One other innovation under the Administration of Criminal Justice Act, and which perhaps calls for review is the issue created under Section 396 (7), which seeks to prevent trial de novo in criminal cases upon the elevation of a High Court Judge to the Court of Appeal. The issue of having to recommence criminal proceedings once a presiding judge handling the case gets promoted has been highlighted as one of the main reasons for delay in criminal trials. In trying to nip the issue in the bud, Section 396 of the ACJA, 2015 has come to the rescue, albeit locking its horns with some settled positions of the law. In this post, I examine the provision of the section in line with the decision in Ogbunyiya v. Okudo and suggests for a review of the provision.
Law and Legal Issues