The Criminal Justice System in Nigeria: An Overview

The contemporary criminal justice system, as conceived, serves the paramount purpose of safeguarding society from the perilous and detrimental repercussions of criminal activities and transgressions against the law. A society characterized by a high incidence of crime inevitably fosters diminished productivity, internal discord, lawlessness, and a lack of discipline among its citizens (Ogunode, 2015). Such a scenario portends the transformation of a state into a failed entity. The present state of the Nigerian Criminal Justice System, marked by inefficiency, insufficiency, corruption, infrastructural deficiencies, underfunding, understaffing, and a susceptibility to abuse, poses a significant threat to the principles of the Rule of Law and the various facets of democracy and good governance (Osasona, 2015). The inherent flaws within the Nigerian criminal justice system manifest at each juncture of its operational framework – from the failure of governance institutions to devise an appropriate criminal justice policy aligned with the nation’s contemporary requirements, to the legislative body’s inability to translate policies into applicable laws. Furthermore, it extends to an unconventional judicial system marred by pervasive corruption, incompetence, and bureaucratic impediments. This dysfunctional system further encompasses an outdated and counterproductive approach to law enforcement and correctional services that subjugates individuals deemed “innocent” by society’s own legal standards. Criminal justice can be conceptualized either as a system or as a process (Moore, 1997). When viewed as a system, it encompasses a network of agencies and procedures established by the state to regulate criminal activities and impose sanctions upon those who breach criminal statutes (Newman, 1978). The judicial system, constituting the second most crucial element in a triadic relationship with law enforcement agencies, holds the exclusive responsibility of formalizing legal proceedings against accused individuals. The decisions and dispositions of the judicial system bear considerable influence on other aspects of the criminal justice system, including the investigative and imprisonment phases (Ogunode, 2015).

To comprehend the Nigerian criminal justice system, it is imperative to gain insight into its operational mechanics. The process initiates when law enforcement officers harbor reasonable suspicion that an individual has either committed or is in the process of committing a criminal offense. It subsequently traverses through the stages of trial, and, in the event of conviction, spans the realms of sentencing, incarceration, and eventual release upon the fulfillment of the imposed sentence. Should a police officer ascertain that an individual has committed or is in the process of committing a crime, an arrest ensues. The ensuing processes, culminating in either acquittal in court or release after the completion of a jail term or alternative penalty, collectively constitute the criminal justice system (Ogunode, 2015). It is evident from this simplified explanation that the criminal justice process comprises multiple distinct phases, with any given case potentially concluding at any of these junctures. In the Nigerian context, the most actively engaged stages include arrest, the filing of criminal charges, and the bail hearing, also known as a detention hearing. Unfortunately, the judicial branch, both in terms of legal practitioners and judges, has been ensnared in this quagmire. Numerous judges have succumbed to compromises in the discharge of their official duties. Moreover, many legal practitioners, while vocal about governance issues in Nigeria, simultaneously obstruct the legal process, prolonging cases to appease avaricious politicians and enrich themselves at the expense of the nation. Additionally, the practice of plea bargaining is undermining the integrity of the Nigerian judicial system. As one of the foundational pillars of democratic governance, the legislature is entrusted with the task of transforming policies and frameworks into laws through processes involving enactment, repeals, revisions, and regulations. However, legislative bodies at all levels of Nigerian governance have faltered, particularly in their endeavor to formulate apt and functional criminal justice legislations. Cumbersome legislative procedures, insufficient expertise in technical domains like policy reform, appropriation procedures, corruption, political and social disparities, collectively hinder the Nigerian legislature’s ability to establish effective criminal policies (Ladapo, 2015).

The political elite has harnessed the inefficiencies within the justice administration system to their advantage, utilizing these vulnerabilities to delay or obstruct their own legal proceedings. The portrayal of the criminal justice system unveils a scenario marked by a deficiency in both capability and resolve when it comes to concluding cases involving affluent and politically influential individuals. Strikingly, this situation coincides with a surge in the number of underprivileged individuals detained in prisons without undergoing trial. Esteemed figures within the Nigerian judiciary have pinpointed corruption as the most formidable obstacle in the realm of criminal justice administration. Nonetheless, an amalgamation of factors, including a flawed appointment process, insufficient financial resources, outmoded judicial infrastructure, excessive bureaucratic procedures, an undertrained and inefficient auxiliary court workforce, inadequate compensation, and the marginalization of the magistracy, despite its substantial role in handling 75% of all court cases in Nigeria, collectively contributes to the ineffectiveness of the judicial system (Ladapo, 2015).

