By Godwin Otang
The Chief Judge of Cross River State, Hon. Justice Akon Ikpeme has charged the Police and other law enforcement agencies in the State to adhere to the provisions of the Administration of Criminal Justice Law (ACJL) 2016, law of Cross River State in the discharge of their duties.
Justice Ikpeme gave the charge in Calabar while delivering a lecture on ‘understanding the Cross River State Administration of Criminal Justice Law (ACJL) 2016 and Its applicability’.
The lecture by Justice ikpeme came at a one-day workshop organized by the Administration of Criminal Justice Monitoring Committee (ACJMC), Cross River State branch in partnership with Human Rights Law Service with support from Misereor in Calabar, Cross River State, was geared to sensitize Magistrates, Police Officers, the Nigerian Correctional Service (NCoS); Nigerian Security and Civil Defence Corps (NSCDC), Civic Society Organizations (CSOs) and among others, on their role under the law in ensuring full implementation of the ACJL 2016 in the State.
Justice Ikpeme emphasized that: “There have been arguments as to whether you should arrest before investigation or you investigate before you arrest: every fact depends on the unique circumstances in that case if someone commits an offense in your presence as a law enforcement officer, you can arrest before investigation follows.
“But the preferred procedure is to investigate and know whether that person from your investigation is linked to the offense, then you can arrest. If a report is made, you should investigate it first to see whether, from your investigation, some linkages are the right time to arrest that person.”
She added that “I can not overemphasize the importance of understanding the ACJL. We have moved from the era of Criminal Procedure Law (CPL) to the current law which is the Administration of Criminal Justice Law. It is a deliberate shift in the underlying philosophy of criminal justice administration from punishment or sanction to restorative justice and protection of the larger society.”
Commenting on the remand proceedings provision of the ACJL 2016 law of Cross River State, the Secretary of the Administration of the Criminal Justice Monitoring Committee (ACJMC) in Cross River State- Barrister James Ibor explained the benefits of the new Remand Proceedings to the ACJL.
“Before now, we were under the regime of ‘Holding Charge’ which was against the grand norm with section 35 of the 1999 constitution (as amended), but it’s being practiced; there was manifest injustice in many cases. A lot of persons were arrested, arraigned, and remanded in police custody in line with the holding charge procedure, which provisions were found in the Criminal Procedure Law and awaiting trial for offenses liable for three years imprisonment, but they will await trial for 10 years and many of them were forgotten.
“So, to stop that, the ACJL has under the remand Proceeding provisions empowered magistrates to review the investigation activities of the police and determine at any time if a suspect is entitled to bail or not, even when they (the magistrates) do not have jurisdiction.
“The advantage is that there will be justice in 3-way traffic; justice for the victim and survivor of a crime, Justice for the community, and Justice for the defendant. Even the defendant, in this case, deserves justice. Not to detain a suspect for 10 years for an offense liable for 3 years of imprisonment.”
Highpoint of the event were questions and answer session, contributions, and among others.
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