JRI Faults Poor Enforcement of Benue Criminal Justice Law Seven Years After Enactment
Rights Group Raises Alarm Over Prolonged Detention, Delayed Trials, Congested Correctional Centres
By Our Correspondent In Makurdi
The Justice and Rights Initiative (JRI) has decried the poor implementation and enforcement of the Benue State Administration of Criminal Justice Law (ACJL) 2019, seven years after its enactment, warning that the situation is undermining justice delivery and worsening congestion in correctional facilities across the state.
Speaking during a press briefing in Makurdi on Friday, the Acting Executive Director of JRI, Barr Solomon Torluam, said findings from assessment visits conducted by the organisation and the Human Rights Law Service (HURILAWS) revealed widespread non-compliance with key provisions of the law by stakeholders in the criminal justice system.
Torluam lamented that critical provisions aimed at safeguarding suspects’ rights, ensuring speedy trials and reducing overcrowding in detention facilities were yet to be fully implemented and enforced.
According to him, law enforcement agencies, particularly the police, have failed to comply with provisions guiding arrests, bail procedures, search warrants, legal advice and timely prosecution of cases.
He warned that the continued disregard for the law had contributed to prolonged detention of suspects, congestion in remand facilities and increasing numbers of criminal cases lingering in courts without trial for years.
The JRI acting director further noted that suspects were often not informed of their constitutional rights, including the right to remain silent, consult a lawyer and access legal aid during arrest procedures, contrary to provisions of the ACJL.
Torluam also raised concerns over alleged misuse of restraints and violations of procedures governing warrants and search warrants as stipulated under the law.
He identified delayed issuance of legal advice by the Office of the Attorney General in cases beyond Magistrate Court jurisdiction as another major setback affecting effective implementation of the law.
According to him, Section 378 of the ACJL mandates that legal advice should be issued within 14 days after receiving police case files, but delays had become routine, leaving many suspects in prolonged detention while awaiting-trial cases continue to pile up in Magistrate Courts.
He stated that the development had overstretched correctional centres and defeated the core objective of the ACJL, which was enacted to guarantee speedy dispensation of justice and protection of suspects’ rights.
Torluam called on the judiciary, police, Ministry of Justice and other stakeholders in the criminal justice system to demonstrate stronger commitment toward full implementation of the law.
Also speaking at the briefing, Barr Desmond Jinge, said greater public awareness of legal rights would help reduce abuses by security agencies.
He explained that law enforcement officers often act with more caution when dealing with citizens who understand their rights.
In his remarks, Mr Alfred Gbagir condemned extra-judicial killings under any circumstance, describing such acts as contrary to both the provisions and spirit of the ACJL.
