Nigerian Legal System - Executive Institutions PDF

NIGERIAN LEGAL SYSTEM.  EXECUTIVE INSTITUTIONS/BODIES CONNECTED WITH THE ADMINISTRATION OF JUSTICE IN THE NIGERIAN LEGAL SYSTEM. For the purpose of this topic, the administration of justice may be defined as the process by which the legal system of a government is executed. It...

NIGERIAN LEGAL SYSTEM.  EXECUTIVE INSTITUTIONS/BODIES CONNECTED WITH THE ADMINISTRATION OF JUSTICE IN THE NIGERIAN LEGAL SYSTEM. For the purpose of this topic, the administration of justice may be defined as the process by which the legal system of a government is executed. It includes the personnel, activity, and structure of the justice system. Specifically, it includes those who work to investigate crimes, those who work in the trial process of the alleged crimes, laws that govern investigative and court room activities, and the courts themselves. It also includes agencies involved in the training, continuing legal education, appointment and discipline of personnel involved in the administration of justice and those vested with the duty of formulation of relevant policies.  LEARNING OUTCOMES: At the end of the lesson, students would be able to: 1. List and explain the various institutions involved in law enforcement and prosecution. 2. Explain the duties of the Ministries of Justice and affiliated institutions in the administration of justice in Nigeria. 3. Explain the role of the Judiciary and its affiliated institutions in the administration of justice in Nigeria. 4. Explain the establishment and functions of: (i) Office of the Attorney-General of the Federation. (ii) The Nigeria Police Force. (iii) Nigerian Correctional Service. PART A.  LAW ENFORCEMENT AGENCIES IN NIGERIA. Law enforcement agencies are agencies of government usually the executive arm of government vested with the duty(ies) of enforcing general or specific laws. Such laws usually have penal provisions in them to be melted out on convicted violators. Most times, these agencies have the powers of investigation and prosecution. Such agencies exist at the three levels of government in Nigeria but our focus here will be on those at the federal level. 1. National Agency for Prohibition of Traffic in Persons (NAPTIP). 2. National Drug Law Enforcement Agency (NDLEA). 3. Nigeria Customs Service. 4. Nigeria Federal Road Safety Commission. 5. Nigeria Immigration Service. 6. Nigeria Security & Civil Defence Corps (NSCDC). 7. Nigeria Police. 8. Nigerian Correctional Service. 9. Economic and Financial Crimes Commission (EFCC). 10. Independent Corrupt Practices Commission (ICPC)  THE MINISTRIES OF JUSTICE AND AFFILIATED AGENCIES. Our discussion of the agencies under the Ministry of Justice will be limited to that of the Federal Ministry of Justice and they include: (1) Council of Legal Education(CLE) (2) National Drug Law Enforcement Agency(NDLEA) (3) National Human Rights Commission. (4) Nigerian Copyright Commission. (5) Nigeria Institute of Advanced Legal Studies (NIALS). (6) Nigeria Law Reform Commission (7) Legal Aid Council of Nigeria. (8) Regional Centre for International Commercial Arbitration.  THE NIGERIAN JUDICIARY AND IT’S AGENCIES. The Judiciary is the arm of government vested with the judicial powers of the state by virtue of section 6 of the 1999 Nigerian Constitution. Its agencies include: 1. NATIONAL JUDICIAL INSTITUTE(NJI). 2. THE NATIONAL JUDICIAL COUNCIL. 3. THE FEDERAL JUDICIAL SERVICE COMMISSION AND THE STATE JUDICIAL SERVICE COMMISSION. 4. JUDICIAL SERVICE COMMITTEE OF THE FEDERAL CAPITAL TERRITORY, ABUJA. 5. THE CODE OF CONDUCT BUREAU AND TRIBUNAL.  INSTITUTIONS INVOLVED IN LAW ENFORCEMENT AND PROSECUTION IN NIGERIA. 1. National Agency for Prohibition of Traffic in Persons (NAPTIP). The Agency was created on 14th of July 2003 by the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2003. In 2015, as a result of the new trends in the crime of trafficking in persons and the need to further strengthen the institutional framework, the Act was repealed and the Trafficking in Persons (Prohibition), Enforcement and Administration Act, 2015 was enacted. The functions of the Agency includes but not limited to the enforcement and administration of the provisions of its Act; Co-ordinate and enforce all other laws on trafficking in persons and related offences; Adoption of effective measures for the prevention and eradication of trafficking in persons and related offences; etc. Currently, the agency is under the supervision of the Ministry of Humanitarian Affairs, Disaster Management and Social Development. 2. National Drug Law Enforcement Agency (NDLEA). The Agency was established by the National Drug Law Enforcement Agency Act of 1989 to enforce laws against the cultivation, processing, sale, trafficking and use of hard drugs and to empower the Agency to investigate persons suspected to have dealings in drugs and other related matters. 3. Nigeria Customs Service. The Nigeria Customs Service(NCS) is an independent customs service under the supervisory oversight of the Nigerian Ministry of Finance, responsible for the collection of customs revenue, facilitation of both national and international trade and anti-smuggling activities. The Customs & Excise Management Act (CEMA) Cap. 45, LFN, 2004 vests legal authority on the Nigeria Customs Service to act on behalf of the Federal Government of Nigeria in all Customs matters. The Act is supported by various other supplementary legislation. 4. Nigeria Federal Road Safety Commission. The Federal Road safety Corps is the Government Agency with statutory responsibilities for road safety administration in Nigeria. The Commission among other functions is empowered to determine and enforce speed limits for all categories of vehicles and controlling the use of speed limiting devices. In the exercise of its functions, members of the Commission have the power to arrest and prosecute persons reasonably suspected of having committed any traffic offence. See the Federal Road Safety Commission Act. 5. Nigeria Immigration Service. As empowered by Section 2 of the Immigration Act, 2015, the service is responsible for: The control of persons entering or leaving Nigeria, the issuance of travel documents, including Nigerian passports to bona fide Nigerians within and outside Nigeria. Border surveillance and patrol, enforcement of laws and regulations with which they are directly charged; and the performance of such para- military duties within or outside Nigeria as may be required of them under the authority of the Act or any other enactment. 6. Nigeria Security & Civil Defence Corps (NSCDC). The primary function of the NSCDC is to protect lives and properties in conjunction with the Nigerian Police. One of the crucial function of the corps is to protect pipelines from vandalism. The agency is also involved in crises resolution. See the NSCDC Act, 2007. The Corps among other functions is empowered to assist in the maintenance of peace and order and in the protection and rescuing of the Civil population during the period of emergency; Recommend to the relevant Minister the registration of private guard companies; maintain twenty-four hour surveillance over infrastructures, sites and projects for the Federal, State and Local Government. 7. Nigeria Police: Discussed in detail in subsequent slides. 8. Nigerian Correctional Service: Discussed in detail in subsequent slides. 