The Administration of Criminal Justice Committee of the Nigerian Bar Association (NBA), under the leadership of Chairperson Nella Andem-Ewa, SAN, has released a series of strategic “nuggets” aimed at reforming the post-trial phase of the Nigerian criminal justice system.
The committee’s latest recommendations shift the focus toward restorative justice, ensuring that the conclusion of a criminal trial prioritizes the restitution of the victim as much as the punishment of the offender.
Redefining Justice through Compensation
The Committee asserts that a convict’s completion of a prison sentence does not absolve them of their civil obligation to the victim. To bridge the gap between sentencing and true restitution, the Committee proposes the following standards:
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Residual Compensation: Sentencing frameworks must ensure that victims receive compensation regardless of whether a convict has served a custodial term.
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Alternative Restitution: In instances where a court orders monetary compensation and the convict is indigent, the Committee advocates for the use of community service or other non-custodial alternatives to satisfy the debt to the victim.
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The Victim Trust Fund: A central pillar of this reform is the mandatory establishment of a Victim Trust/Compensation Fund at the Federal, FCT, and State levels.
A Safety Net for Victims
The proposed Fund serves as a critical social safety net, ensuring that victims are not left without recourse when an offender lacks the financial means to pay court-ordered damages. This systemic shift ensures that the state takes proactive responsibility for the rehabilitation of those harmed by criminal activities.
“Justice is only complete when the victim is made whole,” the Committee stated. “By institutionalizing these compensation standards, we move from a purely punitive system to one that recognizes the human cost of crime.”
Signed,
Nella Andem-Ewa, SAN
Chairperson,
Administration of Criminal Justice Committee,
Nigerian Bar Association (NBA)
