AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM
DOI:
https://doi.org/10.29121/ijetmr.v5.i12.2018.335Keywords:
Restorative Justice, Retributive Justice, Criminal Law, Criminal Justice SystemAbstract
This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.
Downloads
References
Abajuo, R.M. (2016) An Appraisal of the Administration of Criminal Justice Act, 2015, http://ssrn.com/abstract=2665611. Accessed on 2nd November, 2018.
Abikan, H, (2017). Debating the Criminal Justice System. http://voiceofreason.org.ng/wp/2017/10/12/debating-criminal-justice-system/ Accessed on 2nd November, 2018.
Abuchi, U. (2013). Prison congestion in Nigeria: Causes and solutions. Published by Assistant Superintendent of Prisons Maximum Security Prisons, Jos, Plateau State, Nigeria.
Adeniyi, O. (2002). “Compensation to Victims of Crime in Nigeria: A Critical Assessment of Criminal – Victim Relationship,” Journal of the Indian Law Institute, Vol. 44, Number 2, July 2002.
Alobo, E. (2016). Criminal Law and Sexual Offences. Princeton & Associate Publishing Co. Ltd, Lagos.
Ayorinde, B. (2014). Nigeria: A Reformatory Approach to the Criminal Justice System in Nigeriawww.mondaq.com/x/293894/Public+Order/A+Reformatory+Approach+To+The; 13thJuly 2017. Accessed on 2nd November, 2018.
Bazemore, G., & Schiff, M. (2001). Restorative community justice: Repairing harm and transforming communities. Cincinnati, OH: Anderson Publishing.
Deduwa v The State (2000). WRN 139.
Garner B. (2001). Blacks Law Dictionary, 7 Edition. London, Sweet and Maxwell Ltd.
Ibidapo–Obe A. (2010). 'Restorative Justice and Plea Bargaining Practices: A Tilt toward Customary Criminal Justice'. Gold Press Limited, Ibadan.
Iwuagwu I (2017). Macro-justice and criminal administration system in Nigeria, https://guardian.ng/features/macro-justice-and-criminal-administration-system-innigeria/Accessed on 2nd November, 2018.
James H. (2018). Restorative Justice; A Panacea To Crime Prevention In Nigeria https://thenigerialawyer.com/restorative-justice-a-panacea-to-crime-prevention-in-nigeria-byjames-hope-esq/. Accessed on 2nd November, 2018.
Karibi -Whyte, A. (1993). History and Sources of Nigerian Criminal Law (Ibadan: Spectrum Books Limited, p. 26.
Latimer, S., and Kleinknecht, S. (2000). The Effect of Restorative Justice programming: A review of the empirical? Canada: Department of Justice.
Lawal, P. (1990). “Criminal Jurisdiction of Magistrate Courts in Nigeria: A Need for Review” being a paper delivered at the 6th Edition of The Biannual National Convention and Delegates’ Conference of Magistrates’ Association of Nigeria, held in Lagos State.
Nwosu, K. (2011).' Nigerian Criminal Law and Procedure in Prospective' (National Strategic Training/Workshop on Fast Track Trials, Case Diversion Measures; Non –Custodial Options; Plea Bargaining; Use of ADR for Crimes and Restorative Justice, Abuja, Nigeria, December 5-9.
Nwosu, K. N, (2011). “Criminal Justice Reforms in Nigeria: The Imperative of Fast Track Trials; Plea Bargains; Non-Custodial Options and Restorative Justice.”www.nigerianlawguru.com accessed on 1st November, 2018.
Odoh B. (2015). Creative Approaches to Crime: The Case for Alternative Dispute Resolution (ADR) in the Magistracy in Nigeria Journal of Law, Policy and Globalization Vol.36.
Ogbomor v The State (1985) 1 NWLR (Pt. 2) 233
Okwendi J. (2014).‘‘The Role of Restorative Justice in Complementing the Justice System and Restoring Community Values in Nigeria’’. Asian Journal of Humanities and Social Sciences (AJHSS) Volume 2, Issue—3, August, 2014.
Omale, D. (2005). Understanding Restorative Justice: A Handbook for Criminal Justice Stakeholders, (Trinity – Biz Publication, Enugu, Nigeria.
Udokwu v Onugha (1963). 7 ENLR 1.
Downloads
Published
How to Cite
Issue
Section
License
License and Copyright Agreement
In submitting the manuscript to the journal, the authors certify that:
- They are authorized by their co-authors to enter into these arrangements.
- The work described has not been formally published before, except in the form of an abstract or as part of a published lecture, review, thesis, or overlay journal.
- That it is not under consideration for publication elsewhere.
- That its release has been approved by all the author(s) and by the responsible authorities – tacitly or explicitly – of the institutes where the work has been carried out.
- They secure the right to reproduce any material that has already been published or copyrighted elsewhere.
- They agree to the following license and copyright agreement.
Copyright
Authors who publish with International Journal of Engineering Technologies and Management Research agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY-SA 4.0) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or edit it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
For More info, please visit CopyRight Section