9. Economic and Financial Crimes Commission (EFCC): The Economic and Financial Crimes Commission Act, 2004 mandates the EFCC to combat financial crimes. The Commission is empowered to prevent, investigate, prosecute and penalize economic and financial crimes and is charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes including: The Money Laundering Act 1995, The Money Laundering(Prohibition) Act 2004, The Advance Fee Fraud and Other Related Offences Act 1995, The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994, The Banks and other Financial Institutions Act 1991; and Miscellaneous Offences Act, any other law or regulations relating to economic and financial crimes, including the Criminal Code or Penal Code. See 6 and 7 of the Act. In addition, the EFCC is the key agency of government responsible for fighting terrorism. See S.15 of the Act. 10.Independent Corrupt Practices Commission (ICPC): The Commission is established by the Corrupt Practices and Other Related Offences Act, 2000. Section 6 of the Act provides for the duties of the Commission. The section provides that: “Where reasonable grounds exist for suspecting that any person has conspired to commit or has attempted to commit or has committed an offence under this Act or any other law prohibiting corruption, to receive and investigate any report of the conspiracy to commit, attempt to commit or the commission of such offence and, in appropriate cases, to prosecute the offenders; to examine the practices, systems and procedures of public bodies and where, in the opinion of the Commission, such practices, systems or procedures aid or facilitate fraud or corruption, to direct and supervise a review of them; to instruct, advise and assist any officer, agency or parastatal on ways by which fraud or corruption may be eliminated or minimized by such officer, agency or parastatal; To advise heads of public bodies of any changes in practices, systems or procedures compatible with the effective discharge of the duties of the public bodies as the Commission thinks fit to reduce the likelihood or incidence of bribery, corruption, and related offences; to educate the public on and against bribery, corruption and related offences, and to enlist and foster public support to combating corruption.  FEDERAL MINISTRY OF JUSTICE OF NIGERIA. There is a Ministry of Justice at the Federal level headed by the Attorney-General of the Federation and Minister for Justice and Ministries of Justices for each of the Thirty-Six States of the Federation headed by the State Attorney-Generals and Commissioners for Justice. The functions of the Ministries of Justice at the two levels of government in Nigeria are largely similar. The Federal Ministry of Justice is the legal arm of the Federal Government of Nigeria, primarily concerned with bringing cases before the judiciary that are initiated or assumed by the government. As stated earlier, it is headed by the Attorney General of the Federation who serves as the Minister of Justice. The Attorney-General is appointed by the President, and is assisted by a Permanent Secretary, who is a career civil servant. There are various departments in the ministry which includes but not limited to: Public Prosecution, Citizens Rights, Law Reporting, Finance and Administration, Planning, Research and Statistics, Legal Drafting, International and Comparative Law, Civil Litigation, Solicitors, Human Resource Management and Procurement.  FUNCTIONS OF THE VARIOUS DEPARTMENTS OF THE FEDERAL MINISTRY OF JUSTICE. It should be noted that new departments are created and the functions of existing ones altered from time to time and as the need arises. Some of these departments and their functions include: 1. The office of the Attorney-General of the Federation: The Attorney-General is the head of the Ministry. 2. The office of the Solicitor-General of the Federation and Permanent Secretary of the Ministry: The Solicitor-General is the Head of Administration and oversees the heads of the other departments of the ministry. 3. The office of the Director of Public Prosecutions (DPP): The DPP is in charge of all criminal cases in the Ministry. 4. The Director of Civil Litigation(DCL): The DCL is in charge of all civil cases in the Ministry. 5. The Legal Drafting Department: This office is in charge of the drafting of all proposed Executive Bills to be sent to the National Assembly. 6. The Law Reporting Department: This is the department in charge of law reporting of cases and production of law journals for the Ministry. 7. The Solicitors Department: This office renders legal opinions and advises to government, corporations and individuals. 8. The Citizens‘ Rights Department: This office handles public complaints and violations of human rights 10. Asset Recovery Department: This office is in charge of recovery of assets both locally and internationally. There are also departments of International Law and Administration of Justice.  CORE FUNCTIONS OF THE FEDERAL MINISTRY OF JUSTICE OF NIGERIA. 1. Ensuring access to justice for all persons and the observance of the rule of law and due process by all MDAs. 2. Prosecuting crimes against the State and defending civil cases on behalf of Government; Negotiating and vetting Contracts/Agreements on behalf of MDAs in order to protect national interest. 3. Rendering timely quality legal advice and ancillary services to MDAs through the pool of Legal Advisers posted to them. 4. Facilitating the early translation of Government policies into legislation through the Ministry’s legal drafting function. 5. Ensuring close collaboration with stakeholders, government agencies, civil society and the international community in order to improve on justice delivery. 6. Advising government on its treaty obligations, in addition to other sundry services to the legal profession. 7.Providing guidelines on international and local asset recovery regime. 8. Tracking of all assets recovered on behalf of the federal government by various law enforcement and anti-corruption agencies. 9. Assisting the Ministry of Finance in developing a Whistle-Blowers’ Policy. THE MINISTRIES OF JUSTICE AND AFFILIATED AGENCIES. COUNCIL OF LEGAL EDUCATION: The Council is established by Section 1 of the Legal Education Act, 1962 which later became the Legal Education (Consolidation etc) Act, 1976 contained in CAP.10, Volume 8, LFN, 2004. By Section 1(1) of the Act, the Council is a body corporate with perpetual succession and a common seal. It was established mainly to run the Nigerian Law School, particularly regarding policy matters. The functions of the Council are: Responsibility for the Legal Education of persons seeking to become members of the legal profession. See S.1(2) of the Act. The Council discharges this function through the institution of the Nigerian Law School, which gives professional and practical legal education to persons seeking to become legal practitioners; Continuing legal education for legal practitioners. See S.3 of the Act; The issuance of qualifying certificates to persons qualified for call to the Bar. See Section 5 of the Act. The Council also has incidental powers. The Act by Section 2(5) empowers the Council to do such things as are expedient for the purpose of its functions. NATIONAL HUMAN RIGHTS COMMISSION: The National Human Rights Commission of Nigeria