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The problem
In Nigeria, there are many issues calling for governmental attention.1 Such issues include, but are not limited to, corruption, political, economic, social, security and current recession challenges. 2 Additionally, the rate of insecurity in Nigeria has produced many crime victims, and the criminal justice system in Nigeria has not been able to grapple with crime and criminals with a view to finding a solution to victimization.3 This precarious and varied situation has given rise to the total neglect of crime victims in Nigeria. Owing to the neglect of victims of crime, they are confronted by a number of needs, financial, physical, emotional, economic and psychological.5 Many victims of crime are further confronted by the trauma of the loss of lives, or the loss of a loved one or the loss of their life time investments to mention only a few owing to crimes of a violent nature.
Crime victims form part of criminal justice in any jurisdiction, but crime victim’s relevance has not been given due recognition in Nigeria; in terms of compensation. However, at the international level, as discussed in the study, the rights of crime victims to state compensation have been recognized and acknowledged.9 In addition to what has been said above, the Nigerian criminal justice system has not in its decades of operation considered the plight of crime victims. 10 The Nigerian government has noted that there is a need to re-examine the country’s criminal laws with a view to attaining a fairer administration of criminal justice. It, therefore, organized a National Conference at Abuja in June 1989.11 It stressed that Nigeria’s criminal justice framework should never again concentrate its consideration completely on the punishment or conviction of offenders; rather it ought to consider the compensation of crime victims.
In addition, the government reiterated the fact that the present arrangements of the corrective laws on compensation for crime victims were completely not available and these should be modernised and reformed over and above the standards and practices of the conventional criminal justice frameworks on compensation for crime victims. To this end, it recommended that a Criminal Injuries Compensation Board ought to be established in each state of the federation and Abuja, and the Board ought to be subsidised from elected, state and government subventions, fines and that the Board continues to offer benefits to crime victims from the fines seized from criminal offenders. 12 It is noted, however, and worrisome that, despite such laudable suggestions issued by the Abuja Conference, none of those suggestions or policies has seen the light of day in Nigeria. As noted earlier, in Nigeria compensating crime victims who have suffered victimization by the criminal conduct of another person is yet to receive the attention that it deserves from the state.
The Nigerian government’s primary attention has continually been overwhelmed by the need to combat and confront economic recession, corruption, to rebuild infrastructure and to provide immediate succour to the security challenges facing the nation.13 In the light of the above assertion, compensation is not currently within the programmes of the Nigeria state. The failure of the state in this regard, and the neglect of crime victims’ compensation in Nigeria and the criminal justice system, is the problem this study has examined. The claim for compensation from the state is as a result of the fact that restitution from convicted criminals is not sufficient to address crime victims’ compensation situation because, more often than not, criminals are indigent and sometimes the law enforcement agents are unable to apprehend them. In connection with the above, the study is focused on how crime victims can receive or be compensated by the Nigerian government when citizens suffer criminal victimisation.
Aims of this research
Generally, the research study has aimed to analyse the means that exist in Nigerian law under which compensation can be obtained by crime victims for the criminal victimization they have suffered. The study has, further, made a proposition about how crime victims can claim compensation from the Nigerian government owing to the fact that the compensation awarded by Nigerian courts is insufficient to ameliorate crime victims’ needs. Taken as a whole, therefore, the study has examined the domestic laws and practices in Nigeria relative to the right to compensation for crime victims. As the focus is on state responsibility, the scope of analysis was confined to victims of crime14 defined in this study. In examining relevant laws and practices, the study critically evaluated measures taken, or that should be taken, by the Nigerian government in complying with international standards and obligations with regard to crime victims’ compensation. Besides, the study brought issues to light of the need to make efforts to improve or put in place domestic laws and practices on the right to compensation in Nigeria and to assist crime victims in achieving their rights to compensation where possible.
This study is, therefore, part of the process of strengthening the right to compensation, in particular by serving as an enabling tool for crime victims in realizing these rights. The study was carried out through the examination of international, regional and national legal documents on compensation, bodies and agencies, especially those working on behalf of crime victims. This did not only strengthen the network of individuals and organisations working towards the eradication of crimes and criminals in the Nigerian society,15 but will also lead to a heightened awakening of the importance of crime victims’ right in receiving compensation owing to victimization. 16 It is hoped that the information collected and analysed in the course of the research will not only induce or propel the Nigerian government at all levels to undertake the necessary law reforms but will also assist crime victims and lawyers working with crime victims in claiming compensation by using the comparative experience from other jurisdictions. For example, the use of jurisprudence and/or measures adopted in one country could well support situations, cases and/or proposals for law reform in another country,17 Nigeria being no exception.
