Bauchi Modifies Criminal Laws For Fairness, Effectiveness

Judiciary in Bauchi said the overall objective of modifying the Administration of Criminal Justice Laws in the state is to improve the quality of criminal justice administration by promoting fairness, efficiency, and effectiveness in the system.

The state attorney-general and commissioner for justice, Abubakar Muhammad Bununu, who made the observation, said that some of the innovations in the laws include the expansion of jurisdiction of chief magistrates to try rape cases in Appendix A to the Administration of Criminal Justice Law, 2022.

At the unveiling of the new laws at a press briefing in Bauchi, the commissioner said it was also to increase the monetary and sentencing jurisdiction of magistrates’ provision for non-custodial, remedial and restorative sentencing.

Bununu who was represented by the solicitor general and permanent secretary Ministry of Justice gave the laws as Administration of Criminal Justice Law (ACJL), 2022; Violence Against Persons Prohibition (VAPP) Law; and the Penal Code which implementation commencement was unveiled at the NUJ Secretariat, Bauchi during the press briefing.

“Provision for courts to assume jurisdiction under certain conditions: To ensure that cases don’t commence de novo, Section 114 (3) of the ACJL provides that where a Judge or Magistrate has commenced the hearing of a matter to the close of the prosecution’s case in a Division or District and said Judge or Magistrate is transferred to another Division or District, the Judge or Magistrate shall continue hearing the case in the Division or District where the case commenced”.

According to him, “Time limit for issuance of legal advice and other directives to the police from the office of the Hon. Attorney General – 21 days, Section 117(1) of the ACJL Thus, facilitating speedy trial of SGBV cases and quick access to justice”.

He said that provision for timeline for Service of complaints, Charge Sheets, and Trial of Cases, under Section122 (2) of the ACJL, complaints and charge sheets filed by the prosecution shall be served on the defendant within seven days of its being filed or such time as the court may allow.

“Also, subsection (3) trial of criminal cases including SGBV cases shall commence not later than 30 days from the date of filing the charge, and the trial of the person brought under the charge shall be completed within a reasonable time.

“Further, subsection (4) of Section 122 provides that where trial does not commence within 30 days of bringing a charge, or trial has commenced but has not been completed after 180 days of arraignment on that charge, the Court shall forward to the Chief Judge the particulars of the charge and reasons for failure to commence the trial or to complete the trial,” he said.