Nigeria's ACJA, 2015 governs how criminal cases are conducted. It sets a 24-hour rule for remanding suspects, prohibits charge-and-bail, and requires courts to record reasons for prolonged detention.
The Administration of Criminal Justice Act, 2015 applies to federal courts and the FCT, and has been adopted by most states in modified form. It substantially reformed Nigeria's criminal procedure. Key provisions for suspects and accused persons: **24-hour rule (s. 34–35)**: A suspect must be charged or released within 24 hours of arrest. If charged, they must be brought before a court within 24 hours. The police cannot keep someone 'on administrative bail' indefinitely. **Prohibition of charge-and-bail**: Police are prohibited from charging someone merely to justify detention (charging trivially and offering bail as a commercial transaction). Courts can sanction officers who do this. **Remand applications**: If an offence is so serious that the police cannot grant bail (e.g. capital offence), the police must apply to a magistrate or judge for a remand order — they cannot unilaterally detain. **Recording reasons**: Courts must record reasons for any remand or refusal of bail, improving accountability. **Speedy trial**: Courts must ensure criminal trials are not unduly delayed, with provisions for part-heard matters and time limits.
Police arrest a man on a Monday and detain him without charge for 5 days. His lawyer applies to a magistrate for enforcement of his Section 35 constitutional right. The magistrate orders his immediate release and the police are cautioned for ACJA violations.
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