AN EVALUATION OF THE CRIMINAL JUSTICE SYSTEM IN NIGERIA

ABSTRACT

stract:- In the wake of seemingly normalized criminality and its unabated wave in Nigeria and the need for concerted efforts to understand its pervasiveness, this paper examines the role of the Nigeria criminal justice system (CJS) in criminal behavior control. The effectiveness of the CJS was analyzed as an instrument of socialjustice and criminal behavior control. From the point of view of some social-psychological theories and concepts, the paper submitted that the lack of credibility on the part of the communicators,the Nigeria CJS (i. e. the police, lawyers, judges, and the prisons), in their administration of justice and the laws has been responsible for an avalanche of social injustice, lack of discipline and lawlessness in Nigeria and Nigerians. The Nigeria CJS, who constitutes the supposed custodians of the laws, is largely indicted, therefore as responsible for the ineffectiveness of the system in criminal behavior control. This paper therefore argues that once the image of theNigeria CJS is rebuilt, through positive behavioral change,for its actors to be accepted as legitimate and credible instruments in ensuring compliance with the law, it then becomes easy to control criminal behaviors among Nigerians as Nigeria CJS actors are significant models for social influence and behavioral change. Keywords: Criminal Justice System, Credibility, Criminal Behavior Control, Nigeria.

CHAPTER ONE INTRODUCTION

1.1 BACKGOURND OF THE STUDY

Criminal Justice System (CJS) is an essential part of any civilized nation to ensure justice, fairness, the practice of the rule of law and the institutionalization of a democratic system.  The CJS is a system comprising

of many  bodies, groups, institutions or agencies  that have been charged  with the responsibilities of  ensuring

social agreement and mass compliance  with the  law, and deciding whether or not an individual  is guilty  of

violating the laws of the society, and the appropriate punishment to be meted to such an individual. In addition to such responsibility, the CJS is also responsible for the care and rehabilitation of individuals found guilty of

breaking the  laws and to  whom prescribed punishment is  meted out.Anecdotal evidences and  a cursory look

around one however suggests that something is wrong somewhere particularly considering the waves of crime in

Nigeria. Instances of kidnaps for a ransom, incessant killings and armed robbery attacks are daily in the news.

More  worrisome  is  the  alarming  cases  of  recidivism  which  then  calls  to  question  the  usefulness  of  the

rehabilitation  and reformatory  homes.   The question  then is,  what characteristics  of the  CJS  factors in  the

effectiveness or otherwise of this system?This paper, thus, focuses on the roles of the Nigeria criminal justice

system and its effectiveness in criminal behavior control. The roles and effectiveness of its principal actors are

examined and analyzed within relevant theoretical frameworks. For the purpose of this paper, crime is depicted

as any act which is against the law and which attracts punishment and/or fine as stipulated by the law. Hence,

any reference  to crime  in this paper captures crimes  such as  corruption, fraud, bribery, embezzlement, rape,

murder, robbery, assault, and so on that violates the laws of the nation. 

I.2 CRIMINAL JUSTICE SYSTEM: THE CASE OF NIGERIA 

  The CJS of a nation represents a system or structure through which the laws guiding the existence and

order of  such a  society is applied  and the  rights of the  citizens are upheld. Certain characteristics  have been

associated  with  CJS.  They  include  fairness,  justice,  equality  effectiveness  and  efficiency  (Alemika,  2014;

Alemika&Chukwuma,  2005;Gabbay,  2005).  These  characteristics  spell  out  equity,  offence-punishment

proportionality,  constitutionality, public  order and  safety  and integrity  among  other things.  Criminal  justice

implies ascertaining whether or not an accused is guilty of a crime and ensuring that due process is involved in

the determination of guilt or innocence and the administration of punishment or compensations as appropriate.

