Baba Abdul Bala · Emotional – Sweet/Sour Great Networkers they are natural born promoters, see...

Baba Abdul Bala*Social and Behavioural Change Communication Analyst

*Business Coach*Career counsellor

*Public Speaking Coach

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• Listen to your body• Connect your feelings with your

thoughts• Don’t interrupt or change the subject• Don’t judge or edit your feelings too

quickly• See if you can find connections

between your feelings and other times you have felt the same way

• If you don’t know how you’re feeling, ask someone else

• Tune in to your unconscious feelings

• Ask yourself• Write thoughts and feelings down• Know when enough is enough

FUNDAMENTALS OF EMOTIONAL INTELLIGENCE FOR EFFECTIVE JUSTICE DELIVERY

BY BABA ABDUL BALA, (SOCIAL AND BEHAVIOURAL CHANGE COMMUNICATION

ANALYST, NEURO LINGUISTIC PROGRAMMER, BUSINESS COACH, CAREER

COUNSELLOR, PUBLIC SPEAKING COACH) – FRIDAY12TH July, 2019

Training Objectives:

1. To define emotions and Emotional Intelligence (EI)

2. To distinguish emotional intelligence from other forms of intelligences

3. To understand the essentials of emotional intelligence at work, to life and relationships

4. To raise personal awareness

5. To understand people and their personality types

6. To positively reframe our perspective of people and situations in order to operate and

adapt more positively

7. To recover from negative experiences with people and situations quicker

8. To increase awareness of others and social situations

9. To enhance working and personal relationships with others

10. To build a mental mechanism of success at work, life and relationships

PERSONALITY TYPES

Prospecting is like fishing…… Fishermen know different fish like different bait. Some like

maggots, some like worms and grubs, and some even use hotdogs! When prospecting,

remember,different people like different bait. People will have different motivations for

looking to join the business; your job is to find out their WHY!

Have you ever wondered why you seem to hit it off right away with some people/ prospects,

while with others it’s really hard work and more like oil and water? The answer may lie in the

field of psychology that tells us that we are born into one of four primary personality or

temperament styles.

People Buy from People They Like! ……and feel comfortable with! Our

Personality/Temperament style not only determines our behavioral traits, body language

patterns and buying style, but it also influences our compatibility with other people. A

person’s personality is determined genetically. It has nothing to do with his or her astrology

sign, birth order or childhood experiences, race or gender. This business is a people

business…. The more you learn about people the more your business will grow!

Understanding People! There are many ways to label the 4 personality types, the

descriptions I like best are from success coach Dani Johnson who labels them Gems. As we

are all very precious. Sapphire Pearl Emerald Ruby

Find The Right Bait! What attracted you to this profession? Extra Income?Prestige, Meeting

new people?Time Freedom? You should know what attracted you to law. Each of these four

primary behavioural styles requires a different approach and strategy. Don’t try to force

your bait down the prospects throat! Most people can have a mixture of traits from the

various groups, but they will have a higher % trait from their natural group.

Let’s have a bit of Fun! What is your personality type? What is your Partners Gem?

Sapphire! Make up 15% of the population. They “just want to have fun.” Extroverted -

Enthusiastic – Loud- Risk Takers - Motivators- Sociable - Impulsive - Optimistic –Persuasive –

Emotional – Sweet/Sour Great Networkers they are natural born promoters, see the good in

people and situations, they are idea’s people, they know lots of people, love having and

going to parties! Get bored easily unless fun and exciting. Unorganised and are always late.

The tend to be in a sales business/ promotions of some kind. They are Great Connectors and

are the planet’s most creative people. You tend to know them by the clothes they wear,

jewellery, ties, hairstyle etc.

How to Prospect a Sapphire.The’re playful and friendly and prefers a fast paced and

enthusiastic presentation style. Use a short warm up and allow extra time in your

presentation for them to talk. The Sapphire can be impulsive shoppers and are quick to

make a decision. Keywords to use are exciting, fun and enthusiastic, innovative. The key to

making a sale to a Sapphire is to keep them focused on the presentation and allow time for

them to express their feelings. They seek social acceptance and are concerned about what

other people think of them. They love recognition, praise. They ask "who" questions. Keep

your presentation big picture and avoid giving them too much detail. Consider using

pictures, pie charts or graphs when presenting to this style. If you have a meeting arranged

with a sapphire just expect them to be late. It’s the way they are wired!

Pearl Pearls make up 35% of the population. “They’re life’s helpers” They are the nurses,

schoolteachers, the nurturers. In business they are Holistic Therapist, Life Coaches,

Relationship Coaches They’re Patient, Polite Introverted, Indecisive, Thoughtful and

Sympathetic, and are motivated by a cause. They’re life’s hoarders. They have too much

cluttered to be organised, because they find it hard to throw away thing away in Life they

give from the heart. They don’t have time for themselves, because they give to everybody.

