The Administration of Criminal Justice in Nigeria

Filed in Current Projects, Law Project Topics by on September 23, 2020

The Administration of Criminal Justice in Nigeria.

Abstract

This research considered the constraints in the administration of criminal justice in Nigeria.

It evaluated the factors responsible for the slow pace of criminal justice, like the phenomenon of holding charge, the inherent inability to utilize information and communication technology and inadequate resources,

especially communication, electricity, transportation, recording and record-keeping facilities, surveillance cameras, sensors and tracking devices in Nigeria.

The research advocated for a thorough and comprehensive analysis and evaluation of novel policies in the form of alternatives to imprisonment that would explore the use of plea bargain,

parole, suspended and community sentencing that would act as veritable tool in decongesting the prisons and the provision of a witness protection programme before, during and after trials.

It equally advocated the need for tracking devices, cameras and sensors to be placed at designated paces in Nigeria to aid crime prevention and detection.

In carrying out this research, books, articles in learned journals, conference papers, unpublished legal materials and relevant internet materials have been utilized.

Table of Contents

TITLE PAGE                                  i

CERTIFICATION                                ii

DECLARATION                                iii

ACKNOWLEDGEMENTS                         iV

DEDICATION                               V

TABLE OF CONTENTS                     Vii

TABLE OF CASES                        xii

TABLE OF STATUTES             xvi

ABBREVATIONS                 xxii

ABSTRACT                  xxiii

CHAPTER ONE INTRODUCTION

  • BACKGROUND OF STUDY 1
  • STATEMENT OF THE PROBLEM 8
  • AIMS AND OBJECTIVES OF THE STUDY 13
  • SCOPE AND LIMITATION 15
  • RESEARCH METHODOLOGY 15
  • LITERATURE REVIEW 17
  • SIGNIFICANCE OF THE STUDY 36

CHAPTER TWO NATURE OF CRIMINAL JUSTICE IN NIGERIA

  • MEANING OF CRIMINAL JUSTICE 39
  • GOALS OF CRIMINAL JUSTICE 41
    • Criminal Justice Process 42
    • Models of Criminal Justice 45
  • CRIMINAL JUSTICE IN PRE-COLONIAL PERIOD 49
  • CRIMINAL JUSTICE IN COLONIAL PERIOD 57
  • CRIMINAL JUSTICE IN POST-COLONIAL PERIOD 57
  • THE NIGERIAN FEDERATION 64

CHAPTER THREE LEGAL CONSTRAINTS TO THE ADMINSTRATION OF CRIMINAL JUSTICE IN NIGERIA

  • THE PHENOMENON OF HOLDING CHARGE 76
  • LACK OF UNIFORM CRIMINAL LEGISLATION 84
  • CONSTITUTIONAL RIGIDITY 106
  • BURDEN OF PROOF IN CRIMINAL TRIALS 115
  • LACK OF NON-CUSTODIAL SENTENCING ALTERNATIVE 121
    • Plea Bargaining 123
    • Diversion Programme 125
    • Probation and Parole 126
    • Community Service or Correction 128
  • DELAY IN THE ADMINSTRATION OF CRIMINAL JUSTICE 129
    • The Problem of Case Flow Management 133
    • Delay Caused by Inadequate Court rooms, Infrastructural Facilities and Poor Working Conditions  135
  • Delay by Legal Practitioners 140
  • Delay Caused by the Judge 142
  • Delay Caused by Supporting Staff of Courts 143
  • Delay Caused by prosecution Counsel / Officer of the Director of Public Prosecution       144
  • Investigation and Detection of Crime 144
  • Deficient Prosecution of Criminal Cases in Court And Delay in Giving Legal Advice     146
  • Delay Caused by the System of Admitting an Accused Person to Bail 149
  • Delay arising from Prison Authorities 152

CHAPTER FOUR EXTRA-LEGAL CONSTRAINTS TO THE ADMINSTRATION OF CRIMINAL JUSTICE IN NIGERIA

  • CORRUPTION 154
  • LACK OF GOOD POLICE-COMMUNITY RELATIONSHIP 169

CHAPTER FIVE POLICE STRUCTURE, POWERS AND FUNCTIONS AND THE RIGHTS OF SUSPECTS IN NIGERIA

  • BRIEF HISTORY OF THE POLICE FORCE IN NIGERIA 178
  • STRUCTURE OF THE NIGERIA POLICE 182
  • POWERS AND FUNCTIONS OF THE NIGERIA POLICE FORCE 189
    • Power to Conduct Prosecution 192
    • Power to Arrest without Warrant 193
    • Power to Search House, Shop, Warehouse or Premises 201
    • Power to Detain 203
    • Power to take Finger Prints 207
    • The Police and Civil Matters 208
    • The State Police Controversy 211
      • Origin of the Clamour for State Policing in Nigeria 213
      • Comparative Study of Other Jurisdictions 216
      • Options for Change? 219
    • Police And Investigation of Crimes 226
    • Jurisdictional Survey of Police System 233
    • Prospects of the Nigeria Police 237
  • RIGHTS OF SUSPECTS 240
    • Grounds of Arrest 244
    • Caution by Police against Self Incrimination 246
    • Language of Notice of Charge 248
    • Statement of the Suspect 249
    • Contact with Lawyers 252
    • Bail 252
      • Bail by the Police 254
    • Treatment of Suspects by the Police 256
    • Suspects and Fundamental Human Rights 257

CHAPTER SIX SUMMARY, CONCLUSION AND RECOMMENDATIONS

  • SUMMARY 272
  • CONCLUSION 276
  • RECOMMENDATIONS 277
  • CONTRIBUTION TO KNOWLEDGE 284
  • RECOMMENDATION FOR FURTHER RESEARCH 285

WORKS CITED           288

Introduction

1.1 Background of Study

Criminal justice system in Nigeria has become a subject where almost everyone, including criminal justice agencies have expressed diversed opinion.

But such is not unexpected because of the continuing revelation of how much the weight of public opinion has succeeded in influencing criminal justice machinery, that has more or less remained comatose with occasional ray of hope.

This work x-rays the criminal justice system in Nigeria; justifying the need for reform against the backdrop of the more advanced criminal justice systems that have proved workable, and can be said to be criminal justice ideal in the light of the 21st century.

For instance, in a case involving Mrs. Amaka Anajemba, the EFCC made use of plea- bargaining with respect to eco- crimes charges against the accused persons who were charged with defrauding a Brazilian bank to the amount of $242 million which led to the reduction of the original charges against the accused persons from 91 to 161.

The accused persons changed their plea from “not guilty” to “guilty”. Consequently they were tried, found guilty and convicted. This case appears to be the first adoption of plea- bargain in a public criminal proceeding in Nigeria.

WORKS CITED

Akanbi, M.M., The Judiciary and the Challenges of Justice, Nigeria:Patroni Books, (1996).

Akande, J.O.,  Introduction to the Constitution of the Federal Republic of Nigeria1999, Lagos: MIJ Publishers, (2003).

Akinseye-George, Y.,  Legal System, Corruption and Governance in Nigeria,Lagos: New Century Law Publishers Ltd, (2005).

Allot, A.,  Essays in African Law with Special Reference to Ghana. London: Butterworths, (1960).

Andrew, V.H.,  Doing Justice: The choice of Punishment, New York:Hill and Wing, (1979).

Biox, R.,    Citizen Governance Leading American Communities into the 21st Century, America: SAGE Publication, (1998).

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