or without warrant in relation to federal offences in Nigeria.

•	Member of the Administration of Criminal Justice Monitoring Committee

•	Remit court decisions in all criminal trails to the Central Criminal Records Registry within 30 days of judgment.

•	Remit quarterly to the AG of the State a record of all arrests made with or without warrant in relation to State offences or arrests within the State.

•	Ensure one or more armed policemen are posted to provide security during criminal trials.

•	Receive from the Court Registrar two copies of certificate issued by the Judge where death sentence is pronounced on the convict. He shall retain one copy and hand over the other to the Superintendent or officer in charge of the prison where convict is confined.

•	 Notify an arrested suspect of the cause of arrest and his rights including the right to free legal representation by the Legal Aid Council of Nigeria. Arrest of a person in place of a suspect is prohibited. 

•	A suspect shall be treated humanely while in custody. Also the suspect shall be brought before the Court in the manner prescribed under this Act or any other written Law or otherwise released conditionally or unconditionally. 

•	A suspect must be searched decently and by an officer of same sex unless the urgency of the situation makes it impracticable.

•	Record inventory of the property of the arrested suspect which must be duly signed by the officer and suspect, and a copy given to the suspect or his legal practitioner. Failure of the suspect to sign does not invalidate the inventory.

•	Request a qualified medical practitioner or certified professional to carry out examination of a suspect where there are reasonable grounds to believe a suspect needs to be examined to ascertain certain facts or disclose some evidence.

•	A Suspect arrested with or without warrant must be taken immediately to a police station and promptly informed of the allegation against him in the language he understands, given reasonable facilities to obtain legal advice and access to post bail or make arrangements for his defence or release.

•	The process of recording a suspect’s confessional statement shall be concluded within a reasonable time of arrest not exceeding 48 hours in the prescribed form. 

•	A suspect’s statement is to be taken in the presence of a Legal Practitioner of his choice or an officer of the Legal Aid Council or official of a Civil Society Organization or Justice of the Peace or any person of his choice.

•	Keep a Register of arrests in the prescribed form at every police station and every arrest entered accordingly by the Officer in charge as soon as suspect is brought to the Station.

•	May release on bail a suspect arrested without warrant for an offence not punishable with death where it is not practicable to bring the suspect before a court having jurisdiction within 24 hours.

•	 Where the suspect is arrested for a capital offence, he shall be detained in custody and the police officer may refer the matter to the AGF for legal advice and cause the suspect to be taken to court within a reasonable time.

•	 Submit monthly reports of all suspects arrested without warrants whether or not they have been admitted to bail to the nearest Magistrate.

•	 Criminal charge shall be filed and tried in the division where the alleged offence was committed unless it can be shown that is convenient to do otherwise for security reasons.

•	 A complaint whether given in writing or orally shall be entered into the Police Diary and read to the complainant. 

•	 A suspect arrested for an offence which a Magistrate Court has no jurisdiction to try shall within a reasonable time be brought before a Magistrate Court for remand in the prescribed format.

•	 After investigation, where the Magistrate Court has no jurisdiction to try an offence against a suspect, the police shall submit the original case file to the AGF’s office.	

Sec 16(1)

Sec 16(2)

Sec 29(1)

Sec 469(2)(d)

Sec 16(3)

Sec 29(2)

Sec 93(3)

Sec 408

Sec 3-7

Sec 8

Sec 9

Sec 10

Sec 11

Sec 14

Sec 15

Sec 17

Sec 29(4)

Sec 30(1)

Sec 30(3)

Sec 33(1)

Sec 93(2)

Sec 112

Sec 293

Sec 376(1)

Initiative to be led by the IGP

Initiative to be led by the IGP

Time bound- Every 3 months

Time bound-30 days

Time bound-Every 3 months

No time limit

Procedure

Procedure

Procedure

Procedure

Procedure

In line with Sec 35(2)&(3) 1999 Constitution

Time bound- 48 hours

Procedure

Procedure

In line with Sec 35 1999 Constitution- provision on bail

Reasonable time

Time bound-30 days

Procedure

Procedure

Reasonable time

Procedure	
3	LEGAL AID COUNCIL	•	Provide free legal representation for a suspect where applicable.

•	Request report of particulars of suspects arrested from the AGF.

•	Director-General of Legal Aid Council shall be a Member of the Administration of Criminal Justice Monitoring Committee

	Sec 6(c)

Sec 33(4)

Sec 469(2)(h)		
4	JUDICIARY

CHIEF JUDGE

PRESIDENT OF THE NATIONAL INDUSTRIAL COURT

JUDGE

MAGISTRATE

REGISTRAR

CHIEF REGISTRAR

REGISTRAR	

•	Designate a Magistrate or Chief Magistrate to inspect police stations or detention centers to inspect record of arrests. 

