JURISPRUDENCE AND PROCEDURE OFADJOURNMENT UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

Abstract

The procedure for adjournment in criminal trials is often misunderstood to have no constitutional or statutory backing thereby implying that a Judex can use his whims to decide whether to grant or refuse an application for adjournment. To untangle this legal maze, this paper deployed the doctrinal research method to examine provisions of both the Constitution of the Federal Republic of Nigeria, 1999 as amended and the Administration of Criminal Justice Act, 2015 on the import or meaning of the right of every person who is charged with a criminal offence to be given adequate time and facilities for the preparation of his defence. Plethora of relevant judicial decisions were also considered. The paper established that adjournment during trial is both constitutional and statutory and may be granted either upon application of party or under specific provisions and circumstances itemised in the Administration of Criminal Justice Act, 2015. The paper further established that adjournment is of crucial importance in criminal adjudication although its grant or refusal is a judicial discretion that must be exercised judiciously. Hence, the paper recommended digitization of Court processes to minimize manual writing, associated time wasting and tedium that often defeat speedy dispensation of justice.