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Indigenous People, Crime and Punishment examines criminal sentencing courts' changing characterisations of Indigenous peoples' identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier 'gains' in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process. Introduction 1. The Case for Judicial Accountability in Transitions 2. Truth, Transition, and Accountability of the Judiciary 3. Political Change and Judicial Reform: An International and Comparative Perspective 4. Judicial Accountability in Political Transitions: The Nigerian Context 5. Rights, the Judiciary and Constitutionalism in Transitions 6. Transition and the Judicialization of Politics: Dialectics of a Phenomenon 7. Courts to the Rescue? The Judicialization of Politics in Nigeria. Conclusion Hakeem O. Yusuf is a lecturer in Law at Queen's University, Belfast. 'In less than 200 pages, the author covers general questions of judicial accountability and the judicialisation of politics (Chapters 1 and 6); applies these questions to transitional contexts (Chapters 3 and 5); analyzes the specifics of judicial accountability in the Nigerian case (Chapters 4 and 7) and advances an analysis about the appropriateness of truth commissions for delivering judicial accountability (Chapter 2). In this respect, the book is a tour de force' - Catherine O'Rourke , University of Ulster, UK for Social & Legal Studies (2013)

The aim of this article is to initiate a new debate on vigilantism in Nigeria by arguing for a re-examination of the links between crime and vigilantism. It contends that, although the existing literature has shed considerable light on the practice of vigilantism in Nigeria, it has also obscured entire dimensions of the problem. By focusing exclusively on vigilante groups or ethnic militias, scholars have failed to anticipate the shift of the bulk of the violence from these social agencies to spontaneous mobs. After highlighting the factors that help explain the marginalization of ‘mob’ vigilantism in the scholarship about Nigerian vigilantism, I use ethnographic materials from my own field research in Lagos to show how crime – or more precisely unexplained crime – fuels intra-community distrust, which in turn fuels vigilante mobilization and violence as it increases the social control that crime-beset communities apply to some of their members who resent such distrust and consider it unfair. The data presented provide fresh insights into one of the most intriguing features of Nigeria vigilantism: the involvement of social delinquents at the roots of urban insecurity.

The Nigeria Police Force (NPF) has faced enormous challenges in handling corruption. Consequently, the government set up specialised anti-corruption agencies to combat corruption and financial related crimes. While studies have examined the operational challenges of these specialised agencies, the interaction between the NPF and the specialised agencies and its consequences have received little scholarly attention. This study examines the interface between the NPF and the anti-corruption agencies (the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) vis-à-vis the consequences from their inter-agency relations in Nigeria. Using Key Informant Interviews (KIIs), primary data were obtained from eighteen (18) purposively selected officials of ICPC, EFCC, NPF and scholars working on policing and anti-corruption agencies. Secondary data were obtained from textbooks, journals, Administration of Criminal Justice and Criminal Procedure Acts. Data were subjected to thematic and content analysis. Findings revealed that the anti-corruption agencies share policing powers of detection, investigation, search, summon, arrest, prosecution, detention, bail and seizure of property while combating financial crimes and corruption. The consequences of exercising policing powers by the anti-corruption agencies include local conflicts, mutual suspicion, domination, competition, inefficiency, confusion and overlapping functions which have negative implications on combating corruption and financial related crimes. The study concludes that the sharing of policing powers between the NPF and the anti-corruption agencies led to the weakening of anti-corruption agencies’ power in combating financial crimes and corruption in Nigeria. Therefore, government should reform the legal framework to strengthen the operations of anti-corruption agencies in Nigeria.

Gender-based violence (GBV) continues to be a global phenomenon. Though many African countries have taken legislative steps to criminalise various acts that constitute GBV, the effectiveness of which has been challenged and documented. Many victims/survivors seek informal communal justice that is appropriate and acceptable in their specific communities. This article examines community-based justice approaches in the criminal justice system of GBV crimes in West Africa, specifically in Nigeria and Ghana. While Nigeria is a purely patrilineal society, Ghana is a hybrid of both patrilineal and matrilineal societies. The article examines the influence of matrilineal culture on community justice regarding GBV crimes in Ghana. It examines the effectiveness of these approaches in identifying and punishing offenders as well as ensuring justice and closure for survivors as compared to formal justice in the prosecution of GBV offenders and the protection of survivors. The qualitative socio-legal method was adopted to conduct a desktop literature review as well as to collect fresh data by way of interviews. It was found that community-based justice is gaining popularity owing to several factors, including the slow process of formal justice dispensation, corruption and high rates of case attrition. Suggestions for reforms of the formal criminal justice system to gain a balance with the community systems of criminal justice in Nigeria and Ghana are made.