•	Transfer a case from one court to another in the interest of public peace or where it will promote the ends of justice. 

•	Where decision to transfer is as a result of a petition, set up an independent body of not more than 3 reputable lawyers to investigate within one week of receipt of petition and submit a report within 2 weeks.

•	Receive quarterly returns of all cases, charges, remands and all other proceedings from Courts with criminal jurisdiction

•	Review the quarterly returns from courts with the need to ensure court congestion is reduced, congestion of prisons is reduced and cases are dealt with speedily.

•	The Chief Judge FHC, Chief Judge FCT and Chief Judge of a State shall receive every 90 days from the Comptroller-General of Prisons returns of all persons awaiting trial held in Nigeria prisons beyond 180 days from date of arraignment

•	Chief Judge of the FCT shall be the Chairman of the Administration of Criminal Justice Monitoring Committee.

•	May make regulations for the licensing of corporate bodies to act as bondspersons within the Court jurisdiction and may withdraw registration of licensed bondsperson for contravention of terms of licence.

•	Assign Process Servers to Courts with criminal jurisdiction with the responsibility of effecting efficient service of Court processes.  Reputable courier companies may also be assigned as Process servers.

•	May authorize registered reputable courier companies to serve court processes.

•	Assign a matter to a Court for trial within 15 working days of its filing.

•	Chief Judge of the Federal High Court or of the High Court of the FCT shall jointly review periodically with the President of the National Industrial Court provisions on fines, compensations or other sums prescribed under this Act.

•	Establish in every judicial division a Community Service Centre headed by a Registrar responsible for overseeing the execution of community service orders made in that Division. 

•	Jointly review periodically with the Chief Judge of the Federal High Court or of the High Court of the FCT provisions on fines, compensations or other sums prescribed under this Act.

•	Receive every 90 days from the Comptroller-General of Prisons returns of all persons awaiting trial held in Nigeria prisons beyond 180 days from date of arraignment

•	Arrest by himself or order the arrest of a suspect within the division in which he or she sits. 

•	Submit quarterly returns of all cases, charges, remands and all other criminal proceedings in his court to the Chief Judge.

•	In a proceeding, receive evidence by video link, permit victim or witness to be screened or masked where it is necessary to protect the victim or witness’ identity.

•	May in his discretion order the payment of a reasonable sum by the Registrar of the Court to cover a witness’ expenses from the relevant vote appropriated by the Judiciary.

•	Where necessary, order medical examination of the defendant’s mental state during trial.

•	Court proceedings may be recorded electronically and verbatim with a transcript of recordings printed and authenticated by presiding Judge.

•	Within 10 days issue notice of trial to the defendants and witnesses and a production warrant in respect of defendant in custody.

•	May make recommendation to the Minister of Interior that a defendant convicted of an offence punishable by imprisonment without option of fine should in addition be deported in the interest of peace and order.

•	A Judge of the Federal High Court shall be a member of the Administration of Criminal Justice Monitoring Committee.

•	Arrest by himself or order the arrest of a suspect within the division in which he or she sits.

•	 Order the production of a suspect detained for a non-capital offence who is not released on bail after 24 hours and after inquiry where necessary admit the suspect to bail.

•	Receive monthly reports of all suspects arrested without warrants whether or not they have been admitted to bail from the Police or Agency authorized to make arrests and forward same to the Administration of Criminal Justice Monitoring Committee.

•	Forward a report to the Chief Judge of the State and the AG State for appropriate remedial action where monthly report is not submitted.

•	Inspect police stations or detention centers other than prisons at least every month to inspect records of arrest, direct arraignment of a suspect and grant bail where appropriate.  

•	Submit quarterly returns of all cases, charges, remands and all other criminal proceedings in his court to the Chief Judge.

•	Remand a suspect in custody where the Court is satisfied that there is probable cause to do so pending receipt of legal advice from the AGF and arraignment of the suspect.

•	Power to remand not more than 14 days in the first instance. Where good cause is shown for extension of the remand period, an order for further remand for not more than 14 days may be made after which on application by suspect, bail may be granted.

•	Issue a hearing notice on the IGP, AGF, State/FCT Commissioner of Police or any authority in whose custody suspect is remanded at the expiration of the remand order where the suspect’s trial has not commenced and adjourn the matter for not more than 14 days inquiring as to the position of the case and to show cause why suspect should not be unconditionally released. 

•	Extend the remand of the suspect for a final period not exceeding 14 days where the IGP or AGF shows good cause why the suspect should not be unconditionally released.

•	Court proceedings may be recorded electronically and verbatim with a transcript of recordings printed and authenticated by presiding Magistrate.

