Conduct of Trial within Trial - Any More Relevance Post Administration of Criminal Justice Act, 2015?

Abstract

This paper argued that on the state of the law, following the passage of the 
Administration of Criminal Justice Act (ACJA), 2015, there is no juridical basis for continued conduct of trial within trial in the criminal justice system in Nigeria. Deploying the doctrinal research method, the paper critically analysed provisions of the Evidence Act, 2011 as amended regarding requirement of conduct of trial within trial where voluntariness of confession is denied. This was done against the novel provisions of the ACJA 2015 prescribing that every confessional statement must be recorded on video in the presence of a legal practitioner or any authorised person so that the said recording can be tendered and played in Court as evidence to prove voluntariness. Based on landmark decisions of the apex Court on the ACJA provisions, the paper established that the provisions of the ACJA 2015 are mandatory and failure to observe them renders the confession inadmissible. In view of this paradigm shift, it was recommended that the Courts should discard the time-wasting procedure of trial within trial and insist on non negotiable compliance with the mandatory provisions of the ACJA that confessional statement must be recorded on video in the presence of Counsel or other approved persons.