BACKGROUND:
The criminal justice system of Benue State hitherto was marred with irregularities by way of delays in the dispensation of justice, thus occasioning a denial of justice for women and marginalized groups whose rights have been violated.
Tuesday, the 28th day of May 2019, heralds the birth of the Administration of Criminal Justice Law, 2019, Benue State, a law whose purpose is to ensure that the system of administration of criminal justice in Benue State promotes efficient management of criminal justice institutions, speedy dispensation of justice, and protection of society from crime and protection of the rights and interests of the suspects, the defendant, and the victim. The law was widely celebrated as the magic bullet of criminal litigation.
Conspicuous in the Law is the provision of an Administration of Criminal Justice Monitoring Committee, whose primary function is to ensure strict compliance and implementation of the provisions of the law.
Flowing from a series of engagements with the Chief Judge of Benue State on the need to monitor the level of compliance with the Administration of Criminal Justice Law of Benue State, Lawyers Alert, was on the 9th day of June 2022, inaugurated as a member of the monitoring committee for effective implementation of the provisions of the Administration of Criminal Justice Law of Benue State.
The inclusion of Lawyers Alert in the monitoring committee is predicated on its continuous intervention on SGBV/SRHR via Advocacy, provision of free legal service, monitoring and documenting of rights violations, and legal literacy for women and other vulnerable groups in Nigeria; including publishing its findings for the purpose of evidence-based advocacy and the usage of data by other local and international organizations working in the same field.
IMPLICATIONS OF LA’s MEMBERSHIP
The interest of Civil Society Organizations and individuals working tirelessly to combat the surge of Sexual and Gender-Based Violence will be represented, in the same way, that their apprehensions about effective, transparent, and accountable justice delivery to survivors and victims of SGBV in the State will be addressed.
The pursuit of justice for SGBV/SRHR survivors/victims is geared toward ending SGBV in Benue State. Unlike the old practice where it would always appear criminal trials are endless, the ACJL has now provided for a day-to-day trial of a defendant upon arraignment, and where such is not possible, then parties to criminal proceedings are entitled to not more than 5 adjournments. Lawyers Alert as a critical stakeholder and a part of the committee will monitor and ensure strict compliance with this provision of the law for criminal matters to be speedily dealt with.
Women and girls suffering domestic violence, rape, molestation, and other related issues whose cases most of the time are stalled after arraignment in court due to delays and even non-release of legal advice from the state Ministry of Justice now have reason to heave a sigh of relief. The issuance of legal advice from the Office of the Attorney-General has now been at no later than 14 days of receipt of the Police case file on a matter. Lawyers Alert which has been a strong advocate in this area will seize the opportunity of its membership in the committee to monitor strict compliance with this provision.
A very critical provision of the ACJL is the recognition of non-custodial sentencing for petty and other simple offenders. The Law makes provision for the establishment of a Community Service Centre in all Judicial Divisions of the state by the Chief Judge of the state, and the centres are to be presided over by a Registrar and other support personnel. The essence is to reduce congestion in prison, rehabilitate prisoners by making them undertake productive work, and prevent convicts who commit simple or petty offences from mixing with hardened criminals. This is an area that Lawyers Alert has been passionate about and so would use the instrumentality of the Committee to ensure that the provision is translated into reality.
The importance of the robustness of the current law cannot be overemphasized. The innovations of establishing Rehabilitation centres within the state and the requirement of quarterly remittance of records of all arrests made in relation to state offenses or arrests within Benue state to the Attorney-General of the State are, to say the least, enviable. Lawyers Alert shall work assiduously with other members of the committee to see these materialized.
Without any iota of doubt, there are lots of expectations on the part of civil society activists and members of the public with respect to Lawyers Alerts’ nomination to the Committee. The least expected of the organization is for it to do everything possible so as not to let down such confidence and trust that have been reposed on it.
CONCLUSION
Indeed, it remains one of the major improvements brought about by the reforms in the ACJL as the reduction of delays in the criminal justice process by placing enormous responsibilities on the shoulders of Judges and Magistrates for the effective implementation of the Law. The monitoring committee like an Eagle’s eye will closely observe and monitor the process to ensure strict compliance with the Law.
Victor Eboh Esq.
Lawyers Alert 