is established by the National Human Rights Commission Act of 1995, as amended in 2010 for the promotion and protection of all human rights. In particular, the Commission has the mandate to deal with all matters relating to the protection of human rights in Nigeria as guaranteed by the Nigerian Constitution, the African Charter on Human and Peoples Rights, the United Nations Charter, the Universal Declaration on Human Rights and other international human rights treaties to which Nigeria is a party. By the 2010 amendment, the Commission now has quasi-judicial powers to summon persons, evidence and to award compensation and enforce its decisions. It also has power to visit any place of detention with a view to ensuring that detainees’ rights are not violated. See Part II Section 5 of the Act. The National Human Rights Commission will be discussed in detail under the topic Legal Aid and Advice. NIGERIAN COPYRIGHT COMMISSION: The Commission is established under section 34 of the Copyright Act (Cap C28, LFN, 2004). The Nigerian Copyright Commission was inaugurated on 19th August 1989, first as the Nigerian Copyright Council. It was elevated to the status of a commission in April, 1996. The Commission is the Government agency responsible for all copyright matters in Nigeria including the administration, regulation, enforcement and prosecution under the Copyright Act. The Commission may sue and be sued in its corporate name. NIGERIAN LAW REFORM COMMISSION: The Nigerian Law Reform Commission was established by the Nigerian Law Reform Commission Act No.7 1979. The functions of the Commission are stated in S. 5 of the Act thus: “It shall be the duty of the Commission generally to take and keep under review all federal laws with a view of their systematic and progressive development and reform in consonance with the prevailing norms of the Nigerian society including, in particular, the codification of such laws, the elimination of anomalies, the repeal of obsolete, spent and unnecessary enactments, the reduction in number of separate enactments, the reform of procedural laws in consonance with changes in the machinery of the administration of justice and generally the simplification and modernization of the law.” In the exercise of its statutory functions the Commission is expected to receive and consider proposals for reforms that may be referred to it by the Attorney-General of the Federation or it may initiate and submit to the Attorney-General from time to time programmes for the examination of different branches of the law and the formulation by means of draft legislation or otherwise of proposals for reform therein. The Commission is given power to consider proposals for the reform of state laws from any state, group of states or all the states and report to the appropriate Attorney-General or Attorneys General. See S. 7 of the Act. The Commission may also provide experts advice and information to the Federal Government Ministries, Departments or other institutions at the instance of the Federal Government with regard to proposals for the reform or amendment of any branch of the law. Pursuant to its programmes of law reform, the commission may conduct such seminars and, where appropriate, hold such public sittings concerning any programme for law reform as it may consider necessary from time to time. See S.5(5) of the Act. THE NIGERIAN INSTITUTE OF ADVANCED LEGAL STUDIES: Established by the Nigerian Institute of Advanced Legal Studies Act 1984, it is a body corporate with perpetual succession and common seal and may sue and be sued in its corporate name. The management of the Institute is undertaken by the Nigerian Institute of Advanced Legal Studies Council which is made up of the following members: A Chairman appointed by the President of Nigeria, a representative of the Federal Ministry of Justice; a representative of the Federal Ministry charged with responsibility for higher education; Six Deans or heads of faculties or other formations of Nigerian Universities offering graduate level programmes to be appointed by the President; The Director General of the Nigerian Law School; One member of the judiciary nominated by the Chief Justice of Nigeria; The President of the Nigerian Bar Association; Five persons of whom one shall be woman to be appointed by the President of Nigeria, and the Director-General of the Institute. Functions of the Institute: Section 4 NIALS Act, 1984 provides for its functions which are: To provide information, supervision, guidance and advice to post graduate students and other researchers who are working for post graduate degree of any university in the field of law and related subjects; to conduct research into any branch of the law or related subject with a view of the application of the results thereof in the interest of the country; from time to time to organize, host, arrange and conduct national or international seminars, symposia, conference, workshops, lectures on any branch of the law or related subject; to prepare and publish books, records, reports and journals as may seem desirable for the dissemination of research findings, seminars, symposia, conference, findings of workshops and lectures; To co-operate with Nigerian Universities, Nigerian Law School, the Nigeria Law Reform Commission and such other bodies (whether in Nigeria or elsewhere) engaged in any major field relating to law reform, development or research in the mobilization of the country’s research potentials for the task of national development and dissemination of research findings for the use of policy makers at all levels and to carry out such activities as are necessary and expedient for the full discharge of any of its functions under or pursuant to the Act. REGIONAL CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION. The Regional Centre was established under the auspices of the Asian-African Legal Consultative Organization (AALCO) in 1989 on the basis of a cooperation agreement through exchange of letters in 1980 between AALCO and the Federal Government of Nigeria as host. The main functions of the Regional Centre are: Promote international commercial arbitration in the African region; Administer international arbitration under the arbitration rules of the Centre which are based on the UNCITRAL Arbitration Rules, 1976; Render assistance in the enforcement of arbitral awards made under the auspices of the Centre; Render (arbitration related) advice and assistance to parties who may approach the Centre; administer domestic commercial arbitration governed by the Nigerian Arbitration and Conciliation Act, 1988; Provide administrative assistance and technical facilities to parties involved in ad hoc arbitral references for a fee. Provide facilities for arbitration under its cooperation agreements with the International Centre for the Settlement of Investment Disputes (ICSID), London Court of International Arbitration(LCIA), American Arbitration Association International branch, Dublin(AAA), City Dispute Panel in London and China. The definition of ‘international’ and ‘commercial’ under the Rules are very wide. Arbitration of a dispute of an international character means the parties involved in the dispute are resident in or nationals of two different jurisdictions or the dispute itself involves international commercial interests. On the commercial nature of disputes, the Regional Centre administers disputes arising from all forms of commercial transactions including those emanating from bilateral and multilateral trade agreements.  