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Vuattoux, Arthur. "Adolescents, adolescentes face à la justice pénale." Genèses 97, no. 4 (2014): 47. http://dx.doi.org/10.3917/gen.097.0047.
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Jaccoud, Mylène. "La justice pénale et les Autochtones: D'une justice imposée au transfert de pouvoirs." Canadian journal of law and society 17, no. 2 (2002): 107–21. http://dx.doi.org/10.1017/s0829320100007262.
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AbstractThe administration of the justice system within Native communities went through several transformations in Canada. Under the pressures of First Nations' claims, the model of imposition has left room for others based on adapation of practices, participation, consultation and partial power transfers towards Native communities. Such processes of power transfers within the justice field, which started in the 1990's, are part of a more general movement of communitarisation of the penal system or diversion of some conflicts. They are not specific to native communities and limited by several factors, particularly by the founding premisses of the relations between the State and the First Nations, meaning the principle of incorporation of Native Peoples into the law of the State and the socio-economic conditions of Native communities.
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Bernard, Benoît, Anne Drumaux, and Jan Mattijs. "La prospective appliquée à la justice pénale belge : une méthodologie participative et intégrée." Revue française d'administration publique 154, no. 2 (2015): 523. http://dx.doi.org/10.3917/rfap.154.0523.
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Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America." International Journal of Legal Information 46, no. 2 (2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.
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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.
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Omoleye, Benson Oluwakayode, and Bolanle Oluwakemi Eniola. "Administration of Justice in Nigeria : Analysing the Dominant Legal Ideology." Journal of Law and Conflict Resolution 10, no. 1 (2018): 1–8. http://dx.doi.org/10.5897/jlcr2016.0242.
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Nwocha, Matthew Enya. "Customary Law, Social Development and Administration of Justice in Nigeria." Beijing Law Review 07, no. 04 (2016): 430–42. http://dx.doi.org/10.4236/blr.2016.74034.
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Oduntan, Gbenga. "Prescriptive strategies to combat corruption within the administration of justice sector in Nigeria." Journal of Money Laundering Control 20, no. 1 (2017): 35–51. http://dx.doi.org/10.1108/jmlc-09-2015-0042.
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Purpose A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption crusaders as President and Vice president, respectively. Although very few empirical studies exist on the subject of corruption within the justice system in Nigeria the intolerable popular impression is that the machinery of justice in Nigeria is quite notoriously corrupt. The aim of this paper is to identify strategies and mechanisms that will enhance the professionalism, effectiveness, integrity, accountability and transparency of the organisations within Nigeria’s administration of justice system both at the federal and state levels including Ministries of Justice, the Police, the Prison Service, immigration, customs and even the Bar. Design/methodology/approach Literature research is used to examine the problem. The author looks at corruption in the context of Nigerian laws. He tabulates the offences within the scope of the prohibition against corruption in Nigeria, as well as the incidences of corruption within the various sections of the criminal justice system. The prescriptive recommendations are divided into short-, medium- and long-term measures. Findings That corruption is actually prevalent in all areas of the Nigerian justice system. It is crucial that an impression must be made by the new administration in this area within a very short frame of time to arrest the situation and to reverse the damage caused so far. Research limitations/implications Word limit has not enabled us to go into deeper analysis. Lack of objective studies done from within the Nigeria justice sector itself on the manifestation of corruption. Originality/value Very original analysis based on unique insight into the issue as academics, lawyers and practitioners within Nigerian anticorruption institutions.
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Alobo, Eni E., and John Inaku. "AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM." International Journal of Engineering Technologies and Management Research 5, no. 12 (2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.
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This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.
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Olokooba, Saka Muhammed, and M. K. Adebayo. "PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA." Agora International Journal of Juridical Sciences 8, no. 4 (2014): 139–48. http://dx.doi.org/10.15837/aijjs.v8i4.1613.
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Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed.
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Hakeem, Ijaiya Olasunkanmi. "Law as a Means of Serving Justice in Nigeria." Pandecta: Research Law Journal 13, no. 1 (2018): 1–9. http://dx.doi.org/10.15294/pandecta.v13i1.14262.
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Right from the ancient times, the relationship between law and justice constantly appears to be one of the most stimulating as well as penetrating controversial ideas. The paper will discuss the fundamental concept of law and justice by assessing the ideas of a few justice thinkers, some key theories of law and justice, and some cardinal indicators of law and justice with a practical example from Nigeria. The study adopted qualitative research which comprises doctrinal and non-doctrinal methods. The research draws information from primary and secondary sources. The information obtained was subjected to content analysis. The paper found that justice is an inherent component of the law and not separate or distinct from it. The paper also found that the idea of justice has been trapped by political ideologies, religions, cultural intolerance, poverty, deprivation, gender discrimination, violation of human rights and inequality in Nigeria. In quintessence, the paper concludes that law is justice. The paper recommends that the courts should lean on the side of justice in any case of conflict between law and justice for effective administration of justice.
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Mujuzi, Jamil Ddamulira. "Private Prosecution in Nigeria under the Administration of Criminal Justice Act, 2015." Journal of African Law 63, no. 2 (2019): 225–50. http://dx.doi.org/10.1017/s0021855319000184.
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AbstractPrivate prosecutions have been part of the Nigerian legal system for a long time. In 2015, the Administration of Criminal Justice Act (ACJA) came into force. The ACJA provides for, inter alia, circumstances in which a person may institute a private prosecution. In this article, relying on jurisprudence emanating from Nigerian courts before the ACJA came into force, the author suggests ways in which Nigerian courts could approach the right to institute a private prosecution under the act. To achieve this objective, the author discusses: the right to institute a private prosecution; locus standi to institute a private prosecution; and measures to prevent abuse of the right to institute a private prosecution.
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McQuoid–Mason, David. "LEGAL AID IN NIGERIA: USING NATIONAL YOUTH SERVICE CORPS PUBLIC DEFENDERS TO EXPAND THE SERVICES OF THE LEGAL AID COUNCIL." Journal of African Law 47, no. 1 (2003): 107–16. http://dx.doi.org/10.1017/s0221855303002001.
