International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 6 (2022)

Access to justice in Nigeria under the administration of criminal justice act 2015: Can the ruling on preliminary objection on jurisdiction be deferred until delivery of judgment on the substantive issues? examining section 396 (2) of the administration of criminal justice act 2015


Ugochukwu Charles Kanu, Nasiru Tijani, Balogun Hammed Funsho

It is a fundamental statement in law that Jurisdiction is the livewire of every trial whether civil or criminal. Where the court assumes jurisdiction to entertain a matter where the enabling Statute did not confer jurisdiction on it, such trial irrespective of how well conducted is a nullity amounting to an exercise in futility. The challenge on the jurisdiction of the court must be resolved before any other step is taken in the course of the trial. Consequent upon the promulgation of the Administration of Criminal Justice Act 2015, (hereinafter referred to as ACJA) the above narratives appears to have been whittled down when the Act provides that ruling of the court where its jurisdiction has been challenged will be delivered on the day of final delivery of judgment. In this Article, we set out to x-ray the intendment of section 396 (2) ACJA under reference as to whether it prohibits ruling on all manner of challenge to Jurisdiction of the Court or a specie of challenge to the court jurisdiction. Question as to whether or not the provision under reference enhances access to justice under the Criminal Justice Administration in Nigeria will be answered?
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How to cite this article:
Ugochukwu Charles Kanu, Nasiru Tijani, Balogun Hammed Funsho. Access to justice in Nigeria under the administration of criminal justice act 2015: Can the ruling on preliminary objection on jurisdiction be deferred until delivery of judgment on the substantive issues? examining section 396 (2) of the administration of criminal justice act 2015. International Journal of Law, Volume 8, Issue 6, 2022, Pages 125-129
International Journal of Law