THE NIGERIAN JUDICIARY AND AFFILIATED INSTITUTIONS. Section 6 of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 generally provides for the judicial powers of the Federation and the States. It establishes the Superior Courts in the Country which are: the Supreme Court of Nigeria; the Court of Appeal; the Federal High Court; the National Industrial Court; the High Court of the Federal Capital Territory, Abuja; a High Court of a State; the Sharia Court of Appeal of the Federal Capital Territory Abuja; a Sharia Court of Appeal of a State; the Customary Court of Appeal of the Federal Capital Territory, Abuja; a Customary Court of Appeal of a State; Such other courts as may be authorized by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; Such other courts as may be authorized by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws and these courts shall be the only superior courts of record in Nigeria. It however empowers the National Assembly or any House of Assembly to establish courts other than those listed above with subordinate jurisdiction to that of a High court and conversely, the power to abolish any court which the relevant legislature has the power to establish or which it has brought into being.  THE NIGERIAN JUDICIARY AND AFFILIATED INSTITUTIONS. NATIONAL JUDICIAL INSTITUTE(NJI). The National Judicial Institute was established by Decree No.28 of 1991 as amended by Decree No. 15 of 1999, now Act N55 Laws of the Federation of Nigeria; 2004 which has been amended by the National Judicial Institute (Amendment) Act, 2016. It is managed by a Board of Governors, which is composed by the Chief Justice of Nigeria as Chairman, Attorney-General of the Federation and Minister of Justice, the most Senior Justice of the Supreme Court, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judges of all the 36 States and the Federal Capital Territory, two Grand Kadis of the Sharia Courts of Appeal and two Presidents of Customary Courts of Appeal, respectively, among other members. The objectives and functions of the Institute as provided by section 3 of the National Judicial Institute Act are as follows: 1. The Institution shall serve as the principal focal point of judicial activities relating to the promotion of efficiency, uniformity and improvement in the quality of judicial services in the superior and inferior courts in Nigeria. 2. In furtherance of the above, the Institute is empowered to conduct courses for all categories of judicial officers and their supporting staff with a view to expanding and improving their overall knowledge and performances in their different sections of service. 3. Provide continuing education for all categories of judicial officers by undertaking, organizing, conducting and facilitating study courses, lectures, seminars, workshops, conferences and other programs related to judicial education; 4.Organize once in two years a conference for all Nigerian Judges of Superior and Lower Courts respectively. 5. Disseminate by way of publication of books, journals, records, reports or other means of information about any part of its activities to the extent deemed justified by the Board of Governors generally as a contribution towards knowledge and; 6. Promote or undertake any other activity which in the opinion of the Board is calculated to help achieve the purpose for which the Institute was established. THE NATIONAL JUDICIAL COUNCIL. The National Judicial Council is a body established under section 153(1) of the 1999 Constitution with powers relating to appointments and exercise of disciplinary control over Judicial Officers specified in paragraph 21 of Part 1 of the Third Schedule of the Constitution. By the same paragraph it also has power to collect, control and disburse all monies, capital and recurrent, for the judiciary and to deal with all matters relating to policy and administration.  THE FEDERAL JUDICIAL SERVICE COMMISSION AND THE STATE JUDICIAL SERVICE COMMISSION. Sections 153(1)(e) and 197(1)(c) of the Constitution of the Federal Republic of Nigeria, 1999 establishes the Federal Judicial Service Commission and the State Judicial Service Commission respectively and the composition and powers of each are also respectively contained in parts I and II of the Third Schedule to the Constitution. The Federal Judicial Service Commission has the power to advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of: the Chief Justice of Nigeria; a Justice of the Supreme Court; the President of the Court of Appeal; a Justice of the Court of Appeal; the Chief Judge of the Federal High Court; a Judge of the Federal High Court, and the President of the National Industrial Court; a Judge of the National Industrial Court; and the Chairman and members of the Code of Conduct tribunal. The Commission is also empowered to recommend to the National Judicial Council, the removal from office of the judicial officers listed above and appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission. The State Judicial Service Commission has the power to advise the National Judicial Council on suitable persons for nomination to the office of: the Chief Judge of the State; the Grand Kadi of the Sharia Court of Appeal of the State, if any; the President of the Customary Court of Appeal of the State, if any; Judges of the High Court of the State; Kadis of the Sharia Court of Appeal of the State, if any; and Judges of the Customary Court of Appeal of the State, if any. The State Judicial Service Commission shall subject to the provisions of the Constitution have the power to recommend to the National Judicial Council the removal from office of the Judicial officers listed above and to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and Customary Court of Appeal, Magistrates, Judges and members of Area Courts and Customary Courts and all other members of the staff of the judicial service of the State not otherwise specified in this Constitution. JUDICIAL SERVICE COMMITTEE OF THE FEDERAL CAPITAL TERRITORY, ABUJA. Section 304(1) of the 1999 Constitution of Nigeria provides that: “There shall be for the Federal Capital Territory, Abuja, a Judicial Service Committee of the Federal Capital Territory, Abuja, the composition and functions of which shall be as provided in Part III of the Third Schedule to the Constitution. Paragraph 2 of Part III of the Third Schedule to the Constitution states the powers of the Committee as follows: “To recommend to the National Judicial Council suitable persons for nomination for appointment to the office of – the Chief Judge of the Federal Capital Territory, Abuja, a Judge of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja, a Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja.” The Constitution also empowers the Committee subject to the provisions of the Constitution, to recommend to the National Judicial Council the removal from office of the judicial officers listed above. The Committee is likewise authorized to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja, magistrates, the judges and members of the District and Area Courts of the Federal Capital Territory, Abuja, if any, and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja not otherwise specified in this Constitution and of the Judicial Service Committee of the Federal Capital Territory, Abuja.  