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At the National Consultative Forum on Transforming the Administration of Justice System in Nigeria, convened by the Federal Minister of Justice and the Federal Attorney-General in November 2001, it was decided to draft a National Action Plan on Justice Sector Reform in Nigeria and to produce a Justice Vision document. The Ministry of Justice and the Attorney-General's office identified the need to examine ways of (a) upholding the Constitution and the rule of law; (b) promoting justice, fairness and human dignity; and (c) incorporating and expanding community participation in the administration of justice. The Legal Aid Council of Nigeria could contribute to this process by establishing a public defender network using law graduates in the National Youth Service Corps (NYSC). It may be possible to use the NYSC scheme to expand dramatically the current level of legal aid in Nigeria by employing the services of NYSC law graduates more extensively as public defenders. In order to consider the feasibility of such a programme the following factors will be considered: (i) the availability of lawyers and law graduates; (ii) the duties imposed by the Nigerian Constitution; (iii) the function of the Legal Aid Council; (iv) the operation of the Legal Aid Council; (v) the provision of legal aid services by the Legal Aid Council; and (vi) the cost of establishing a structured NYSC public defender programme.
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Olabode, Oyewunmi, Igbinoba Ebeguki, and Olusola -Olujobi. "Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015." Journal of Social Sciences Research, no. 57 (July 15, 2019): 1184–92. http://dx.doi.org/10.32861/jssr.57.1184.1192.
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Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.
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Vukor-Quarshie, G. N. K. "Developments in the Field of Criminal Justice Administration in Nigeria: Saro-Wiwa in Review." Journal of African Law 41, no. 2 (1997): 215–28. http://dx.doi.org/10.1017/s0021855300009414.
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Abdullahi, Ibrahim. "The Jurisprudence Of The Sokoto State Administration Of Criminal Justice Law 2019: Innovative Provisions, Redlines And Suggestions For Future Reforms." Advances in Social Sciences Research Journal 7, no. 6 (2020): 1–21. http://dx.doi.org/10.14738/assrj.76.8319.
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This article appraises the jurisprudence, innovative provisions, redlines inherent in the Sokoto State Administration of Criminal Justice Law 2019 and make suggestions for future reforms. Sokoto State is one of States in Nigeria that has domesticated the Administration of Criminal Justice Act 2015 (ACJA 2015) through the signing into law of the Sokoto State Administration of Criminal Justice Law, 2019 by his Excellency, the Executive Governor of Sokoto State, Rt. Hon. Aminu Waziri Tambuwal (Mutawallen Sokoto) to take care of the problems of incessant delay in the criminal justice system. This article uses the doctrinal research methodology in gathering information’s and observes the need to look holistically at the issue of poor draftsmanship while provisions that runs counter to the Constitution should be addressed. The article recommended amongst others that the provisions relating to expeditious legal advice from the office of the Attorney General of Sokoto State and prohibition against lay prosecutions cannot be effective if the manpower at the Ministry of Justice is not improved upon and the welfare of the lawyers at the said Ministry is not taken care of. Barring the above, it is a new dawn for Sokoto State in the administration of Criminal Justice.
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Okunola, Rashidi Akanji, and Matthias Olufemi Dada Ojo. "Re-Assessing the Relevance and Efficacy of Yoruba Gods as Agents of Punishment: A Study of Sango and Ogun." Issues in Ethnology and Anthropology 7, no. 4 (2016): 1057–76. http://dx.doi.org/10.21301/eap.v7i4.9.
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The general objective of this paper was to investigate the relevance and efficiency of Yoruba gods in the administration of punishment and justices on crime commitment. Two Yoruba gods (Sango and Ogun) were principally chosen. Six hundred (600) participants were conveniently sampled from three localities from three geo-political states in the western part of Nigeria. Univariate and bivariate analyses were used in the description of the samples and frequency distribution tables were employed in the presentation of the data. The results show that Yoruba natives still fear and respect these gods. The gods are still relevant and efficient in the administration of punishment on crime commission. The Yoruba natives show preference for the non-conventional punishments of these gods to modern criminal justice systems. Finally, the paper recommends the opinion survey polls on the inclusion of the invocations of these gods in the criminal justice systems of Nigeria and the likely implementations of the invocations in official swearing in ceremony for political and public office holders and the administration of the invocations in Nigerian courts of law.
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Chike, Osegbue,, and Madubueze, Madumelu H.C. "The Ombudsman And Administration Of Justice In Nigeria; A Study Of Anambra State; 2010-2015." IOSR Journal of Humanities and Social Science 22, no. 04 (2017): 40–57. http://dx.doi.org/10.9790/0837-2204054057.
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Igbineweka, V. O., W. A. Iguodala, and Blessing Osuigwe Anukaenyi. "Undergraduate Students’ Infractions and the Administration of Social Justice in Nigerian Universities." Journal of Education and Learning 5, no. 4 (2016): 181. http://dx.doi.org/10.5539/jel.v5n4p181.
