Rights Groups Raise Alarm Over Poor Implementation of Benue ACJL, Urges Stakeholders Action

From Dooshima Terkura, Makurdi

Justice and Rights Initiative (JRI) and the Human Rights Law Service (HURILAWS) have expressed worries over the poor implementation of the Benue State Administration of Criminal Justice Law (ACJL) 2019, seven years after its passage.

The groups, during a Press conference in Makurdi on Friday, said despite sustained advocacy and awareness campaigns, critical stakeholders within the criminal justice sector have failed to fully comply with the provisions of the law meant to guarantee speedy and fair justice delivery in the state.

Speaking to newsmen, the Acting Executive Director of JRI, Solomon Torluam explained that the organizations had over the years partnered to promote the domestication and implementation of the law in Benue State.

According to Torluam, recent advocacy and assessment visits to security agencies and justice institutions revealed widespread non-compliance with several provisions of the ACJL by law enforcement authorities and other stakeholders.

Torluam noted that the assessment uncovered persistent violations relating to arrest procedures, detention, bail administration, issuance of warrants, legal advice, and delays in criminal trials.

He stated that many of the law’s innovative provisions designed to protect suspects’ rights and ensure professionalism in criminal investigations are routinely ignored by security agencies, particularly the police.

He explained that the ACJL clearly outlines how arrests should be carried out, including provisions prohibiting unnecessary handcuffing or restraint of suspects except under specific circumstances.

According to him, the law also requires security operatives to inform suspects of their rights, including the right to remain silent, consult a lawyer, and access free legal representation where necessary. He, however, lamented that these safeguards are often disregarded during arrests and detention processes.

The groups also raised concerns over abuse of warrants and search procedures, stressing that the law mandates police officers to obtain properly issued warrants before conducting arrests or searches in most situations. They maintained that adherence to these procedures is essential to protecting citizens from arbitrary invasion of privacy and unlawful detention.

On delays in issuance of legal advice, the organizations decried the failure of the Ministry of Justice to meet the 14-day period stipulated under the ACJL for reviewing police case files and issuing legal advice in serious criminal matters.

Torluam observed that the delay has contributed significantly to the growing number of awaiting-trial inmates in correctional centres and the congestion of magistrate court dockets across the state.

He further stated that prolonged investigations, shortage of personnel, and delays in filing charges at the appropriate courts have continued to frustrate the objectives of the law. According to him, many cases remain stalled in magistrate courts that lack jurisdiction to try them, thereby denying suspects the constitutional right to fair hearing within a reasonable time and undermining public confidence in the justice system.

The organizations therefore called on all stakeholders, including the judiciary, police, Ministry of Justice, correctional authorities, civil society groups, and the media, to demonstrate stronger commitment toward full implementation of the ACJL 2019.

They emphasized that an effective criminal justice system is essential for public safety, protection of human rights, and speedy dispensation of justice, urging the public and relevant institutions to support efforts aimed at strengthening the rule of law in Benue State.

The groups said “We call on all relevant stakeholders to join forces in implementing this law so as to ensure a better justice system. A better justice system, guarantees a safer society and it takes the combined efforts of all stakeholders to do this.

“We call on you as stakeholders and partners to foster a more informed and involved public while ensuring the effective implementation of the Administration of Criminal Justice Law in Benue state. We also call on you to be a voice of the people and propagate the novel provisions of this Law to the general public,” they said.