Their major weakness is "self-esteem management.

"They are great listeners, but avoid conformation and arguments. They Sit on the Fence.

They enjoy routine, and do not like change but will adapt to it. Sometimes a Pearl is really a

burnt out Ruby or Sapphire

How to Prospect a Pearl. Pearls are big on Trust. Build Trust and Rapport. They don’t want to

be sold and are sensitive to conflict or sales pressure. They don’t like pushy, aggressive

salespeople. When you talk with a pearl become a pearl. Slow the pace. Contain your

excitement. Lower the volume. Pearls see excitement as hype and they’ll be turn right off.

Instead, visit with them, meet them for a coffee, unlike the impatient Ruby need extra time

to warm them up. Talk about their family, their kids, their vacation.They have a need to

accommodate others and tend to ask "how “questions. Keywords to use when presenting

to this style are family, service and harmony. Help them make a decision by giving them

assurance. They dislike having to make decisions and are natural born procrastinators who

love the status quos.

The Emerald. The Emerald are 35% of the population. They are the Accounts. Lawyers,

Engineers, IT People. Predictable , Love Systems, Persistent, Punctual, Introverted -

Thoughtful - Organised - Critical - Shy - Detailed - Pessimistic - Secretive - Aloof They’re the

analytical people. They analyse it to death. They’ve missed out on great business

opportunities because they analysed it too long. The Emerald can take the Sapphires idea to

the next level. They believe they’re the smartest people on the planet. They are very

discerning and wise. With an Emerald ... in 2-3 minutes, you’ll know you have an Emerald.

Desk is very tidy, they asked lots of questions. They want ALL the details. You are NOT going

to sell them. Don’t even try. They have to sell themselves. They’ll go to the web site,. Then

they’ll go to the next website and the next link. If you have 27 links on your website, they’ll

go to everyone. They’ll read all the testimonials, all the articles.

How to Prospect an Emerald. The cautious Emerald prefers a slow, detailed presentation

style and warms up slowly. Speak clearly and not too fast, not too slow. Be upfront. Give

them all the information.Whatever you do don’t turn up late and be unprepared and ensure

there’s no spelling mistakes in your presentation. They are sceptical and typically research

before they purchase. They want detailed information and they tend to ask "why"

questions. Give them Facts and Figures. Keywords to use are quality and guarantees, Give

them evidence, facts, testimonials. Their frugal nature will cause them to make certain they

are not paying too much. Answer all their questions. If you call in the meantime to answer

questions, they’ll be abrupt. They see you as you being pushy. Let them analyse the

information at THEIR pace. In a week or 2 or 3, they’ll call back for more information or ready

to buy they’ve sold themselves. Sapphires feel interrogated by Emeralds and they can go on

the defensive.

The Ruby. The Ruby are 15% of the population. “Life’s leaders” They are the corporate CEOs,

MD’s, the "get-the-job-done" people. Extroverted - Determined - Hard Working - Controlling

- Practical - Self- reliant - Decisive - Insensitive - Domineering – Demanding -Impatient Their

major weakness is "anger management". Under pressure they will work harder and may

become ill-natured, snappy or explosive. They tend to have the biggest egos, tend to order

people around and need to get the credit for things. They are well-connected. It’s worth the

effort to network/prospect with them because they’ll put you in contact with powerful

people. They know the movers and shakers, business owners, leaders, etc.

How to Prospect a Ruby. The impatient and goal-oriented Ruby prefers a quick, bottom line

presentation style. They expect you to be on time and well prepared. They like it when you

avoid small talk and get right down to business. Dont bother talking to them about your

family or your vacation. They don’t care. They know if you get married, you’re supposed to

have kids. If you have kids, you’re supposed to go on vacation. End of story. Don’t want to

talk about it. The Ruby is generally quick to make a decision. They are focused on results and

ask "what" questions. Keywords to use when presenting to a Ruby are results, money,

speed and control. Give them options so you don’t threaten their need for control. If a ruby

goes on a path of personal development, the result can be amazing. They are often feeling

put down and misunderstood.

Emotional Intelligence

Many of us are aware of IQ (Intelligence Quotient). Designed to measure intellectual

intelligence, it gives a score from a series of tests. Higher IQs indicate better cognitive

abilities, or the ability to learn and understand. People with higher IQs are more likely to do

well academically without exerting the same amount of mental effort as those with lower IQ

scores.

Is emotional intelligence a theory? Leadership is Emotional, and Emotional intelligence

theory and Leadership go hand in hand. – but first, some quotes: Emotional Intelligence – “is

the ability to monitor one's own and other's emotions, to discriminate among them, and to

use the information to guide one's thinking and actions” (Salovey& Mayer 1990).Mar 5, 2016

A logical assumption, therefore, is that people with higher IQs will be more successful at

work and through life. This assumption has been proven incorrect – there is more to success

than simply being ‘clever’.