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<p>Nigeria, situated in the West African sub-region of the African continent has an estimated population of over 170 million people with 146 universities. The demand for these universities in the recent past has been unprecedented with an average of 1.5 million applicants for placement annually, the highest anywhere in the world. Regrettably, public funding of the university is grossly inadequate with public expenditure per students as low as N168,000.00 or $1000 (given an exchange rate of N282 to $1). The consequences of the seeming inadequate funding manifest in overcrowded classrooms, inadequate facilities and unfriendly school climate with the attendant restiveness characterizing the behavior of students in the universities. It is the concern expressed by stakeholders about fairness in the administration of social justice that provides the motivation for studies. Three research questions were raised to guide the study perceived to be significant to university administrators, students’ union governments, security agencies and the society at large. The survey research design was chosen to observe and describe the situation of students’ disciplinary problems and the ability of university authorities to fairly administer justice to sanctioning infractions. A questionnaire titled: Students’ Infractions and Administration of Social Justice Questionnaire (SISAQUE) was designed and administered on 454 students and 146 members of Students’ Disciplinary Committees (SDCs) in the sampled schools bringing the total sample size for the study to 600. Data collected were analyzed with percentages, means and standard deviation. The result of data analysis showed that stealing, fighting, involvement in examination mal-practices, battery, intimidation, bullying, cyber crimes and involvement in cultism were the commonly reported infractions in the universities. It was also found among others that students have concerns about fairness in the administration of social justice in the universities. Based on the findings, it was recommended that other tertiary institutions such as polytechnics and colleges be fully developed to attract students with the belief that the unprecedented demand for university education in Nigeria will reduce drastically. It was also recommended that the culture of the rule of law be institutionalized in the process of administering social justice in the universities.</p>
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Salihu, Habeeb Abdulrauf, and Hossein Gholami. "Corruption in the Nigeria Judicial System: An Overview." Journal of Financial Crime 25, no. 3 (2018): 669–80. http://dx.doi.org/10.1108/jfc-01-2017-0005.
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Purpose The purpose of this study is to examine corruption in the Nigeria judicial system, the implications on justice administration and the fight against corruption in the country, and proffer recommendations on ways to eradicate corruption in the system. Design/methodology/approach This paper is essentially a desk research with reliance on secondary source of data in published outlets such as journal articles, online articles and books. Findings There is prevalence of corruption in the judicial system, and it is one the obstacles hindering the fight against corruption in the country. Originality/value Its scope is limited to issue and content analysis of judicial corruption in Nigeria.
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Adelabu Salawu, Mashud Layiwola, and Simeon Abiodun Aina. "Education for Peace and Justice in Nigeria: A Critical Analysis 1999 – 2015." World Journal of Social Science 4, no. 1 (2017): 40. http://dx.doi.org/10.5430/wjss.v4n1p40.
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The arrays of violent conflicts in Nigeria, and government’s reaction to them, through the application of adversarialhard powe, call for a review of governments, conflict handling styles. Since the advent of civilian administration in1999, education for peace and justice has not got the required impetus, and it should be at the bedrock of anydeveloping country’s master plan. The theory of pacifism, coined by the French peace campaigner, Emile Armand(2016), that peaceful, rather than violent or belligerent relations should govern human intercourse, was applied. Thispaper observed the prevalence of conflict in Nigeria, ranging from ethic and relations violence, Niger Delta crises,Boko Haram insurgency, communal conflicts, political violence, kidnapping, as well as the bombardment of courtswith political litigations among others. Lack of awareness of other non-adversarial methods of resolving conflicts hasled to its unabatedness, which has cost the country so much loss in human and material resources.This paper recommends that education peace and justice should be designed in a number of ways such as inworkshop and awareness campaigns. The formal channels must be well staffed with people grounded in peace andconflict studies, to be complemented with train-the trainers approach, in order to ensure suitable knowledge transfer.Government must exhibit good governance. As the level of illiteracy is high in the country, informal education forpeace and justice must be given greater emphasise. The use of internet and other means of information technologywill promote the dissemination of education for peace and justice in Nigeria.
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Oseni, Umar Aimhanosi. "Sharī‘ah court-annexed dispute resolution of three commonwealth countries – a literature review." International Journal of Conflict Management 26, no. 2 (2015): 214–38. http://dx.doi.org/10.1108/ijcma-06-2012-0050.
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Purpose – The purpose of this study is to examine the legal framework for court-annexed dispute resolution in courts with Sharī‘ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to propose reforms in the administration of justice system in the courts with Sharī‘ah jurisdiction in Nigeria and the relevance of such reforms to the ongoing reforms in the Middle East and North African (MENA) countries. Design/methodology/approach – This is an integrative literature review, which adopts a comparative approach in analyzing the conceptual framework of amicable dispute resolution in the modern world with particular reference to the Sharī‘ah court. Findings – The findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī‘ah jurisdiction in Nigeria and the MENA region. Practical implications – An exposition of the dispute resolution processes in Islamic law reveals the relevance of these processes in modern reforms of the administration of justice system. The practical implications of this study include the streamlining of the rules and procedures of modern Sharī‘ah courts in post-revolution Arab countries to allow for court-annexed amicable (alternative) dispute resolution initiatives. Originality/value – As far as it is known, this is the first conceptual study on the court-annexed dispute resolution frameworks of Sharī‘ah courts in three commonwealth jurisdictions.
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Atilola, Olayinka, Olayinka Omigbodun, and Tolulope Bella-Awusah. "Post-traumatic Stress Symptoms among Juvenile Offenders in Nigeria: Implications for Holistic Service Provisioning in Juvenile Justice Administration." Journal of Health Care for the Poor and Underserved 25, no. 3 (2014): 991–1004. http://dx.doi.org/10.1353/hpu.2014.0116.
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Ojo, VO, and N. Filbert. "Too much of a good thing: When transitional justice prescriptions may not work." South African Journal of Criminal Justice 33, no. 3 (2020): 526–42. http://dx.doi.org/10.47348/sacj/v33/i3a1.
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Transitional justice developed as a pragmatic concept prescribing a set of mechanisms to be used by societies or countries experiencing systematic periods of armed conflicts or emerging from authoritarian regimes characterised by egregious violations of human rights or humanitarian law. While relative success stories of its utilisation have been recorded, questions have been raised regarding the recent tendency to prescribe transitional justice for societies which have not or are yet to undergo any transition. Through its lack of success in Nigeria and debatable effectiveness in Uganda, the article shows that transitional justice mechanisms are not a cure-all. While it does not contend that there is a perfect notion of transitional justice, the article proposes that transitional justice mechanisms must be designed from the ground up, with the victims at the centre of the process. While transitional justice is a global project, this article argues that its success can be achieved when its applicability and administration take into account the contextual and indigenous focus with a move towards localising its mechanisms.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the federal executive council of Nigeria." Journal of Money Laundering Control 22, no. 2 (2019): 176–87. http://dx.doi.org/10.1108/jmlc-06-2017-0021.
