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Senate moves to amend ACJA Act to allow convict presumed innocence until determination of appeal

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By Adekunle Adesuji

Senate on Wednesday began Amendment of Administration of Criminal Justice Act (ACJA) to allow  Persons convicted by the lower court  to be presumed innocent   pending the determination of a valid appeal’s   ruling..
The Amendment Bill which was passed into second reading was sponsored by Senator Chukwuka Utazi.
This amendment is coming at a time when two Senators have been convicted at lower court for corruption, namely ,.Senator Bassey Akpan and Senator Peter Nwabochi. despite appealing the Judgement of lower court.
According to the Lawmakers, the proposed legislation is to avert  sufferings the convicted persons whould have undergone between the period he was sentenced and when  set free by the appellant Court
Leading debate on the amendment, Senator Utazi said, “Bail is a fundamental principle of criminal justice system in every civilised society. 
“The constitutional fundamental rights to liberty and the presumption of innocence are also germane. 
“A situation where a person is convicted, sentenced and committed to prison custody and spends out a term especially where he has a pending valid appeal stands to produce an antithetical scenario if at the end of the day the appeal succeeds. 
“This scenario, to say the least, is far from serving the cause of justice. This is not the intendment of our justice system. This Bill therefore seeks to address this anomaly.
“It is also intended to enforce the presumption of innocence of an accused person pending the determination of a valid appeal.”
Supporting the amendment bill, Senator Gershom Bassey said, “This amendment goes straight to the fundamental human rights of each and every citizen of this country. It is important that these rights are enforced anytime.
 
 
“We cannot have men that are presumed innocent incarcerated so I fully support his Bill and urge the rest of the Senate to support it.”
 
Also speaking on.the Amendment,  the Deputy Senate President, Senator Ovie Omo-Agege said, “I thank Senator Utazi for bringing this Bill. This is an area that have been agitating in the minds of so many and will continue to do so unless something is done. I see a lot of merit in the Bill and I support this Bill.” 
 
After exhaustive debate, the Bill is read the Second Time and referred to the Committee on Judiciary, Human Rights and Legal Matters to report back within four weeks.

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