ABSTRACT
Delays in the administration of justice have long been a persistent and significant issue in Nigeria, despite the existence of robust legal framework. This chapter examines the underlying reasons for these protracted delays by analysing the criminal justice systems of other African countries including South Africa, Botswana, Kenya, and Uganda. The analysis specifically investigates whether these systems allow for ‘trial within a trial,’ a procedural element that can contribute to delays. The chapter draws on a wide array of sources such as the Constitution, various legislative provisions, and case law, as well as secondary sources such as scholarly opinions in books and journals. The chapter finds that recent criminal justice reforms in Nigeria particularly under the Administration of Criminal Justice Act (ACJA) 2015 have eliminated the practice of trial within trial and yet this reform has not been effectively translated into practice. The chapter demonstrates that while countries like South Africa, Botswana, Kenya, and Uganda have criminal justice systems with similar characteristics to Nigeria’s, certain procedural differences exist. The chapter concludes by offering key recommendations to mitigate justice delays. It recommends that the provisions of the ACJA 2015 be fully implemented across all states in Nigeria. Specifically, the ACJA Monitoring Committee should be officially inaugurated in states where it is currently absent. Finally, the chapter emphasises the role of non-governmental organisations which are encouraged to actively monitor the Committee’s activities and provide necessary support to ensure its effectiveness.
