Browsing by Author "Imuekemhe, Emike Jessica"

Now showing 1 - 1 of 1
  • Thumbnail Image
    ItemOpen Access
    AN EXAMINATION OF THE CONCEPT OF RESTORATIVE JUSTICE AND ITS ROLE IN REFORMING CRIMINAL JUSTICE ADMINISTRATION IN NIGERIA
    (Department of Public and International Law, Nasarawa State University, Keffi, 2021-02-13) Imuekemhe, Emike Jessica
    It is well established that an effective criminal justice system (CJS) in any nation is a catalyst for economic growth, social balance, territorial security and political stability. Achieving this criminal justice ideal in Nigeria however, has proved problematic. Indeed a lot of criticisms have been levied against the traditional post-colonial retributive approach that firmly underlines criminal justice administration in Nigeria. Many of these criticisms are based on the problems that have arisen in the past decades within our CJS, some of which include prison congestion, high volume of persons awaiting trials, victim disenfranchisement and dissatisfaction, delay in trial, high recidivism rates and more. In recent times, criminal justice reformers have begun to advocate for alternative measures that can effectively address the above-mentioned issues. The concept and practice of Restorative Justice (RJ) has been advocated as such an alternative response. It is believed that having this justice model, as a focal part of Nigeria’s criminal justice administration will make room for improvements and the creation of a more appropriate system for dealing with offenders. However, despite the concepts inclusion in the Administration of Criminal Justice Act 2015 and the Nigerian Correctional Service Act 2019, most of the discussion about RJ in Nigeria has proved to be rhetorical with little or no framework to outline its feasibility and applicability. Consequently, this study aimed to properly examine the concept of RJ and situate it within the various stages of the criminal justice process, thereby providing a practical framework for its application. A doctrinal research methodology, which involved a review of case law, statutes and other secondary sources of law, was employed. Findings from the research showed that RJ could suitably be employed within the pre- charge, post-charge, pre-sentence, and post-sentence stage of the criminal justice process in Nigeria with potentially advantageous results attained at each stage. The work also found out that some of the potential benefits of the inclusion of RJ into Nigeria’s traditional criminal justice process include greater victim participation and satisfaction through reparation and the practice of restorative plea bargaining, the adoption of non-custodial sentencing practices and diversion strategies that can bring about prison de congestion and effective case management, which in turn will result in efficient delivery of justice. Some of the issues identified include potential for abuse of this justice model and its tendency towards soft justice. This study proposes that the RJ model augment Nigeria’s conventional CJS and not replace it. Research findings revealed that this justice model could operate alongside the existing criminal justice responses to crime in order to create a holistic justice approach to criminal justice administration. This study concluded by recommending the practical application of RJ in Nigeria’s CJS in line with the proposed framework outlined in this research. Indeed efforts must be made by the government through its three major criminal justice structures to implement the various legislation that legitimize the inclusion of RJ into Nigeria’s CJS. This will move the narrative about its potential to achieve criminal justice reform from mere conjecture to measurable deliverables.