Behind Bars: Unpacking the Nexus Between Nigeria’s Federal Structure, Criminal Justice System, and Alarming Rise of Awaiting Trial Syndrome in Correctional Facilities – Challenges, and Pathways to Reform

Abstract

Federalism features three tiers of government alongside the traditional arms of government concurrently. The former constitutes the federal, state and local government which portrays a classical feature of federalism while the latter constitutes the executive, judiciary and legislature. However, the pattern of interplay and overlapping nature of responsibilities of the components units as created avenue for glitches and frictions for smooth operations of the criminal justice structure in practice. The objective of the paper is to appraise the effects of Nigeria’s federal structure on general management of criminal justice administrations, with concomitant effects of increasing awaiting trials across correctional centers in Nigeria. This study primarily relied on interview of key stakeholders within the justice delivery system and secondary from panel data of relevant international organizations, journals, articles, government publication and the internet. The population for this study was purposively selected across the police, judges, clerks, and correctional officers. The study discovered that Nigeria’s obtuse operation of the federal system of government constitutes delays in justice dispensation, power tussle, jurisdiction tussle and huge cost of operations. The study however, recommended creation of state police, speedy judicial and investigation process, clear jurisdiction of authority, review of the law framework among others as the remedy to the effects of the problems posed by the Nigeria federal structure on the justice system linking to the increase awaiting-trial syndrome among other recommendations.