March 27, 2019

AVERTING DELAY TACTICS AND CRIMINAL TRIALS.PART 5

That is to encompass interlocutory rulings,and 'whatever effect,a long adjournment on a preliminary ruling may have on the constitutional '90days rule'is obviated by the constitution itself in section 294(5).' That section provides that the court decision shall not be set aside based on non compliance ground,with the 90days rule,it prescribed,unless failure to deliver verdict within stipulated period which led to miscarriage of justice to the complainant party,arguing against noncompliance. It must be ready to show with sufficient evidence,that admissibility of miscarriage.( Supreme Cout Case: Akoma V. Osenwokwu:(2014) 11 NWLR(pt1419).Let me end the piece with another revolutionary provision of ACJA is section 306 that abolished stay of proceedings practice,pending appeals'hearing at preliminary point.Two or three years after the ACJA promulgation,what has happened to the cases management overall not just administration of criminal justice only?The hope of cleaning the augean stable,continues adinfinitum .

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