March 27, 2019

AVERTING DELAY TACTICS AND CRIMINAL TRIALS IN NIGERIA.PART 3

Infact,the members of the public would have forgotten all about the case as new cases come up in the interval to warrant their urgent attention,including the public prosecutors,in the face of lethargy,automatically dies a natural death.No doubt these are the defects that ACJA2015,decides to correct.If you loose at section 396 of ACJA with particular relevance to address this problem effectively deals with the problem of raising preliminary objection to cause perpetual delays.It make provision that all preliminary objections are to be raised after the taking of plea by the accused persons. Unlike the old practice,section 396(2) provides that argument on a preliminary objection,are to be adopted along with substantive issues,and the ruling taken at about the time of delivering final verdict.Such ruling on preliminary objection,will no longer be delivered,now adjourned until the consideration of the main issues,after the hearing of case on meritsand at the conclusion of trial,stopping that delays as implication

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