0000005889 00000 n The Penal Code was also modeled after the Indian Penal Code of 1860. The committee proposed either the whole acceptance of English Criminal Law, the whole acceptance of Islamic Law or a Hybrid between both of them. One of the major areas of contention was the fact that Islamic law allowed the infliction of punishment unrecognized by the Criminal Code. She said, “The criminal justice system in Nigeria do have some challenges but we have noticed certain attempt to address those issues. The smooth running of the criminal justice system is very essential in the socio-economic development of every nation. Consequently, in the year 1863, the British introduced the criminal justice system which … In the year 1861, King Dosunmu of Lagos ceded Lagos to British control and Lagos became a crown colony. The Nigerian Prison Service was headquartered in Lagos and headed by a director responsible for administering nearly 400 facilities. %%EOF In the protectorates, the indigenous laws were still applicable. Across the Criminal Justice System, agencies such as the police, the Crown Prosecution Service, the courts, prisons and prohibition work together to deliver criminal justice. The criminal legislation of Russia has its deepest roots in the first known act, Russkaya pravda, issued in llth century. On appeal, the West African Court of Appeal quashed the decision of the lower court. The amendment removed the phrase “other than a native tribunal” from S.4 of the Criminal Code. <<2A32BA32088632429D52A71CD52A2DC2>]>> 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. This caused a lot of conflict especially between the Criminal Code and the Islamic Law. Therefore, the basis of the Nigerian criminal law is the English law. endstream endobj 340 0 obj <> endobj 341 0 obj <> endobj 342 0 obj <>/Font<>/ProcSet 353 0 R>>/Type/Page>> endobj 343 0 obj <>stream A: Management & BusinessManagement, Innovation and Technology Management, International Business, Business Management; B: AdministrationAdministration, Corporate Governance, Management Information Systems, Data Sciences, Operations and Decision Sciences; C: Marketing Marketing, Marketing Management and Marketing Research Methodology; D: Finance & BankingFinance, … Nigeria has its own constitution which was established on 29 May 1999. endstream endobj 344 0 obj <>stream After heated debates and extensive consultation, it was decided that a hybrid was the best choice. This was applied by the courts in cases like Kano Native Authority vs Fagoji (1957) NRNLR and Tsamiya vs Bauchi Native Authority (1957) NRNLR. The Supreme Court is presided over by the chief justice and has up to 15 justices. Before the revolution the Ulozhenie o nakazaniyah ugolovnich i ispravitelnich was effective. To understand the criminal justice system in Nigeria, one needs an illustration of how it works. (adsbygoogle = window.adsbygoogle || []).push({}); “Withholding information is the essence of tyranny. x�b``�b``6g`a`h�f�g@ ~&�(������� e7�V&��r�Zn��X��a�ͫg�rN��_�o����a��3U�,Rk^gf��/6��!RC9gB�ə3't ��c``�`�O2x���F��LnL�Lj���8�3�1 38���s)`��9b �� observes that the Nigerian criminal justice system has completely missed the road in the handling of juveniles. Restorative justice is not a new idea. history, most of the prisons structures in Nige- ... aimed at reforming the criminal justice system. compensation as a criminal sanction in addition to, or in substitution for other forms of sanctions. 0000002533 00000 n The Nigeria Criminal Justice System And Its Effectiveness In Criminal Behaviour Control: A Social-Psychological Analysis February 2017 IOSR Journal of Humanities and Social Science 22(02):33-48 The Juvenile/Child Justice System has a chequered history. H��U]o�0��?�^|�M��T�� WU��+�*�\���g—)�VU�E�����f�0nx� �o>� ɏ �QH `G�{�῍�\H0`{�#Kػ�������`ww ~ �ǰ ���b�}� �J�6�5[����՛�x]���i������o�w 3���2��p�B��,�>�̻k���0���3ÃHin��x;9�) !]�&8Q5�3>JgR�X_���ӌ�QƳ�>l2�Ɠ�����qڸ�#. In the year 1861, King Dosunmu of Lagos ceded Lagos to British control and Lagos became a crown colony. 0000001049 00000 n Nigeria and the system of government practiced was monarchical in nature regarded as centralized administration ruled by king with the assistance of other chiefs. 0000004221 00000 n Irvin Kinnes – PhD student at the Centre of Criminology at the University of Cape Town, South Africa. criminal justice system: a casestudy of the nigerian police force in combating crime ₦ 5,000 ₦ 2,500 Categories: Criminology and Security studies final year complete project topics and materials , Law project topics and materials for undergraduates , The Criminal Justice System covers England and Wales and is one of the major public services in this country. Control of the flow of information is the tool of the dictatorship.”, “Men more frequently require to be reminded than informed.”, History Of Nigeria Criminal Justice System. 0000000886 00000 n 354 0 obj <>stream Judicial System of Nigeria. It continues through the end of trial, and continues, in case of conviction, through sentencing, imprisonment and release upon the completion of sentence. Actual legal practice unfolds the complicity of the Police and the Judiciary in inhibiting the efficacy of criminal justice administration in Nigeria. These agencies process suspects, defendants, and convicted offenders and are interdependent insofar as the decisions of one agency affect other agencies. All of these … 339 0 obj <> endobj Criminal justice systems of Africa ... Emily I Alemika – Faculty Of Law, University of Jos, Jos, Nigeria. Your email address will not be published. 