Table of contents :
- Plagiarism declaration:
- Dedication:
- Acknowledgment:
- Lists of acronyms:
- Key words:
- Thesis summary:
- Chapter One Introduction
- 1. The problem
- 2. Research questions
- 3. Aims of this research
- 4. Clarification of terminologies
- 4.1. Reparation
- 4.2. Compensation
- 4.3. Crime
- 4.4. Crime victims
- 4.5. Offenders
- 4.6. The state
- 4.7. Restitution
- 5. Methodology of the study
- 6. Literature review
- 7. Arrangements of the thesis
- 8. Limitations of the study
- Chapter Two: Theoretical framework and justifications for state-funded compensation to victims of crime
- 1. Introduction
- 2. Social contract and failure to protect theory
- 3. Crime, shame and reintegration theory
- 4. Neutralization theory
- 4. Restorative and restitutionary justice theory
- 5. Equity theory
- 6. Therapeutic or healing justice theory
- 7. Religious justice theory
- 8. Justifications for state-funded compensation to victims of crime
- 8.1. Society prohibits the individual from self-protection
- 8.2. The state denies any remedy to the victims by incarcerating the criminals
- 8.3 The state pays more attention and relief to the criminal to the exclusion of the crime victims
- 8.4 The state’s moral obligation to aid the innocent victims
- 8.5 In a democracy no theoretical justification of absolute rightness is necessary to adopt a compensation programme
- 8.6 Compensation programmes/schemes will bring a huge public awareness of the costs of crime and attract general public supports for law enforcement agencies to minimize these costs
- 8.7 Compensation programmes/schemes will be advantageous and benefit the police because their attention will be drawn to the commission of crime
- 8.8 Compensation programmes/schemes strengthen democracy by restoring victims of violent crime to the position they were before the crime
- 9. Crime victims’ rights movement
- 10. Conclusions
- Chapter Three: The emergence and development of state-funded crime victims’ compensation
- 1. Introduction
- 2. Historical evolution of compensation by the state
- 3. Modern state crime victims compensation
- 4. Crime victim compensation in African indigenous cultures
- 5. African indigenous justice administrations
- 6. Crime victims in traditional African justice administration
- 7. Offenders in African traditional justice administration
- 8 Compensation to crime victims under traditional social norm in Nigeria
- 9. Conclusions
- Chapter Four: Crime victims, offenders and the practice of restorative justice vis-à-vis state compensation
- 1. Introduction
- 2. Defining restorative justice
- 3. Principal concepts of restorative justice
- 3.1 Values of restorative justice
- 4. Programmes and practices of restorative justice
- 4.1 Victim offender mediation
- 4.2 Conferencing
- 4.3 Sentencing Circles
- 4.4 Victim assistance programmes
- 4.5 Restitution and community service
- 5. Benefits of a restorative approach to justice
- 6. Evaluating restorative justice
- 7. Need to recognise restorative justice in Nigeria criminal justice administration
- 8. Restorative justice is a precedent with regards to the needs of all parties
- 8.1 Crime victims’ needs
- 8.2 Criminal offenders’ needs
- 8.3 Community needs
- 9. Restorative and justice institutions
- 10. Restorative justice in the African context
- 11. Conclusions
- Chapter Five: Compensation and treatment of crime victims under Nigerian and international law
-
- 1. Introduction
- 2. An analysis of the present position of crime victims in Nigeria
- 2.1 Compensation under Nigerian laws
- 3. International law and state-funded compensation to crime victims
- 3.1 The United Nations
- 3.2 The Statute of ICC
- 3.3 Africa
- 4. International instruments and state compensation
- 5. Issues in the Nigerian criminal justice system
- 6. Victims of crime treatment in the criminal justice of Nigeria
- 6.1 Treatment of crime victims and the criminal court proceedings
- 6.2 Treatment of crime victims by the prosecution
- 6.3 Police treatment of victims of crime
- 7. Crime victim’s rights in the criminal justice system
- 7.1 Right to protection of private life and safety
- 7.2 Right to restitution and assistance
- 7.3 Right to compensation
- 7.4 Right to information and notification
- 7.5 Right to understand and be understood
- 7.6 Right to effective remedy
- 7.7 Right to be treated with respect and dignity
- 8. Why should the state be responsible for crime victims’ compensation in Nigeria?
- 9. Conclusions
- Chapter Six: State-funded compensation programmes for victims of crime: practices and procedures in comparable jurisdictions
- 1. Introduction
- 2. A brief overview of the schemes in the jurisdictions under consideration
- 3. Criminal injuries compensation scheme: rationale for the scheme
- 4. Eligibility requirements for compensation
- 5. Administrative procedures
- 6. Funding crime victims’ compensation
- 7. Crime victims’ exclusion from compensation claims
- 8. Evaluating crime victims’ compensation scheme
- 9. Compensation: similarities in the jurisdictions
- 10. Conclusions
- Chapter seven: Instituting and implementing a statutory crime victim compensation scheme in Nigeria
- 1. Introduction
- 2. Need for a national framework for a crime victims’ compensation scheme in Nigeria
- 3. Mechanisms of a victim compensation scheme
- 3.1. Compensation should be accessible
- 3.2. Rendering assistance during application process
- 3.3. Reporting commission of crime by the victims
- 3.4. Review/appeal and administrative expenses
- 4. Instituting/establishing a victim compensation scheme in Nigeria
- 4.1. Eligibility for state compensation in Nigeria
- 4.2 Compensable crimes under the Nigerian compensation scheme
- 4.3 Compensation benefits under the Nigerian victim compensation scheme
- 5. Funding the Nigeria victim compensation scheme
- 5.1 Compensation from the offenders
- 5.2 Funds from confiscated property of convicted criminals
- 5.3 Funds from individuals/corporations and philanthropic organizations
- 6. Nigeria’s budget for selected social welfare services (billions of Naira)
- 7. Challenges in funding the Nigeria state compensation scheme
- 8. Restorative Justice and the NVCS
- 9. Conclusions
- Chapter Eight:
- 1. Introduction
- 2. Summaries
- 3. Conclusions
- 4. Contributions of the study to knowledge
- 5. Recommendations
- Bibliography
- Books
- Chapters in books
- Journal articles
- Unpublished thesis
- Case laws
- Websites
- Acts/Codes
- South African Policy Documents
- Constitutions
- International Instruments/Documents
- Regional Instruments
- Annex:
