PRISONER’S RIGHTS AND THE NIGERIAN CRIMINAL JUSTICE SYSTEM: LESSONS FROM SOUTH AFRICA CRIMINAL JUSTICE APPROACH

Abstract

In the heart of the Nigerian criminal justice system, lies a dark and often overlooked reality, the plight of prisoners and the countless human rights violations that mar their incarceration experience. Prisoners after an official pronouncement, ultimately have certain limitations to exercise their fundamental human rights. Notwithstanding this, the rights of suspects remain largely protected during the process of criminal justice administration, from arrest to conviction. Effective implementation of Criminal justice system in any society is the weatherglass of democratic practices. However, Afro-Pessimists argue that Africa is unable to effectively bring about the changes for upholding the rule of law. As a result, the effective administration of justice in Africa remains elusive. Bowd concurs with other scholars that the criminal justice practices of many Africa states are rooted in the previous colonial administration. Basically, colonial legal systems were retributive and left government with a legacy of retributive justice system because access to justice was never the aim of the colonial legal system. Therefore, the traditional and restorative approaches to criminal justice should be applied. Using the doctrinal research method, the paper examines the current state of prisoner’s rights within the Nigerian Criminal Justice System which is disjointed and has resulted in minimal concerns for the human rights of the accused person making access to justice a major problem facing the legal fraternity in Nigeria. Hence, the paper considers the possibility of incorporating lessons from South Africa’s criminal justice approach. It argues that the incorporation of South Africa’s approach to criminal justice could benefit the Nigeria system through improved access to legal aid and medical care, alternative dispute resolution, and reduced pre-trial detention among others. This paper concluded that there is need to take deliberate steps to reduce prison populations by considering alternatives to imprisonment, especially for non-violent offenders, prioritizing rehabilitation through business-support initiative and skill-building of inmates can aid reintegration into the society, thereby tilting towards restorative approach. It recommended radical transformation of theory and practice of criminal justice in Nigeria if access to justice for all will be achieved.