Thus, the  CJS is a social  influencing agent  that is concerned with orderliness,  peace and tranquility in  most

societies.In influencing others, behaviors can be regulated and managed. However, if the process of influencing

others is, in any form, tainted, then such influence may become either negative, difficult to achieve and, or, may be  met  with  outright  rebellion  and  disregard.  Therefore  in  persuading,  exerting  influence  and  ensuring

compliance, the agents of influence must be credible (Ajzen, 1992; Passer, Smith, Atkinson, Mitchell & Muir,

2003). A criminal justice system is a  system made up of different agents charged  with the responsibilities of

investigating  and  prosecuting  criminal  cases  and the  correction  and rehabilitation  of  those found  guilty  of

opposing  the laws.  Evaluation  of the  effectiveness  of the  Nigeria  CJS is  an  issue  that  apparently requires

attention; given the seemingly unchecked lawlessness that pervades the nation, the phenomenon and increased

rate of recidivism in Nigeria, as in most other societies, and the general opinion and perception of justice as a

mirage. Nigeria criminal justice system ought to connote an orderly system within which rights of the citizens

are protected and those who err on the side of the law are prosecuted. Thus, it would be an aberration for this

same  system  to  be  characterized  by  ineptitude  and  injustice.  Because  glaringly,  a  system  whose  principal

constituents demonstrate utter  disregard for the office and purpose  for which they  are sworn to  uphold is  an

aberration.    But Anaedozie  (2016),  submitted  that  the  management  of social  order  in  Nigeria  polity poses

serious challenges. Okogbule (n.d), argued that from the point of arrest, to investigation, arraignment in court,

case hearing, verdict and execution of court verdict, the Nigeria CJS is tainted. Thus, Nigeria seems to continue

to struggle with upholding its laws amid myriad criminality that seem beyond the power of the CJS to solve. 

The principal actors in the Nigeria CJS charged with the responsibility of maintaining one aspect of the law or

the  other  including:  the  Economic  and  Financial  Crime  Commission  (EFCC),  the  Federal  Road  Safety

Commission (FRSC), the Police, the judges, the prisons and so on are often said to be enmeshed in ineptitude,

corruption, and injustice. However, this paper  focuses on the roles of the police, judges and  the prisons.  The

reason for this choice is that these three actors are the length and breadth of the Nigeria CJS (Martins Library,

n.d; Onimajesin, n.d; “The role of prison”, 2015). The point from being a suspect to being convicted or acquitted

of  charges  and  the  execution  of  sentence  of  those  judged  guilty  are  within  the  domain  of  these  actors.

Furthermore, they are representatives  of the  government; the  bridge between the government and the people. 

The endemic corruption in the nation has been attributed to the failure of the government to curb this social ill

(Anaedozie, 2016). In other words, it could be said that the failure of the CJS, an organ of the government for

the maintenance of justice and rule of law, to instigate process that will eliminate corruption, bring to judgment

those found guilty of it and to remain corruption-free itself has borne several statements from concerned parties.

According  to  Oyebode  (2001)  “…corruption  …become  our (Nigeria’s)  fundamental objective  and directive

principle  of  state  policy”.  Anaedozie (2016) on  the other hand favors  the  term “grand  corruption”  which  was

identified as  the “sore spot” obstructing Nigeria’s  path towards attaining transparency, accountability, effective

rule of law, national development and security. Although within the Nigerian make-up, the judiciary connotes

the law court. Hence, when the term judicial corruption is referred to, what come to the mind of everyone are the

corrupt acts engaged in by judges. However, this paper strongly supports the position of Banjoko (2015) who

maintains  that the  term  judicial corruption  embraces corrupt  acts by  all  law enforcement  agents  who share

responsibilities  in  ensuring  the  due  process  and  credibility  of  the  CJS.  Such  agents  include  the  police,

prosecutors, lawyers, and all other court officials.The popular sentiment is that these agencies or institution have

failed and continues to fail to uphold the law and execute the statutory expectations vested on them (Anaedozie,

2016; Osasona, 2016). The Nigeria CJS have been scorned with such derisive statements like “the conveyor belt

of injustice from beginning to end” (Amnesty International, 2008) and “Justice is for sale to the highest bidder”

(Nigeria, 2010). This explains why the general belief and perception of justice as an illusion in Nigeria holds

sway.    Nigeria  was  ranked  as  the  136th  most  corrupt  country  out  of  the  174  surveyed  by  Transparency