Emotional Intelligence (EI or sometimes EQ – Emotional Quotient) is a more modern

concept and was only fully developed in the mid-1990s, by Daniel Goleman, among others.

Benefits of Higher Emotional Intelligence

People with higher emotional intelligence find it easier to form and maintain interpersonal

relationships and to ‘ fit in ’ to group situations. People with higher emotional intelligence

are also better at understanding their own psychological state, which can include managing

stress effectively and being less likely to suffer from depression.

What are the basic principles of emotional intelligence? There is no correlation between IQ

and EI scores. In other words, academic aptitude (IQ) has no connection with how people

understand and deal with their emotions and the emotions of others (EI). This makes perfect

sense: we’ve all met very clever people who nonetheless had no idea about how to deal with

people, and the reverse.

Some people have high IQs and low emotional intelligence and vice versa, while some

people score highly on both and some do not.

What are the benefits of emotional intelligence? Emotional Intelligence (EQ) is the ability to

identify, use, understand, and manage emotions in an effective and positive way. A high EQ

helps individuals to communicate better, reduce their anxiety and stress, defuse conflicts,

improve relationships, empathize with others, and effectively overcome life's challenges.

How can emotional intelligence be developed in people? Connecting With Other People Be

open-minded and agreeable. Openness and being agreeable go hand-inhand when it comes

to emotional intelligence Improve your empathy skills Read people's body language See

the effect you have on others Practice being emotionally honest

IQ and emotional intelligence attempt to measure different forms of human intelligence;

along with personality, these measures make up an individual’s psyche. Emotional

intelligence is the one part of the human psyche that we can develop and improve by

learning and practising new skills.

Elements of Emotional Intelligence Daniel Goleman divided Emotional Intelligence into

‘Personal’ and ‘Social’ competences, which broadly split between personal and interpersonal

skills on Skills You Need. Within each of these sections are a range of skills which are the

elements of emotional intelligence.

Personal Skills or Competences Social Skills or Competences

1. Self-awareness Self-awareness encompasses: Emotional awareness Accurate self-

assessment Self-confidence Self-awareness is the skill of being aware of and understanding

your emotions as they occur and as they evolve. It is wrong to think of emotions as either

positive or negative. Instead, you should think of them as appropriate or inappropriate. For

example, anger is usually associated with being a negative emotion. However, it can be a

completely reasonable and appropriate emotion in certain circumstances – emotional

intelligence allows us to recognise our anger and understand why this emotion has

occurred. Effective self-assessment of feelings and emotions will help to improve your

confidence and self-esteem.

2. Self-regulation or Self-management Self-regulation includes: Self-control Trustworthiness

Conscientiousness Adaptability Innovation. Having learned to be aware of your emotions,

the skill of self-regulation relates to managing them appropriately and proportionately. Self-

management skills relate to the emotions you are feeling at any given time or in any given

circumstance and how well you manage them. Self-control is a fundamental part of this, but

other aspects relate to what you then do: whether you behave in a way which is recognised

as ‘good’ or ‘virtuous’ or not.

Motivation The final personal skills aspect of emotional intelligence is Motivation. Self-

motivation includes our personal drive to improve and achieve, commitment to our goals,

initiative, or readiness to act on opportunities, and optimism and resilience. Self-motivation

and personal time management are key skills in this area. Do not make unreasonable

demands on yourself, learn to be assertive rather than just saying, ‘Yes’ to the demands of

others.

Social or Interpersonal Skills or Competences Interpersonal skills are the skills we use to

interact with other people. They enable us to communicate appropriately and build

stronger, more meaningful relationships. Emotional intelligence includes how we

understand others and their emotions, and our actions and behaviours towards them. There

are two key aspects.

1. Empathy Empathy is an awareness of the needs and feelings of others both individually

and in groups, and being able to see things from the point of view of others. Empathy helps

us to develop a stronger understanding of other people’s situations. It includes

understanding others, developing others, having a service orientation, leveraging diversity,

and political awareness.

Empathy can often be difficult to achieve. Learn to listen effectively to both the verbal and

non-verbal messages of others, including body movements, gestures and physical signs of

emotion. Use questions to find out more about other people and what they are feeling, and

feedback to clarify that you have correctly understood their feelings. Acknowledge and

respect the feelings of others even if you disagree, and avoid making comments or

statements that are judgmental, belittling, rejecting or undermining.

2. Social Skills Social skills encompass a wide range of relationship and interpersonal skills.

These range from leadership through to influencing and persuading, and managing conflict,

as well as working in a team.The term ‘social skills’ covers a wide variety of skills and

competencies, many of which are rooted in self-esteem and personal confidence. By

developing your social skills, being easy to talk to, being a good listener, being sharing and

trustworthy, you also become more charismatic and attractive to others. This in turn

improves self-esteem and confidence which makes it easier for positive personal dialogue

and a greater understanding and acceptance of your own emotions.