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Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Chukwu, Amari Omaka. "Decongesting Prisons in Nigeria: the EBSU Law Clinic model." International Journal of Clinical Legal Education 20, no. 2 (2014): 533. http://dx.doi.org/10.19164/ijcle.v20i2.21.
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<p>Due to the growing problems of overcrowding and prison congestion in Nigeria, the need to conduct this pro bono study became imperative. This study is a needs assessment, evaluation and fact finding of the challenges and access to judges problems of detainees of Abakaliki and Afikpo Federal Prisons in Ebonyi State Nigeria. Bearing in mind the UN Standard Minimum Rules and other instruments in international law, the project report generally captures the following information:-</p><ul><li>State of the Structure of the prisons </li><li>Infrastructure at the prisons </li><li>Facilities at the prisons </li><li>Welfare of the inmates at the prison </li><li>Welfare of the prisons staff </li><li>Access to Justice by the inmates and</li><li>Other ancillary issues such as children in prison, over age in prison, nature of offences etc. </li></ul><p>In carrying out this study, empirical method of data collection and analysis was used. The two prisons in the state were visited and 250 prisoners responded to both the questionnaire and direct interview. Some staff of the Nigerian Prison Service and warders were also interviewed. The findings of this study were significant and highly revealing. The study specifically highlights certain issues of concern and proffers recommendations to address identified challenges. The report would serve as a national and international reference material as well as a programmatic tool for working out specific programmes and interventions to address the myriad problems facing the Nigerian prison system specifically, and the criminal justice administration system in Nigeria generally. The findings in this project are significant, the recommendations rich, we enjoin the government and development partners to implement them.</p><p> </p>
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the national judicial council of Nigeria." Journal of Money Laundering Control 21, no. 3 (2018): 253–63. http://dx.doi.org/10.1108/jmlc-01-2017-0001.
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Purpose This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures and to provide recommendations on how the policy could be strengthened. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper determined that the anti-corruption policy of the National Judicial Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: The Central Bank of Nigeria should permanently discontinue production of large denomination bank notes like the 1,000 naira notes and the 500 naira note. This policy will make it more difficult for corrupt judicial officers to smuggle significant amounts of cash out of Nigeria. The Constitution of the Federal Republic of Nigeria should be amended to allow ordinary citizens to participate in the criminal justice system. The jury system will speed up corruption trials, reduce bias, corrupt inducement of judges and enhance administration of justice in Nigeria. Statutes and civil procedure rules should require lawyers to certify “after reasonable enquiry” that motions have not been interposed for delay. As most courts experience high rates of adjournment because of medical illness, the adjournment policy of the National Judicial Council of Nigeria should be amended to require a doctors’ certificate and, if necessary, require the doctor to appear, with costs met by the lawyer. The National Judicial Council of Nigeria should be constitutionally mandated to provide the Attorney General of the Federation with a copy of any petition filed against a judicial officer by a member of the public. Research limitations/implications This paper focuses on the new anti-corruption policy of the National Judicial Council of Nigeria. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the National Judicial Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Salihu, Habeeb Abdulrauf. "Possibilities for the incorporation of African indigenous procedures and mechanisms of dispute resolution in the administration of criminal justice in Nigeria." Contemporary Justice Review 23, no. 4 (2020): 354–72. http://dx.doi.org/10.1080/10282580.2020.1719364.
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Ademola, Oyedokun-Alli, Wasiu. "A Jurilinguistic Analysis of Proverbs as a Concept of Justice Among the Yoruba." Journal of Language Teaching and Research 12, no. 5 (2021): 829–36. http://dx.doi.org/10.17507/jltr.1205.23.
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Polemical surveys of the rich cultural heritage of the peoples of Africa, especially before their contact, and eventual subjugation to the western imperialists have continued to reverberate across Africa and beyond. The surveys bemoan the abysmal disconnect between the African societies and their indigenous socio-cultural and institutional values. It has been pointed out, more than three decades ago, by Nkosi (1981) that indigenous languages formed part of a living organism forever changing to accommodate concepts and ideas which, over time, became the common heritage of all those who speak the same language. This paper examines the jurisprudential concept of justice among the Yoruba of South West Nigeria, with examples drawn from Yoruba proverbs. What linguistic instruments were available to canonize the justice systems and how were they deployed? The plethora of examples, it is found, have become etched on people’s consciousness and sensibilities, such that they become canonized into unwritten laws in many of the societies. In strict consideration of jurisprudence as the science of law, the study investigates how Yoruba proverbs constitute a corpus of linguistic materials used in informal administration of law among the Yoruba. Although lacking established benchmarks, many of the proverbs have become the codes in the process of administration of justice, which in many cases is conciliatory and not adversarial. In effect, therefore, the study is a contribution to the growing research on African linguistics and jurisprudential analysis. This viewpoint is ensconced in a metaproverb: “a re ma ja kan o si”. (Disagreements are inevitable amongst folks).
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PAUL, SALISU OJONEMI, and Prof Chikelue Ofuebe. "Unabated Corruption in the Government of Nigeria Despite the Economic and Financial Crimes Commission: Who Bells the Cat?" Society & Sustainability 2, no. 2 (2020): 45–58. http://dx.doi.org/10.38157/society_sustainability.v2i2.129.
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This paper examines the different dimensions and continuous corrupt practices in the federal government of Nigeria amidst President Buhari administration’s anti-corruption songs and war (2015 – date). It is observed that the menaces of infrastructural deficits are persistent and unabated due to billions of dollars that are carted away by both political and public office holders on a seasonal basis, and misfit appointment of public officials popularly referred to as ‘favoritism’ and the ‘lopsidedness.’ The study which is qualitative with data gathered from secondary sources. The paper found the fact that political and public office holders across administrations in Nigeria perceived corruption as a worthwhile venture despite the campaign against corruption. It is also noticed that the EFCC created to lead the anti-corruption war only barks without biting. The study advocated, among others, that the National Assembly should immediately reevaluate and review the Nigerian administration of the criminal justice system.
