Nigeria

Nigerian lawyers insist on criminal justice reforms

from the article by John Chuks Azu on allAfrica.com: Professor Kelvin Nwosu a former Director Academics of the Nigerian Law School had argued that the country's legal system which places much emphasis on retributive rather than restorative justice "has given rise to lack of remorse on the part of offenders who now demand proof of their culpability during trial rather than show remorse." Nwosu, who was speaking in Abuja during the launch of the book: "Current Issues on Sentencing, Custodial Reforms and The Criminal Administration in Nigeria", written in honour of Justice Lawal Hassan Gummi, the Chief Judge of the Federal Capital Territory High Court, wondered why the sentencing and custodial option should be adopted and thereafter public funds are spent again to decongest the prisons.

Omale, Don John. 2009. Challenging Crime and Criminal Justice Systems in Africa: Towards Restoration of Afrocentric Justice.

On the 8th of October 2009, I was privileged to be invited to a ‘think tank’ international seminar held in Abuja-Nigeria on ‘Crime and Criminal Justice Systems in Africa-Enhancing Human Security’ organised by the African Human Security Initiative Secretariat, the Institute for Security Studies and the West Africa Network for Peace building (WANEP)-Nigeria. The seminar organised by a network of African organisations working on peace, security and conflict created an opportunity aimed at influencing reforms in the criminal justice systems in Africa. It also serves as a dialogue forum for drawing attention to the effects of crime and defective criminal justice systems on the sustainability of the democratic and developmental process of Africa. Recommendations from the seminar also aim to complement the formal National Economic Partnership for African Development (NEPAD)-Africa Peer Review Mechanism (APRM) process. (excerpt)

Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) - Nigeria Model

The Afikpo community conflict resolution model is examined as an alternative system of justice in South-East Nigeriaxe2x80xa6. A major finding of this study is that the Afikpo model is victim-centeredxe2x80xa6 Further, the Afikpo community conflict resolution model is inclusive and seeks to address the interests of all parties to the conflict. The social solidarity and humane emphasis of the system is reflected in the treatment of offenders. The institutions of social control are formal agents of resocialization, hence providing offenders support through teaching and healing. The offender must first acknowledge the wrong, then, show remorse, shame, and accountability through reparation and expiation. This study is grounded in theories of restorative justice and other concepts of African justice. Inquiries into state, state/society and postcolonial state theories are undertaken to further illuminate this phenomenon of an alternative conflict resolution model. Being an exploratory study, several qualitative research methods were utilized. They include participant observation, oral history, in-person and focus group interviews of 40 men and 15 women. Authorxe2x80x99s abstract.

Udenta, Udenta. Emerging Trends in the Application of Restorative Justice Principles in Nigeria: Key Legislations and Advocacy Work

Nigeria emerged out of 15 unbroken years of military dictatorship in 1999, and has since been grappling with critical issues of constitutional governance, rule of law, amelioration of deep-seated abuse of fundamental human and peoplexe2x80x99s rights and the challenges posed by policy thrusts that make ethno-religious and resource conflict a fact of daily life. Restorative Justice principles and practices are still fledging in Nigeria through movement is noted in the area of Legislation and advocacy work. My discussion will thus examine this new phenomenon, and how the nation can attain social stability, national security, peaceful coexistence and the respect of the value of equity, fairness and justice by deploying the best practices of restorative Justice. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.

Okafo, Nonso. Relevance of African Traditional Jurisprudence on Control, Justice, and Law: A Critique of the Igbo Experience.

