Consultant - Study on the Policy, Legal and Operational Enactment of the ACJ Act at UNDP

Background
The ACJ Act was passed on 14th May 2015 and marks a milestone in the fight to cleanse the criminal justice system as it drastically addresses many challenges in the administration of criminal justice at the Federal level and in the FCT. The ACJ Act aims to ensure the speedy dispensation of justice, protection of society from crime, and the protection of the rights and interests of both the defendant and the victim. The Act promotes interagency cooperation, particularly through the establishment of the Administration ACJ Monitoring Committee which is a body consisting of the heads of criminal justice institutions with the responsibility of monitoring the implementation of the ACJ Act. 

Despite the passage of the Act, very little progress has been made towards ensuring the effective implementation of the same, limiting the impact of the Act. The project seeks to identify the legal, policy and operational implications of the ACJ Act to provide holistic insight into the necessary tangible and intangible structures which must be in place in order for particular aspects of the ACJ Act to be implemented.

Acknowledging the vital role of the Monitoring Committee which was inaugurated in March 2016 but which has not yet held its first meeting, the project aims to support the said Committee to monitor compliance of justice sector institutions with core provisions of the ACJ Act which target the speedy dispensation of justice and prison decongestion, namely:

• Time limits for remand under Sections 293-299 which provide that a suspect may be held on remand for a combined period of 28 days, after which the prosecution must show cause why suspect should not be unconditionally released;
• Time frame for summary trials under section 110 (4) which provides that a summary trial must commence within 30 days of bringing the charge, and completed within 180 days of arraignment on that charge; and
• Limits to number of adjournments under Section 396 which provides that each party to the proceeding is entitled to a maximum of 5 adjournments and the next adjourned date should be within 14 days of the hearing in which the adjournment was granted.

To this end, the study will include a review of the data management systems of Kuje Prison with the view to update same and develop the necessary training manuals to build the capacity of prison officials and other relevant justice sector actors in collecting, managing and analysing data. The project intends for the data to be routinely be made available to the Monitoring Committee to assist with monitoring of the implementation of the said provisions of the ACJA as well as the review and development of policies towards addressing any challenges identified in the data analysis.

The United Nations Office on Drugs and Crime (UNODC) therefore seeks to encourage the use of credible and empirical data by justice sector institutions to ensure the development of meaningfully targeted and sustainable policies for justice reform under the “Support to Justice Sector in Nigeria” Project as part of its broader interventions towards the justice sector policy development, ensuring access to justice and respect for human rights.

Duties and Responsibilities
The Consultant’s service is sought to produce a report on the legal, policy and operational implications of implementation of the ACJ Act and build the capacity of justice sector institutions to monitor, evaluate and manage the implementation of the ACJ Act as it relates to the Nigerian Prisons Service for the purposes of improved justice delivery, strengthened interagency cooperation among justice sector institutions, less congested prisons, improved respect for the human rights of the defendant and victim, better informed policy development towards justice sector reform and overall more efficient implementation of the ACJ Act.

Specific Tasks of the Assignment
Under the direct supervision and consultation with the Project Co-coordinator, relevant Project Staff directly responsible for this output the consultant shall perform the following substantive duties/responsibilities:

• Producing high quality research paper on policy, legal and operational implications of implementation of the ACJ Act as it relates to the Nigerian Prisons Service;
• Obtaining the buy-in of relevant officials for the development of Templates and training manuals required for the efficient collection, management and analysis of empirical data which can be used to monitor the implementation of the ACJ Act and develop targeted policies for management of prisoners records;
• Producing said training manuals and supporting templates;
• Facilitating training workshop for identified justice sector officials to support effective data collection, management and analysis towards monitoring compliance with/implementation of the ACJ Act.
• Produce a guideline and handbook on non-custodial options, remand and bail in line with ACJA for distribution to courts handling criminal cases and conduct training on same.

Expected outputs/deliverables:

• Report on legal, operational and policy implications of the implementation of the ACJA with clear and concise recommendations for interventions in the short, medium and long term and including a review of the data management systems of Kuje Prison, identifying areas in need of upgrading and the capacity needs of identified justice sector officials to properly collect, manage, and analyse data for reporting to the Monitoring Committee;
• Develop Templates for remand proceedings for remand and administration of prisoner’s data and Produce 250 copies of training manuals on complying with remand provisions of the ACJ Act using the upgraded data management system, including developed templates to aid the efficient collection, management and analysis of data by relevant justice sector officials;
• Negotiate Signed Approved/Agreements with relevant justice sector officials on the use of the templates and training manuals developed under Outputs B;
• Develop guidelines on remand proceedings and handbook on remand /bail and non-custodial options under ACJA and Facilitate training workshops for relevant justice sector officials using the training manuals developed under Output B and D.

Details of deliverables with timeframe:

• The national expert will work closely with the Rule of Law Office of the Vice President under the overall supervision of the Project Coordinator for a period of 40 working days spread over 6 months in accordance with timetable to follow.

Competencies:

• Excellent communication,facilitation and presentation skills in English;
• Strong organizational awareness,client orientation and government advisory skill on prisons reform;
• Strong awareness in the latest development on methodologies and capacity development methods on social research and human rights;
• Strong drafting and reporting skills in English.

Required Skills and Experience
Education:

• Advanced University degree (Master’s Degree) in law, criminology, criminal justice, prison studies, social sciences or other related field;
• A first level-University degree in related fields in combination with additional years of qualifying experience may be accepted in lieu of an advanced University degree.

Experience:

• Minimum of Three years of progressively responsible professional experience in the relevant area (Criminal Justice Sector Reforms, or  work in the area of prison/judicial/police reform);
• Proven experience and knowledge of the Nigerian criminal justice system and at least two years’ experience of working on prison reform and restorative justice projects;
• Proven experience in the development of training manuals, handbooks, guidelines and policies and in presenting on relevant topics at high and mid-level conferences;
• Previous experience with the United Nations System, European Union funded projects or other international organizations would be an asset;
• Experience in the usage of computers and office software packages.

Language:

• Fluency in English (both oral and written) is required.