THE HIGHWAY OF JUSTICE: NAVIGATING THE PITFALLS, ROADBLOCKS, AND DETOURS OF THE NIGERIAN CRIMINAL JUSTICE SYSTEM

Abstract

The Nigerian Criminal Justice System, envisioned as a structured path to justice, instead resembles a chaotic highway plagued with potholes, roadblocks, and toll gates that hinder accessibility, efficiency, and fairness. This article critically examines the systemic inefficiencies that derail the delivery of justice, including corruption, inadequate resources, and procedural delays, which discourage victims from reporting crimes and erode public trust. It further explores systemic barriers such as police brutality, lack of access to legal representation, and societal prejudice, which disproportionately affect the poor and marginalized. Law enforcement agencies, judges, and prosecutors, who should function as traffic controllers ensuring a fair and efficient justice system, often contribute to delays and injustices through misconduct, bribery, and personal interests. Financial costs act as toll gates, preventing many from accessing legal remedies, while alternative dispute resolution mechanisms serve as detours—some providing swifter justice, while others lead to dead ends of unresolved grievances. To restore justice as a universally accessible journey, the article recommends comprehensive reforms, including increased funding for law enforcement and judicial officers, stricter anti-corruption measures, and enhanced legal aid services. The criminal justice system must operate with integrity, ensuring justice serves all parties; victims, the accused, and society at large. Without deep structural reforms, Nigeria’s highway of justice will remain riddled with obstacles, failing those it is meant to protect.

Keywords: Criminal Justice System, Corruption, Police Brutality, Legal Representation, Judicial Reform

Introduction

When you hear justice, what comes to mind? Do you ‘Evil’ people being punished under the law or something different from that? Dare I say, eight out of ten people would have thought in that line. Oscar Arias, a Nobel Peace Prize laureate had this to say, “It is essential that justice be done; it is equally vital that justice not be confused with revenge, for the two are wholly different”[1]. Honestly, the view of justice as revenge may not be entirely wrong as there is the existence of retributive justice[2], it is just a very limited standpoint. Aristotle laid out several groupings for justice and so have several philosophers. There are lot of definitions that try to encompass the real meaning of what justice is but I, especially, love how Doctor Tiffany Manuel put it; “Justice is a journey, not a destination”[3]. This one statement rewired my thoughts and made me take another look at the Nigerian Criminal Justice System and truthfully, I see it. If justice is likened to a journey, then the criminal justice system could be likened to a highway with freshly paved roads, the necessary traffic controllers and so on. In Nigeria, the situation would be a little different, or a lot actually. When you think of the Nigerian Criminal Justice System, you think of a busy, multi-lane highway riddled with potholes and intermittent roadblocks instead of a path that should be smooth, efficient, and accessible to all. Only when the problems have been systematically identified can we ever be on the path to finding solutions. That is the essence of this article.

Body

So far, the Nigerian Criminal Justice System has been identified as a busy, multi-lane highway riddled with potholes and intermittent roadblocks instead of a path that should be smooth, efficient, and accessible to all. Now, you would see how this conclusion was reached.

The system’s inefficiencies as the potholes

Potholes on any road are an unwelcome addition. In fact, a road with potholes would be avoided even if it meant taking a longer route. In this context of viewing the Nigerian Criminal Justice System as a highway, the potholes refer to the system’s inefficiencies; the very reasons that people avoid reporting crimes and take actions into their own hands.

The first to be discussed is corruption. It is like a termite that has eaten into Nigeria’s system. There is no system that is left out, including the Criminal Justice System that ought to be fighting against it. There is corruption among the lawyers, among the police, among the judges, among the prison officials, who, together make up the system. Corruption can come different forms[4]. It could be in form of bribery, extortion, influence peddling[5], political interference, nepotism, and favoritism. Did you notice how most of the forms of corruption are related to making money through underhanded means. Although, it is not an excuse, can you blame them though? They have inadequate resources to propel them to act properly and feed the monster of greed that resides within. This leads us to the second inefficiency; inadequate resources.

This inefficiency of inadequate resources could be discussed in two lights. The first, we have touched on a little. The principal officers in the Criminal Justice System are largely underpaid[6]. It can be argued that corruption is more of a moral issue but until the problem of underpayment is resolved, the possibility that it encourages corruption is still plausible. The second light is that the people of the country have inadequate resources to actually have their cases be dealt with under the criminal justice system. The economy is the hardest it has ever been and the last thing on the minds of citizens is to spend the little money they have for survival on their cases that may drag on for years.

The third system inefficiency is procedural delays. Cases could go on for years and the longer these cases draw on, the more irrelevant eventual outcomes become. That corroborates the legal maxim that says, ‘Justice delayed is justice denied’.

These system inefficiencies (the potholes) force stakeholders to navigate around them, slowing progress and leading to accidents including wrongful convictions, prolonged detention or dismissed cases due to technicalities.