0 This was thought in many quarters to remove the powers of the native courts . Nigeria had a dual prison system for more than a half century until the consolidation of the federal and local prisons in 1968. This resulted in a situation in which three Criminal justice systems were in operation throughout the country: the English criminal law in Lagos, the Criminal Code in the North and the indigenous criminal law customs in the south. 0000000016 00000 n In this case, the court held that: Though a Native Court has power to try a case under Native law and custom, it cannot impose a higher sentence than the accused would have gotten had his case been tried under the Criminal Code. In most parts of the North, the criminal justice system was regulated by the operation of Islamic law. 0000000616 00000 n Whereas in England, a lot of changes have taken place with regards to the juvenile system, in Nigeria, the juvenile/child justice system is in the last decade undergoing reforms. However, it’s quite different from the punitive system most of us are familiar with. 2.2 Timing and Relevance Utilizing timing and relevance as another index of measurement reveals that the system’s critical components are out of sync and underperforming. The history of the Criminal justice system in Nigeria dates back to the colonization of the country in the late 1800's by Europeans, who introduced imprisonment based on their own correctional system. Ministry: Justice. ;�v�g�TN;u��Ht��BfHisŋ��Vp���.�5m;�Y�KVN�9\��8傟�Eҹ�����V��5�E����X�Dӕ��1�ϳPZz�=E�^�ǂ�6l:���G����0��*�ļ��d:�E˚g�,�^�/�{*E��_���R�Dz����)Ny��#V�tã\tg�5�` x��) Part of which is the passage of the Criminal Justice … However, the appellant had a defense of provocation but it was not considered by the Alkali’s court because provocation wasn’t recognized under Islamic law. The case that further clarified all ambiguity on the issue was that of Gubba vs Gwandu Native Authority (1947) WACA vol 12. The criminal justice system in Nigeria with particular reference to Abia State is made up of three distinctive inter-dependent components viz. In fact, it has been a common form of justice around the world for centuries. In 1904, after consolidating their hold over the North, the British introduced the Criminal Code. The Structure of Criminal Justice. xref The Penal Code contained some elements of Islamic law through the criminalisation of certain acts like Adultery; SS.387 and 388, Drinking of Alcohol; s.403, insulting the modesty of Muslim Women; s.400. To resolve this, a committee was set up in 1958 to address the issue. In what follows, we have applied autopoietic theory as strictly as it was useful, and possible, to do so. In Nigeria, a lot of reliance is on the received English law as a result of colonization. This was considered because it was already been applied successfully in a Muslim community (Sudan). The committee proposed that a Customary Court trying a criminal case had the right to try and and sentence the case under the customary law without paying regard to the provisions of the Criminal Code. Thus, for example, we refer to the criminal justice process rather than the more conventional criminal justice system. ‘CHANGE’ did not come to the Nigerian criminal justice system in 2016. 0000003119 00000 n Before the advent of the British to the area now known as Nigeria, there were different systems for the administration of criminal law. The section initially read thus: “No person shall be liable to be tried or punished in any court in Nigeria, other than a native tribunal, for any offence except under the express provision of the code or some other ordinance or some law or some order-in-council made by his majesty for Nigeria.”. The study examines the practical operation of different aspects of the juvenile justice system in Nigeria from pre-trial proceedings to committal. This is evident in the large population of children detained in adult prisons and the decrepit state of juvenile facilities across the country. This was brought into effect through the introduction of the Penal Code. If the Alkali’s court had applied the Criminal Code, the death sentence would have been mitigated to the sentence for manslaughter. History of Criminal Justice System. If the cases are covered by the criminal code, customary law could not be applied. This further caused more conflict in the Northern region. The judicial system in Nigeria is beset with several deficiencies in its procedural set up that make it very difficult to obtain justice and quick resolution of disputes in courts. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. 339 16 startxref H��UOo�0�|Wi�l�m�V�a�-�֣CI�6ؕ1����&~���C�z?��~�$�f%Y� #�}�廥䂬���J���[�l�)��b������cL�H%Bb��i�l;P�b�-������\��Q� ���,h��. About the authors. https://infoguidenigeria.com/criminal-justice-system-nigeria Access to justice either “mean the righ 0000045449 00000 n While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical… In the year 1914, the Northern and Southern protectorates were merged. Notify me of follow-up comments by email. In the administration of criminal justice in the country, the police are the very first institution that a criminal suspect comes in contact with and Whether or not the suspect will obtain justice depends on how the police go about its business. By Media Nigeria on April 26, 20182 Comments. 0000001958 00000 n 0000001340 00000 n Brief History of the Nigerian Police Force The amalgamation of Northern and Southern Nigeria in 1914 was a precursor to the formation of the present Nigeria Police … Instead of locking criminals up, a restorative justice