Interpretative Regime of Some Selected Provisions of the Administration of Criminal Justice Act 2015: Gains and Diminution

Abstract

The courts' main role is to decode the law, seeking the legislature's intent through the text. In this context, Nigeria's Administration of Criminal Justice Act 2015 (ACJA) stands as a significant legislative milestone. Using the doctrinal research methodology, this study examines the judicial attitude toward interpreting ACJA 2015. As to the specific objectives, the paper will Identify whether the interpretations advanced so far by the Nigerian courts on relevant sections of ACJA 2015 promote its spirit and purpose. The paper finds that, in some of the cases, the trial courts were more conservative than purposive towards interpreting the provisions of ACJA, hence the courts refused to be strictly guided by the purpose of ACJA 2015. In contrast, the appellate courts (Court of Appeal and Supreme Court) in most cases refused to tread this part of judicial ineptitude. The paper recommends that judicial officers manning courts, especially, the lower bench should be regularly trained and retrained by the National Judicial Council (NJC) regarding interpreting newly enacted Acts and laws to conform with age-long principles of law and the constitution. It is further recommended that the Supreme Court of Nigeria and the Court of Appeal of Nigeria should drive the process of judicial activism by overturning decisions of lower courts that contradict the purpose of ACJA 2015. The study also suggests parliament should lead the push to amend the Constitution and the ACJA 2015 to enhance the solutions the latter aims to provide.