Restorative Justice in Nigeria

Restorative justice in Nigeria: A Path to Healing and Accountability

Introduction

Restorative Justice in Nigeria is an evolving approach in the field of criminal law that emphasizes repairing the harm caused by criminal behavior through inclusive processes that engage all stakeholders. It is a system of dispute resolution that emphasizes repairing the harm caused by criminal behaviour and its major aim is to heal the victims’ wounds and restore offenders to law-abiding citizens while requiring offenders to take responsibility for their actions and for the harm they have caused.

In Nigeria, a country grappling with a complex legal landscape and high rates of crime, Restorative Justice offers a promising alternative to traditional punitive measures. This article explores the principles of restorative justice and evaluates its effectiveness in promoting healing for victims and accountability for offenders within the Nigerian context.

Principles of Restorative Justice

Unlike the Retributive Justice whose focus is on the offender, the focus of the Restorative Justice is the victim and its goal is how to repair wounds or injuries caused and make the victim whole or restore to position ante. The Restorative Justice also aims to restore the offender to a position of dignity and respect in the society and allow him make meaningful contribution to the society departing fully from his old unaccepted ways.

The theory of restorative justice has basic principles guiding it, and some say that another way to explain restorative justice is to look at the core principles that govern it.  Restorative justice is founded on several key principles:

1. Victim-Centered Approach: Restorative Justice prioritizes the needs and perspectives of victims, allowing them to express their feelings and receive support throughout the process. This contrasts sharply with traditional justice systems, which often overlook victim experiences.
2. Offender Accountability: Offenders are encouraged to take responsibility for their actions. Through direct engagement with victims, they can better understand the impact of their behavior and work toward making amends.
3. Community Engagement: Restorative Justice promotes community involvement, recognizing that crime affects not only the victim and offender but also the wider community. Community members play a crucial role in facilitating dialogue and support.
4. Repairing Harm: The primary goal of Restorative Justice is to restore relationships and heal the damage caused by crime, rather than merely punishing the offender. This approach seeks to mend the social fabric disrupted by criminal acts.

Restorative Justice in Nigeria’s Criminal Justice System 

It is common knowledge that the Nigerian Correctional Centres do little or nothing to rehabilitate and reintegrate offenders into the society as most prisoners come out more hardened. Nigeria’s criminal justice system is retributive and characterised by punishment and sanction, but restorative justice is emerging as a formidable alternative to it.

Despite the shortcomings of the then Prison Service, it is laudable to applaud the tremendous feat of the government on the introduction of the new Correctional Service Act which not only changed the name from Prison to Correctional Centres but also made provision for the use of Restorative Justice in the country. For instance, the Restorative Justice process may occur during the trial, before trial or after trial. From the provisions of the Nigerian Correctional Service Act, 2019, there are four (4) stages at which the restorative justice approach may be used. They are: Pre Trial stage, Trial stage, during Imprisonment, and post-imprisonment.

Additionally, the Correctional Service Act has now adopted a process of custodial and non-custodial approach giving room for restoration and this is a huge stepping stone for Restorative Justice practitioners. However, the law should not only be made but seen done by a rapid implementation. The implementation of restorative justice in Nigeria has been gradual, with various pilot programs and community-based initiatives emerging. These programs often focus on:

1. Mediation and Dialogue: Facilitating discussions between victims and offenders in a controlled environment helps both parties express their feelings and reach mutual agreements on reparations.
2. Community Justice Committees: Local committees, composed of community members, assist in mediating conflicts and overseeing restorative processes, thereby enhancing local ownership and accountability.
3. Traditional Practices Integration: Many communities in Nigeria have longstanding traditions of conflict resolution that align with Restorative Justice principles. Integrating these practices into formal justice processes can enhance acceptance and effectiveness.

Effectiveness in Promoting Healing and Accountability

1. Healing for Victims: Preliminary studies and anecdotal evidence suggest that victims participating in Restorative Justice processes often report higher levels of satisfaction compared to traditional court outcomes. The opportunity to confront offenders and express their feelings contributes to emotional healing and closure.
2. Offender Accountability: Restorative Justice encourages offenders to engage with the consequences of their actions. Many report feeling a sense of remorse and a desire to change behavior after participating in restorative practices. This personal accountability can lead to reduced recidivism rates.
3. Community Restoration: Restorative Justice fosters a sense of community responsibility. By involving community members in the process, it helps rebuild trust and strengthens social cohesion, which can deter future criminal behavior.

Challenges and Limitations

While restorative justice holds significant promise, several challenges hinder its widespread adoption in Nigeria:

1. Cultural Acceptance: Some communities may be resistant to shifting away from punitive justice models. Efforts to educate stakeholders about the benefits of Restorative Justice are essential.
2. Legal Framework: The current legal framework in Nigeria often prioritizes punitive measures over restorative approaches. Legislative reforms may be necessary to institutionalize Restorative Justice practices.
3. Resource Constraints: Limited resources and training for facilitators can impact the effectiveness of Restorative Justice programs. Investing in capacity-building initiatives is crucial.

Conclusion

Restorative justice presents a transformative opportunity for Nigeria’s criminal justice system, focusing on healing for victims and accountability for offenders. By fostering dialogue, community involvement, and a focus on repairing harm, Restorative Justice can contribute to a more just and cohesive society. While challenges remain, continued advocacy and investment in restorative practices may pave the way for a more humane and effective approach to justice in Nigeria. Improving Efficiency in Nigeria’s Justice System – AWJAI

References

1. Ifeoma Ononye, “An Analysis of the Concept of the Restorative Justice Under the Nigerian Criminal Justice System” (2020) (29) An Analysis of the Concept of the Restorative Justice Under the Nigerian Criminal Justice System | Ifeoma Ononye – Academia.edu accessed 29th September 2024
2. A Simple Guide To Understanding Restorative Justice – TheNigeriaLawyer