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Human rights challenges in the Nigerian criminal justice system: awaiting trial and convicted prisoners in perspective
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Date
2024
Authors
Taiwo, Olateju Oluwabunmi
Journal Title
Journal ISSN
Volume Title
Publisher
University College Cork
Published Version
Abstract
Nigeria’s constitutionally recognised right to silence plays a critical role in upholding fair trial standards. Its prominence grew with the enactment of Lagos State’s Administration of Criminal Justice Law in 2007, which replaced the earlier Criminal Procedure Act 2003, and was subsequently adopted at the Federal level through the Administration of Criminal Justice Act in 2011. Both frameworks introduced comprehensive measures designed to safeguard suspects’ pretrial rights to silence. Despite these advancements, considerable challenges persist more than a decade later, particularly concerning the prevention of police misconduct and the enforcement of procedural rights during pre-trials. The primary issue is not the existence of the pretrial right to remain silent, but rather its practical enforcement.
This thesis analyses how this right is interpreted within Nigeria’s legal system, asserting that its scope extends beyond current judicial acknowledgment. Drawing on quantitative and qualitative research covering three decades—both before 2007 and after 2011—the study reveals that the right is neither fully comprehended nor effectively applied to protect those it is intended to benefit. The research further explores broader contextual interpretations and comparative practices in other common law jurisdictions, such as England and Wales, as well as judicial decisions from Regional Human Rights Courts, suggesting that a wider application of the right could strengthen protections for suspects during the pretrial phase.
Additionally, this thesis investigates epistemic factors impeding the realisation of the right to silence, including police interrogation methods, environmental influences during questioning, and their effect on suspects' decision-making. It considers legal positions that may undermine the efficacy of the right in practice, such as the use of covert surveillance to gather evidence and the admissibility of illegally obtained materials. Employing Pierre Schlag’s analytical framework, the study critically examines the concept’s interpretation, delineates its boundaries, and addresses ambiguities and paradoxes associated with its implementation.
The examination is grounded in the principle that procedural justice and legitimacy are essential to an effective criminal justice system. It articulates a persuasive case for prioritising the protection of rights within Nigeria’s criminal justice context, analysing the criteria necessary for international cooperation against cross-border crime. As transnational criminal activity rises, inter-state collaboration in identifying and apprehending offenders becomes increasingly important. Within this framework, the text highlights the importance of maintaining the integrity of evidence presented by law enforcement and the prosecution.
The discussion advances the argument that judicial reform can enhance the protection of the suspect’s right to silence during pretrial proceedings and uphold defendants’ rights at trial, thus fulfilling both preventative and protective functions. It introduces the Protectionist Model, which advocates a human-rights-driven approach to criminal justice and supports an expansive interpretation of the right to silence. Furthermore, the model underscores the critical responsibility of the judiciary in promoting social change by actively engaging in legal reform to better safeguard the rights of individuals involved in criminal proceedings.
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Keywords
Pretrial right to silence , Procedural justice , Fair trial rights , Admissibility of evidence , Corroboration , Privilege against self-incrimination
Citation
Taiwo, O. O. 2024. Human rights challenges in the Nigerian criminal justice system: awaiting trial and convicted prisoners in perspective. PhD Thesis, University College Cork.