THE CODE OF CONDUCT BUREAU AND TRIBUNAL. The Code of Conduct Bureau and Tribunal are established by the Code of Conduct Bureau and Tribunal Act, 1991. In its Long Title, the Act is said to provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaint of corruption by public servants for the breaches of its provisions. Section 1 Part 1 of the Act provides that ‘there is hereby established a bureau to be known as the Code of Conduct Bureau(in this Act referred to as “the Bureau”). The Bureau shall consist of a chairman and nine other members who shall be – persons of unimpeachable integrity in the Nigerian society; and at the time of appointment, not less than fifty years. The chairman and the other members shall be appointed by the President subject to confirmation of the Senate. The chairman and any member shall vacate office upon attaining the age of seventy.’ By Section 2 of the Act, the aims and objectives of the Bureau shall be to establish and maintain a high standard of morality in the conduct of government business and to ensure that the actions and behaviour of public officers conform to the highest standards of public morality and accountability. Section 3 of the Act provides for the functions of the Bureau which are to: receive assets declarations by public officers in accordance with the provisions of the Act; examine the assets declarations and ensure that they comply with the requirements of the Act and of any law for the time being in force; take and retain custody of such assets declarations; and receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaints to the Code of Conduct Tribunal established by section 20 of the Act in accordance with the provisions of sections 20 to 25 of the Act. Provided where the person concerned makes a written admission of such breach or non- compliance, no reference to the Tribunal shall be necessary. Section 20 of the Act provides that ‘there is hereby established a tribunal to be known as the Code of Conduct Tribunal(in this Act referred to as ‘the Tribunal’). The Tribunal shall consist of a chairman and two other members. The chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law. The chairman and other members of the Tribunal shall be appointed by the President on the recommendation of the National Judicial Council. The National Assembly may by law confer on the Tribunal such additional powers as appear to it to be necessary to enable the Tribunal to discharge more effectively the functions conferred on it under this Act.’ Section 23(1) of the Act provides for the powers of the Tribunal to impose punishments: ‘Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection(2) of this section. Subsection 2 provides that: ‘The punishment which the Tribunal may impose shall include any of the following: vacation of office or any elective or nominated office, as the case may be; disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and seizure and forfeiture to the State of any property acquired in abuse or corruption of office.’ Subsection 3 provides that: ‘The punishments mentioned in subsection 2 of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.’ Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any to the proceedings. See S.23(4). Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection(4) of section 23 shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. See S.23(5). Nothing in section 23 of the Act shall prejudice the prosecution of a public officer punished under the section, or preclude such officer from being prosecuted or punished for an offence in a court of law. See S.23(6). The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section. See S.23(7). PART B. THE ATTORNEY-GENERAL OF THE FEDERATION: POWERS, DUTIES AND THE ADMINISTRATION OF JUSTICE. Section 150(1) of the 1999 Constitution provides that ‘There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.’ Sub-section 2 of the above section provides that ‘A person shall not be qualified to hold or perform the functions of the office of the Attorney- General of the Federation unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for not less than ten years.’ POWERS, FUNCTIONS AND DUTIES OF THE ATTORNEY-GENERAL. 1. Administrative Duties. 2. The role of the Attorney-General as Chief Law Officer of the State; and 3. The Attorney-General as the Guardian of the Public Interest. ADMINISTRATIVE DUTIES. ‘The Attorney-General is both the Chief Legal Adviser and the administrative head of the Ministry of Justice. This is why he is described as the Attorney-General and Minister of Justice. He is therefore, clothed with official legal assignments and bureaucratic functions.’ Like any other Minister, the Attorney-General is responsible for the day- to-day running of his Ministry. He tables his Ministry’s needs and problems to the Federal Executive Council. ‘He and nobody else, is answerable to the Government in respect of acts done by his Ministry.’ He is responsible for the formulation of legal policy, in the realms of legal education, law reform, administration of justice and the maintenance of ethics and good practice at the Bar. It is his duty to chart the directions for the development of the law during his tenure of office. The task of formulating and shaping legal policy is achieved mainly through the supervisory powers conferred on the Attorney-General by certain important statutory legal bodies. They are: (i)Council of Legal Education. (ii)Law Reform Commission.(iii) Legal Aid Council. (iv) Legal Practitioners Disciplinary Committee. The Attorney-General of the Federation also serves as a member of the Legal Practitioners Privileges Committee; which is the body charged with the responsibility of conferring the rank of Senior Advocate of Nigeria(SAN) on deserving members of the profession. He is also a member of the Body of Benchers. The body comprises the profession’s most distinguished and respected members charged with the responsibility of admitting new wigs to the profession. ‘The Attorney-General’s membership of these bodies in his capacity as a Government Minister and Legal Adviser of the State and a legal practitioner is a crucial one. The proper performance of his roles here involves the use of the positions of the three interests he represents to enrich the deliberations of these bodies, and influence their decisions positively for the progress of law and justice.’ See Bola Ajibola, SAN, supra. THE A.G AS THE CHIEF LAW OFFICER OF THE STATE AND LEGAL ADVISER TO THE GOVERNMENT. The Attorney-General sits as an adviser on the National Council of States. In the Federal Executive Council, he sits in his capacity as a Minister and also as a legal adviser to the Council. He defends and initiates all civil actions for and on behalf of the government. The Attorney-General owes a duty to himself and the legal profession to which he belongs to clearly advise his chief executive to desist from disobeying court orders. If after such clear advice, the chief executive be it the governor or president persists in disobeying court orders then the A.G should have the strength of character to protect his own integrity and that of the profession by resigning his appointment. See D.A. Ijalaye: ‘The Role of the Law Officer under Nigerian Law’ in ‘A Living Judicial Legend: Essays in Honour of Honourable Justice A.G. Karibi- Whyte(CON). Edited by Niki Tobi, Florence & Lambard (Nigeria) Ltd, Lagos, Nigeria, 2006. p.63. ‘The Attorney-General, who is the commissioner for justice in a state, is the chairperson of the Committee on the Prerogative of Mercy. It cannot be over-emphasized that this is another sacred and delicate duty exercisable by the governor after consultation with the committee presided over by the attorney-general. The attorney-general is therefore under a duty to ensure that in the interest of justice, the advice and recommendations rendered to the governor must be free from purely political and personal considerations’. See D.A. Ijalaye, supra at p. 61. See also Sections 175 and 212 of the 1999 Constitution on Prerogative of Mercy. ‘The A.G should also ensure the speedy trial of criminal cases and encourage the granting of bail in appropriate cases in criminal trials so as to effectively decongest the Prisons.’ See D.A. Ijalaye supra at p.64.  THE ATTORNEY-GENERAL AS A GUARDIAN OF PUBLIC INTEREST. His powers in this regard traverses both Criminal and Civil Proceedings. Criminal Proceedings: By Section 174(1)(a) of the 1999 Constitution(as amended), the Federal Attorney-General shall have power to (a) to institute Criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created by or under any Act of the National Assembly. See Sections 104(1), 106 of the Administration of Criminal Justice Act(ACJA), 2015. (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and (c) To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any authority or person. (2)The powers conferred upon the Attorney-General of the Federation under subsection(1) of this section may be exercised by him or through officers of his department. (3) In exercising his powers under this section, the Attorney-General of the Federation shall have regard to public interest, the interest of justice and the need to prevent abuse of legal process. Section 211(1) of the Constitution provides for the powers of the Attorney-General of a State in respect of public prosecutions. The Federal Attorney-General can institute criminal proceedings in respect of offences created by Federal Legislation, while the State AG can institute proceedings in respect of offences created by the State Laws. The Supreme Court held in Anyebe v The State(1986) 1 S.C 87, that the Benue State A.G cannot validly prosecute an accused for an offence under Section 28 of the Firearms Act, an offence under the exclusive legislative list of the 1979 Constitution except with the express authority by the A.G of the Federation to prosecute such offence. Note however that in Emelogu v The State(1988) 2 NWLR(pt.78) 524 and Sadiku v The State(2013) 11 NWLR(pt.1364) 191, the Supreme Court held that a State A.G could prosecute an accused under Armed Robbery(Special Provisions) Decree 1970 though the enactment is a Federal Legislation, as it is meant to operate within the state. Such law is usually deemed to be a law made by the state’s legislative body. See Mohammed v The State(2015) 10 NWLR (pt.1468) 496. Note however that the offences of robbery and armed robbery are equally provided for under the criminal and penal codes of various states and accused persons could be charged contrary to appropriate sections of these laws by the A.G of a State.  DELEGATION OF POWER BY THE ATTORNEY-GENERAL. The Attorney-General be it Federal or State can delegate his powers to any of the officers of his department. Note Sections 174(2) or Section 211(2) of the 1999 Constitution and Section 104(2) of the ACJA, 2015, which provides that the A.G’s powers can be exercised by him in person or any officer of his department. Even in the absence of an A.G these functions (with the exception of the powers of entry of nolle prosequi), can be carried out by officers of his department. See State v. Obasi (1998) NWLR(pt. 567) 686; AGF v A.N.P.P & 2 Ors(2003) 18 NWLR(pt.851) 182. The A.G in delegating his powers is free to delegate all his powers to his subordinates. See Ibrahim v The State(1986) 1 NWLR(pt.18) 650. In this case, the Supreme Court although frowned at the attitude of an A.G. delegating all his powers, still held that such delegation was valid. This because under Section174(3) or 211(3) of the 1999 Constitution, which applies to the whole section, the A.G. possesses an unquestionable discretion. The Court however noted that if the A.G. had delegated his powers to the Director of Public Prosecution(DPP) alone, it would be wrong for the DPP to delegate same to his subordinates. The maxim is ‘delegatus non potest delegare’ meaning ‘a delegate cannot sub delegate’. Note that where there is a blanket delegation by the A.G., a State Counsel can validly sign the information in his name, without naming the Attorney-General as the ultimate authority. See Ibrahim v. The State (supra). CAN A PRIVATE LEGAL PRACTITIONER PROSECUTE ON BEHALF OF THE ATTORNEY-GENERAL? It is a settled position of the law that in instituting criminal proceedings, the A.G. can after filing information in the court, call upon a private legal practitioner, or any officer of his department armed with a fiat to prosecute on his behalf. See FRN v Adewunmi (2007) All FWLR(pt. 368) 978. See also The State v Aibangbee (1988) 3 NWLR 548. The A.G. has an absolute discretion in deciding who to prosecute and for what offence(s), where several people commit the same offence(s). He need not give reasons for his decision. See A.G. Oyo State v DPP Oyo State (1982) 1 N.C.R. 209. The A.G. advises the police in the prosecution of cases and also has the power to take over the prosecution of any case. His discretion in exercising this power is absolute. See S.105 of the ACJA which provides that the Attorney-General of the Federation may issue legal advice or such other directive to the Police or any other law enforcement agency in respect of an offence created by an Act of the National Assembly. Where any proceeding is pending in respect of the offence for which legal advice or other direction referred to in subsection(1) of this section is given, a copy of the legal advice or direction shall be forwarded by the Attorney-General of the Federation or Director of Public Prosecutions to the court before whom the proceeding is pending. The Attorney-General of the Federation may request from the Police or any other agency for the case file in any matter in respect of an offence created by an Act of the National Assembly and the Police or other agency shall immediately send the case file as requested. See generally Sections 104-106 of ACJA on the powers of the Attorney-General under the Act and Sections 107 and 108 on the powers of the Attorney-General in relation to discontinuance of criminal cases and withdrawals from prosecution in trials and inquiries before a court. Under the ACJA, where a trial court finds that the defendant who is of unsound mind committed the act alleged, the court before which the trial has been held shall, where the act would have but for the findings of incapacity constituted an offence, order the person to be kept in safe custody in such place and manner as the court thinks fit and shall within 31 days of the order, report the case for an order of the Attorney-General of the Federation. The Attorney-General of the Federation may