UNIT 9

ADMINISTRATION OF CRIMINAL JUSTICE OVERVIEW

The administration of criminal justice in Nigeria involves a set of processes and institutions established to enforce criminal law and ensure justice for offenders and victims. The key elements include investigation, prosecution, adjudication, and correctional services.

1. Investigation: Investigation is the initial step in the criminal justice process, involving the collection of evidence to determine whether a crime has been committed and identifying the perpetrator. The Nigerian Police Force is primarily responsible for this function under the Police Act 2020. See the case of Mohammed v. State (2018) LPELR-43906(CA) which highlighted the importance of proper investigation procedures and the need for evidence to be collected lawfully.
2. Prosecution: The prosecution involves presenting evidence in court to prove the guilt of the accused. In Nigeria, the Director of Public Prosecutions (DPP) at both federal and state levels, as well as other authorized prosecutors, handle this task. See section 174 of the Administration of Criminal Justice Act (ACJA) 2015 and the case of State v. Azeez (2008) 14 NWLR (Pt. 1108) 439 which underscores the prosecutorial discretion and the criteria for instituting criminal proceedings.
3. Adjudication: Adjudication is the process by which a judge or a panel of judges determines the guilt or innocence of the accused based on the evidence presented. The judiciary, comprising various courts, is responsible for this function. See section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the case of Olisa v. State (2012) LPELR-7830(CA) which illustrates the principles of fair hearing and due process during adjudication.
4. Correctional services: Correctional services involve the implementation of court sentences, including imprisonment, probation, and rehabilitation programs. The Nigerian Correctional Service manages this aspect. See sections 1 and 2 of the Nigerian Correctional Service Act 2019 and the case of Obeka v. State (2014) 13 NWLR (Pt. 1425) 377 which discusses the conditions and rights of prisoners in the correctional facilities.

JUVENILE JUSTICE ADMINISTRATION

Juvenile justice administration focuses on handling offenders who are minors (usually under 18 years old). The system aims to rehabilitate rather than punish, recognizing the developmental differences between juveniles and adults. See section 204 of the Child Rights Act 2003 and the Children and Young Persons Act (CYPA) which are the primary legislations guiding juvenile justice in Nigeria. See also the case of Akinyemi v. State (1999) 6 NWLR (Pt. 607) 449 which highlights the application of juvenile justice principles in court proceedings.

JUVENILE COURTS

Juvenile courts are specialized courts dealing with cases involving minors. These courts ensure that proceedings are conducted in a manner appropriate for young offenders. See section 6 of the Children and Young Persons Act (CYPA) and the case of R v. Collins (1995) 2 NWLR (Pt. 376) 58 which demonstrates the procedural differences in handling juvenile cases.

ADMINISTRATION OF JUVENILE JUSTICE AND STANDARDS

The administration of juvenile justice must adhere to international standards, such as the United Nations Convention on the Rights of the Child (CRC), to which Nigeria is a signatory. The key principles include the following;

1. Best interests of the child: this is where all decisions must prioritize the child's best interests. See section 1 of the Child Rights Act 2003.
2. Rehabilitation and reintegration: this is where the focus should be on rehabilitating and reintegrating juveniles into society. See the case of Nwancho v. State (2012) LPELR-19783(CA).
3. Diversion: Encouraging alternatives to formal judicial proceedings, such as counseling and community service. See section 10 of the CYPA.

PENAL THEORIES

Penal theories provide the foundation for understanding the purpose of punishment in criminal justice. They include the following;

1. Retribution: this is done by using punishment as a form of societal vengeance for the crime committed. See the case of Adeyemi v. State (1991) 1 NWLR (Pt. 170) 679.
2. Deterrence: these are punishments aimed at deterring the offender and others from committing crimes. See the case of Musa v. State (2017) LPELR-43448(CA).
3. Rehabilitation: these focuses on reforming the offender so they can return to society as a law-abiding citizen. See the case of Karimu v. State (2016) LPELR-40438(CA).
4. Incapacitation: this is done by removing dangerous individuals from society to prevent further harm. See the case of Ajiboye v. State (2018) LPELR-44120(CA).
5. Restitution this is done by compelling the offender to compensate the victim for the harm caused. See the case of Agbai v. State (2013) LPELR-20654(CA).

DISPOSITIONAL METHODS

Dispositional methods refer to the various sentencing options available to the court. They include the following;

1. Imprisonment: this is done by depriving the offender of liberty as a form of punishment. See section 2 of the Nigerian Correctional Service Act 2019.
2. Fines: these are monetary penalties imposed on the offender. See the case of Okoro v. State (2012) LPELR-7918(CA).
3. Probation: this is done by allowing the offender to remain in the community under supervision instead of serving a prison term. See the case of R v. Emiola (1996) 2 NWLR (Pt. 429) 237.
4. Community service: this is done by requiring the offender to perform a certain amount of unpaid work for the community. See section 204 of the Child Rights Act 2003.
5. Restitution and compensation: these are orders for the offender to make financial amends to the victim. See the case of Adeyemi v. State (1991) 1 NWLR (Pt. 170) 679.

CONCLUSION

By following these principles and methods, the Nigerian criminal justice system aims to balance the goals of punishment, deterrence, rehabilitation, and restitution to ensure justice and societal protection.