These factors elucidate the apathy exhibited by the judiciary toward the escalating predicament of mounting pre-trial detainees in Nigerian correctional facilities. They also provide insight into why the prevailing response has been a mere token gesture of releasing individuals who should not have been incarcerated in the first place. Within the broader framework, the judiciary bears a share of culpability akin to other sectors in the criminal justice continuum.

Furthermore, it is essential to recognize that criminal investigation is not an arcane or mystifying science; rather, its foundation primarily relies on information provided to investigators, either through complaints filed by victims of crimes or reports furnished by witnesses to criminal incidents. Over the years, the Nigerian Police Force has expressed discontent with the reticent disposition of the Nigerian populace towards filing complaints and reporting criminal activities. The average Nigerian citizen holds the police force in high esteem, a perspective rooted in historical reverence dating back to the era of the oppressive Hausa Constabulary Guards established in 1861 under British colonial rule. Detecting and investigating crimes necessitates substantial financial investments (Ladapo, 2015). Adequate financial resources are indispensable for recruiting and training a sufficient number of proficient criminal investigators, as well as procuring and facilitating their mobility. In Nigeria, the customary practice when a crime is reported at a police station involves the complaint desk officer soliciting funds to purchase stationery for documenting the complaint and initiating a case file. Moreover, when on-site investigations are required, it falls upon the complainant to provide transportation, as the criminal investigations department typically lacks dedicated vehicles. Notably, the majority of criminal investigations conducted by the Nigeria Police are entrusted to officers below the rank of sergeant. These constable investigators have typically undergone only a rudimentary three-month entry training program at the Police College, where the emphasis predominantly centers on physical drills, with relatively limited attention devoted to the intricacies of policing (Ladapo, 2015). Consequently, the knowledge and practical skills essential for effective criminal investigation are often acquired on the job, with novice officers frequently assigned to handle complex investigations.

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Recommendations

Many Nigerians express their frustration regarding the absence of stringent laws that impose severe penalties on corrupt public officials. They believe that such laws should act as a deterrent to others who may contemplate engaging in corrupt practices. However, it is crucial to recognize that the core issue lies not in the absence of severe penalties within the statutory framework but rather in the incapacity of our criminal justice system to successfully prosecute corrupt individuals based on the provisions of existing laws. This becomes evident when we consider cases of murder, for instance, where the law prescribes capital punishment, yet few high-profile convictions have been secured, with the exception of those involving high treason. This highlights the dire need to fortify and enhance the efficacy of the criminal justice system, rather than merely amending laws.

To address this pressing concern, it is imperative to convene a national assembly of experts to facilitate the formulation of a comprehensive policy for the reformation of the criminal justice system. Additionally, there is a compelling need for the revision of the criminal code to effectively address the contemporary challenges in law enforcement and order that plague various segments of Nigerian society. This revised code should align with the current issues of legal complexity and inaccessibility.

This paper advocates for the establishment of a criminal justice administration database and the creation of Fast Track Courts, which would operate under specialized procedural rules to expedite the delivery of justice within the country. It is crucial to investigate instances where the rich and well-connected individuals in Nigeria subvert the instruments of justice, often at the expense of less privileged Nigerians who find themselves languishing in poorly funded prisons for crimes they may not have committed. Measures should be promptly instituted to ensure equity and fairness in the administration of justice.

The judiciary, as a fundamental component of society worldwide, is expected to serve as the moral compass and the guardian of justice for the common citizen. Therefore, it is imperative to enhance the level of confidence that the average Nigerian citizen places in the Nigeria Police. In this regard, positive strides have already been taken with the current emphasis of senior police leadership on the concept of “community policing” through the establishment of Police Community Relations Committees across the nation.

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References

Ladapo, O. (2015). Effective Investigation, A pivot to effective criminal justice Administration:         Challenges in Nigeria. African Journal of Criminology and Justice Studies, 5(1), 79-94.

Moore M. (1997). ‘The Legitimization of Criminal Justice Policies and Practices’, in James Wilson    et all (eds) Perspectives on Crime and Justice, National Institute of Justice Research           Report, Lecture Series, 1, 1997-1998.

Newman, D. (1978). Introduction to Criminal Justice. New York: Lippincott.

Ogunode, S. (2015). Criminal Justice System in Nigeria: For the rich or the poor? Humanities and  Social Sciences Review, 4(1), 27-29.

Olugasa, O. (2020). Utilising technology in making the Nigerian administration of criminal justice       act effective for criminal trials.

Osasona, T. (2015). Time to reform Nigeria’s Criminal Justice System. Journal of Law and     Criminal Justice, 3(2), 73-79.