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Anaedozie, Florence. "Is Grand Corruption the Cancer of Nigeria? A Critical Discussion in the Light of an Exchange of Presidential Letters." European Scientific Journal, ESJ 12, no. 5 (2016): 11. http://dx.doi.org/10.19044/esj.2016.v12n5p11.
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Grand corruption maintains a firm grip on the Nigerian economic, social and political system despite the existence of numerous anti-corruption institutional bodies and the justice system. Grand corruption is the sore spot in Nigeria’s pursuit of transparency and accountability in governance and has ensured the continuous neglect of the rule of law and due process, national underdevelopment, violation of socio-economic rights and insecurity. This paper, using the metaphor of “cancer” appraises the endemic grand corruption in Nigeria in the light of “open letters” exchanged between two prominent former Nigerian Presidents. It argues that the contents of the “two presidential letters” places moral mandate on Nigerians to renew the commitment towards combating grand corruption, particularly with the emergence of a new administration whose agenda portends a policy of zero tolerance to corruption. The paper is a qualitative desk-based research using secondary data obtained from laws of the country on corruption; reports from Nigerian anti-corruption agencies; court records and cases; reports from newspapers and magazines; articles in journals and books; reports from websites of developmental agencies and the civil society organisations. The paper recommends the strengthening of the anti-corruption agencies, law reforms and national reorientation through mass education and mobilisation with the aim of combating the cancer of endemic grand corruption in Nigeria.
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J. O, Adefila,. "Geo-Political Structure and Integration Strategies in Nigeria since Independence: A Critique." Journal of Public Administration and Governance 2, no. 2 (2012): 9. http://dx.doi.org/10.5296/jpag.v2i2.1840.
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It becomes obvious that the critical problem of the governments in Nigeria is centred on how to sustain and maintain the territorial integrity of the country since we attained independence in 1960. The problem is traceable to the ethno-pluralistic and socio-cultural diversities among the various components that constitute the federal state. The British administration had profound influence on spatial imbalance and dualistic pace of the economy such that the country is polarized into poor rural, agricultural, disadvantaged on the one hand and urban, affluent, industrial and commercial on the other. The paper aimed at assessing the measures being adopted by successive governments in Nigeria towards national integration and stability in the midst of tribal, religious, and cultural differences. One made use of secondary information from official gazettes, journals, national dailies, literatures and research works. It was discovered that integrative measures such as adopting federal system of government, the issue of federal character, establishment of National Youth Service Corps (NYSC), and creation of more States and local governments have not yielded much improvements and achievement of maintaining unity, peace and progress. Instead, there has been political violence, ethnic clash, religious intolerance, civil unrests, armed robbery, leading to insecurity of life and properties. On this note, one recommends among other things an advocacy for holding national conference or referendum where rightful thinking stakeholders, elder-statesmen, political leaders and trade unions would put heads together and champion a new course for Nigeria to progress. Moreover, there should be social justice in the distribution and allocation of national resources to regions in the country without discrimination either on the ground of political, religious or tribal affiliations. The derivative principle should be strictly adhered to, such that wealth and mineral producing areas should have proportionate share of the national income. Finally, we should sink all differences in the country and allow democratic government to reign supreme in order to make Nigeria takes her rightful position in the world.
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Archibong, James E. "Intention to Create Legal Relations and the Reform of Contract law: A Conservative Approach in the Modern Global Era Social Development, Customary Law and Administration of Justice in Nigeria." Journal of Social Sciences Research, no. 62 (February 10, 2020): 177–84. http://dx.doi.org/10.32861/jssr.62.177.184.
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Intention to create legal relations is one of the essential elements of a valid contract. It is a critical factor in validating a contract alongside offer, acceptance and consideration. Even when an agreement fulfills these three basic elements, failure to prove intent to be legally bound nullifies the contract and justifies the refusal of the justice system to enforce it. It has been argued on one hand that as far as an agreement has met the basic elements of offer, acceptance and consideration necessitating a separate test of intention to create legal relations is inordinate. On the other hand, it has also been submitted that the doctrine should be retained. Through an analytical approach, this paper examines both sides of the contention and resolves in favour of retaining the doctrine. This will enhance commerce; guaranty contracting parties’ uninhibited right and freedom to enter into a contract and ensure certainty and stability in the realm of contract in a manner consistent with the requirements of modern global era.
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Yakubu, Sirajo. "Ude Jones Udeogu v FRN & Ors no SC. 622C/2019: its implication on fighting financial crime and the way forward." Journal of Financial Crime 28, no. 1 (2021): 18–25. http://dx.doi.org/10.1108/jfc-05-2020-0087.
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Purpose The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019. Design/methodology/approach This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws. Findings Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7). Research limitations/implications Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court. Originality/value There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.
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Chukwu, Christian Chima, Grace A. T. Scent, and Obuzor Mezewo Emerinwe. "Police brutality and human rights in Nigeria's democracy: Focus on restoration of man's dignity." Revista Brasileira de Gestão Ambiental e Sustentabilidade 7, no. 15 (2020): 155–70. http://dx.doi.org/10.21438/rbgas(2020)071512.
