MacArthur Foundation Publications
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Item Open Access NIALS COMPENDIUM OF STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW ANALYSES (VOLUME II)(Nigerian Institute of Advanced Legal Studies, 2020) Professor Muhammed Tawfiq Ladan, PhDCriminal justice administration in Nigeria has witnessed significant improvement since the enactment of the Administration of Criminal Justice Act (2015) and the Administration of Criminal Justice Laws in various States. These legislations created a framework to address major shortcomings, including the prolonged detention of awaiting trial suspects, trials without legal representation, inefficiency among prosecutors, and corruption that had long undermined the effectiveness of the criminal justice system. As of October 31, 2020, 30 States and the Federal Capital Territory had enacted the relevant Administration of Criminal Justice Act and Laws, marking a major step toward strengthening justice delivery in the country.Item Open Access SUPREME COURT’S DECISION IN UDEOGU v FRN: POLICY AND PRACTICE IMPLICATIONS FOR THE CRIMINAL JUSTICE SYSTEM IN NIGERIA(Nigerian Institute of Advanced Legal Studies, 2020) Muhammed Tawfiq Ladan, PhD; Lilian Onyinyechi Uche; Jane Ezirigwe; Okike Chibueze AjanwachukuItem Open Access NIGERIAN INSTITUTE OF ADVANCED LEGAL STUDIES (NIALS) TRAINING MANUAL ON ACJA IMPLEMENTATION FOR JUDGES(Nigerian Institute of Advanced Legal Studies, 2020) Prof Muhammed Tawfiq Ladan, PhDThe Administration of Criminal Justice Act (ACJA) 2015 and the subsequent Administration of Criminal Justice Laws (ACJL) of States introduced significant reforms to the management of criminal justice in Nigeria. These changes are targeted at reducing visible shortcomings under the previous existing framework that hampered the effectiveness and efficiency in criminal justice administration. However, the success of the ACJA 2015 and the State ACJLs hinges on a proper understanding and implementation of its provisions by key justice sector actors. This Manual is specially designed by the Nigerian Institute of Advanced Legal Studies (NIALS) for Judges to facilitate the effective handling of matters under the new procedural framework for the administration of criminal justice in Nigeria, especially as it relates to corruption by natural and juristic persons.Item Open Access COMPENDIUM OF STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW ANALYSES (VOLUME III)(Nigerian Institute of Advanced Legal Studies (NIALS), 2021) Professor Muhammed Tawfiq LadanBefore 2015, the three main components of the Nigerian criminal justice system—law enforcement, courts, and corrections—could not meet the justice needs of citizens and other persons residing in the country. This was due to inherent challenges in the existing criminal law provisions and legal practitioners’ (especially defense lawyers) penchant for exploiting loopholes in the law, which resulted in delays. Some of the existing provisions had the effect of encouraging unnecessary incarceration for minor offences and prolonged detention of persons awaiting trial. The result was that correctional facilities and detention centres became overcrowded due to the huge number of awaiting trial inmates (ATIs), some of whom could be held in detention for years without trial. Hence, Nigerians became bitter and aggressive towards criminal justice institutions. The judiciary lost its status as the last hope of the common man, as citizens had lost confidence in the institution’s ability to deliver justice.Item Open Access GUIDELINES FOR THE JUSTICE AND LEGAL EDUCATION SECTORS TO FACILITATE ADHERENCE TO THE NATIONAL COVID-19 GUIDELINES(2021) Nigerian Institute of Advanced Legal StudiesThe World Health Organization (WHO) declared the outbreak of coronavirus disease (COVID-19) a Public Health Emergency of International Concern (PHEIC) in early 2020. Since then, the virus has spread across the globe and evolved into several variants, including Delta and Omicron. The Omicron variant, first reported to the WHO from South Africa on November 24, 2021, reignited memories of the initial outbreak as many countries reinstated earlier response measures such as travel restrictions. Experts caution that much about COVID-19 remains uncertain, as research into its evolving nature and characteristics continues worldwide.Item Open Access DIGEST OF CASES ON ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015/TRAFFICKING IN PERSONS (PROHIBITION) ENFORCEMENT AND ADMINISTRATION ACT, 2015 - VOLUME III 2022(Nigerian Institute of Advanced Legal Studies, 2022) Nigerian Institute of Advanced Legal Studies (NIALS)The Project, *Supporting the Effective Implementation of and Compliance with the Law on Criminal Justice Administration in Nigeria (2.0)*, seeks to strengthen the justice system through workshops, review bulletins, and case digests aimed at deepening understanding of the ACJA and improving the management of criminal proceedings, particularly