Urgent Call for Boosting Budgets in Nigeria's Criminal Justice System
The Administration of Criminal Justice Law (ACJL) in Nigeria aimed at enhancing the judicial system’s effectiveness, guaranteeing prompt and equitable administration of justice. Nevertheless, despite being enacted several years ago, the legal framework continued to face major issues including inadequate funding, rampant corruption, ineffective implementation, and political meddling. Non-governmental organizations like the CLEEN Foundation have persistently highlighted the insufficient financial support for criminal justice entities and how this affects the adherence to the rule of law.
A recent policy brief released by CLEEN Foundation in Lagos, with the theme "Media Advocacy for Increased Budgetary Allocation for Effective Enforcement of the ACJL," emphasized the critical requirement for enhanced financial support from the government. Although significant funds have been allocated to areas such as security, infrastructure, and policing, the organization pointed out that minimal efforts have been made to bolster criminal justice institutions.
The Nigerian criminal justice system mainly relies on governmental funding, sourced from both federal and state budgets.
Nevertheless, these distributions frequently fall short, resulting in significant difficulties throughout the investigative, prosecutorial, and judicial proceedings.
Dr. Salaudeen Hashim, the Programme Director at CLEEN Foundation, highlighted that even with constitutional provisions and the ACJL framework in place, financial assistance continues to be insufficient.
A detailed look at the 2024 Ministry of Justice (MoJ) budget clearly highlights misguided priorities.
Although only N73 million was set aside for the Administration of Criminal Justice Monitoring Committee (ACJMC), which oversees the implementation of ACJL reforms, a significant sum of N971.9 million went towards renovation expenses, with an additional N480 million designated for purchasing vehicles.
These financial choices underscore the administration's failure to prioritize enhancements within the criminal justice sector.
The outcomes of insufficient funding are severe. Detention centers have become hotbeds for criminal activity, police stations do not have crucial forensic equipment, and court caseloads keep inundating the judicial system. Across numerous regions, law enforcement personnel lack adequate preparation and means to properly uphold the law, resulting in indiscriminate arrests, extended incarcerations, and occasionally, unlawful executions.
For example, in certain regions, a single forensics lab serves millions of individuals, rendering thorough criminal investigations almost unfeasible. Additionally, the shortage of forensic specialists hampers investigators' capacity to collect robust evidence, which can lead to either unjust convictions or the closure of significant cases owing to inadequate proof.
Aside from insufficient funding, corruption has also diminished the efficiency of the ACJL. The CLEEN Foundation highlighted various methods through which corruption proliferates within the judicial system, such as:
The inappropriate use of plea bargains, especially when dealing with politically exposed individuals (PEPs).
The prioritization of capital projects for personal benefit instead of reinforcing the judicial infrastructure.
Political influence over judicial appointments and case proceedings.
The absence of transparency in budget formulation and implementation.
Bribery within law enforcement agencies, where suspects make payments to evade prosecution.
The controversy surrounding plea bargaining has intensified. Although this practice was meant to streamline judicial processes, its application in Nigeria has predominantly served to shield those in power.
Mr. Peter Maduoma, the Acting Executive Director of CLEEN Foundation, has vehemently criticized how plea bargaining is often employed as a means for corrupt politicians and powerful figures to evade accountability.
A scenario wherein someone steals ₦50 billion and subsequently gets away with paying only a fraction of that sum via a plea deal represents a significant miscarriage of justice," Maduoma asserted. "It is imperative for the press to keep bringing attention to this matter until relevant laws are revised and rendered fairer.
Dr. Hashim also highlighted that plea bargaining, rather than serving as an instrument for efficient justice, has turned into a method for protecting offenders from facing the complete rigor of the law.
"At the time of investigation, they promptly offer plea bargaining as an option instead of going for prosecution, essentially indicating that justice is not being upheld," he stated.
The repercussions of this system extend widely. As those with wealth and political ties leverage plea deals to avoid penalties, individuals without financial means or legal support find themselves trapped in jail over small infractions.
The Part Played by the Media in Advancing Criminal Justice Reform
To achieve successful advocacy and accountability, the media needs to adopt an active stance in guaranteeing that the ACJL implementation is adequately financed as well as transparent and immune to corrupt practices. The CLEEN Foundation highlighted that journalists should:
Consistently monitor budget allocations and their usage within the justice sector.
Investigate cases where government bodies do not disburse funds for ACJL implementation.
Reveal instances where political influence disrupts judicial proceedings.
Increase consciousness regarding the deficiencies in ACJL implementation across different states.
Promote success stories from states that have advanced in their justice sector reforms.
Journalists are also urged to leverage their platforms to amplify the voices of CSOs advocating increased funding and reforms in the criminal justice system. In states like Delta, where some reforms have been effectively implemented, the media should highlight best practices that can serve as models for other states.
Moreover, the media needs to take an active part in ensuring accountability among law enforcement agencies. Instances such as escapees evading custody, unjustified arrests, and acts of violence should be thoroughly reported and continuously monitored to guarantee that justice prevails.
The Path Ahead: Policy Suggestions for ACJL Implementation
To realize the full potential of the ACJL, several crucial steps should be implemented:
¡ Increase Budgetary Allocations: The government needs to prioritize allocating funds to the justice sector. Sufficient resources ought to be provided for investigations, prosecutions, forensic analyses, witness protection programs, and the development of judicial infrastructure.
¡ Strengthen Anti-Corruption Mechanisms: Transparency and accountability should be strengthened within the criminal justice system. This involves overseeing how budgets are implemented and making sure resources do not get redirected for personal or political advantage.
¡ Improve Stakeholder Coordination: The absence of cooperation among entities involved in the justice system has led to inefficiencies. To improve the efficacy of ACJL implementation, it is essential for the Ministry of Justice, law enforcement agencies, and civil society organizations to work together more closely.
¡ Enhance Public Awareness: A significant number of individuals working within the justice sector, such as police officers and judicial officials, have not had the opportunity to review copies of the ACJL. To guarantee comprehension among all parties involved, it is essential to introduce enhanced awareness campaigns and training initiatives aimed at familiarizing these professionals with the legal stipulations outlined in the document.
¡ Revamp the Plea Bargain Procedure: The implementation of plea bargaining needs strict regulation to avoid misuse. It is essential that the government ensures financial resolutions do not supersede proper legal punishments for acts like corruption and grave criminal offenses.
¡ Invest in Forensic and Digital Technology Infrastructure: Lack of forensic labs and digital case management systems has impeded efficient investigations and prosecutions. Greater funding is required to update Nigeria’s criminal justice framework.
¡ Maintain Judicial Independence from Politics Political intervention continues to pose a significant challenge within Nigeria’s justice system. It is essential to implement reforms aimed at protecting judicial autonomy, guaranteeing that both judges and prosecutors can function free from outside influence.
The successful execution of the ACJL in Nigeria depends on sufficient financing, openness, and a dedication to change. The CLEEN Foundation has pointed out that the present condition of the country’s criminal justice system is untenable due to issues like corruption, backlogs, and ineffectiveness, which undermine public confidence in the system.
The media plays a vital part in promoting advocacy for higher budget allocations and improvements in the justice sector. Through their work in keeping the government responsible, uncovering corruption, and giving greater exposure to civil society organizations' voices, reporters can help create a more open, equitable, and effective criminal justice framework in Nigeria.
Unless swift measures are implemented to tackle these issues, justice will remain accessible only to those who can afford it most, rendering typical Nigerians susceptible to the shortcomings of an inadequately funded and corrupted framework.
Provided by SyndiGate Media Inc. Syndigate.info ).