Benue State University, Makurdi

Trial Within a Reasonable Time Under Nigerian Law: A Legal Myth or Reality?

Shima, V.A.* and Bem Aboho**

Abstract

Nigerian justice system is aimed at quick dispensation of justice. To this end, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the Constitution), provides that the determination of cases should be done within a reasonable time and further that the delivery of judgment shall not be later than ninety (90) days after the conclusion of evidence and final addresses, among other such provisions. The main objective of the Administration of Criminal Justice Act, 2015 (ACJA) is to engender speedy trial. The ACJA further provides for electronic recording of confessional statements in section 15 (4), issuance of legal advice within fourteen days, among other provisions. The Criminal Procedure Act, 2004 (CPA) and Criminal Procedure Code, 2004 (CPC) provide for summary trial among other provisions. In spite of the above, justice delivery in Nigeria is marred with avoidable delays. In fact, in the very cases where the courts appeared to deprecate or chide protracted litigations, same cases lasted for five, seven or even up to fourteen years. This article is driven by the desire to find out why delay is still experienced in administration of justice despite the extant state of the law .In doing so, the article adopted the doctrinal method of research in which reliance was placed primarily on the Constitution, the CPA, CPC, the ACJA as well as judicial authorities. Reliance was also placed on secondary sources of information such as opinions of eminent scholars expressed in books and journals. It was found that trial within a reasonable time under Nigerian law is a legal myth due to the activities of all the players in the administration of justice, to wit: the parties to the cases, witnesses to parties, lawyers, the courts as the arbiter as well as the government. It was particularly found that there is delay arising from inadequate funding of the judiciary, incessant applications for adjournments, non-domestication of the ACJA by many states, et cetera. It is advocated that Government should ensure that the judiciary is adequately funded, and that courts should sparingly grant adjournments. It is further advocated that the ACJA should, as a matter of urgency, be domesticated by states yet to do so, among others.

DOWNLOAD COMPLETE ARTICLE HERE (CLICK)