International in their 2014 report and the 3rd most corrupt country in West-Africa, 144th in 2013, 139th in 2012

and 143rd in 2011 (Ejike, 2014). It seems as if Nigerians are becoming numb to acts of criminality and illegality

in the nation, since such acts go uncurtailed or uncautioned in the perpetrators. Nigerians seem to have come to

accept their fate and survive in a world of chaos. A cursory look at criminal activities that have gone unchecked

and have come to be accepted as normal by Nigerians include: careless packing of drivers on the road, the use of

cars that are no longer road-worthy, driving without the necessary documents, violating traffic rules, bribery of

road-security officials (police, soldiers, FRSC officials), bribery of officials of the law court, road blockage by

miscreants called  ”Area  Boys”  or  “Agberos”  who  demand  money  from  commercial  vehicles  and  private  car

owners, blocking of government roads for party use, just to mention a few. One is left to wonder whether there

are no laws to caution such unbridled acts as above.Another area in which CJS has failed is in its inability to

generate  and  maintain  reliable  crime  data  owing  to  political  and  administrative  problems  (van  der  Spuy

&Röntsch, 2008). Such statistics, if available, may be used to identify trends in criminal activities and possible

link to specific socio-economic or environmental condition triggers. In addition, there will be identification of

repeat  offenders  and available  information  for  policy formulation  and  implementation.The  Centre  for  Law

Enforcement Education [CLEEN], a non-governmental organization established to investigate public opinions

of governmental issues conducted a study in 2012 on national crime and safety using 11,518 male and female

adults sampled  from the 36 states  of the federation. The  study revealed  that the number  of people who were

afraid of becoming victims of crime increased to 75% in the year 2012 from the 72% of the previous year. 1 in The Nigeria Criminal Justice System And Its Effectiveness In Criminal

DOI:10.9790/0837-2202043348                                     www.iosrjournals.org    35 | Page

every 3 participants had actual experience of one form of crime or another in the period covered by the report.

Furthermore, only 2 in 12 respondents reported crime victimization to the police with less than half of those who

reported  being  satisfied  with  the  police  handling  of  the  case.  Those  who  were  not  satisfied  cited  police

ineffectiveness,  corruption, inadequate  feedback  and insensitivity  as their  major reasons.  Also there  was an

increase  in  bribery and  corruption  among  government  agencies  of which  police, prison  workers  and  court

personnel were  included. When  asked the  area to  be given  priority by the government,  crime control got the

highest  recommendation  (CLEEN,  2012).  Similarly,  a  report  of  a  research  collaboration  in  2015  by

Afrobarometer and Transparency International documented that an interview with 43,143 Africans revealed that

in Nigeria, 78% believe the government to be doing badly at curbing corruption; 75% believed that corruption

had  increased over  the  past  year  and police  and the  court  of law  were indicted  as being  the most  corrupt

institutions out of the key public services surveyed. People who have had transactions with police and the court

were the most likely to have paid bribe and Nigeria was listed as one of the African countries with the highest

rate of corruption with a bribery rate higher than that  of the regional average (Pring, 2015).Within the above

exposition, some  actors of the  Nigeria CJS will be  examined with a view  to analyzing their  effectiveness as

agents of justice. These actors are picked from among others because they are involved in a connecting chain

that bounds the  CJS from  arrest to adjudication  and punishment/rehabilitation  of individuals found guilty of

breaking the law (e. g. Martins Library, n.d; Onimajesin, n.d; “The role of prison”, 2015).

1.3 THE NIGERIA POLICE

  The  Nigeria Police  is a  paramilitary federal  institution  whose operation  is under  the  control of  the

President of the country. The Nigeria Police is, by law, vested with the responsibility of detecting, investigating

and solving crime so as to ensure peace and stability in the nation. Within the criminal justice system, the police

is referred to as the gatekeeper (Alemika, 2014) since they set in motion a criminal case. Within the category of

the Nigeria Police Force are other similar organizations like Nigeria Customs Service, Economic and Financial

Crimes Commission [EFCC] and Immigration Services, to mention a few (Alemika, 2014; Osiwaju, n.d). From

the responsibilities vested in the police as recorded in the Nigeria constitution, criminal cases are initiated by the

police who investigate, summons, makes arrest, detain and sets in motion the case. However, when the police

are besieged by behaviors that are antithetical to the purpose for which they were established, then the society is

set  for  anomie.  According  to  Wambua (2015),  in  a  survey by  Afrobarometer,  a  pan-African,  non-partisan

research network that  reviews public  opinions on  issues of governance, democracy and other developmental

issues that span  more than  30 African  countries, it  was found  that across  34 countries,  about half  (53%) of

citizens would seek out the police first for assistance in a crime situation. Also, of the 34 countries, the police

rank lowest of the trusted public institutions in Nigeria. The report concluded that the police institution is the

