REFORMING NIGERIA’S CRIMINAL JUSTICE SYSTEM THROUGH COMPENSATION FOR VICTIMS OF CRIMES: CHALLENGES, GAPS, AND THE WAY FORWARD

Abstract

Nigeria’s criminal justice system prioritizes offender prosecution and punishment, often neglecting adequate restitution for the victims of the crimes. Despite statutory provisions for compensation in her laws, the framework remains discretionary, inconsistently applied, and lacks specificity and enforcement mechanisms. As a result, victims are made to endure financial, psychological, and emotional burdens without meaningful redress. This paper examines the deficiencies in the Nigeria’s victim of crimes compensation framework, identifying the legal gaps, enforcement challenges, and institutional shortcomings. Using a doctrinal data collection method, focused on a comparative legal analysis, literature review, and case studies, the study evaluates Nigeria’s compensation for victims of crimes provisions, against the backdrop of international best practices. The findings reveal that, the Penal Code, the Criminal Code, the Administration of Criminal Justice Act (ACJA) 2015, etcetera made provisions for compensation for victims of crimes, but only as an option and not mandatory. It is observed that the absence of a Victim Compensation Fund, weak enforcement, and limited public awareness further hinders access to justice for victims of crimes. To address these issues, the paper recommends: enacting a National Victim Compensation Act, amending existing laws to make restitution and compensation mandatory, and establishing a National Victim Compensation Authority to oversee implementation. It is believed that these recommendations if adopted, will engender the much-needed reforms in the Nigerian legal system, and align Nigeria criminal justice system with global best practices by transitioning from discretionary to mandatory compensation for victims of crimes and ensure that her criminal justice is both punitive and restorative.