According to Daniel Goleman, an American psychologist who helped to popularize

emotional intelligence, there are five key elements to it: Self-awareness, Self-regulation,

Motivation, Empathy and Social skills.

What are the qualities of emotional intelligence? This usually involves: emotional awareness,

which includes the ability to identify your own emotions as well as those of others; the

ability to harness emotions and apply them to tasks such as problem solving; the ability to

manage your emotions, such as being able to calm down when you're upset

Here are 10 Ways to Enhance Your Emotional Intelligence: 1. Listen to your body. A knot in

your stomach while driving to work may be a clue that your job is a source of stress. An

excitement of the heart when you pick up a girl you have just started to date may be a clue

that this could be “the real thing.” Listening to these sensations and the underlying feelings

that they signal will allow you to process with your powers of reason.

2. Don’t interrupt or change the subject. If feelings are uncomfortable, we may want to

avoid them by interrupting or distracting ourselves. Sit down at least twice a day and ask,

“How am I feeling?” It may take a little time for the feelings to arise. Allow yourself that

small space of time, uninterrupted.

3. Don’t judge or edit your feelings too quickly. Try not to dismiss your feelings before you

have a chance to think them through. Healthy emotions often rise and fall in a wave, rising,

peaking, and fading naturally. Your aim should be not to cut off the wave before it peaks.

4. See if you can find connections between your feelings and other times you have felt the

same way. When a difficult feeling arises, ask yourself, “When have I felt this feeling

before?” Doing this may help you to realize if your current emotional state is reflective of the

current situation, or of another time in your past.

5. Connect your feelings with your thoughts. When you feel something that strikes you as

out of the ordinary, it is always useful to ask, “What do I think about that?” Often times, one

of our feelings will contradict others. That’s normal. Listening to your feelings is like listening

to all the witnesses in a court case. Only by admitting all the evidence will you be able to

reach the best verdict.

6. If you don’t know how you’re feeling, ask someone else. People seldom realize that

others are able to judge how they are feeling. Ask someone who knows you (and whom you

trust) how you are coming across. You may find the answer both surprising and illuminating.

7. Tune in to your unconscious feelings. How can you become more aware of your

unconscious feelings? Try free association. While in a relaxed state, allow your thoughts to

roam freely and watch where they go. Analyze your dreams. Keep a notebook and pen at

the side of your bed and jot down your dreams as soon as you wake up. Pay special

attention to dreams that repeat or are charged with powerful emotion.

8. Ask yourself: How do I feel today? Start by rating your overall sense of wellbeing on a

scale of 0 and 100 and write the scores down in a daily log book. If your feelings seem

extreme one day, take a minute or two to think about any ideas or associations that seem to

be connected with the feeling.

9. Write thoughts and feelings down. Research has shown that writing down your thoughts

and feelings can help profoundly. A simple exercise like this could take only a few hours per

week.

10. Know when enough is enough. There comes a time to stop looking inward; learn when

it’s time to shift your focus outward. Studies have shown that encouraging people to dwell

upon negative feelings can amplify these feelings. Emotional intelligence involves not only

the ability to look within, but also to be present in the world around you.

Reference :

https://www.skillsyouneed.com/general/emotional-intelligence.html

https://www.slideshare.net/MilchoVasilkoff1/personality-types

https://www.normanrosenthal.com/blog/

Coach Baba Abdul Bala - 08033824609

EMOTIONAL INTELLIGENCE SELF-ASSESSMENT CHECKLIST

Rate each question below on a scale of 1-5, according to how true it is of you.

(Virtually never) 1 2 3 4 5 (Virtually always)

1. I am aware of the physical reactions (twinges, aches, sudden changes) that signal a gut

reaction.

2. I readily admit mistakes and apologize.

3. I let go of problems, anger, or hurts from the past and I get beyond these.

4. I generally have an accurate idea of how another person perceives me during a

particular interaction.

5. I have several important things in my life that I am enthusiastic about, and I let them

show.

6. I can easily meet and initiate conversation with new people when I have to.

7. I take a break or use another active method of increasing energy when I sense that my

energy level is getting low.

8. I have little trouble taking prudent risks.

9. I “open up” with people appropriately- not too much, but enough so that I don’t come

across as cold and distant.

10. I can engage in an interaction with another and pretty well sized up that person’s mood

based on non-verbal signals.

11. Others usually feel inspired and encouraged after talking to me.

12. I have no trouble making presentations in front of groups or conducting meetings.

13. I take time every day for quiet reflection

14. I take initiative and move ahead on tasks that need to be done.

15. I refrain from making up my mind on issues and expressing my opinion until I have all

the facts.