in the prosecution of anti-corruption cases. The ACJA 2015 and its state-level counterparts hold significant potential to advance anti-corruption efforts by enabling more effective investigations and prosecutions. Proper implementation of the Act can modernize the justice system, close critical loopholes, and establish a unified legal framework. By equipping stakeholders with practical tools and expanding nationwide awareness of the ACJA, the Project fosters greater efficiency in handling cases, reduces delays in proceedings, and promotes accountability across the criminal justice process.Item Open Access DIGEST OF CASES ON ADMINISTRATION OF CRIMINAL JUSTICE LAWS IN NIGERIA - VOL IV OF 2023(Nigerian Institute of Advanced Legal Studies, 2023) Nigerian Institute of Advanced Legal Studies (NIALS)The enactment of the Administration of Criminal Justice Act (ACJA) in 2015, along with its state counterparts, marked a major milestone in reshaping Nigeria’s legal framework. Backed by the commitment of funders and stakeholders to strengthen capacity and build jurisprudence for effective implementation, the Criminal Justice in Nigeria Project (2.0) has generated valuable insights. The lessons learned underscore the need to institutionalize and expand these efforts, ensuring sustainability beyond the initial funding cycle while fostering inclusivity in the criminal justice reform process.Item Open Access ACJ 2015 ACT AS A TOOL FOR ACHIEVING GENDER INCLUSION AND EQUITY - VOL. 17 SEPTEMBER, 2023(Nigerian Institute of Advanced Legal Studies, (NIALS) With Support from The John D and Catherine T. MacArthur Foundation, 2023) Dr. Jane EzirigweAlthough everyone could face immense challenges in accessing justice, women face extreme vulnerability in the criminal justice system, exacerbated by many factors directly associated with their gender; women are vulnerable to sexual abuse and other forms of violence in detention and prisons, could be intimidated by contact with and interrogation by men, and their peculiar needs in the criminal justice system could be ignored, including exposure to verbal abuse and shaming, improper touching during searches, frequent and unnecessary searching, spying on female prisoners during showers, as well as inadequate provisions for their distinct health- and welfare-related needs.Item Open Access ARREST IN LIEU: AN ANALYSIS OF CASES BASED ON SELECTED STATES ACJ LAWS - VOL. 15 AUGUST 2023(Nigerian Institute of Advanced Legal Studies (NIALS) With support from The John D and Catherine T. MacArthur Foundation, 2023) Laura AniMultiple international and national human rights instruments prohibit the infringement of human rights; the international human rights documents include, inter alia, the Universal Declaration of Human Rights (1948), the African Charter on Human and Peoples’ Rights (1981), the International Covenant on Civil and Political Rights (1976), and the International Covenant on Economic, Social and Cultural Rights (1966), while at the national level, the primary document is the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as altered, alongside other instruments such as the Child Rights Act (2007), the Anti-Torture Act (2017), and the Administration of Criminal Justice Act (2015), which deal specifically with the topic under review.Item Open Access COMPENDIUM OF STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW ANALYSES (VOLUME IV)(Nigerian Institute of Advanced Legal Studies, 2023) Professor Muhammed Tawfiq Ladan, PhDSince 2015, Nigeria’s criminal justice administration has recorded notable progress in procedural law and reform through the enactment of the Administration of Criminal Justice Act (ACJA), comprising 495 sections, alongside the adoption of corresponding Administration of Criminal Justice Laws (ACJLs) by various states. These reforms have significantly strengthened the justice system across the country. This fourth edition of the compendium presents a critical analysis of the ACJLs of four states—Gombe, Bauchi, Yobe, and Akwa Ibom—with the aim of building a comprehensive database for stakeholders. Using the ACJA 2015 as a benchmark, the study evaluates state-level laws, highlighting their alignment with the vision of a more effective and efficient justice system when properly implemented, and demonstrates that federal and state instruments are largely comparable.Item Open Access DIGEST OF CASES ON ADMINISTRATION OF CRIMINAL JUSTICE LAWS IN NIGERIA VOL V OF 2023(Nigerian Institute of Advanced Legal Studies, 2023) Nigerian Institute of Advanced Legal Studies (NIALS)On Strengthening the Implementation and Compliance with the Administration of Criminal Justice Act/Laws in Nigeria. The enactment of the Administration of Criminal Justice Act (ACJA) in 2015, along with its state-level counterparts, represents a pivotal milestone in reshaping Nigeria’s legal and judicial landscape. Supported by the commitment of funders and stakeholders to enhance capacity and develop jurisprudence