Native African ideas and models of law and justice are best suited for social control in African societies. Africans should therefore prefer the ideas and models for many reasons, including the fact that Native African systems of law and justice derive fundamentally from African societies, rather than foreign cultures. This paper uses the Igbo (Nigeria) experience to illustrate the need for African societies to advocate, promote, and expand the uses of their indigenous justice and social control philosophies and systems despite their respective colonial experiences. The governments of modern African States, as well as private individuals and groups, have important contributions to make toward these objectives. Based on this author’s years of studying the Igbo systems of justice, social control, and law, this paper presents illustrative scientific evidence to demonstrate that the indigenous Igbo justice system, like many other Native African justice systems, remains potent for social control in Africa. Despite the potentials that the indigenous Igbo justice system presents, the lack of official government support for the system remains the greatest challenge facing the indigenous system. Postcolonial Nigeria’s continued descent to a condition of anomie exemplifiesthe heightened need for Nigerians, indeed Africans, and their leaders to recognize their indigenous social control systems as superior and preferable to foreign system. (Author's abstract)

Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) Nigeria Model.

The Afikpo indigenous justice system is examined as an alternative system of justice in South-East Nigeria from restorative, transformative, and communitarian principles. Despite the dominance of the Nigerian state criminal justice system in social control, the Afikpo indigenous justice system still holds sway, and is perceived to be more effective and legitimate. The Afikpo model is rooted in the traditions, cultures and customs of the people. Indigenous social and political institutions function as channels for conflict resolution and justice. The processes and principles of conflict resolution are emphasized. The model's continued perceived popularity and legitimacy are discussed, as is the basis for the system's co-existence with the Nigerian State agencies of social control. (excerpt)

Omale, Don John. Towards Implementing RJ in Nigeria: The Nigerian Criminal Justice Reform Bill (2005).

In the Nigerian criminal justice sector, the author would argue that the confidence of the Nigerian public in the criminal justice system is too low (just like it was argued in relation to England and Wales in the Halliday Review, 2001). There is a feeling that the sentencing framework does not work as well as it should and that it pays insufficient weight to the needs of victims. Too many offenders are returning to court on too regular a basis, and too many Awaiting Trial Persons (ATPs) are being detained in the prison. There is insufficient consistency or progression in sentencing practice and sentencers receive insufficient information about whether their sentencing decisions have worked. The sentencing decision itself focuses too much on the offence and not sufficiently on offenders and their future behaviour, social harmony, healing of wounds caused by crime, and the needs of victims of crime. (excerpt)

Elechi, Ogbonnaya O. Victims Under Restorative Justice Systems: The Afikpo (EHUGBO) Nigeria Model.

Unlike victims in the modern Nigerian criminal justice system, victims of crime under the Afikpo indigenous systems of conflict resolution are the focus of justice processes. Victims, offenders, and their families, as well as the general community, are involved in defining harm and repair. All parties acknowledge the emotional and material loss of the victim. Offenders and their families are held responsible for the victim's injury. Offenders are persuaded to pay restitution to victims. They also apologize to the victim, his or her family and the community. In sum, the goal of justice is the reparation of harm done to victims and communities by offenders. The community provides appropriate support to victims and their families. Victims of crime in Nigeria lack confidence in the Nigerian criminal justice system. Victims' rights are routinely violated, victims are regularly harassed, hounded and made to pay a ransom before their cases receive formal attention by agents of the criminal justice system. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Editor. A Report of Three Conferences on Juvenile Justice in Nigeria

This report summarises three conferences held in Nigeria during 2002: National Conference on Juvenile Justice Administration in Nigeria, Abuja, 2-3 July; the Northern Zonal Consultative Conference on Juvenile Justice Administration in Nigeria, Kano, 16-17 September; and the Southern Zonal Consultative Conference on Juvenile Justice Administration in Nigeria, Ibadan, 16-17 October. (publisher's abstract)

Akakwam, Philip Anaekperechi. "The Relevance of Customary Criminal Justice System in the Criminal Justice Administration of Nigeria."

This thesis discusses the relevance of some of the ideals of customary criminal law in the criminal justice administration of Nigeria. It highlights the shortcomings of the inherited criminal justice system and argues for search of solutions in customary law. The complex procedure and alien standards of the inherited system alienate the population and undermine their confidence in the system and its institutions. The inherited system ignores the continuity of the restorative and reparative sentiments in the people's expectation from the legal system. The thesis argues for the incorporation of some of the substantive and procedural ideals of customary criminal law into the general framework of the criminal justice system and for community participation through community court, community policing and community correctional programmes.