The systemic barriers as the roadblocks

Physically, a roadblock is a temporary installation set up to control or block traffic along a road. In Nigeria’s Criminal Justice System, there are systemic barriers that act as roadblocks to the journey of justice. These roadblocks could be manifested in form of police brutality, lack of access to legal representation and societal prejudice[7]. Police brutality reached an all-time high in Nigeria in 2020 and Nigerians took to the streets to protest in what is now referred to as the EndSars Protest[8]. Sadly, despite that protest that ended up claiming several lives, police brutality is still one of the prominent barriers preventing access to justice for some[9]. As for lack of  access to legal representation, many citizens are unable to afford legal representation and so far, legal aid programs are inadequate to bridge the gap[10]. These barriers have their way of impeding free movement on the criminal justice highway, disproportionately affecting the vulnerable, like the poor and marginalized.

The law enforcement agencies, judges and prosecutors as the traffic controllers

Traffic controllers are responsible for directing and managing the flow of vehicles around a designated area. Just like the traffic controllers maintaining peace and order on the roads, we have the law enforcement agencies on the allegorical highway maintaining law and order, investigating crimes, and prosecuting offenders. Some diligently ‘direct traffic’ to ensure a fair journey, while others exploit their power, demanding bribes or arbitrarily rerouting travelers based on personal interest rather than justice. These personal interests could be financial gain, political leverage or personal revenge. The problems associated with this misbehavior are numerous; each problem greater than the former. It could start offenders becoming more brazen, knowing that law enforcement does not act fairly or effectively. There is no one holding them accountable and with every offence they get away with, the worse the next. It does not end there. Slowly, it begins to affect the views of members of the society too. They begin to lose confidence in law enforcement and that ultimately, results in reduces cooperation with investigations and reporting of crimes. That is still not the worst-case scenario. Eventually, with offenders proudly running amok and the gradual erosion of public trust, there would be social instability. This instability could manifest in forms of protest, civil unrest or even organized resistance against authorities.

The financial costs as the toll gates

A toll gate is a gate usually on a road or bridge where drivers pay to use such road or bridge. Nothing is free in this world, even access to justice. That is an indisputable fact. The problem arises where the fees are such that majority cannot afford. On this Criminal Justice Highway,  the toll gates embody financial costs; bail, costs and legal fees that many cannot afford. Those unable to pay are stuck at these gates, indefinitely detained or denied justice, while the wealthy or influential pass through with ease, usually at the expense of their poorer counterparts.

The alternative resolution mechanisms as detours

Occasionally, on highways, travelers encounter detours. They could be shorter routes to their destinations or even better roads. Some lead to dead ends, some save you time. Nothing plays the role of detours like alternative dispute resolutions. Sometimes, there could even be corrupt shortcuts. Overall, just like physical detours, detours on the justice highway could offer a faster, albeit unconventional, path to justice, and others could lead to dead ends, leaving victims stranded and disillusioned.

Recommendations:

The Criminal Justice System in Nigeria is majorly flawed. We have a long way to go. One thing we must keep in mind is that a reformed system should not favor any one party. The police and other law enforcement agencies, the judiciary, including the lawyers, the victim and accused persons, the prisoners and prisoners as well as the society at large, the system must favor all as best as it could. Honorable Justice Oputa, JSC (as he then was), in the case of Josiah v. the State[11], puts it best. He said, “And justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for the appellant accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, “whose blood is crying to heaven for vengeance” and finally justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of”. On that note, recommendations are as follows:

1. Lawyers, judicial officers, and the law enforcement officers are a major part of society. It may not seem like it but they really help to maintain order. The work they carry out should be reflected in their pays.
2. Regardless of whether pay is increased or not, all stakeholders in the Criminal Justice System should remain true to honorable values.
3. A reason why I believe corruption thrives is because there is always someone to pay and someone to receive. Citizens who have money should use it for more profitable things than feeding greed.
4. All arms of the Nigerian Criminal Justice System should play their parts effectively and honestly while also serving as watchdogs for each other.
5. There should be stricter anti-corruption measures that check the excesses of law enforcement agencies.
6. Enhancement of legal aid services would also be a measure to increase access to justice for all.

Conclusion

In conclusion, the Nigerian Criminal Justice System requires fixing. This fix is not a mere surface fix, but an ‘uproot everything and start all over’ kind of fix. It sounds cliché, but in one way or another, our actions or inactions also contribute largely to the current state of our criminal Justice System. We must come together to fix our Criminal Justice System so that the journey of justice is enjoyed by all and accessible to all.

