Abstract:
Criminal and Procedure laws in Nigeria have not accorded much recognition to the victims of crime as they have focused more on crime and offenders.Consequently, the criminal justice system places greater emphasis on the wrong that has been committed rather than ameliorating the physical, mental and financial injury to the victim. Previous studies have focused largely on the punitive aspect of the criminal justice at the expense of restorative justice that allows for the active participation of the victim in the criminal process. This study, therefore, was carried out to make a case for the active involvement of victims of crime in the Nigerian criminal justice process.
Restorative and Procedural Justice theories were adopted along with theInternational Criminal Court (ICC) Victims Participation model design. Primary sources of law included the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Criminal Procedure Code, the Criminal Procedure Law, the Administration of Criminal Justice Act 2015, the Rome Statute and Rules of Procedure and Evidence of the ICC. Secondary sources included books, journal articles and internet materials. Data were subjected to analytical discussion and comparative discourse.
Victim participation in the criminal justice system in Nigeria is not consistent with international best practices, provided under the Rome Statute and Rules of Procedure and Evidence of the ICC. The Nigerian Constitution did not provide for the active participation of victims in criminal trial, but merely stipulate that the court should adhere to fair hearing and principles of natural justice. The extant criminal and procedure laws ignore any special role for the victims except treated as competent and compellable witnesses at the trial. The Administration of Criminal Justice Act, 2015, albeit mentioned victims participation but did not specify the nature, scope and extent of such participation. The rule and practice whereby the victim of crime is at liberty to institute civil action independently of the criminal process was found to be duplicity of efforts, cost and time. The reliefs being sought through the civil action could also be achieved in a criminal trial. The restorative justice met the compensatory aspirations of victim as regard putting him back to his position before the crime. In the same vein, the procedural theory satisfied the active involvement of the victim from the investigation, prosecution and trial stage in a mandatory manner as provided for at the ICC.
Though, the Nigerian criminal justice system allows for restricted victims, participation as witnesses, however, this could be harmonised to allow for full participation of victims in the criminal process. Therefore, there is the need for a holistic review of the Nigerian criminal and procedure laws. This will ensure that perpetrators of crime are duly and appropriately punished such that the system delivers justice to the victim of crime in compliance with the tripartite notion of justice to the accused, to the society and to the victim.
