Protection And Redress For Victims Of Crime In Nigeria
Abstract
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.
Aims and Objectives
The main aim of this study is to appraise the roles of the police and court in the protection and redress for victims of crime in Nigeria. While its objectives are:
- To ascertain the legality and constitutionality, or otherwise, of injunctive orders against police investigative processes.
- To examine the adverse impacts of premature release on bail of suspects on the victims of crime, the criminal justice system and the society at large.
- To examine the rights of victims of crime.
- To examine comparatively the use of police powers of arrest and detention and the treatment and handling of arrested persons in United Kingdom, the United States, India and Nigeria
- To examine international, regional and national legislation on protection and redress for adults and children victims of crime and
- To make appropriate recommendations.
Research Questions
- What impact would judicial interference in criminal investigatory processes have on the victim, criminal justice system and the society as a whole?
- When criminal investigative processes are aborted through judicial fiat, is all the parties afforded justice?
- When costs are awarded against victims for allegedly breaching the rights of suspects, what message/messages do courts send to the society?
- Is there any Special Law for the protection of victims of crime in Nigeria?
- What unique rights do victims of crime possess that require protection?
Chapter One
1.0 INTRODUCTION:
This chapter introduces the Protection And Redress For Victims Of Crime In Nigeria and its relevance, states the research problems, research questions, and objectives, provides a background of the study, and should also include the research hypothesis [INTRO39509]…
Chapter Two: Literature Review
2.0 INTRODUCTION:
This chapter provides the background and context of the research problems, reviews the existing literature on the Protection And Redress For Victims Of Crime In Nigeria, and acknowledges the contributions of scholars who have previously conducted similar research [REV39509] …