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After about twenty years of military rule in Nigeria, Nigerians seemed to have lost the ability to insist on their fundamental human rights. In this vein, any attempt to talk about human rights has been very controversial since the return of democracy in 1991 because the police seem to have taken over the lawlessness of the military as no day passes without a daily occurrence of extra judicial killings, accidental discharge, and other notorious acts against innocent citizens all over the country. Therefore, with police brutality observable in every nook and cranny of the Nigerian society, this study evaluates human rights abuses in Nigeria's democracy with a view to restoring man's dignity that is at lowest ebb today than ever. Since government seems confused on what steps to take to put a stop to the series of abuses of human rights, hypotheses were formulated and literatures related to the variables reviewed. Survey research design was adopted and a total sample of 150 respondents was selected through purposive sampling technique and simple random sampling technique. The hypotheses were tested at 0.05 significant levels and the results of the findings show that all the null hypotheses were rejected and the alternate hypotheses accepted at same significant levels. Among the findings, the study shows that the rule of law in Nigeria has fallen short of the expectations of the citizens. Secondly, the police force has become a stumbling block to the effective administration of Justice and efficient maintenance of law and order as cruelty against citizens are widespread. Furthermore, the sheer disrespect of rules of engagements with imunity by the police not only questions the ability of the government to protect its citizens but also undermines its credibility. Based on the findings, the study concludes that the Nigeria Police Force (NPF) have not only abdicated their constitutional functions, responsibilities and obligations to Nigerians, but are deeply engaged in human rights abuses, bribery, and extortions of money not only from motorists plying our roads but also in our habitudes at the least opportunity. In this light, the study recommends that as a security organization in a democracy, the Nigeria police should understand that democracy demands that the human personality in its course of development should be allowed to proceed without artificial forces or barricade so long as it actively does not violate the safety and reasonable right of others. In addition, there should be other far-reaching reforms and reorientations necessary to bring Nigeria's policing operations into conformity with constitutional and international human rights standards.
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CHENDA, T. L. "J. A. Yakubu and A. T. Oyewo, Criminal Law and Procedure in Nigeria, Lagos: Malthouse Press Ltd., 2000, xxvii+281 pp.; C. Eche Adah, The Nigerian Law of Evidence, Lagos: Malthouse Press Ltd., 2000, xlvii+293 pp.; J. A. Yakubu (ed.), Administration of Justice in Nigeria: Essays in Honour of Hon. Justice Mohammed Lawal Uwais, Lagos: Malthouse Press Ltd., 2000, xxv+250 pp." Journal of African Law 46, no. 1 (2002): 124–29. http://dx.doi.org/10.1017/s0221855302211827.
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Triana Sánchez, Jorge Luis. "Seguridad pública, violencia urbana y prevención social del delito en Acapulco, Guerrero, México." Clivajes. Revista de Ciencias Sociales, no. 14 (July 1, 2020): 229. http://dx.doi.org/10.25009/clivajes-rcs.v0i14.2674.
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Acapulco constituye un caso paradigmático de la violencia delincuencial en México; en los últimos años se ha consolidado como una de las ciudades más violentas del mundo y uno de los municipios con mayor número de delitos de alto impacto en el país. Este trabajo plantea un diagnóstico sobre incidencia delictiva y percepción de inseguridad, a partir de una discusión conceptual sobre las instituciones de seguridad y justicia, y su papel en la política criminal, así como de una revisión de la política de prevención implementada en el marco del Programa Nacional de Prevención del Delito (pronapred), mediante acciones focalizadas en cinco polígonos de atención prioritaria en Acapulco. Como estrategia metodológica, recurre al análisis de datos de fuentes primarias, que se obtienen mediante encuesta aplicada en 2016 y 2019, en dichos polígonos, con muestreos probabilísticos, y también de fuentes secundarias en materia de seguridad pública, procuración e impartición de justicia y sistema penitenciario; desarrolla, además, una evaluación del diseño del pronapred, a través de la revisión de los anexos únicos de coordinación y adhesión para el otorgamiento de apoyos de los años 2013 al 2018. Los resultados del estudio apuntan a que los recursos no se asignaron mediante criterios racionales ni objetivos, sino que financiaron acciones sin una relación clara con la prevención de la violencia y la delincuencia; acciones con impactos difíciles de medir, acciones que servían de insumo para otras acciones que en realidad no eran tomadas en cuenta y acciones que corresponden a instancias ajenas a la prevención del delito.Palabras clave: Política criminal, Prevención social, Incidencia delictiva, Percepción de inseguridad, Sistema de justicia penal Public security, urban violence and social prevention of crime in Acapulco, Guerrero, MexicoSummaryAcapulco is a paradigmatic case of criminal violence in Mexico. In recent years it has become one of the most violent cities in the world and one of the municipalities with the highest number of high-impact crimes in the country. This work proposes a diagnosis of crime incidence and perception of insecurity, based on a conceptual discussion of security and justice institutions and their role in criminal policy, as well as a review of the prevention policy implemented in the framework of the National Program for Crime Prevention (pronapred), through targeted actions in five priority areas in Acapulco. As a methodological strategy, it resorts to the analysis of data from primary sources, obtained through a survey applied in 2016 and 2019 in these polygons with probabilistic sampling, and also from secondary sources on public safety, procurement and administration of justice and prison system. It also develops an evaluation of the design of pronapred, through the review of the single annexes of coordination and adhesion for the granting of support from 2013 to 2018. The results of the study point to the fact that resources were not allocated through rational and objective criteria, but rather financed actions without a clear relationship with the prevention of violence and crime; actions with impacts that were difficult to measure, actions that served as input for other actions that were not actually taken into account, and actions that correspond to agencies outside of crime prevention.Keywords: Criminal policy, Social prevention, Incidence of crime, Perception of insecurity, Criminal justice systemSécurité Publique, violence urbaine et prévention sociale du délit à Acapulco, Guerrero, MexiqueRésuméAcapulco constitue un cas paradigmatique de la violence délictueuse au Mexique ; au cours des dernières années cette ville s’est constituée comme une des plus violentes du monde et une municipalité qui compte avec un grand nombre de délits de grand impact dans le pays. Ce travail propose un diagnostic sur l’incidence délictueuse et perception d’insécurité, à partir d’une discussion conceptuelle sur les institutions de sécurité et justice, et leur rôle dans la politique criminelle, il s’agit aussi d’une révision de la politique de prévention implémentée dans le cadre du Programme National de Prévention du Délit (pronapred, par se sigles en espagnol) à travers des actions focalisées dans cinq polygones d’attention prioritaire à Acapulco. Comme stratégie méthodologique, ce travail fait appel à l’analyse de données de sources primaires, qui sont obtenues à travers des enquêtes appliquées en 2016 et 2019 dans ces polygones avec des échantillonnages probabilistes et aussi de sources secondaires en matière de sécurité publique, procuration et impartition de justice et système pénitentiaire ; il développe en plus, une évaluation du dessin du pronapred, à travers la révision des annexes uniques de coordination et d’adhésion pour la remise d’appuis dans les années 2013 au 2018. Les résultats de l’étude visent envers la non attribution des ressources au moyen des critères rationnels et objectifs, sinon qu’elles ont financé des actions sans aucun clair rapport avec la prévention de la violence et de la délinquance ; des actions avec des impacts difficiles à mesurer, des actions qui servaient comme intrant pour d’autres actions qui en réalité n’étaient pas prises en compte et des actions qui correspondaient à des instances étrangères à la prévention du délit.Mots clés : Politique criminelle, Prévention sociale, Incidence délictueuse, Perception d’insécurité, Système de justice pénale
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Nwedu, Cosmos Nike. "Enhancing Legal Aid through University law student engagement: a case study of the EBSU Law Clinic model." International Journal of Clinical Legal Education 24, no. 3 (2017): 98. http://dx.doi.org/10.19164/ijcle.v24i3.669.
