Protection And Redress For Victims Of Crime

The decline in protection and redress for victims of crime in Africa, and Nigeria in particular, began at the inception of colonialism and imposition of alien court and legal systems on the territories. Until then, the primary purpose of the customary legal processes, was the, “compensation of the victim, rehabilitation of the offender where relevant, and restoration of tranquility to the disturbed community”. The offender, irrespective of status or standing in the society, was always promptly, publicly and appropriately sanctioned. This research primarily interrogates the roles of the court and the police in protecting and redressing victims of crime in Nigeria. It examines the rights of adult and child victims of crime guaranteed by the United Nations. Consequently, United Nations’ and European Union’s resolutions and declarations about victims of crime, presently enforced in Europe and the United States of America, are extensively interrogated. Also interrogated are the unconditional release on bail of detained suspected persons, the adverse consequences of grant of prohibitive court orders against criminal investigations, the likelihood of abuse and misuse of ex parte injuctive process, the dilemma of obeying such orders by law enforcement officers, and the implications on the principle of fair hearing. The Court of Appeal’s perception of the indiscriminate use of the process against public functionaries also comes into focus. Legal textbooks, seminar papers, journal articles, internet resources, national constitutions, human rights instruments, United Nations’ resolutions, declarations and recommendations on the issue, and other related statutes are examined. The study advocates promulgation of victims-friendly legislation and the establishment of Victims’ Compensation Commissions or Boards by African countries, like their counterparts in Europe and America. It finally proposes that when such Boards or Commissions are established, they should be manned by credible and eminent persons in law and cognate areas; with the sole responsibility of identifying and compensating genuine victims of crime accordingly.