•	Within 10 days issue notice of trial to the defendants and witnesses and a production warrant in respect of defendant in custody.

•	May make recommendation to the Minister of Interior that a defendant convicted of an offence punishable by imprisonment without option of fine should in addition be deported in the interest of peace and order.

•	Process and pay witnesses in a trial out of the relevant vote appropriated by the Judiciary on the order of the Judge.

•	Within 14 days notify the defendant of the legal representation arranged for him where the defendant indicates he wishes to be represented by a Legal Practitioner of the Legal Aid Council.

•	Forward the form completed by the defendant requesting legal representation from the Legal Aid Council to the DG of the Legal Aid Council or nearest Legal Aid Council to the Court.

•	A Registrar shall head the Community Service Centre established by the Chief Judge with the responsibility of overseeing execution of Community Service orders.

•	A Court Registrar shall hand two copies of the Certificate issued by the Judge that death sentence has been pronounced on the convict to the Commissioner of Police, transmit a copy to the Sheriff and file a copy of the certificate with record of court proceedings.

Sec 34

Sec 98(1)

Sec 98(3) &(4)

Sec 110(5)

Sec 110(6)

Sec 111

Sec 469(2)(a)

Sec 187

Sec 241

Sec 242(4)

Sec 382(1)

Sec 423

Sec 461

Sec 423

Sec 111

Sec 24-25

Sec 110(5)

Sec 232(3)(a)

Sec 252-254

Sec 278

Sec 364(1)

Sec 382(2)

Sec 440

Sec 469(2)(c)

Sec 24-25

Sec 32

Sec 33(1)

Sec 33(5)

Sec 34

Sec 110(5)

Sec 294

Sec 296(1)-(3)

Sec 296(4)

Sec 296(5)

Sec 364(1)

Sec 382(2)

Sec 440

Sec 252-254

Sec 376(10)

Sec 376(11)

Sec 461(1)

Sec 408(a)	

CJ to provide administrative oversight and ensure monthly visits

Time bound- 1 week/ 2 weeks

Time bound- Every 3 months

Time bound- Every 3 months. Publication of findings is important.

Time bound-Every 3 months

No timeline

Time bound-15 days

No timeline

Periodic review

Time bound-Every 3 months

Time bound-Every 3 months

Time bound-10 days

Sec 20 Immigration Act 

Nominated by the Chief Judge Federal High Court

Sec 35 1999 Constitution-provision on bail. 

Time bound-1 month

Redundant provision because FCT Magistrate to which ACJA 2015 applies have no jurisdiction beyond FCT

Applicable only in FCT 

Time bound-30 days

Time bound-10 days

Sec 20-21 Immigration Act  LFN 2004

Time bound- 14 days

No time limit

Registrar to be appointed by the Chief Judge

As soon as practicable	
5	COMMITTEE ON PREROGATIVE OF MERCY

ADMINISTRATION OF CRIMINAL JUSTICE MONITORING COMMITTEE

SECRETARY OF THE ACJ MONITORING COMMITTEE
	•	Consider the case of a convict sentenced to death who desires to have his case considered and make their report to the Council of State which shall advise the President.

•	Power to consider all quarterly returns submitted to the Chief Judge for the purpose of ensuring cases are disposed of expeditiously.

•	Committee members are; CJ of the FCT as Chairman, AGF, a Judge of the Federal High Court, IGP, Comptroller General of the Nigeria Prisons Service, Executive Secretary of the National Human Rights Commission, Director General Legal Aid Council, any NBA branch Chairman in the FCT to serve for two years and representative of the Civil Society working on human rights and access to justice or women’s rights to serve for two years.

•	Ensure criminal matters are dealt with speedily, court decongestion, cordial relationship and maximum cooperation between organs responsible for administration of justice in Nigeria, collation, analysis and publication of information relating to administration of criminal justice sector and submission of quarterly report to the Chief Justice of Nigeria on developments towards improved criminal justice delivery and for necessary action.

•	Establishment of a secretariat for the Committee headed by a Secretary appointed by the AGF on the Committee’s recommendation.

•	Recommend a Secretary to be appointed by the AGF to head the Committee’s Secretariat.

•	Establishment of a fund for the Committee into which the budgetary allocation to it would be paid through the AGF’s office. Other monies provided to the Committee by way of grant, support or assistance by local or international organizations are to be paid into the fund.

•	Annual report of the Committee’s activities shall be prepared and published.

•	Have right of access to all records of the organs in the administration of justice sector and may in writing request a person in charge of the organs to furnish the Committee with information within a stipulated time.

•	Committee may make standing orders regulating its proceedings. 