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The provision of legal aid to underprivileged and vulnerable citizens who could not have ordinarily been able to provide for self legal representation and access to the court system is infrequent in many societies today, especially in most developing countries. There is also an observed non-inclusiveness in the delivery of legal aid. These have starkly resulted to a gap that impacts administration of justice negatively. However, the emergence of clinical legal education (CLE) at different law schools and universities around the world becomes a remedial approach both to increasing the consistency and breadth of legal aid activities, including promoting inclusiveness. CLE is gradually assuming a great height of unprecedented importance and progress in academic curriculum globally. Many universities and law schools have begun to incorporate law clinics into their educational curriculum not just as an essentially approved aspect of their legal education or a novel course of study that involves different pragmatic approaches of engaging law students on learning, but also as a practical mechanism for providing unmatched pedagogy that focuses on diverse lawyering skills successively maximized in providing free legal services to those citizens whose survival depends on the public mercy. This paper discusses how the engagement of university law students from CLE perspective helps to enhance the provision of legal aid to underprivileged and defenseless citizens. Consequently, Ebonyi State University (EBSU) Law Clinic model is used for a methodological case study analysis to that effect. EBSU is a State University in Nigeria and has effectively run its Law Clinic since inception till date, combining both empirical and theoretical approaches in providing pro bono oriented legal services to unprotected Nigerians. The paper further examines the modus operandi of the EBSU Law Clinic and highlights significant reasons why the Clinic stands to be a reference practice model.
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Udombana, Ngozi J. "Administration of Criminal Justice Act of Nigeria 2015." IALS Student Law Review, October 20, 2020, 51–65. http://dx.doi.org/10.14296/islr.v7i2.5204.
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The quality of any legislation is determined chiefly by its ability to accurately communicate its intention as well as its capacity to meet the society’s expectations and needs at every point in time. Language is the tool of communication. Legislative competence requires a good mastery of the use of written language and the relevant techniques for translating legislative intent into properly structured sentences that serve the goal of the legislation. Nigeria’s Administration of Criminal Justice Act (ACJA) 2015 was long overdue and well received. It aimed at tackling the multi dimensioned problems that plagued the criminal justice system for decades. Through a desk review, this article examines certain legislative expressions in the Act. It finds that the Act is plagued by a significant measure of substantive and legislative expression gaps, which diminish its quality and negatively impact its implementation. The article proffers relevant alternative redrafts and suggestions. Its position is that if these gaps are not timely addressed, they may further affect the effective implementation of the Act. It, therefore, recommends the amendment of the Act along the line of the issues identified in the article, in addition to all other related issues in the Act.
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Abhulimhen-Iyoha, Dr Alfred, and Dr M. O. Oseghale. "Juvenile Justice Administration in Nigeria and Contemporary International Standards." JOURNAL OF LAW AND CRIMINAL JUSTICE 8, no. 1 (2020). http://dx.doi.org/10.15640/jlcj.v8n1a10.
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Obutte, Peter Chukwuma. "Corruption, Administration of Justice and the Judiciary in Nigeria." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2727319.
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Adeoye, Feranmi. "COVID-19: Impact on the Administration of Criminal Justice in Nigeria." SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3757851.
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Azubuike, Lawrence. "Plea Bargaining in Nigeria Under the Administration of Criminal Justice Act." African Journal of Legal Studies, September 30, 2020, 1–23. http://dx.doi.org/10.1163/17087384-12340065.
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Abstract In the past decade or so, the subject of plea bargaining has assumed a, hitherto lacking, currency and has become more topical in Nigeria. This owes to the activities of the anti-corruption agencies which have, of recent, tended to use it in the resolution of cases. This increased use has resulted in outrage and condemnation of the practice. In order to ameliorate the perceived abuse of the practice of plea bargaining, the new criminal procedure statute, the Administration of Criminal Justice Act 2015 (the ACJA), attempts to make comprehensive provisions to guard against its abuse. This article critically assesses the provisions of the ACJA on plea bargaining. It finds that the provisions are unduly broad, verbose and clumsy. Many are superfluous and overlap with others. It suggests an amendment of the statute in order to streamline such provisions.
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Abdulraheem-Mustapha, Mariam. "Strengthening the Criminal Justice System in Nigeria through Alternative Dispute Resolution." Journal of Law, Society and Development 5, no. 1 (2018). http://dx.doi.org/10.25159/2520-9515/7077.