16. I have a number of people I can turn to, and I ask for their help when I need it.

17. I try to find the positive in any given situation.

18. I can deal calmly, sensitively and proactively with the emotional displays of others.

19. I can usually identify the emotion I am feeling at any given moment.

20. I am generally comfortable in new situations.

21. I neither bury my anger nor let it explode on others.

22. I can show empathy and match my feelings with those of another person in an

interaction.

23. I can keep going on a big project, despite obstacles.

24. I am respected and liked by others, even when they don’t agree with me.

Coach Baba Abdul Bala - 08033824609

25. I am clear about my own goals and values.

26. I express my views honestly and thoughtfully, without being pushy.

27. I am good at managing my moods and I seldom bring negative emotions to work.

28. I focus my full attention on another person when I listen to them.

29. I believe the work I do day-to-day has meaning and value to society.

30. I can effectively persuade others to adopt my point of view without coercing them.

SCORING THE SELF ASSESSMENT CHECKLIST

1. Enter your ratings for each numbered question in the category where it appears.

2. Add the ratings for each category to obtain a total for that specific facet of E.I.

3. For each box, divide the total score by 25 and multiply it by 100.

Self Awareness:

1___________

7___________

13__________

19__________

25__________

Total Self Awareness___

Empathy:

4___________

10___________

16__________

22__________

28__________

Total Self Empathy___

Self Confidence:

2___________

8___________

14__________

20__________

26_________

Total Self Confidence___

Motivation:

5___________

11___________

17__________

23__________

29__________

Total Motivation___

Self Control:

3___________

9___________

15__________

21__________

27__________

Total Self Control___

Social competency:

6___________

12___________

18__________

24__________

30__________

Total Social competency ___

BAIL AND PRE-‐TRIAL DETENTION: PERTINENT

CONSIDERATIONS UNDER THE ADMINISTRATION OF CRIMINAL

JUSTICE LEGISLATION*

1.0 INTRODUCTION

The Criminal Justice framework, exhibits severe tension with

rights and liberty with particular reference the right to liberty and

fair hearing enshrined in sections 35 and 36 of the Constitution. An

Arrest and detention restricts free movement of a person especially

where they are not done pursuant to a court order. Although justified

by the Constitution, section 35(6) of the same constitution requires

that a person who is arrested or detained in such circumstances shall

be brought before a court of law within a reasonable time, and if he is

not tried within a period of –

(a) two months from the date of his arrest or detention in the

case of a person who is in custody or is not entitled to bail;

or

(b) three months from the date of his arrest or detention in the

case of a person who has been released on bail, he shall

(without prejudice to any further proceedings that may be

brought against him) be released either unconditionally or

upon such conditions as are reasonably necessary to ensure

that he appears for trial at a later date.

The Constitution further elaborates on what amounts to “reasonable

time” in these words –

(a) in the case of an arrest or detention in any place where there is

* Presentation By Prof. Adedeji Adekunle SAN At The 2019 Orientation Course

2

a court of competent jurisdiction within a radius of forty

kilometres, a period of one day; and

(b) in any other case, a period of two days or such longer period as

in the circumstances may be considered by the court to be

reasonable.

It is instructive that the above provisions are expressly qualified in

cases where a person is arrested or detained upon reasonable

suspicion of committing a capital offence. Although not explicit on

the point this does not affect the obligation to bring the suspect to

court! These constitutional provision sets the parameters for

detention and bail and the thrust of this lecture. There is evidence

nationwide of weak or non-‐compliance with these constitutional

provisions. A recent survey, which garnered statistics from Prison

officials in Kano, Adamawa and Lagos States, shows a yearly increase

in Awaiting Trial inmate population. The chart below demonstrates

the level of increase between March 2018 and April 2019.

DATA ON FILE OF INMATE AND ATI POPULATION – FCT, ADAMAWA AND LAGOS STATES

FCT (KUJE) ADAMAWA LAGOS

PROFILE March

2018

October

2018

March

2018

October

2018

Mar

2018

Oct 2018

TOTAL

IN-‐MATE

POPULATI

On

852 815 N/A 2706 8405 9260

ATIs

(M&F)

633 674 N/A 1164 6731 7658

ATIs (F) N/A N/A N/A 23 N/A N/A

CONVICTS

(F

N/A 9 N/A N/A

3

2.0 ARREST AND RELATED POWERS

Unlawful arrest and detention are major problems in the criminal

justice system resulting in overcrowded detention facilities such as

police stations and prisons. The ACJA 2015 attempts to tackle this

menace firstly by curtailing subjective or arbitrary bases for arrest

and also subjecting the exercise of the power of arrest to judicial

moderation. For example Section 10(1) of the Criminal Procedure Act

(CPA) which authorises the police to arrest without a warrant any

person who has no ostensible means of sustenance and who cannot

give a satisfactory account of himself has been deleted. Section 7 of

the ACJA 2015 also prohibits arrest of family and friends of a suspect

in order to get the suspect to surrender.