•	Subject to the Committee’s standing order, the Committee shall meet at least once a quarter and the quorum at the meeting shall consist of the Chairman or his representative and two other Committee members.

•	The Secretary shall be appointed by the AGF on the recommendation of the Committee.

•	Shall be a legal practitioner of not less than 10 years post call experience and possesses knowledge of practical functioning of the criminal justice system and experience in justice system administration. 

•	Execute the Committee’s policy and responsible for day-to-day running of the Committee’s affairs.

•	Hold office for 4 years and subject to satisfactory performance; be re-appointed for another 4-year term and no more.

•	Shall be Accounting Officer controlling and disbursing monies from the fund established for the Committee. 

•	Submit to the AGF not later than 30th September of each year an estimate of the Committee’s expenditure and income for next financial year

•	Keep proper accounts and records for each financial year and have Committee’s account audited not later than two months before end of each financial year.
	Sec 409

Sec 110(7)

Sec 469

Sec 470(2)

Sec 471(1)

Sec 471(2)

Sec 472(1)

Sec 474

Sec 475

Sec 476(1)

Sec 476(2) & (3)

Sec 471(2)

Sec 471(3)

Sec 471(4)

Sec 471(5)

Sec 472(2)

Sec 473(1)

Sec 473(2)

	

Time bound- Every 3 months

Time bound

Time bound	
6	NATIONAL HUMAN RIGHTS COMMISSION	•	The National Human Rights Commission shall have access to the quarterly returns of cases made to the Chief Judge on request to the Chief Judge.

•	The Executive Secretary of the National Human Rights Commission shall be a member of the Administration of Criminal Justice Monitoring Committee.
	Sec 110(7)

Sec 469(2(f)		
7	PRISONS	•	The Controller-General of Prisons shall submit returns in the prescribed form every 90 days to the Chief Judge of the Federal High Court, Chief Judge of the FCT, President of the National Industrial Court, the Chief Judge of the State where the prison is situated and to the AGF of all persons awaiting trial held in custody in Nigeria for more than 180 days from date of arraignment.

•	 The Supervising officer of a female convict shall be female.

•	 The Comptroller General of Prisons may recommend a prisoner’s release to the Court before completion of his sentence.

•	A prisoner released on the Comptroller General’s recommendation shall undergo a rehabilitation programme in a government facility which the Comptroller General shall make adequate arrangement and budgetary provision for.	Sec 111

Sec 466(5)

Sec 468(1)

Sec 468(2)	Time bound- Every 3 months	
8	RESTITUTION	•	In delivering its judgment the Court may award to a victim commensurate compensation by the defendant or any other person.

•	The court may within the proceedings or while passing judgment order the defendant or convict to pay a sum of money as compensation to the victim.

•	 The court in addition to or in lieu of any other penalty may order the convict to make restitution or pay compensation to the victim of the crime.

•	The court may order a person who wrongly causes the arrest and charge of a defendant or where the accusation is vexatious or frivolous to pay compensation to the defendant.

•	A person to whom compensation is awarded may refuse the compensation but where he accepts or where the convict having been ordered to pay suffers imprisonment for non payment, the receipt of the compensation or imprisonment acts as a bar for further action for same injury.

•	Compensation ordered to be paid in criminal proceeding may be enforced as if it were a fine

•	Recognizes restitution with the objective of compensating the victim or family of the victim of the offence.	Sec 314(1)

Sec 319

Sec 321

Sec 323(1)

Sec 324

Sec 325

Sec 401(g)		
9	FEDERAL GOVERNMENT	•	Establish a Rehabilitation and Correctional Centre where defendants convicted of an offence triable summarily may be sentenced and sent to in lieu of imprisonment.

•	Set up the Committee on Prerogative of Mercy

	Sec 467

Sec 409(1)	

Need to set up the Committee if it does not exist.	
9	FACILITIES/STRUCTURES REQUIRED	•	Adequate communication facilities for Police to notify families of detained suspects

•	Retrievable video compact disc or any audio visual recording equipment in all courts

•	Central Criminal Records Registry

•	Criminal Records Registry in every State/FCT Police Command

•	Register of arrests at all Police Stations

•	Electronic and Manual database of all records of arrest at Federal and State level.

•	Police diaries to record oral complaints in all Police Stations.

•	IT facilities to aid taking of evidence via video link.

•	Voice recorders for recording court proceedings.

•	Functional Community Service Centre in every Judicial Division

•	Rehabilitation and Correctional Centers.

•	Secretariat for the Administration of Criminal Justice Monitoring Committee	Sec 6

Sec 15(4)

Sec 16(1)

Sec 16(2)

Sec 29(4)

Sec 29(5)

Sec 112

Sec 232

Sec 364(1)

Sec 461

Sec 467

Sec 471(1)