By Ishaya Ibrahim
Acting New Editor
The age-long practice of denying women the right to stand surety for the purpose of securing bail for persons in police custody has been abolished in the Administration of Criminal Justice Act 2015.
But not many people are aware of this and many other innovations that the new justice delivery system provides. This was the reason members of the National Association of Judicial Correspondents (NAJUC) held a seminar to bring to the fore many of these innovations.
Justice Mohammed Lawal of the Court of Appeal, who was represented by his colleague, Justice Ugochukwu Ogagwu, said that Section 167 (3) of the Act has cured the long defective practice where women were constantly denied the right to stand as sureties for the purpose of bail.
“It provides that a person shall not be denied, prevented or restricted from entering into any recognizance or standing as surety for any defendant or applicant on the ground only that the person is a woman,” he said.
The Act also forbids the police to arrest relatives of a suspect. And if such arrest is to be made, it must be backed by a court warrant.
“Of interest is Section 7 which prohibits arrest in lieu. Accordingly, it is prohibited to arrest another person in place of a suspect. This provision of the ACJA if adhered to in the observance as opposed to in the breach, would likely reduce congestion in the Prisons, Police cells and other detention facilities,” the judge said.
The Act also provides against any form of torture, cruel, inhuman or degrading treatment.
It further provides in subsection 2 that a suspect shall not be arrested merely on a civil wrong or breach of contract.
“This stipulation seems to be designed to curb malicious instigation of arrests, detention or prosecution of another as a result of a civil case or an infraction which does not constitute a criminal wrong,” Justice Garba said.