3.0 JUDICIAL MODERATION OF ARREST AND DETENTION

PROCEDURES UNDER THE ACJA

3.1 Returns

4

Section 33 provides that the Police shall make report at the last

working day of every month to the nearest magistrate the cases of all

suspects arrested without warrant within the limits of their

respected stations or agency whether or not bail was granted

Likewise the Inspector General of police (IGP) is expected to make

quarterly returns to the Attorney General of the federation (AGF) on

all arrested persons within the period. This data is to be maintained

electronically by the AGF. The Comptroller General of Prisons is also

expected to make a report of all awaiting trial inmates for a period of

6 months from the date of arraignment to the Chief Judge and the

AGF. These reports are meant to help the necessary institutions carry

out measures to ensure that the objectives of ACJA 2015 are

achieved.

3.2 Visitation

By virtue of section 34 of the ACJA The Chief Magistrate shall visit at

least every month the police stations within its jurisdiction for the

purpose of conducting an inspection of detention centers. Visitations

will facilitate recourse to section 32 of the ACJA, which applies to

cases where a suspect is not released on bail after 24 hours on a non-‐

capital offence, and an application is made to the court on behalf of

the suspect. The court shall order the production of the suspect and

inquire into the circumstances of detention and admit the suspect to

bail at its discretion.

3.3 Remand Proceedings under section 294

5

An important innovation in the ACJA is the provisions on remand

proceedings.† Section 293 provides that a suspect arrested for an

offence for which a magistrate court has no jurisdiction to try shall,

within a reasonable time of arrest, be brought before a magistrate

court for remand. The application for remand under this section shall

be made ex parte. This process enables a yet to be charged suspect to

be kept in custody pending his bail, trial or release or pending when

the legal advice from the Attorney General is issued. There must be

some probable cause justifying the remand order, which in the first

instance should not be more than fourteen (14) days renewable for

another fourteen days up to a maximum of 56 days.

The effect of this is that there is a time frame in which the AG should

provide legal advice as to whether there is a prima facie case against

the accused or not. (s. 376 prescribes 14 days) The legal advice of the

Attorney-‐General of the Federation shall in all cases be copied to the

court, and the court may act solely on the copy of the advice to make

any order that may be necessary in the circumstances.

Probable cause can be deduced from a consideration of the following

factors:

(a) the nature and seriousness of the alleged offence;

(b) existence of reasonable grounds to suspect that the defendant

has been involved in the commission of the alleged offence;

(c) existence of reasonable grounds for believing that the suspect

may abscond or commit further offence where he is not

committed to custody; and

(d) any other circumstance of the case that justifies the request for

remand.

† Section 294 ACJA

6

The tension over these provisions as evinced from some recent cases

relates first to the fact that the order of remand proceeds from a

court without jurisdiction and the propriety of that court granting

bail and secondly the need for courts to carefully consider the these

factors above in exercising the powers of remand. With regard to the

first concern, the power to grant bail is statutory and these

provisions will not be the first to grant powers of bail to courts or

administrative bodies which are not seised of a matter. As to the

second, it must be borne in mind that section 292 seeks to eliminate

the unbridled recourse to holding charge by the police by ensuring

that the court supervises the remand process of Awaiting Trial

Inmates.

3.4 Remand and Pre-‐trial Detention

It is not in all cases that bail can be granted. As a matter of fact the

ACJA 2015 also provides for judicial orders remanding suspects into

custody. See The ACJA provisions on remand orders are novel and

flow from section 35 (4) and (5) of the Constitution which requires

that a person arrested for an offence should be brought to court

within a reasonable time. Thus in Joshua Idokoiji v Nigeria Police

Force & 7 Ors‡ the applicant was arrested and detained for 5 days.

The court stated that steps to keep a suspect further in custody

pending investigation must of necessity be done in strict compliance

with the provisions of sections 293 and 294 of the ACJA by

approaching the court within one day of the suspects’ arrest, for

leave to keep him in custody as regulated by the Act; and that any

other contrary act must be viewed as and declared a breach of the

‡ FCT/HC/M/2167/16.

7

suspects fundamental right to personal liberty. The court held the

detention of the suspect was illegal, unlawful and a violation of the

right to personal liberty guaranteed under section 35 of the

Constitution.

3.4 How are Remand Proceedings Different From The Holding

Charge?

LUFADEJU V JOHNSON, (2007) 8 NWLR (Pt. 1037) 535

……… the charge is not read to the accused and therefore no plea

taken. That makes the difference between remand and arraignment.

