An Analysis of the Administration of Criminal Justice Act (ACJA) 2015 and the Rights of Awaiting Trial Suspects in Nigeria's Criminal Justice System

Abstract

This study analyses the Nigerian Administration of Criminal Justice Act (ACJA) 2015 and the rights of awaiting trial suspects in Nigeria's Criminal Justice System (CJS), focusing on constitutional and statutory protections. The study adopted the functionalist (structural functionalist) perspective in its exposition on the premise that it seeks to maintain societal stability by deterring crime and reinforcing shared values, while it utilises Herbert Packer's Due Process Model of the CJS to explore Nigeria's legal system. It further employed a search for relevant studies that were conducted in various databases, including Google Scholar, HINARI, and the Law Pavilion, involving Nigerian inmates from 2015 to 2025. The study emphasizes the presumption of innocence, fairness, protection against state abuse, and procedural integrity, among others, as enunciated by the Due Process model. The essence is to safeguard the right to legal representation, humane treatment, and fair trials for the inmates as part of the overall objective of maintaining a social equilibrium within the Nigerian context of police brutality, judicial rascality, and correctional inefficiencies. It is important to note that ACJA represents a landmark legislative effort that reflects due process principles. Drawing on secondary data, the study discovered that challenges like pretrial detainees, torture, and inhumane and derogatory treatment highlight gaps noticeable in its implementation after ten (10) years of enactment. The study, therefore, recommends administrative oversight, strengthening legal aid, prison decongestion and reform, and eradication of corrupt practices by operators of the ACJA.