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It is generally argued that criminal justice system is entrusted with the responsibility for controlling criminal behaviour and punishing the offenders. The process commences with the commission of a crime and continues with subsequent interventions by the law-enforcement agencies. However, many factors come into play in determining whether or not the whole process runs its full course, considering its inefficiency in recent times. Using a qualitative method, this article examines the effectiveness or otherwise of the newly introduced alternative dispute resolution (ADR) in terms of the Administration of Criminal Justice Act, 2015, in order to ascertain whether or not the concept is comprehensive as a mechanism for protecting the victims, the accused person and society. The findings revealed that the current criminal justice system in Nigeria is poor, ineffective and in dire need of reform. The article therefore recommends, among other things, that Nigeria move away from the conventional retributive justice system and incorporate a restorative or reparative justice system. ADR should also be strengthened in order to provide for effective and timely dispute resolution that is able to support a modern economy. Furthermore, there should be more training courses for all the participants in the justice system, as training will serve to enhance the effective administration of criminal justice in Nigeria.
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Sa’ad, AbduI-Mumim. "PROBLEMS OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA: LESSONS FOR THE THIRD REPUBLIC." Annals of the Social Science Academy of Nigeria 4, no. 1 (1992). http://dx.doi.org/10.36108/ssan/2991.04.0160.
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The administration of criminal justice all over the world is infested with problems. The problems are undoubtedly more in number and seriousness in a Third World country such as ours, Nigeria. This paper identifies and 1 explains in some details only some of the more serious of the problems in Nigeria. It does so within the context of the five major stages involved in the administration of criminal justice which includes: charges and pleas; bail and remand; trial and legal representation; judgment and sentencing; as well as appeals. The paper then concludes by offering some useful solutions to each of the problems identified and explained in the paper, calling upon the Third Nigerian Republic to implement those recommendations for a better administration of justice in the country.
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Arowolo, Grace Ayodele. "An Appraisal of the Legal Framework for Child Justice Administration in Nigeria." Journal of Law and Criminal Justice 6, no. 1 (2018). http://dx.doi.org/10.15640/jlcj.v6n1a7.
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Echewija, Sule Peter. "Plea Bargaining and the Administration of Criminal Justice in Nigeria: A Moral Critique." IAFOR Journal of Ethics, Religion & Philosophy 3, no. 2 (2017). http://dx.doi.org/10.22492/ijerp.3.2.03.
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Zumve, Samuel Iornenge. "Youth Crime and Justice Administration in Nigeria: The Inmates’ Experiences, Perceptions and Outcome." International Journal of Humanities & Social Studies 8, no. 9 (2020). http://dx.doi.org/10.24940/theijhss/2020/v8/i9/hs2009-047.
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Tarh-Akong Eyongndi, David. "The Administration of Criminal Justice Act, 2015 as a harbinger for the elimination of unlawful detention in Nigeria." African Human Rights Law Journal 21, no. 1 (2021). http://dx.doi.org/10.17159/1996-2096/2021/v21n1a19.
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SUMMARY Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) guarantee the rights to dignity of the person, personal liberty and freedom of movement. These rights connote that no one shall be arbitrarily arrested; anyone arrested shall be brought before a court of competent jurisdiction within a reasonable time, otherwise such detention is unlawful; where a person is lawfully detained, it shall be under humane conditions. Despite these constitutional safeguards, people continue to be detained in detention centres beyond the permissible periods without an order of court and in inhumane conditions. Thus, unlawful detention is one of the challenges confronting the administration of the criminal justice sector in Nigeria. In 2015 the National Assembly, in a bid to address the challenges in the sector, particularly unlawful and inhumane detention, enacted the Administration of Criminal Justice Act (ACJA) which is generally perceived as revolutionary legislation owing to provisions such as sections 29, 33 and 34 thereof. These sections require the chief judges of the various High Courts to appoint a judge or magistrate to visit detention centres at least once in a month to review cases of unlawful detention and awaiting trial detainees. This article adopts a doctrinal research methodology in examining the impact of these provisions in overcoming the menace of unlawful detention in Nigeria. It examines the challenges that may confront the implementation of these sections of the Act, such as administrative bottlenecks and unscrupulous attitudes of the personnel of the various detention centres. The article makes vital recommendations on how to overcome the challenges of taming the negative tides of unlawful detention in Nigeria. Key words: Constitution; criminal justice system; detention centres; magistrate; Nigeria
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Omilusi, Mike Opeyemi. "JUSTICE FOR THE RICH, JUDGEMENT FOR THE POOR: ‘ELITE IMMUNITY’, RAMPANT IMPUNITY AND THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA." Revista Brasileira de Estudos Africanos 4, no. 7 (2019). http://dx.doi.org/10.22456/2448-3923.90464.
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Na Nigéria, hoje, alguns aspectos de nossa constituição dão cláusula de imunidade aos titulares de cargos políticos, o que os impede de serem processados em um tribunal de justiça por supostas ofensas contra o estado cometido durante o mandato até depois de seu mandato. Esta cláusula de imunidade levou a uma taxa alarmante de ilegalidade executiva e corrupção oficial nos corredores do poder pela classe dominante política nigeriana, uma vez que eles abusam continuamente desses privilégios com alto senso de impunidade. Seus associados e amigos também desfrutam de imunidade não oficial, enquanto exibem de forma imprudente as leis existentes. Isso, muitas vezes, fica sem qualquer forma de punição para dissuadir outros criminosos em potencial. Muitas vezes precipita mais abuso na política. No entanto, enquanto os tribunais nigerianos tratam de maneira jocosa e aparentemente implacável com os pobres, os ricos são privilegiados e na maioria das vezes evitam a justiça. Embora a constituição nigeriana garanta justiça e igualdade para todos os cidadãos, muitas pessoas, especialmente os pobres e vulneráveis, ainda não conseguem ter acesso à justiça no país. Enquanto os pobres são apodrecidos na prisão por muitos anos, esperando o julgamento, um mecanismo de pouso suave é planejado para os ricos – apenas para devolver uma fração do dinheiro roubado e ir para casa. Este estudo, portanto, questiona o conteúdo e o contexto da imunidade de elite e sua cultura de impunidade que permeia o ambiente político na Nigéria.
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Ladan, Muhammed Tawfiq. "The Role of the Administration of Criminal Justice Act, 2015 in the Trial of Corruption Cases in Nigeria." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2814635.
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