THE EFFECT OF ACTIONS OF CRIMINAL JUSTICE AGENTS ON ACCESS TO JUSTICE AND PERSONS AWAITING TRIAL

Abstract

The actions of criminal justice agents play a crucial role within the Criminal Justice System (CJS) and in Ensuring Access to Justice (A2J) for Persons Awaiting Trial (PAT). These actions are often influenced by Criminal Justice Approaches (CJA) which should reflect in policy and practice. Previous studies on CJAs‘ influence on actions of persons driving the agencies have been more from the Western context than on how they operate in Nigeria. This study was, therefore, designed to examine the effects of CJAs such as crime control, due process, rehabilitation, just deserts and power approach on legislation, principles and practice on the actions and inactions of agents within Nigeria‘s CJS. The study was premised on Sociological Jurisprudence and adopted a system-wide approach to qualitative methodology. Primary data included the Nigerian Constitution 1999 (as amended), Criminal Code, Penal Code, Administration of Criminal Justice Act (ACJA 2015), Child Rights Act, International Bill of Human Rights, International Basic Principles and legislation from the United Kingdom and United States of America. Secondary data included books, journal articles, and international reports. Insights from secondary data were relevant and helped answer research questions particularly in the context of the comparative analysis. Criminal justice perspectives are reflected in legislation such as the ACJA 2015 which recommends a restorative approach to criminal justice. The Child Rights Act recommends a rehabilitative approach to juvenile justice, which should ideally affect the practice of agents of the system. In contrast to the United Kingdom and United States of America, the actions and inactions of agents of the system, particularly law enforcement in Nigeria appear random and do not conform to criminal justice approaches reflected in policy and procedure. The actions of agents of the criminal justice system play a crucial role in ensuring A2J particularly for PAT who represent over 70% of the Nigerian prison population. The due process, non-intervention, rehabilitation, bureaucratic, managing offender and restorative approaches work best to ensure A2J for PAT. The actions of some agents of the CJS such as arbitrary arrest and detention, and other acts of impunity do not conform to the recommended CJAs and deny A2J. The situation in Nigeria is further compounded by weak policies, which do not provide a proper institutional framework. In addition, the international framework on A2J is merely prescriptive and difficult to enforce on state signatories. These factors, amongst others, have resulted in loss of confidence in the system. iii An integrated approach to criminal justice which incorporates the crime control, due process, non-intervention, rehabilitation, bureaucratic, managing offender and restorative approaches to criminal justice is required for processing persons awaiting trial in Nigeria. The Nigerian government needs to ensure constant assessment and reassessment of the criminal justice system in the context of recognised criminal justice approaches and ensure that the actions of criminal justice agents, normative and institutional frame work are harmonised to conform with international provisions on access to justice for persons awaiting trial