Reps: Tinubu’s Administration of Criminal Justice bill passes through second reading

The House of Representatives on Thursday passed through Second Reading the proposed Administration of Criminal Justice Bill, 2026, which seeks to repeal the Administration of Criminal Justice Act, 2015, and introduce comprehensive reforms to accelerate criminal trials, strengthen judicial procedures and protect the rights of suspects, defendants and victims.

The 150-page Executive bill which contains 503 clauses seeks to repeal ‘The Administration of Justice Act, No. 13, 2015’, however, stipulates that the provisions of the Criminal Procedure Code Act Cap. 491 LFN, 1990 shall continue to apply provided they are not inconsistent with any provision of this Act.

It provides for the establishment of the Administration of Criminal Justice Monitoring Council.

The proposed legislation was designed to address persistent challenges in Nigeria’s criminal justice system, including delays in investigations and prosecutions, inadequate deployment of technology in court proceedings, weak coordination among criminal justice institutions and ineffective case management.

The legislative framework further seeks to establish an effective framework for the administration of criminal justice in the Federal Capital Territory and other federal courts across the country, alongside the establishment of an Administration of Criminal Justice Monitoring Council.

The objective of the bill is to ensure the “efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime, and protection of the rights and interests of the suspects, the defendants, and the victims.”

Tinubu explained that the proposed repeal and re-enactment of the existing law followed the identification of legal, procedural and institutional deficiencies that have hindered the effective administration of criminal justice since the enactment of the 2015 law.

He said the proposed legislation had been reviewed by experienced law officers specialising in criminal law, criminal procedure and legislative drafting, adding that it incorporated developments in judicial pronouncements, technological innovations and international best practices.

One of the major provisions of the bill is the proposed abolition of trial-within-trial proceedings for determining the admissibility of confessional statements. Under the proposed arrangement, the prosecution would be required to establish the voluntariness of such statements, while objections to their admissibility would be determined alongside the substantive issues at the point of judgment.

The bill also proposes the establishment of a national Sex Offenders Register to be domiciled in the Office of the Attorney-General of the Federation, with provisions for the registration and publication of particulars of convicted sex offenders and periodic transmission of relevant information by prosecuting and law enforcement agencies.

Another significant provision is the establishment of a Witness Support Fund under Section 257(2), intended to provide a sustainable mechanism for the prompt payment of expenses incurred by witnesses in criminal proceedings. The proposed arrangement would involve the Attorney-General of the Federation and other prosecuting agencies.

To reduce unnecessary interruptions during trials, the proposed legislation would empower courts to direct parties to file written depositions of witnesses where necessary to expedite proceedings. It also seeks to strengthen judicial case management by encouraging concise presentation of evidence and the use of witness depositions on matters not in dispute.

The proposed law further seeks to strengthen the Administration of Criminal Justice Monitoring Council through the establishment of a governing board comprising representatives of the judiciary, law enforcement agencies, prosecuting authorities, correctional institutions, the Nigerian Bar Association and civil society organisations.

It also provides for the appointment of an Executive Secretary of the Council by the President on the recommendation of the Attorney-General of the Federation, while empowering the Attorney-General to issue regulations necessary for effective implementation.

The proposed reforms were intended to improve institutional coordination, strengthen compliance monitoring and address procedural bottlenecks that have continued to undermine the speedy dispensation of justice.

Clause 76 of the Administration of Criminal Justice Bill, 2026, prescribes penalties for suspects who fail to comply with court orders or appear before the court to seek their variation or cancellation. Where non-compliance poses a threat to public safety, an individual may face a fine of not less than N100,000 or six months’ imprisonment, while a corporate body may be fined at least N1 million. Where the failure threatens human life, the minimum penalty rises to N200,000 or 12 months’ imprisonment for an individual, and N2 million for a corporate body.

The clause, however, provides safeguards for persons with disabilities, requiring courts to ensure that orders are communicated in accessible formats and that reasonable time and assistance are provided for compliance, except in urgent circumstances. Before imposing sanctions, courts must consider whether disability, accessibility or communication barriers contributed to the failure and whether reasonable accommodation could have enabled compliance. Judges are also required to explain their decisions to reject accommodation or impose penalties, while retaining discretion to apply alternative measures, including community service, extensions of time or supervision, where appropriate.

Clauses 442 and 443 of the Administration of Criminal Justice Bill define deportation as the legal removal of a non-Nigerian citizen from Nigeria to their country of origin. The provisions empower a court to recommend deportation to the Minister of Interior where a foreign national is convicted of an offence punishable by imprisonment without an option of a fine, if the court considers such action necessary in the interest of peace, order and good governance. Under Clauses 444 and 445, a court may also recommend deportation where a non-citizen is considered likely to breach the peace, engages in conduct threatening public order, incites hostility among sections of the population or conspires against Nigeria’s constituted authority.

Clause 446 requires the court, before recommending deportation in relevant cases, to inform the affected person of the allegations and give them an opportunity to explain why they should not be deported. Clause 447 requires the court to forward its recommendation, reasons and certified copies of relevant proceedings to the Minister of Interior, while Clause 448 permits the person concerned to be detained in lawful custody pending the minister’s decision. Under

Clauses 449 and 450, the minister may issue a written deportation order in the interest of peace, order and good governance or decline the recommendation, in which case the court may impose imprisonment or another punishment authorised by law.

Clauses 451 to 454 establish further safeguards and procedures for implementing deportation orders. The provisions expressly prohibit the deportation of Nigerian citizens and require any prison sentence imposed on a person ordered to be deported to be served before deportation is carried out. A deportation order may be time-limited or indefinite and may require the individual to report periodically to an immigration office or police station at intervals of not less than 30 days. The order authorises designated officials to detain and transport the person for deportation, while anyone who unlawfully leaves a restricted area or deliberately fails to comply with reporting requirements may face six months’ imprisonment and subsequent deportation under a fresh warrant or order.

Clause 455 provides that cases involving child offenders shall be handled in accordance with the Child Rights Act, while the bail provisions of the Administration of Criminal Justice Bill shall apply to bail proceedings involving children accused of committing offences.

Clause 466 empowers the court to summon or arrest a convict who defaults on a community service order and to vary the order, impose a fine, or cancel it and impose another applicable punishment, while prohibiting supervising officers from exploiting convicts for personal benefit under penalty of a fine of at least N100,000 and other non-custodial sanctions.

The bill also provides for the establishment of the Administration of Criminal Justice Monitoring Council.