for effective implementation, the Criminal Justice in Nigeria Project (2.0) has offered critical insights into the reform process. These insights emphasize the urgent need to institutionalize and broaden ongoing efforts, ensuring that progress is sustainable beyond the initial funding phase while embedding inclusivity at every stage of criminal justice administration.Item Open Access GOMBE STATE ADMINISTRATION OF CRIMINAL JUSTICE PRACTICE DIRECTION 2023(MacArthur Foundation, 2023) Hon. Justice Halima S. Mohammed Chief Judge High Court of Justice Gombe StateItem Open Access IMO STATE PRACTICE DIRECTION ON THE ADMINISTRATION OF CRIMINAL JUSTICE 2023(MacArthur Foundation, 2023) Honourable Justice Theresa Eberechukwu Chukwuemeka- Chikeka Chief Judge High Court of Justice Imo StateItem Open Access EBONYI STATE ADMINISTRATION OF CRIMINAL JUSTICE RULES, 2023(MacArthur Foundation, 2023) MacArthur FoundationIn exercise of the powers conferred on me by Section 274 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 551 of the Ebonyi State Administration of Criminal Justice Law, 2019 (hereinafter referred to as “The Law”) and all other powers enabling me in that behalf, I, Honourable Justice Elvis Anagu Ngene, the Honourable Chief Judge of the Ebonyi State, do make the following Rules.Item Open Access ADAMAWA STATE ADMINISTRATION OF CRIMINAL JUSTICE LAW PRACTICE DIRECTION NO. 1 OF 2023(MacArthur Foundation, 2023) Honourable Justice Hafsat Abdulrahman Chief Judge High Court of Justice Adamawa StateItem Open Access KATSINA STATE ADMINISTRATION OF CRIMINAL JUSTICE PRACTICE DIRECTION NO. 1 OF 2023(MacArthur Foundation, 2023) Honourable Justice Musa Danladi Abubakar, NPOM, FciArb, Chief Judge High Court of Justice Katsina StateItem Open Access WITNESS PROTECTION REGIME AS A VITAL COMPONENT OF A COMPREHENSIVE ANTI- CORRUPTION STRATEGY UNDER ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) 2015 - VOL. 18 AUGUST 2023(Nigerian Institute of Advanced Legal Studies (NIALS) With support from The John D, and Catherine T. MacArthur Foundation, 2023-08) Nigerian Institute of Advanced Legal Studies (NIALS)The Project on Supporting the Implementation of the Administration of Criminal Justice Act (2015) and ACJLs (MacArthur 2.0) aims to deepen understanding of the Federal Act and the respective state counterparts and improve the management of criminal proceedings, including the prosecution of anti-corruption cases in Nigeria; through workshops, review of bulletins and digests, the Project offers a common framework for providing practical tools for relevant stakeholders, enhances nationwide familiarity with the legal instruments, ensures expediency in and modernizes the Criminal Justice System, and is supported by The John D. and Catherine T. MacArthur Foundation as part of the Foundation’s On Nigeria Grant Program.Item Open Access PRE-TRIAL DETENTION AND THE IMPLICATION OF THE BAIL PROVISION UNDER THE ACJA 2015 - VOL. 16 AUGUST 2023(Nigerian Institute of Advanced Legal Studies (NIALS) With support from The John D and Catherine T. MacArthur Foundation, 2023-08) Lilian Uche (Mrs.)Pretrial detention is a common feature of the global criminal justice system and, given its prevalence and use, is clearly considered crucial to its functioning; every day an estimated 3.3 million people are held in pretrial detention worldwide, and over the course of a year, more than 15 million people experience pretrial detention, figures that suggest a possible overreliance on its use across the world; in Nigeria, recent data released by the Nigerian Correctional Service (NCS) show that as of 17th April 2023, the overall inmate population in detention centers stood at 74,872, out of which 51,939 (69%) were Awaiting Trial Inmates (ATIs), while only 22,933 (31%) were convicted inmates.Item Open Access COMPENDIUM ON LESSONS LEARNED AND BEST PRACTICES FROM NIGERIA’S ANTI-CORRUPTION EFFORTS: 2015 TO 2023(Nigerian Institute of Advanced Legal Studies, 2024) Nigerian Institute of Advanced Legal Studies (NIALS)Curbing corruption requires a clear understanding of the drivers, enablers, and opportunities that sustain it. By identifying these challenges, it becomes possible to design solutions that address systemic weaknesses and drive meaningful change. Drawing from past experiences—both successes and setbacks—provides a foundation for developing more effective and sustainable strategies. This Compendium responds to the pressing need to close the knowledge gap by documenting and distilling key lessons learned, best practices, and insights from Nigeria’s anti-corruption efforts between 2015 and 2023. It marks a critical milestone in consolidating knowledge and offering practical recommendations. The findings presented serve as a valuable resource for policymakers, practitioners, civil society organizations, and citizens, charting a roadmap for future reforms while equipping stakeholders with actionable strategies to tackle complex governance and accountability challenges.