most corrupt  in all  the African  nations surveyed  and issues  related to  police performance and effectiveness

prevented  people from  reporting crimes  to the  police.Human  Rights  Watch (2005)  reported that  about  900

police officers  were dismissed in the  year 2004 from the  Nigeria Police  Force on the ground  of extortion.In

another  report, 51%  of Nigerians  expressed dissatisfaction  with the  police, a  figure  higher  than the  Africa

average of 45%. While of  all security  institutions in  the nation, the  Nigeria Police  has the least trust of the

citizens  with  59%  indicating  that  they  have  no  trust  in  the  police  (Afrobarometer,  2005).  Another  study

conducted in 2003 by CLEEN  foundation reported that the Nigeria police’s incompetence to curtail corruption,

brutality and unruliness undermines public opinion of them. Equally there are incessant reports of police officers

violating their code of conduct and the fundamental human rights of citizens. A look at newspapers and other

online media publications exemplifies some of the atrocities perpetrated by some officers of the Nigeria police

force. The following are excerpts from the media on police misdemeanors

a. “The Nigerian Police  Force  on Monday said  it  has  arrested an officer  …  Mr.  Chiyem demanding  money  in

dollars from a Nigerian-American and his two friends. Mr. Chiyem had apparently detained them for alleged

traffic related offences…” (Ibeh, 2014).

b. “A  heavily  drunk  policeman  was  spotted  Thursday  morning  at  a  popular  bustop  in  Surulere  area  of

Lagos…the man was so drunk that he could barely walk…this happened around 8.45am…” (NaijaGists.com,

2015).

c. “A police officer of the Mobile Police (Mopol) wing…, was caught on camera brutalizing two women… who

dipped one severally in mud water and later pointed his riffle at her and threatened onlookers with a shot in

the air” (Nigeria Police Watch, 2014).

d. “…Former Inspector General of Police (IGP), Mr. TafaBalogun was yesterday sentenced …  to  a  six  months

imprisonment for concealing vital information to the Economic and Financial Crimes Commission (EFCC)

over his alleged business concerns… amounting to over N17.7 billion…” (Oji &Okenwa, 2005).  

It is apparent that the resultant effect of a lawless, bribable and corrupt police force is lawlessness and social

disarray given the lack of compliance with rules by those who have “bought” the police. A worst case scenario

is when the police collaborate with criminals to plan and execute crimes. A case in mind is that of the notorious

armed-robbery gang comprising of  Anini, Monday  Osunbor and  a police officer named Festus Iyamu  in the

early 1990s. Iyamu was later revealed as the police officer (DPO) in Benin City who supplies the armed robbery

gang with ammunitions for their operations and leaks police information secrets about the gang’s arrest to them.

Society is unsafe as crime prevails, fundamental human rights violated, and physical and psychological health

compromised. This constitutes a contradiction of the purpose of this institution and a  violation of their social

role. Rather than abate or eliminate crime and maintain peace and order, it exacerbates social vices. As rightly

captured by Kumssa (2015), police dishonesty weakens their perceived value and effectiveness in the eye of the

citizens.

1.4 THE COURT

  While the police initiate the process of a criminal proceeding, the courts are there to ensure that all due

processes are explored in the dispensation of justice. The court’s role is to establish, without doubt, the guilt or

innocence  of  individuals  brought  before  her  and  to  ensure  that  adequate  and  appropriate  punishment  or

rewards/compensation are given  as applicable.  In other  words, an  effective judicial system ensures justice  is

upheld in all legal proceedings. The courts in Nigeria represent the judiciary and according to the Nigerian

constitution, it is saddled  with the  responsibilities of ensuring  fair dispensation  of justice.  The courts  in the

country, in order of hierarchy, are: the magistrate/district courts, the high court/sharia/customary court of appeal,

court of appeal and the Supreme Court (Olamide, 2016). These courts have the functions of interpreting the law,

adjudication  and  judicial  review;  and  at  a  more  general  level,  it  resolves  disputes  and  enforces  the  law.

However, when the  system saddled  with the responsibility of dispensation of justice  is, itself  sometimes, an

embodiment of corruption and  injustice, then the  masses are in trouble.  This is  because the  social order is

threatened where it is possible to contradict the law and go scot free. Unfortunately, such is the case in Nigeria.

The judiciary have been  described as equally corrupt  as those  arraigned before  the court (Akinlotan, 2016).

