RESTORATIVE JUSTICE IDEALS AND VICTIMS OF CRIME IN NIGERIA: TOWARDS A REPARATIVE JUSTICE APPROACH

Abstract

Restorative justice theory seeks to make the victim the central focus of criminal justice process by underscoring on their personality and the harm they have been suffered, owing to the crime perpetuated against them. Arguably, it is a theory of justice rooted in the ancient practice which views crime as solely between the parties involved, i.e. the victim and the perpetrator and criminal justice as aimed at restitution and reconciliation. For instance, indigenous African practices on the settlement of dispute, reflect restorative justice ideals of reconciliation and making the victim ‘whole again’. Indigenous practices of confession and penitence by the offender, taking responsibility for the harm done and making amends are all reflective of reparative justice. A resurgence of the restorative justice in modern criminal justice system began with the re-emergence of the victims’ rights crusade in the nineteenth century. In Nigeria, criminal justice is rather retributive and perpetrator-centric while, relegating the victim to the background in the criminal justice process. This paper adopts a purely doctrinal and desktop approach to examine the restorative justice theory as the legal basis for reparations to victims of crimes and particularly, narrows down on the reparative justice theory as a foundation for reparation to victims of crime in the administration of criminal justice in Nigeria.