INTRODUCTION
The Rule of Law and Accountability Advocacy Centre national conference on the Criminal Justice System and the Criminalization of Poverty in Nigeria (RULAAC) with support from the Open Society Initiative for West Africa (OSIWA) was attended by experts and stakeholders drawn from various sectors including criminal justice sector, civil society organisations, media, public sector and the media. The conference appropriated the challenges and issues confronting the criminal justice system in Nigeria and its implications for the attainment of a functional society that respects and upholds citizens’ rights to justice in Nigeria.
The aim of the conference was to develop workable recommendations for the reform of the criminal justice system to achieve a functional, effective, and speedy criminal justice system that delivers equal justice and guarantees equal protection for all without discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties. Held under the chairmanship of Prof. Etannibi Alemika of the University of Jos, participants at the conference deliberated and made valuable presentations aimed at reforming the criminal justice sector and the criminalization of poverty in Nigeria. Professor Chidi Anselm Odinkalu delivered the keynote address on the theme, “Criminalization of Poverty in Nigeria: A Synopsis of Origins and Issues”. Odinkalu’s powerful address provided a solid premise for the discussions that followed.
Observations
The various speakers and presentations made some observations about the state of the Nigerian society and the responses to poverty. Asserting that poverty has been criminalized in Nigeria and poor people are at the receiving end of a corrupt justice system, the participants observed that:
The worst form of inhumanity is poverty or the impoverishment of the people, and the law has historically criminalized being poor in several ways.
Poverty has been identified as one of the causes of rising violence in Nigeria. As such, the Agenda 2030 affirms the need to “build peaceful, just and inclusive societies that provide equal access to justice and that are based on respect for human rights (including the right to development), on effective rule of law and good governance at all levels and on transparent, effective and accountable institutions.”
Criminal law is often administered in a discriminatory manner that appears to target the poor for being who they are and, in so doing, creating immiseration and deepening impoverishment. The enforcement of criminal laws is done in a “discriminatory manner and frequently results in arbitrary and unlawful arrests targeting the poor and other marginalised groups.”
Criminal law and institutions by themselves also have disparate impacts on poor people including the denial of basic guarantees of due process which are supposed to be enjoyed inequality by all persons, rich and poor.
The poor constitute the majority of those who end up in prison for being unable to pay bribes for bail at police stations. Specifically, the poor constitute the majority of persons awaiting trial and who may never have the chance to appear in court again after the initial arraignment and may be forgotten in the system.
While about 70 per cent of detainees are pre-trial detainees, 75 per cent of pre-trial detainees are below the poverty line and cannot afford bail, bribe or barrister.
The criminalization of poverty attacks the pursuit of legitimate livelihood by poor people, disabling them from enjoying the right to life in equality with fellow humans and fellow citizens
The challenge of criminalization of poverty is drawing closer to all of us because of how quickly poverty can become our fate in the country, based on the increasing figures of poor Nigerians.
Removing people’s agency by discriminating against them based on their status and gender is a reality, especially in the case of the school girls who are removed from school and compelled to marry based on the fear of their parents that they may be corrupted in school.
There is no incentive for accountability for younger people and there is an epidemic of young people coming that if not contained will consume everyone.
The law enforcement, the judiciary and the correctional services represent a structure that regulates law and order in any society.
Recommendations
The National Assembly needs to put in place legislation that will address the issues affecting the administration of criminal justice system in Nigeria.
The National Assembly should to promulgate legislation that will end poverty in the country.
Education is the biggest means of mobility out of poverty; the government across levels must enable equal access to education by boys and girls.
There is a need to decriminalize petty crimes and offences in Nigeria. The National Assembly should put in place measures to checkmate the criminalization of petty offences.
Stakeholders in the criminal justice system should work for the reform of the judiciary system by retraining its officers to become more efficient and transparent to serve justice to the people
Stakeholders need to push for the decriminalization of politics in Nigeria so as to institute a transparent system that guarantees dev the development of the country
Civil Society Organisations need to engage more with lawmakers than with law enforcement because the lawmakers make the laws
There is a need to look to other democratic examples other than the American democracy when looking for international examples. Examples of Nordic countries and their methods of policing should be considered.
Stakeholders in the justice system need to work in ensuring that the inequality in the justice system in Nigeria is addressed; everyone is a victim of the unequalled justice system
To redress the criminal justice system, CSOs need to advocate for Nigeria to unbundle the police force.
The media and other social influencers need to sell hope despite the state of dystopia; people need to be encouraged to have hope.