Literature on  the performance of the Nigerian judiciary  is replete  with accounts of  corruption, misdemeanor,

deliberate misinterpretation of the law, unnecessary delay in legal proceedings, haphazard legal proceedings and

violation  of  rights  of  the  citizens  (Edosa&Fenemigho,  2014;  Egbewole&  Imam,  2015;  Transparency

International, n.d; United Nations Office on Drugs and Crime [UNODC], 2003).

 Newspaper accounts of corrupt judges include the following:

a.“…After  a  thorough  investigation…Justice  OkwuchukwuOpene…  took  a  bribe  of  N15,000,000.00…  and

Justice  David  AdedoyinAdeniji  took  a  bribe  of  N12,000,000.00…and  three  unascertained  Ghana-must-Go

bags… dismissed those two Justices from the Judicial Bench of Nigeria…” (Otorofani, 2010).

The  above  account refers  tothe  Anambra  South Senatorial  District  election  petitions’  tribunal to  settle  the

election dispute between Nicholas Ukachukwu against that of Dr. UgochukwuUba. The two justice of the court

of appeal named above were alleged to have taken bribe to reverse the election result.

b.“The figure is startling – 64 of the 1,020 superior court judges have been sanctioned in the past five years for

corruption…” (Onanuga, 2015).

The above account  of judicial corruption is with no  doubt alarming given that  these people  are supposed to

ensure justice and fairness and be the “hope of the common man”. What is the hope of a nation whose judiciary

is enmeshed in corruption and making a mockery of the constitution of the nation? This, no doubt, affects its

credibility in dispensation of justice and protection of the rights of the citizenry. Any instance as above will, no

doubt, impact the sanity of a nation and influence learned behaviors.

1.5 THE PRISONS

  Prisons are  places where those who  have violated the laws  of the state are  legally held or confined

while awaiting trial or serving punishment after being adjudged guilty.Prisons are meant to serve rehabilitation

and reformatory purposes  where convicted  individuals can  be made  to realize  their erroneous  ways and  the

gravity of the acts that led to their conviction, have a change of heart, and, perhaps, acquire certain skills that

will enable  their re-absorption  into the society on  completion of their  jail sentence  (Ndukwe&Nwuzo, 2014;

Nigeria Prisons, n.d; Omagbemi&Odunewu, 2008). This, at least, was the functions of prison at its inception.

However, this is not the case in Nigeria prisons; which are ripe cites for all manners of atrocities. The media is

trite with negative reports of what ensues in Nigeria prisons. Prison officials are said to engage in all manners of

illegal activities ranging from extortion from inmates and their families, renting of VIP cells, hoarding of gift weather elements, rape, extrajudicial killings, mismanagement of funds, and illegal release of prisoners (Adams,

2015; Hembe,  2016; Onyegbula, 2016).  In addition, some  states of  the federation have been indicted to  also

operate non-official prisons and detention centers in which extrajudicial killings and inhumane treatments take

place (Hembe, 2016). In terms of physical structure, the inmates live under sub-human conditions that are life-

threatening. These include dilapidated structures, poor sanitation and lack of medical facilities. The government

has also failed to take any significant step towards reforming the laws that regulate Nigeria prisons which was

established in 1947 (Adams, 2015). Furthermore, the Nigeria prisons are congested. It houses 56,785 inmates

when it only has a capacity for 49,505 and only 32% of this population have been tried and convicted according

to  the  Nigeria  Prison  Services  website  (Adams,  2015).  Also,  there  is  absence  of  avenue  for  training  and

reorientation of the criminal minds of incarcerated individuals for re-absorption into the society on completion

of their jail terms, thereby making them unfit to cope with life after prison (Okoroafor, 2015).

With all these existing conditions in Nigeria prisons, it becomes difficult for it to serve the purpose for which it

was  put in  place; that  is, to  reform  prisoners and  as a  vehicle for  the  dispensation of  justice.  Perhaps,  the

appalling  state  of  Nigeria  prisons  instigated  the  statement  made  by  Professor  Ben  Angwe,  the  Executive

Secretary of the National Human Rights Commission [NHRC] who said “the state of the Nigeria prisons today

is a reflection of the state of criminal justice administration in the country” (Okoroafor, 2015).

There are  also newspaper  accounts of  the illegality  and aberration to justice that pervades  the Nigeria prison system.