THE DISTRICT PROSECUTION SCHEME UNDER THE ACJL 2015: PURPOSE, IMPACT, AND REFORMS.

The District Prosecution Scheme is a strategic initiative by the Lagos State Ministry of Justice designed to enhance the criminal justice system by deploying state counsel to magistrate courts to vet charges before they are filed. This intervention aims to ensure that only cases with a sufficient evidential threshold proceed, thereby checking the abuse of prosecutorial power and reducing systemic congestion.

The Genesis and Function of the District Prosecution Scheme

The scheme was recommended by the Advisory Committee on the Review of Prosecution of Criminal Cases and began implementation in April 2020. It was a direct response to the challenges posed by the prosecution of cases in magistrate courts by non-lawyer police officers (lay prosecutors), who often lacked the legal skill to adequately respond to defence challenges, leading to inefficiencies.

The core function of the deployed District Prosecutors is to serve as a filter mechanism. They vet charges and review case files presented by Investigating Police Officers (IPOs) to ensure they satisfy the "reasonable suspicion" clause of the 1999 Constitution and the "probable case" provision of the Administration of Criminal Justice Law (ACJL). This pre-trial scrutiny ensures that only cases meeting the required evidential threshold are filed before a magistrate for trial or remand.

Impact on the Administration of Justice

The scheme has introduced several key benefits to the criminal justice process in Lagos State:

1. Reduction of Unmerited Cases: By vetting charges at the earliest stage, the scheme prevents matters that are civil in nature or lack credible evidence from unnecessarily clogging court dockets and leading to the detention of individuals. This directly addresses the issue of citizens being detained for civil wrongs, a practice which the ACJL seeks to prohibit.

2. Promotion of Speedy Justice: With a reduced caseload of properly vetted cases, the magistrate courts can proceed with matters that have actual merit more speedily. This aligns with the overarching purpose of the ACJL to ensure the "speedy dispensation of justice".

3. Decongestion of Correctional Facilities: A significant consequence of preventing unmerited charges is the reduction in the number of individuals remanded in correctional facilities without cause. This helps decongest the "extremely congested" facilities, where awaiting trial inmates had previously made up about 85% of the population.

4. Upholding the Authority of the Attorney-General: The scheme ensures that the Attorney-General's prosecutorial mandate, vested by Section 211 of the 1999 Constitution, is properly represented and consistently applied at the district court level.

Judicial Authorities and Legal Framework

The District Prosecution Scheme operates within a clear legal and constitutional context:

1. Constitutional Foundation: The superintending power over criminal proceedings in a state is constitutionally vested in the Attorney-General of the State by Section 211 of the 1999 Constitution of the Federal Republic of Nigeria. The District Prosecutors are state counsel through whom the Attorney-General exercises this constitutional power.

2. Statutory Backing: The scheme is an operational strategy for implementing the objectives of the Lagos State Administration of Criminal Justice Law (ACJL). The ACJL was enacted to promote efficient management of criminal justice institutions and the speedy dispensation of justice.

3. Judicial Endorsement of Prosecutorial Oversight: While the Police have prosecutorial powers under the Police Act, the Supreme Court in Osahon v. FRN confirmed that these powers are subject to the overriding constitutional oversight of the Attorney-General concerning state offences.

Future Outlook and Reforms

The Lagos State government acknowledges that the full potential of the scheme is yet to be realized and has adopted a phased implementation approach. The scheme was initially deployed to three pilot magisterial districts: Ebute-Metta, Ikorodu, and Ogba.

The ultimate goal, as recommended by the Advisory Committee, is the eventual establishment of an independent Lagos State Prosecution Service and the gradual phasing out of lay police prosecutors from criminal prosecutions in magistrate courts to prevent a systemic gridlock.

References & Endnotes:

1. Section 211, Constitution of the Federal Republic of Nigeria, 1999.

2. Osahon v. FRN – Established that police prosecutorial powers are subject to the Attorney-General's authority.

3. Lagos State Administration of Criminal Justice Law (ACJL) 2011 (as amended).

4. Communique of the Lagos State Ministry of Justice (21st February 2020).

Written by: Lydia Ehisuoria Ohonsi, Esq.

Date: November 2025.