AN ASSESSMENT OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT (ACJA) 2015 AND ITS EFFECT ON UNLAWFUL ARREST AND DETENTION BY THE POLICE IN OGUN STATE, NIGERIA

Abstract

The Administration of Criminal Justice Act (ACJA) 2015 was enacted in Nigeria to reform and streamline the criminal justice process, with the objective of enhancing the protection of human rights, promoting transparency, and ensuring the speedy delivery of justice. A key aim of the Act was to address prevalent issues of unlawful arrest and detention by law enforcement agencies, particularly by the Nigerian police, who have often faced criticism for violating the rights of suspects. Using a combination of qualitative and quantitative methods, the research involved analyzing questionnaires and conducting interviews with law enforcement officials, legal practitioners, and victims of unlawful arrests and detentions. Findings revealed a significant gap between the objectives of the ACJA and the realities of policing practices in Ogun State. While the Act clearly stipulates conditions under which arrests can be made, mandates prompt arraignment of suspects, and prohibits unlawful detention without trial, many police officers continue to disregard these guidelines. This study found that unlawful arrest, detention and the abuse of power remain common, often due to systemic issues such as inadequate police training, corruption, and resource limitations. The study concludes that, although the ACJA 2015 provides a comprehensive framework for protecting the rights of suspects and regulating police conduct, its implementation in Ogun State remains flawed. It recommends for stronger enforcement of the Act’s provisions, more rigorous training programs for police officers on human rights and legal procedures, and enhanced oversight from both governmental and non-governmental organizations.