Gender Accountability And Transparency In The Implementation Of ACJA

Access to justice promotes sustainable develop­ment by enabling active participation, reducing poverty, and strengthening peace and productivity in societies.

In Nigeria, however, women remain disproportionately ex­cluded from justice systems due to systemic barriers, societal norms, and gaps in legal imple­mentation. These challenges hin­der not only the fight for gender equality but also the credibility and effectiveness of the justice system.

The Administration of Crimi­nal Justice Act (ACJA) 2015 was introduced to reform Nigeria’s criminal justice system, but its implementation reveals signifi­cant issues, particularly regard­ing gender accountability and transparency.

While the ACJA has brought about critical innovations, its ef­fectiveness is undermined by gen­der disparities, infrastructural limitations, and conflicts within existing legal frameworks.

Ensuring gender accountabil­ity within this law is not only a matter of fairness but also essen­tial for fostering a just, equitable, and credible legal system.

Women and marginalised groups must be able to access jus­tice without fear, bias, or systemic neglect.

This was the focus of a recent Policy Brief Presentation orga­nized by the CLEEN Foundation in Lagos , where stakeholders gathered to examine gender-spe­cific challenges in the implemen­tation of the ACJA and propose actionable solutions.

The implementation of the ACJA 2015 reveals significant gaps that disproportionately af­fect women and marginalised de­mographics. These issues include gender biases in legal provisions, limited law enforcement support, and inadequate facilities for de­tainees.

One glaring example of gender disparity lies in Nigeria’s crimi­nal codes, where physical harm to women is treated as a misde­meanour, while the same harm to men is categorized as a felony. Such legal inconsistencies reflect a systemic undervaluing of wom­en’s rights and protection.

Furthermore, the coexistence of customary laws with statu­tory laws creates confusion and inconsistencies, especially in gen­der-sensitive cases.

In states like Katsina, for in­stance, females are still not al­lowed to stand as sureties, con­trary to the ACJA’s provisions.

The poor detention conditions in correctional facilities also reveal troubling gender-related issues. In Cross River State, a 16-year-old girl was found de­tained alongside adult male in­mates, a clear violation of human rights and due process. In Delta State, the situation is exacerbat­ed by infrastructural deficiencies, as the entire state reportedly has only seven police lawyers to rep­resent detainees. This critical shortfall limits access to legal representation for women and other vulnerable groups.

Gender-Based Violence (GBV) remains a significant challenge due to conflicts between the Penal Code and the Violence Against Persons Prohibition (VAPP) Law. Under the Penal Code, the age of consent is set at 15 years, where­as the VAPP Law classifies any sexual act involving a minor as rape. Such contradictions create legal loopholes that undermine justice for survivors. Cultural stigma, fear of retaliation, and lack of awareness further dis­courage women from reporting GBV cases, leaving perpetrators unaccountable.

Additionally, operational gaps persist within law enforcement agencies and the judiciary. In­stances of “arresting in lieu,” where women are detained in place of male suspects, remain prevalent. Police stations often fail to record statements, and courts lack protocols to imple­ment key provisions under the ACJA. There is also a notable disconnect between correctional facilities and courts, resulting in missed court dates and prolonged pretrial detentions.

Key Recommendations for Gender Accountability and Transparency

To address these systemic is­sues, a structured, gender-respon­sive approach must be adopted to enhance the implementation of the ACJA 2015. The following recommendations outline the necessary steps for ensuring transparency, accountability, and inclusivity within Nigeria’s justice system

Strengthening Legal Provisions and Eliminating Ambiguities

Gender biases within the crim­inal code must be eliminated. For example, physical harm to wom­en should carry the same legal weight as harm to men.

Conflicts between the Penal Code and the VAPP Law must be resolved to ensure uniformity in the definition of offences, partic­ularly around rape and the age of consent.

Specific sections of the ACJA, such as Section 20 on spousal bat­tery, must be reviewed to ensure clarity and effective prosecution.

The unauthorised publishing of survivors’ identities, as seen in Section 40(1), must be accompa­nied by clear penalties to protect survivors’ privacy and dignity.

