By Waziri Isa Adam (Group Editor-in-chief)
Abuja-based African Regional Economic Integration Law and Policy Analyst, Professor Muhammed Tawfiq Ladan has called for urgent reforms in Nigeria’s criminal justice system, citing delay, corruption, and lack of resources as major obstacles to justice.
The renowned Legal and Policy Analyst, has also called for demonstration of political will to implement the provisions of the 2015 administration of Criminal Justice Act and Laws at the federal and state levels, citing among others, persistent delays, corruption and lack of adequate resources as major obstacles to effective administration of criminal justice
Professor Ladan made the submission yesterday in a paper titled, “Criminal Justice Administration in Nigeria: Issues, Lessons Learnt and Future Prospects “, presented in Abuja at an International Conference on Justice, Peace, Security and Development, organized by PRAWA in collaboration with the California State University, Sacramento, USA
The immediate past Director General of Nigerian Institute of Advanced Legal Studies (NIALS) reiterated that other factors inhibiting speedy trial include shoddy investigations, lack of witnesses, uncooperative witnesses, and inadequate resources.
The expert also lamented the corruption and abuse of office by some judicial officers and administrative personnel of the courts, which has eroded public trust in the system.
The Administration of Criminal Justice Act (ACJA) 2015 provides a framework for speedy dispensation of justice, but its implementation is crucial to addressing the challenges facing the criminal justice system.
The Nigerian criminal justice system is also faced with twin problems of congested courts and overcrowded correctional centers, prompting the need for restorative justice.
According to Professor Ladan, restorative justice focuses on reformation, rehabilitation, and reintegration of offenders into society.
The primary objectives of restorative justice include attending to victims’ needs, preventing re-offending, enabling offenders to take responsibility for their actions, and recreating a working community that supports rehabilitation.
The ACJA provides guiding principles for restorative justice measures, including reducing congestion in prisons, rehabilitating prisoners, and preventing convicts from mixing with hardened criminals.
The ACJA also introduces measures for achieving restorative justice, such as plea bargain, suspended sentence, community service, probation, compensation, restitution, rehabilitation, and treatment.
Despite the progress made in implementing the ACJA, challenges remain, including the need for capacity building among criminal justice actors, ending the frequent use of detention for children, and addressing operational deficiencies.
To address the challenges facing Nigeria’s criminal justice system, Professor Ladan offered three key areas that need attention.
Firstly, operational deficiencies in the Family Courts system, particularly in handling child offenders, must be tackled. This requires developing operational rules and guidelines to protect children and young offenders from detention and promote non-custodial sentencing. Reforming the legal regime of Borstal and Remand custodial institutions to focus on rehabilitation and reformation is also crucial.
Secondly, the development and approval of ACJA-based Sentencing Guidelines and Practice Direction for Federal High Court are imperative. This includes guidelines on recent laws related to Money Laundering, Terrorism Financing, and Proceeds of Crime, as well as the 2015 NAPTIP Act on Human Trafficking.
Processor Ladan who is Hubert Humphrey Fellow, USA, stressed that resource mobilization is vital for effective criminal justice administration. This involves partnering with the private sector, development partners, and donor agencies to support programmatic interventions, legislative and policy reforms, and capacity building for justice actors.