Once an accused person is brought under Section 236(3) ACJL

(Lagos) for remand, the Magistrate orders his remand without

arraignment. By the subsection, the Magistrate can do one of two

things. He can remand the accused in prison. He can also grant bail

pending arraignment." Per NIKI TOBI ,J.S.C ( Pp. 28-‐29, paras. G-‐B )

AG LAGOS STATE v. KEITA (2016) LPELR-‐40163 (CA)

A Magistrate shall have powers to remand such a person after

examining the reasons for the arrests exhibited in the request form

filed by the Police, and if satisfied that there is probable cause to

remand such person pending legal advice within the time limits

stated in the Act.

As set out in section 293 ACJA, a suspect arrested upon reasonable

suspicion of an offence may be brought before a Magistrate

regardless of whether such magistrate has jurisdiction over the

offence expressly for the purpose of determining whether to remand

the suspect into custody or release the suspect on bail. There is no

need for any make up or holding charge but the application shall be

made ex parte.

8

3.4.1 Probable cause (s. 294)

The court shall in considering an application for remand must be

satisfied that there is probable cause to remand the suspect pending

(i) the receipt of legal advice from the Ministry of Justice and (ii)

arraignment of the suspect before the appropriate court. It is equally

open to the court to grant bail to the suspect brought before it. The

court must consider the following in determining whether probable

cause exists for the remand of the suspect –

(a) the nature and seriousness of the alleged offence;

(b) reasonable grounds to suspect that the suspect has been

involved in the commission of the alleged offence;

(c) reasonable grounds for believing that the suspect may abscond

or commit further offence where he is not committed to

custody; and

(d) any other circumstance of the case that justifies the request for

remand.

3.4.2 Time and Remand Protocol (s. 296).

The steps and period outlined under section 296 of ACJA can be

abridged only upon the fulfillment of the requirements under each

protocol. The timelines vary according to jurisdiction. Some states for

example prescribe one week for each of the protocols while some like

Kaduna State stipulate 21 days !

(a) An order of remand made by a court shall not exceed a period of

fourteen (14) days in the first instance.

(b) The court may make an order for further remand of the suspect

for a period not exceeding fourteen days, on application in

writing, showing good cause why there should be an extension

of the remand period or otherwise grant bail.

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(c) After the expiration of the 14 days extension, the court shall order

the release of the person remanded unless good cause is shown

why there should be further remand order for a period not

exceeding 14 days.

(d) At the expiration of the further order, the court is to issue a

hearing notice to the IGP and AGF to show cause why the

suspect remanded should not be unconditionally released.

(e) The exception is in terrorism related cases where suspects are

remanded for a period of 90 days in the first instance,

renewable until the conclusion of the matter. See ACHEM v. FRN

(2014) LPELR-‐23202 (CA) –

It should be mentioned that the applicant was convicted and sentenced

for offences relating to terrorism, which in recent times have grown in

intensity and magnitude and have become a threat to our national

security. Courts should therefore be very circumspect in granting bail

pending appeal to a person convicted for any offence relating thereto.

See also MOHAMMED V. STATE(2015) 10 NWLR (pt. 1468) 496 at

512

By virtue of section 297 the court can exercise the power of remand

suo motu or on the application of a person in charge of a facility

where the detained suspect is. The court can exercise these powers

whether the suspect is present or not. Where legal advice is issued a

copy must in all cases be forwarded to the court and the court shall

release the suspect immediately if the legal advice of the Attorney-‐

General of the Federation shows that the suspect has no case to

answer.

4.0 Bail

10

Bail is the freeing or setting at liberty of a person arrested or

imprisoned, upon others becoming sureties by recognizance for his

appearance at a date and place certainly assigned, he also entering

into self-‐recognizance. The defendant is delivered into the hands of

sureties and is accounted by law to be in their custody though they

may free themselves from further responsibility if they surrender

him to the Court before the date assigned. SHONEYE v. STATE

(2015) LPELR-‐25862 (CA)

The ACJA is very elaborate on the issues of bail, recognizances and

surety and also introduced the use of bondsperson in criminal

jurisprudence. The ACJA envisages that suspects who are held for

offences other than a capital offence should be entitled to bail

and where bail is not granted the Act further provides for an

application to be made either in writing or orally on behalf of the

suspect.4 It also classified when bail can be granted into different

classes such as offences with less than three5 or more than three

years6 imprisonment and in capital offences7.

In proceedings for offences carrying a prison term of 3 years or less,

bail is generally available unless the court sees reason to the

contrary. In cases where the imprisonment exceeds 3 years, the

defendant must apply to court and should be released on bail except

in the following circumstances – where there is reasonable ground to

believe that the defendant will, where released on bail -‐

(a) commit another offence;

(b) attempt to evade his trial;

4 Section 32(3) ACJA 5 Section 163 ACJA 6 Section 162 ACJA 7 Section 161 ACJA

11

(c) attempt to influence, interfere with, intimidate witnesses, and

or interfere in the investigation of the case;

(d) attempt to conceal or destroy evidence;

(e) prejudice the proper investigation of the offence; or

(f) undermine or jeopardize the objectives or the purpose or the

functioning of the criminal justice administration, including the

bail system. (s.162)

Bail pending trial is a basic constitutional right with respect to

bailable offence(s) such as the offences for which the appellant is

standing trial at the Court below. The burden of proof is on the

respondent to establish that the appellant is not entitled to bail

pending his trial in respect of the bailable offences at stake.