Improving Detention Condi­tions and Correctional Facilities Infrastructural investment is critical to address deficiencies in correctional facilities. Security, healthcare, and proper detention protocols must be prioritised to ensure humane treatment of fe­male inmates.

Correctional facilities must implement policies that prevent minors, particularly young girls, from being detained alongside adult men.

Increased funding is needed to provide adequate legal repre­sentation through more pro-bono lawyers, particularly in states like Delta with severe shortfalls.

Enhancing Law Enforcement and Judiciary Operation Law en­forcement agencies must adopt a zero-tolerance approach to prac­tices such as “arresting in lieu” and the refusal to allow women to sign or stand as sureties.

Police stations should be equipped with modern interview rooms, digital evidence-gathering tools, and gender-responsive com­plaint structures.

Court systems must devel­op protocols for implementing non-custodial sentencing and en­suring timely hearings. Non-cus­todial sentences should include extensive community-based social services, beyond merely sweeping court premises.

Promoting Awareness and Training

Awareness campaigns must be conducted to educate citizens, particularly women, about their rights under the ACJA and relat­ed laws.

Law enforcement and judicial personnel require ongoing train­ing on gender sensitivity, GBV response, and legal reforms to ensure compliance with ACJA provisions.

Emotional and psychologi­cal abuse must be prioritized in public awareness campaigns to address underreported issues af­fecting women.

Collaboration Among Stakeholders

A gender accountability road­map must be devised to tackle challenges such as lack of col­laboration, inadequate monitor­ing frameworks, and insufficient feedback mechanisms.

Continuous institutional en­gagement among law enforce­ment agencies, judicial person­nel, and correctional officers is critical to bridging operational gaps.

Public hearings should be mandated for all relevant bills to ensure citizen participation and inclusivity in legal reforms.

Addressing Gender-Based Violence and Survivors’ Needs

Specialised courts for minor victims of GBV cases, similar to juvenile courts, should be es­tablished to ensure sensitive and effective handling of such cases.

Law enforcement agencies must improve their support for GBV survivors through gen­der-responsive complaint mech­anisms and trauma-informed approaches.

Monitoring, Funding, and Feedback Mechanisms

Existing frameworks must be strengthened with gender-respon­sive budgets to prioritize reforms that directly impact women and marginalized groups.

Bail processes must be stream­lined, with a maximum pretrial detention period of three months to prevent prolonged incarcera­tion.

Effective monitoring and feed­back mechanisms should be es­tablished to track the progress of ACJA implementation and address identified gaps promptly.

The Way Forward

The CLEEN Foundation, sup­ported by the MacArthur Foun­dation, has been at the forefront of advocating for these reforms. Speaking during a recent Policy Brief Presentation on Gender Accountability and Transparen­cy in the Implementation of the ACJA 2015, Salaudeen Hashim, Program Director at CLEEN, em­phasized the need for coordinated efforts to address the infrastruc­tural and operational gaps that hinder ACJA compliance.

Hashim stressed that invest­ments in modern tools for po­lice service points, correctional facilities, and court systems are critical to achieving the goals of the ACJA. He further noted the importance of integrating non-custodial sentencing with social services to foster commu­nity rehabilitation.

Blessing Abiri, Head of CLEEN Foundation Lagos, reaffirmed the Foundation’s commitment to driving reforms that prioritize transparency, accountability, and inclusivity.

She emphasized the need for a comprehensive analysis to evalu­ate the adherence of law enforce­ment agencies, the judiciary, and civil society organizations to ACJA provisions.

Ensuring gender accountabil­ity and transparency in the im­plementation of the ACJA 2015 is pivotal to achieving a just and equitable criminal justice system in Nigeria.

By addressing systemic bias­es, improving operational capac­ities, and fostering collaboration among stakeholders, the justice system can begin to meet the needs of all citizens, particularly women and marginalized groups.

A structured, gender-respon­sive approach, combined with continuous monitoring and pub­lic engagement, will lay the foun­dation for a credible and inclusive legal framework that promotes fairness, equity, and sustainable development for all Nigerians.

By Titilope Joseph

Gender Accountability And Transparency In The Implementation Of ACJA