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Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015

Author

Listed:
  • Olujobi, Olusola Joshua

    (LL.B, B.L, LL.M, M.Phil, AciArb. & Notary Public, Legal Practitioner and Lecturer, Business Management Department, Covenant University, Nigeria)

  • Oyewunmi, Olabode

    (LLB, B.L, LL.M, Ph.D, Lecturer, Business Management Department, Covenant University, Nigeria)

  • Igbinoba Ebeguki

    (LL.B, B.L, LL.M, Ph.D, Lecturer, Business Management Department, Covenant University, Nigeria)

  • Olusola-Olujobi Temilola*

    (LL.B, B.L, LL.M., Legal Practitioner and Senior Partner in Olujobi Olusola & Co. Lagos, Nigeria)

Abstract

Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

Suggested Citation

  • Olujobi, Olusola Joshua & Oyewunmi, Olabode & Igbinoba Ebeguki & Olusola-Olujobi Temilola*, 2019. "Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015," The Journal of Social Sciences Research, Academic Research Publishing Group, vol. 5(7), pages 1184-1192, 07-2019.
    • Handle: RePEc:arp:tjssrr:2019:p:1184-1192
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    References listed on IDEAS

    as
    1. repec:srs:journl:jarle:v:9:y:2018:i:1:p:204-209 is not listed on IDEAS
    2. Dare Ojo Omonijo* & Olusola Joshua Olujobi & Michael Chibuzor Anyaegbunam & Stella Obioma Nnatu & Victoria Ajibola Adeleke, 2018. "Fundamental Human Rights, Polices of a Nigerian Private Mission University and the Safety of Students: Critical Analysis," The Journal of Social Sciences Research, Academic Research Publishing Group, vol. 4(12), pages 841-848, 12-2018.
    3. Olusola OLUJOBI & Adenike ADENIJI & Olabode OYEWUNMI & Adebukola OYEWUNMI, 2018. "Commercial Dispute Resolution Has Arbitration Transformed Nigeria s Legal Landscape," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 9(1), pages 204-209.
    4. Adetoro Rasheed Adenrele & OMIYEFA MURAINA OLUGBENGA, 2014. "Challenges of Human Rights Abuses in Nigerian Democratic Governance – Which Way Forward ?," Journal of Social Economics Research, Conscientia Beam, vol. 1(5), pages 87-96.
    5. repec:srs:journl:jarle:v:8:y:2017:i:3:p:956-970 is not listed on IDEAS
    6. Olusola OLUJOBI, 2017. "Legal Framework for Combating Corruption in Nigeria The Upstream Petroleum Sector in Perspective," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 8(3), pages 956-970.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Abuses; Human rights; Roles of lawyers; Torture; Justice; Nigeria;
    All these keywords.

    JEL classification:

    • K3 - Law and Economics - - Other Substantive Areas of Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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