THEOPHILOUS v. FRN & ORS (2015) LPELR-‐25984(CA)

4.1 Capital Offences

A judge of the High court may under exceptional circumstances,

admit a suspect arrested, detained or charged with an offence

punishable with death to bail. (s.161)

For the purpose of exercise of discretion in subsection (1) of this

section, “exceptional circumstance” includes:

(a) ill health of the applicant which shall be confirmed and

certified by a qualified medical practitioner employed in a

Government hospital, provided that the suspect is able to prove

that there are no medical facilities to take care of his illness by

the authority detaining him;

(b) extraordinary delay in the investigation, arraignment and

prosecution for a period exceeding one year; or

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(c) any other circumstances that the Judge may, in the particular

facts of the case, consider exceptional.

In some respects also the ACJA liberalises the bail process. For

example the ACJA eliminates the discrimination against women

especially as it has to do with women standing as surety for

suspects,8

4.2 Child Suspects – Administrative Bail

Often children come into conflict with criminal law in respect of petty

offences like street-‐trading and sanitation offences. Section 160 of the

ACJA provides that where a child is arrested with or without warrant

and cannot be brought forthwith before a court, the police officer in

immediate charge for the time being of the police station to which the

child is brought, shall inquire into the case and shall except–

(a) the charge is one of homicide;

(b) the offence charged is punishable with imprisonment for a

term exceeding three years;

(c) it is necessary in the interest of the child to remove him

from association with any reputed criminal or prostitute,

release the child on a recognizance entered into by his parent or

guardian, with or without sureties.

The parents or guardian of the child shall execute a bond for such an

amount as will in the opinion of the officer secure the attendance of

the child for the hearing of the charge. (Similarly in cases where the

court is disposed to granting bail to a child suspect, the parent or

guardian is required to enter into a recognizance that the child will

comply with the courts directives. (s. 166)) 8 Section 167(3) ACJA

13

section 160 does not apply where the child is remanded in detention

facility by order of court in default of payment of a fine for example.

It is however recommended that this practice should not be

encouraged as it negates the law’s concern for the welfare of

children.

4.3 Bail Conditions

Section 165 of the ACJA provides that the conditions for bail in any

case shall be at the discretion of the court with due regard to the

circumstances of the case and shall not be excessive. The main

purpose of bail conditions is ensure that the defendant’s presence at

trial is assured. Such conditions may be incorporated in a

recognizance entered into by the defendant or surety.

In UDUESEGBE v. FRN (2014) LPELR-‐23191(CA) the court of

Appeal enjoined courts to be liberal in their approach to grant of

bail and the conditions thereof in non -‐capital offences. They are thus

to grant bail on favorable and affordable conditions. It has held that it

is against the spirit of the law to impose excessive and stringent

conditions for bail as that would amount to a refusal of bail.

Aside from the admonition against excessive bail conditions, there is

no statutory parameter for determining how stringent the terms of

bail and recognizance should be. The gravity of the offence is not the

sole consideration. The court may in addition to other conditions

require deposit of a sum of money or other security as the court may

specify from the defendant or his surety before the bail is approved.

Any such money or security deposited shall be returned to the

defendant or his surety or sureties, as the case may be, at the

14

conclusion of the trial or on an application by the surety to the court

to discharge his recognizance.

In appropriate cases the High court can direct a magistrate to vary

bail conditions or review or revoke conditions imposed by it for bail.

4.4 Professional bondsmen

if as has been canvassed bail is contingent on the payment of a

deposit, it is unlikely that if bail is then granted in self-‐recognisance

the suspect would evade justice. A further suggestion is the use of

professional bondsmen in order to address widespread reluctance on

the part of citizens to stand as bail surety. ACJA empowers the Chief

Judge to regulate the registration and licensing of corporate bodies or

persons to act as bondspersons within the jurisdiction of the court in

which they are registered. A person shall not engage in the business

of bail bond services without being duly registered and licensed in

accordance with the subsection (1) of this section. (s.187). This

provision formalizes the rampant and unregulated practice of

“professional” sureties that is currently found in many jurisdictions.

5.0 Conclusion

The ACJA presents an opportunity to entrench common standards

and principles in Criminal justice Administration. Need for the

criminal justice system to work as an integrated system.

State, Zonal and National Criminal Justice coordinating Strategies

aimed at Streamlining the criminal justice process and removing

bottlenecks and administrative obstacles.

The objectives of the Act will be considerably realised with the

introduction of subsidiary rules to standardise practice and protocols

in criminal proceedings

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