at his discretion order the defendant to be confined in a mental health asylum, prison or other suitable place of safe custody. In exercising this discretion, the Attorney-General of the Federation shall ensure that the defendant is placed in such facility as to afford him adequate care at the expense of the State. See Sections 285 and 286(1) and (2) of ACJA. NOLLE PROSEQUI. The A.G. under Section 174(1)(c) or 211(1)(c) of the 1999 Constitution has power to discontinue at any stage before judgment any Criminal proceedings. This is generally referred to the as the power of nolle prosequi. See also Sections 73 Criminal Procedure Law; 107(1) of the ACJA, 2015 and 253(2) Criminal Procedure Law of Lagos State. This power is exercisable by the A.G. in person, upon informing the court of his intention to discontinue the proceedings or by an officer of the A.G.’s department armed with a written authority of the A.G. See The State v Ilori (1983) 2 S.C. 155. Note that where there is no incumbent A.G. no officer of his department, not even the Director of Public Prosecutions(DPP) or Solicitor General can validly exercise the power of nolle prosequi on the A.G’s behalf. See A.G. Kaduna State v Hassan(1985) 2 NWLR(pt.8) 483. Distinguish this situation from the ordinary power of withdrawal conferred on the prosecutor under Section 75 Criminal Procedure Law of Lagos State to withdraw from criminal trial before a Court. In this respect, see Clarke v The A.G. of Lagos State(1986)1 Q.L.R.N. 119. The Court, under Section 75 Criminal Procedure Law, not only has to consent to the withdrawal, the prosecutor is enjoined to adduce reasons for such withdrawal. Compare with Section 108 of the ACJA, 2015. In the Clarke’s case, it was held that ‘Under section 75 of the C.P.L of Lagos State peculiar to trial in the Magistrates Court, a withdrawal with leave of court, before the accused has been called to make his defence, entitles the court to discharge and not acquit unless there are no merits in the case of the prosecution then it may acquit’. In exercising the power of nolle, the A.G. may be influenced by whatever reason, however frivolous. Consequently, the Supreme Court held in The State v. Ilori supra, that Section 191(3) of the 1979 Constitution which provides that the A.G. ‘shall have regards to public interest, the interest of justice and the need to prevent abuse of legal process’ is merely declaratory and not directory. If the A.G. therefore disregards the provision(s), the only sanction against him is removal by his appointer; adverse criticism by the public or instituting a civil claim against the A.G. but the plaintiff must be able to show the damages suffered. The effect of nolle, when effectively entered is a discharge of the accused person and not an acquittal. See Section 73(3) CPL, The State v Illori supra; Clarke v A.G. Lagos State, supra. The effect of this is that the accused may be subsequently prosecuted for the same offence. In respect of Section 75 CPL, the Court in the Clarke’s case held that: ‘Under section 301(1) of the CPL of Lagos State, a discharge stated to be on the merits has the same effect as an acquittal. If a discharge is not expressly stated to be on the merit, the intention may be gathered from reasons given for discharge or course of the case.’ In Civil Proceedings. The powers of the Attorney-General in relation to Civil Proceedings although not as well known as his powers in criminal trials are nevertheless as important. Here again, the Attorney-General is regarded as the sole defender of public rights. However, the Attorney-General’s powers in this regard are restricted to assertions of public rights or redress of public wrongs. Public wrongs are those torts or improper acts which are committed by individuals or government agents or agencies and which adversely affect the public at large. At Common Law, where a public wrong or tort such as a public nuisance is committed it is trite law that a private individual cannot go to court to redress such wrong unless he can show that he has suffered greater damage than other members of the public. The proper plaintiff where a public wrong is committed is therefore the Attorney-General. However, there is a Common Law procedure by which an individual may seek the consent of the Attorney-General to act as plaintiff to redress a public wrong. Such an action is described as a Relator Action. It is, however, at the absolute discretion of the Attorney-General that such consent may be given. The Attorney-General’s duty as the guardian of public interest in civil matters is very amply demonstrated in respect of the tort of public nuisance. It would however appear that this common law position has been voided by the Supreme Court in Adediran v Interland (1991) 2 N.S.C.C 707 at 719 lines 31-39, where the Court held that: “…thus the restriction imposed at common law on the right of action in public nuisance is inconsistent with the provision of S.6(6)(b) of the Constitution, 1979 and to that extent is void”. Other statutory duties of the Attorney-General are provided in varied legislations. Examples are – the duty of the Attorney-General with respect to the garnishee of money in the hands of a public officer where a private citizen has a claim against another citizen to whom the money is due from a Federal Government Department. Also, the memorandum of a company limited by guarantee shall not be registered without the authority of the Attorney-General of the Federation. See S.26(4) CAMA 2020. Generally, it is also within the purview of the Attorney-General’s powers to make arrangements for the setting up of the various Judicial and Administrative Tribunals.  THE NIGERIA POLICE FORCE. Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (CFRN),1999(as amended) establishes the Nigeria Police Force and expressly provides that no other police force shall be established for the Federation or any part thereof. See Section 214(1) CFRN. The Nigeria Police is organized and administered in accordance with the Police Act and the members of the Nigeria Police have such powers and duties as may be conferred upon them by law. Section 214(2)(b) of the Constitution. The Inspector-General of Police(IGP) is the head of the Nigeria Police Force. He is appointed by the President of Nigeria on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force. A Commissioner of Police for each State of the Federation who shall be appointed by the Police Service Commission. See Sections 215(1) (a) & (b) CFRN. The Nigeria Police Force is under the command of the IGP and any contingents of the Nigeria Police Force stationed in a State shall, subject to the authority of the IGP, be under the command of the Commissioner of Police of that State. See Section 215(2) CFRN. The President or such other Minister of the Government of the Federation as he may authorize in that behalf may give to the IGP such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the IGP shall comply with those directions or cause them to be complied with. The Governor of a State or such Commissioner of the Government of the State as he may authorize in that behalf, may give to the Commissioner of Police of that State such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with. Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such Minister of the Government of the Federation as may be authorized in that behalf by the President for his directions. The jurisdiction of the court is ousted from inquiring whether any, and if so what, directions have been given in this regard. See Sections 215(3), (4) & (5) CFRN. Subject to the provisions of the Constitution, the Nigeria Police Council may, with the approval of the President and subject to such conditions as it may think fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to the IGP or any other member of the Nigeria Police Force. See Section 216(1) CFRN. Before making any appointment to the office of the Inspector-General of Police or removing him from office the President shall consult the Nigeria Police Council. See Section 216(2) CFRN, 1999. Section of the Police Act, 2020 provides that the Police Force shall prevent and detect crimes and protect the rights and freedom of every person in Nigeria as provided in the Constitution, the African Charter on Human and Peoples Rights and any other law; maintain public safety, law and order; protect the lives and property of all persons in Nigeria; enforce all laws and regulations without any prejudice to the enabling Acts of other security agencies; Discharge such duties within and outside Nigeria as may be required of it under the Act or any other law; collaborate with other agencies to take any necessary action and provide the required assistance or support to persons in distress, including victims of road accidents, fire disasters, earthquakes and floods; facilitate the free passage and movement on highways, roads and streets open to the public; and adopt community partnership in the discharge of its responsibilities under this Act or under any other law; and vet and approve the registration of private detective schools and private investigative outfits.  THE NIGERIAN CORRECTIONAL SERVICE. The Nigerian Correctional Service (NCoS), formerly known as Nigerian Prison Service (NPS) is a government agency of Nigeria which operates prisons. The agency is headquartered in Abuja and it is under the supervision of the Ministry of the Interior. The name was changed from the Nigerian Prisons Service to the Nigerian Correctional Service by President Muhammadu Buhari on the 15th of August, 2019 after signing the Nigerian Correctional Service Act of 2019 into law. The law divides the Correctional Service into two main areas which are The Custodial Service and Non-custodial Service. The Nigerian Correctional Service is an arm of the Criminal Justice System domiciled in the Ministry of Interior. The Nigerian Correctional Service is a federal phenomenon i.e there are no State Correctional Services in Nigeria. Every Custodial Centre is a Federal Facility. The operation of the Service is supervised by the Ministry of Interior and the Civil Defence, Fire, Immigration and Corrections Board. The Nigerian Correctional Service Act, 2019 was enacted to repeal the Prisons Act Cap. P29 Laws of the Federation of Nigeria, 2004 and to make provisions for the administration of prisons and non-custodial measures in Nigeria and related matters. The Correctional Service consists of Custodial and Non-Custodial Service. See Section 1(2)(a)&(b) of the Act. The objectives of the Act are to ensure compliance with international human rights standards and good correctional practices; provide enabling platform for implementation of non-custodial measures; enhance the focus on corrections and promotion of reformation, rehabilitation and reintegration of offenders and establish institutional, systemic and sustainable mechanisms to address the high number of persons awaiting trial. Section 2(1) (a)–(b) of the Act. The functions of the Custodial Service are: taking custody of all persons legally interned; providing safe, secure and humane custody for inmates; conveying remand persons to and from courts in motorized formations; identifying the existence and causes of anti-social behaviours of inmates; conducting risk and needs assessment aimed at developing appropriate correctional treatment methods for reformation, rehabilitation and reintegration; implementing reformation and rehabilitation programmes to enhance the reintegration of inmates back into the society; initiating behaviour modification in inmates through the provision of medical, psychological, spiritual and counseling services for all offenders including violent extremists; empowering inmates through the development of educational and vocational skills training programmes, and facilitating incentives and income generation through Custodial Centres, farms and industries; administering borstal and related institutions; providing support to facilitate the speedy disposal of cases of persons awaiting trial; and performing other functions as may be required to further the general goals of the Service. See Section 10 (a) –(k) of the Act. Section 12(4) of the Act provides that where the Custodial Centre has exceeded its capacity, the State Controller shall within a period not exceeding one week, notify the: Chief Judge of the State; the Attorney- General of the State; Prerogative of Mercy Committee; State Criminal Justice Committee; and any other relevant body. With regard to the Federal Capital Territory, the Controller shall notify the Attorney-General of the Federation and Chief Judge of the Federal Capital Territory; The Controller-General shall notify the Attorney-General of the Federation and Chief Justice of Nigeria about the Correctional Centres in the country. Upon receipt of the notification referred to in subsection(4), the notified body shall, within a period not exceeding three months, take necessary steps to rectify the overcrowding. See also Section 111 of ACJA on returns by the Comptroller-General of Prisons. The section provides thus: ‘The Comptroller-General of Prisons shall make returns every 90 days to the Chief Judge of the Federal High Court, Chief Judge of the Federal Capital Territory, the President of the National Industrial Court, the Chief Judge of the State in which the prison is situated and to the Attorney-General of the Federation of all persons awaiting trial held in custody in Nigerian Prisons for a period beyond 180 days from the date of arraignment. The returns referred to in subsection(1) of this section shall be in a prescribed form and shall include: The name of the suspect held in custody or Awaiting Trial Persons; Passport photograph of the suspect; The date of his arraignment or remand; The date of his admission to custody; The particulars of the offence with which he was charged; The courts before which he was arraigned; Name of the prosecuting agency; and Any other relevant information. Upon receipt of such return, the recipient shall take such steps as are necessary to address the issues raised in the return in furtherance of the objectives of the Act. See Section 111(1)-(3) ACJA. The Correctional Service shall provide opportunities for education, training, vocational training as well as training in modern farming techniques and animal husbandry for inmates. See Section 14(1) of the Act. The Nigerian Non-Custodial Service is responsible for the administration of non-custodial measures, including: community service; probation; parole; restorative justice measures; and any other non-custodial measure assigned to the Correctional Service by a court of competent jurisdiction. See Section 37(1) of the Act.