AVERTING DELAY TACTICS AND CRIMINAL TRIALS IN NIGERIA.PART 4

That section 396(2) made the provision mandatory on the trial court using the word'shall'defeats discretion and imposesobligation.Though contrary views abound in some circles,arguing that the provision section 396(2) of the ACJA,contradicts the section 294(1) of the 1999 constitution.It provides that courtestablished by the constitution,shall within 90 days of final addresses and evidential conclusion deliver its final judgement.Contrary to the provision ofthe constitution,the disputed section of ACJA,provides that when a trial court adjourns ruling on preliminary objection,until after subtantive issues'conclusion,scholars conclude it is possible not to deliver judgement or ruling,within 90days window as guarranteed by the constitution.They argue there is no guarantee,the entire trial proceedings within 90day will be concluded.( Aileru:2016).They admit the constitutional provision only applies to final judgementand not preliminaryrulings duringthe trial proceedings and if given wide interpretationgeteffect.