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THE CRIMINAL
JUSTICE SYSTEM IN NIGERIA: THE COURTS-PRISONS INTERACT IN ABIA STATE
CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
The criminal
justice system in Nigeria with particular reference to Abia State is made up of
three distinctive inter-dependent components viz.; the police, the courts and
the prisons. These agencies work in synergy in the prevention, deterrence,
apprehension, investigation, trial, punishment and rehabilitation of offenders.
The said public agencies maintain law and order, law enforcement and
imprisonment of offenders. They also make provisions for sustainable programmes
for corrections and rehabilitation of inmates.
Therefore, the goal of the criminal justice system is prevention,
deterrence and control of crime in the society. Although, Moore (1997) noted
that the criminal justice is not a system in the sense that, all agencies are
directed towards a particular objective with the help of a centralized
authority, that, it is a limited system to the extent that, the different
agencies are linked through a process in which one agency’s output become the
next agency’s input. The output of the police is the input of the courts, while
the output of the courts is the input of the prisons, and vice versa.
Furthermore,
Dambazau (2011) viewed same as an instrument of practical purposes, accountable
for the efficient and effective reduction of crime. This is through three
distinct mechanisms: deterrence, incapacitation and rehabilitation. Meanwhile,
Iwarimie - Jaja (2003) viewed same as “a process where the different components
co-ordinate their independent functions by processing the criminal suspect from
one stage to the other”. The process involves arrest, booking, trial and
confinement. However, this study will concentrate on the criminal justice
system in Nigeria, lessons from the courts – prisons interact in Abia State
geographical area.
The study
will emphasize more on the contributions of the courts and the prisons towards
timely delivery of justice in Abia State. Although, it is believed that the
courts failure to dispense justice timely is due to prisons ineffectiveness and
corruption in the Society. Meanwhile, the prisons argued that offenders
standing trail never arrived late to courts and cannot be the reason for delay
in justice delivery. Therefore, the study intends to uncover reasons behind
such delay since, justice delayed is justice denied.
1.2 Statement of the Problem
The
courts-prisons interact within the criminal justice system is geared towards
prompt justice delivery and rehabilitation of offenders. Most recently, it is
an issue of concern in the national dailies, subject of discussion by citizens
and legal practitioners on how the system has degenerated, yet it has persisted
unabated. According to Brown (n.d), “the
various reasons why the courts could not sit, or when they sat could not mention
a matter but adjourn to a future date frustrates effort of the prisons
officers”. The courts never considered how prisons officers feel returning with
offenders to base with directive to reproduce same offenders on the adjourned
date. The situation could be worse considering distance covered, poor state of
roads, logistics and financial position of the prisons. The prisons’ effort to
meet with their routine obligation as well as service several courts within the
jurisdiction has created problems. The courts inability to effectively and
timely dispose of cases and/or the prisons to continue to house offenders
without trial in courts, have further compounded the problems.
Hence, the
study intends to probe into how the situation has constituted the failure of
the criminal justice system. To that extent, the study will aim at proffering
solution as to stem the tide and better the lot for the justice system. It will
also win the hope for justice by the common man. The situation necessitated
in-depth investigation into the courts - prisons relationship in Nigeria with
particular reference to Abia State. In sum, many scholars have written on the
criminal justice system as a whole and the specific structures therein, namely:
the police, courts, and prisons. There is no known study in Nigeria that is concerned
with the contretemps in the relationship between the courts and the prisons in
the course of justice delivery. This is the essence of this study with a view
to making the criminal justice system more effective, hence the need for a
rethinking.
1.3 Objectives of the Study
The main
objective of this study is to ascertain and appraise the work-relationship
between the courts and the prisons in the criminal justice system in Abia
State. The subsidiary objectives of the study include the following:
To find out
factors that hinder criminal justice agencies, particularly the courts and the
prisons in the discharge of their duties.
To find out
the extent of ethics adherence by the courts and the prisons.
To ascertain
what causes delay in court proceedings which ultimately affect justice delivery
in Abia state.
To
investigate how the criminal justice agencies, particularly, courts and the
prisons in Abia State can co-operate more in the course of justice delivery.
To make
suggestion and recommendations for a more reliable and efficient Justice
delivery in Abia State.
1.4 Research questions
The following questions guide this
study:
i. What are the factors that could hinder
criminal justice agencies in discharging their duties in Abia State?
ii.
What is the extent of ethics adherence by criminal justice agencies in
Abia State?
iii. What are the factors which causes
delay in court proceedings that affect justice delivery in Abia State?
iv.
In what ways do criminal justice agencies co-operate in justice delivery
in Abia State?
v. In what ways can criminal justice
system be improved in Abia State?
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