Eggleston, Carolyn. "Humanizing the Nigerian Prison Through Literacy Education: Echoes From Afar"

Since the inception of the prison service in Nigeria, there have been little systematic educational provisions for prison inmates due to limited resource allocation. Early colonial studies have emphasized the custodial functions of the prison while silent on correctional functions of the modern prison. In view of the increasing emphasis on correctional education in most European countries and North America, this paper focused on the need to humanize the Nigerian prison system through educational provisions. Literacy education is viewed as helping ex-offenders develop positive social skills. In order to humanize the Nigerian prison environment there is an urgent need to adopt recent UN Minimum Standard for the Treatment of Offenders approved in 1990. The humanizing approach to penal administration through education and other socio-cultural activities is strongly encouraged by both Europe and North America.

Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) Nigeria Model of Conflict Resolution

Prior to colonialism, Afikpo, like most societies in Africa, had a well-defined system of political and social control. At least in part because of Afikpo peoples’ disapproval of colonial rule and emergent colonial political and judicial institutions, the traditional conflict resolution system has survived and is increasingly popular. This article focuses on the political and social institutions involved in that system and how they have been applied in recent years. The institutions include: village structure; family forums; patrilineal and matrilineal forums; and the age grade forum. These institutions function as channels for conflict resolution and deviant controls, command nearly total acceptance and participation, and are viewed as legitimate by the community. The article attempts to explain how and why these institutions continue to coexist with non-traditional institutions of conflict resolution.

Bugu, Patrick K. "Reconciliation or pacifism? The Church of the Brethren in Nigeria."

Citing the example of Jesus and the teachings of the Old and New Testaments, Bugu contends for the indispensability of peace in human life. He also distinguishes between general peace and the special peace revealed in Jesus. His discussion includes comments on defining peace, the history of the Church of the Brethren in Nigeria, and the question of pacifism or reconciliation in the Nigerian context.

Holland, Scott. The gospel of peace and the violence of God

With conflict between Christians and Muslims in Nigeria as background, Holland reflects on religion, peace, and violence. The large question he deals with is how to reconcile the gospel of peace with the violence of the world, and in particular with the violence of God (a hiddenness and holiness of God which goes beyond tendencies to domesticate God into merely human conceptions of pacifism – in this sense the God beyond our domestications is both revealed and hidden, both loving and terrifying). Three ancillary issues considered are the importance of strangers in Judaism and Christianity, the problem of movements seeking some kind of “cleansing" or “purity" (ethnic, theological, or ideological), and the problem of totalitarianism.

Bisong, Kekong. Restorative justice for Niger Delta.

This book seeks to complement the available conflict resolution mechanisms for a stable Niger Delta region. It examines restorative justice as an emerging conflict prevention, management and resolution mechanism that could be of benefit to the Niger Delta region of Nigeria. In recent times restorative justice has been implemented in approximately two dozen countries around the world. Most prominent among these in Africa has been South Africa's Truth and Reconciliation Commission, Rwanda, Sierra Leone, the Central African Republic, Ghana, Morocco and Kenya. Most approaches of restorative justice in Africa focus on pardon rather than punishment. These developments suggest that the idea of restorative justice is not just a fashion but represent an innovative approach for citizens of many countries wrestling with the question of how to live with post-conflict situations. More important insight can be found in the transcripts of the South African Truth and Reconciliation Commission. In that Commission ordinary people had the chance to tell their story. It was open, public process that relied strongly on a widespread desire to heal wounds, not exact retribution. (excerpt)

African NGO Works for Transformation in the Justice System

The Prisoners Rehabilitation and Welfare Action (PRAWA), founded in 1994, works toward creating a more humane environment in prisons and alternatives to imprisonment. In the area of justice reform, PRAWA’s Community Justice Programme (COJUP) focuses on the implementation of restorative practices in ways that are sensitive to African cultural traditions. The African Transformative Justice Project is one of the programmes designed to introduce alternative practices into the Justice System.