Background

The enactment of the Administration of Criminal Justice Act, 2015 on 14 May 2015 is a significant milestone in Nigeria’s criminal justice reform process. Some of the key reform areas that the Act introduced relate to the time limit it sets for carrying out investigations, arraignment, and prosecutions of crime suspects; the requirement on the police to record every confessional statement given by a suspect to the police in video or the need for the statement to be endorsed by a legal practitioner thereby putting on check the incidents of use of force or torture to compel suspects to confess crimes that they perhaps did not commit.  The law further mandates the police to maintain a central criminal record, which is an essential tool for effective crime management in the country. Police commissioners at the Federal and State levels will be required under the law to submit to the Attorneys- General of the States or Federation as the case may be, quarterly reports of persons arrested,  released on bail or refused bail, the bail conditions, as well as those charged to court for prosecution. This innovative provision of the Bill will enable the Attorneys-General to have the proper and timely information on what is going on in the criminal justice system in their respective jurisdictions and to intervene where necessary. The Act, also provides for alternative sentences other than prison custody, such as community service, parole, and suspended sentence, as a way of reducing prison congestion.

The Act is an outcome of a prolonged process of reviewing and harmonizing the Criminal Procedure Code applicable in the Northern States and the Criminal Procedure Act of the Southern States which, if implemented, will modernize the criminal justice system in the country. UNODC under its project, “Support to Justice Sector in Nigeria”, has been supporting the legislative process of this Act together with other development partners. It has also planned to continue supporting the adoption of this Act in its focal States in 2015. United Nations Office on Drugs and Crime (UNODC) under its “Support to Justice Sector in Nigeria” Project has provided technical support towards the enactment of this law at the Federal level. The next stage being its implementation and adoption at States’ levels, the Project seeks to engage national experts to drive the process of developing Model Acts suitable for the Northern and Southern States of the Federation together with elaborate implementation guidelines that will enhance the operationalization of the Act by the concerned justice institutions both at the FCT and the States’ level.

Duties and Responsibilities

Purpose of the assignment

The consultants’   services are sought for purposes of developing Model Acts to a standard that is acceptable to the Northern and Southern States of Nigeria. The contextual adaptation of existing legal framework in the form of the Model Acts would thereafter be transmitted to the respective State Houses of Assembly for adoption. The project desires to further organize an advocacy event with the Speakers of the respective States Houses of Assemblies where the Models will be presented for discussion and commitment to table it before their respective Houses of Assemblies. Furthermore, the formulation of the guidelines will enhance implementation of the Act on which sensitization events will be organized to create awareness and ownership. The development of the Model Acts and the guidelines will contribute to the project’s broad objective of enhancing legislative and policy framework for the justice sector institutions and ensuring efficient, effective and accessible justice system.

Specific tasks of the assignment

Under the direct supervision of and consultation with the Project Coordinator and relevant project staff directly responsible for this component, the consultants shall perform the following substantive duties and responsibilities:

• Drawing from the Administration of Criminal Justice Act, 2015, develop two Model Acts that are in line with the prevailing socio-legal conditions of the Northern and Southern States;
• Develop high standard implementation guidelines on the Administration of Criminal Justice Act that are to be used both at the FCT and focal states’ level;
• Organise and facilitate States Houses of Assemblies Speakers’ forum in close consultation and collaboration with the Project Coordinator
• Organise and facilitate sensitization workshop for relevant justice institutions on the basis of the implementation guidelines developed; and
• Assist the Project Coordinator in providing strategic and expert advice on possible interventions for the onward adoption of the Model Acts by the Project Focal States’ Houses of Assemblies.

At all times, the consultants are required to provide UNODC with access to intermediate outputs of the consultancy s as outlined below In addition to submission of the work products, the consultants  will report on a weekly basis to the Project Coordinator on the status of works through a means which is deemed convenient.

Expected outputs/deliverables

Output A:

• Two Model Acts in compliance with the highest standard required under legislative drafting processes in Nigeria.

Output B:

• Serve as resource person for the high level event for Speakers of States Houses of Assemblies for the adoption of the Model Acts.

Output C:

• Implementation guidelines for the Administration of the ACJ Act.

Output D:

• Organise and lead one national sensitization workshop based on the implementation guidelines of the ACJ Act for relevant justice institutions.

Output E:      

• Assist the Project Coordinator by providing expert advice on actions and interventions in support of the adoption of the Model Acts by the Focal States Houses of Assemblies (Bayelsa, Benue, Katsina, Imo, Osun, Cross River and Yobe).

Details of deliverables with timeframes

Details of deliverables with timeframes

The national experts will work under the overall supervision of the Project Coordinator for a period of 83 working days each spread over six months in accordance with the details below: 

Deliverable 1:

• Develop the Model Acts on Administration of Criminal Justice suitable for Northern and Southern States based on the ACJ Act, 2015 which needs to be reviewed and approved by UNODC.

Output 1:

• Two Model Acts, one for the Northern and one for the Southern States produced and approved by UNODC.

Deliverable 2:

• Organise, facilitate and advocate for adoption of the Model Acts in a Speakers’ forum for the States Houses of Assemblies at a venue to be determined in consultation with UNODC.

Output 2:

• Speakers’ forum report with clear commitment of the Speakers for onward adoption of the Act for instance in the form of workshop communique) produced.

Deliverable 3:

• Develop implementation guidelines for the ACJ Act that complies to the needs and dynamics of States and the FCT.

Output 3:

• High standard Guidelines for implementation of the ACJ Act developed and approved by UNODC.

Deliverable 4:

• Provide expertise service as a resource person for a sensitisation workshop with relevant justice institutions on the implementation Guidelines developed under C.

Output 4:

• Sensitisation workshop report produced and approved by UNODC.

Deliverable 5:

• Assist the Project Coordinator in providing expert advice on the adoption of the Model Acts by Focal States.

Output 5:

• Follow up action outline submitted together with practical advices.

Selection Criteria

Potential candidates’ suitability will be assessed strictly according to the following selection criteria. Only applicants who attains 70% or more in the technical evaluation will be considered. Candidates who scale through the technical evaluation will be invited to submit a financial proposal in accordance with UN rules for procurement of individual consultants. The technical criteria will be weighed against the financial proposal on a weight of 30/70 with the technical proposal weighing 70%.

Remuneration:

• Successful candidate will be remunerated in an agreed ratio of about five (5) instalments tied to different deliverables as will be stated in the contract.

Competencies

Corporate Competencies:

• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Highest standard of integrity, discretion and loyalty.

Functional Competencies:

• Excellent understanding of organisational issues;
• Commitment to professionalism;
• Commitment to effectiveness, accessibility, accountability, transparency and fairness of the justice system;
• Excellent understanding of Justice Sector Reform issues and/or fields directly relevant to the project;
• Knowledge in conducting training sessions and good facilitation skills;
• Good understanding of change management, including system development and organizational skills;
• Commitment to quality;
• Commitment to deadlines;
• Objectivity, honesty and fairness;
• Logic and ability to operate systematically;
• Excellent oral and writing communication skills;
• Timely and accurate submission of reports and other required documents;
• Substantive and linguistic quality of documents prepared;
• Commitment to confidentiality of the assignment and handing over of products and documents paid for by UNODC used in the delivery of consultancy outputs;
• Demonstrable drafting and report-writing skills.

Required Skills and Experience