Reference (S)

1. Kabs Kanu, Paopas, Don’t Confuse your Revenge Actions with Justice, COCORIOKO THE VOICE OF THE PEOPLE (Nov. 17, 2018), https://cocorioko.net/paopas-dont-confuse-your-revenge-actions-with-justice/.
2. Robert Longley, What is Retributive Justice?, THOUGHTCO., (June 29, 2022), https://www.thoughtco.com/what-is-retributive-justice-5323923.
3. Tiffany Manuel, Justice is a journey, not a Destination. Let’s stop Confusing the Two!, LINKEDIN, (Mar. 10, 2023), https://www.linkedin.com/pulse/justice-journey-destination-lets-stop-confusing-two-manuel/.
4. Ukatu J. Omaji, A_Corruption_in_Nigeria_Criminal_Judicial_System. Assessment of the Predisposing Situational Factors, 11 IJSSHI 8331, 8332-8333 (2024).
5. Charles Anthony, Remuneration of Nigerian Judicial Officers is Appalling, CHARLESANTHONYLAW, (Sept. 27, 2023), https://charlesanthonylaw.com/remuneration-of-nigerian-judicial-officers-is-appalling/.
6. Afolabi Sotunde, The “Soro Soke” Generation Won’t Give UP, AMNESTY INTERNATIONAL, (Feb. 8, 2021), https://www.amnesty.org/en/latest/campaigns/2021/02/nigeria-end-impunity-for-police-violence-by-sars-endsars/.
7. Allwell Uwazuruike, #EndSARS: An Evaluation of Successes and Failures One Year Later, GEORGETOWN JOURNAL OF INTERNATIONAL AFFAIRS, (Dec. 13, 2021), https://gjia.georgetown.edu/2021/12/13/endsars-a-evaluation-of-successes-and-failures-one-year-later/.
8. Valentine Chibueze Muoma, Legal Reforms and Access to Justice in Nigeria: Challenges and Opportunities, RESEARCHGATE (Oct. 2024), https://www.researchgate.net/publication/384635229_LEGAL_REFORMS_AND_ACCESS_TO_JUSTICE_IN_NIGERIA_CHALLENGES_AND_OPPORTUNITIES#:~:text=Many%20Nigerians%20cannot%20afford%20legal,marginalized%20communities%20access%20to%20justice.
9. Josiah v. State [1985]1 NWLR (Pt. 1) 125 (Nigeria).

[1] Kabs Kanu, Paopas, Don’t Confuse your Revenge Actions with Justice, COCORIOKO THE VOICE OF THE PEOPLE (Nov. 17, 2018), https://cocorioko.net/paopas-dont-confuse-your-revenge-actions-with-justice/.

[2] Robert Longley, What is Retributive Justice?, THOUGHTCO., (June 29, 2022), https://www.thoughtco.com/what-is-retributive-justice-5323923.

[3] Dr. Tiffany Manuel, Justice is a journey, not a Destination. Let’s stop Confusing the Two!, LINKEDIN, (Mar. 10, 2023), https://www.linkedin.com/pulse/justice-journey-destination-lets-stop-confusing-two-manuel/.

[4] Ukatu J. Omaji, A_Corruption_in_Nigeria_Criminal_Judicial_System. Assessment of the Predisposing Situational Factors, 11 IJSSHI 8331, 8332-8333 (2024).

[5] Influence peddling occurs where individuals or groups with political, economic, or social power exert undue influence on judicial officials to sway legal outcomes.

[6] Charles Anthony, Remuneration of Nigerian Judicial Officers is Appalling, CHARLESANTHONYLAW, (Sept. 27, 2023), https://charlesanthonylaw.com/remuneration-of-nigerian-judicial-officers-is-appalling/.

[7] “Societal prejudice” refers to a widespread negative attitude or bias held by a significant portion of a society towards individuals based on their perceived membership in a particular social group, like race, ethnicity, gender, religion, or sexual orientation, often resulting in discriminatory behaviors and systemic inequalities within that society; essentially, it’s prejudice ingrained within the norms and structures of a community.

[8] Afolabi Sotunde, The “Soro Soke” Generation Won’t Give UP, AMNESTY INTERNATIONAL, (Feb. 8, 2021), https://www.amnesty.org/en/latest/campaigns/2021/02/nigeria-end-impunity-for-police-violence-by-sars-endsars/.

[9] Allwell Uwazuruike, #EndSARS: An Evaluation of Successes and Failures One Year Later, GEORGETOWN JOURNAL OF INTERNATIONAL AFFAIRS, (Dec. 13, 2021), https://gjia.georgetown.edu/2021/12/13/endsars-a-evaluation-of-successes-and-failures-one-year-later/.

[10] Valentine Chibueze Muoma, Legal Reforms and Access to Justice in Nigeria: Challenges and Opportunities, RESEARCHGATE (Oct. 2024), https://www.researchgate.net/publication/384635229_LEGAL_REFORMS_AND_ACCESS_TO_JUSTICE_IN_NIGERIA_CHALLENGES_AND_OPPORTUNITIES#:~:text=Many%20Nigerians%20cannot%20afford%20legal,marginalized%20communities%20access%20to%20justice.

[11] Josiah v. State [1985]1 NWLR (Pt. 1) 125 (Nigeria).