Since creating the Returns and Reintegration Fund in 2008, the British government has financed a variety of initiatives around the world under the rubric of “managing migration,” blurring the boundaries between migration control and punishment. This article documents and explores a series of overlapping case studies undertaken in Nigeria and Jamaica where the United Kingdom has funded prison building programs, mandatory prisoner transfer agreements, prison training programs, and resettlement assistance for deportees. These initiatives demonstrate in quite concrete ways a series of interconnections between criminal justice and migration control that are both novel and, in their postcolonial location, familiar. In their ties to international development and foreign policy, they also illuminate how humanitarianism allows penal power to move beyond the nation state, raising important questions about our understanding of punishment and its application.

Nigeria has a plural legal system in which various sources of law govern simultaneously. Inconsistent and conflicting legal frameworks can reinforce pre-existing health disparities in sexual and reproductive health (SRH). While previous studies indicate poor SRH outcomes for Nigerian women and girls, particularly in Northern states, the relationship between customary and religious law (CRL) and SRH has not been explored. We conducted a state-level ecological study to examine the relationship between CRL and SRH outcomes among women in 36 Nigerian states and the Federal Capital Territory of Abuja (n = 37), using publicly available Demographic and Health Survey data from 2013. Indicators were guided by published research and included contraception use among married women, total fertility rate, median age at first birth, receipt of antenatal care, delivery location, and comprehensive knowledge of HIV. To account for economic differences between states, crude linear regression models were compared to a multivariable model, adjusting for per capita GDP. All SRH outcomes, except comprehensive knowledge of HIV, were statistically significantly more negative in CRL states compared to non-CRL states, even after accounting for state-level GDP. In CRL states in 2013, compared to non-CRL states, the proportion of married women who used any method of contraception was 22.7 percentage points lower ([95% CI: -15.78 --29.64], p<0.001), a difference that persisted in a model adjusting for per capita GDP (b[adj] = -16.15, 95% CI: [-8.64 --23.66], p<0.001.). While this analysis of retrospective state-level data found robust associations between CRL and poor SRH outcomes, future research should incorporate prospective individual-level data to further elucidate these findings.

Rape is an endemic criminal sexual behaviour in Nigeria and its perpetration not only violates survivors' dignity but also compromises their health and wellbeing. The rape-related data used in this traditional literature review are derived mainly from small-scale surveys conducted in Nigeria. The deviant behaviour could be perpetrated against both males and females of various socio-demographic characteristics; however, it is young females that are disproportionately more affected. The determinants of rape include factors that are associated with adverse social, cultural and economic conditions. In Nigeria the prevention and control of the practice involve stakeholders such as parents, Non-governmental Organisations, religious institutions, government ministries as well as government agencies that constitute the criminal justice system. The criminal justice system uses existing legal statutes on rape to arrest, prosecute, adjudicate, and punish offenders. The barriers to the control and prevention of rape in Nigeria include the following: inappropriate perception; social stigmatization; under-reporting; and cumbersome legal requirements needed to establish a case of rape. Strategies with potentials for curbing rape in the country include public enlightenment, multi-sectoral action, advocacy, amendment of rape-related laws; training targeted at personnel in health care and criminal justice systems and formulation of evidence-based policies. Le viol est un comportement sexuel criminel endémique au Nigéria et sa perpétration non seulement porte atteinte à la dignité des survivantes, mais compromet également leur santé et leur bien-être. Les données relatives au viol utilisées dans cette revue de la documentation traditionnelle proviennent principalement des enquêtes à petite échelle menées au Nigéria. Le comportement déviant pourrait être perpétré contre des hommes et des femmes de diverses caractéristiques sociodémographiques; cependant, ce sont les jeunes femmes qui sont disproportionnellement plus touchées. Les déterminants du viol comprennent des facteurs associés à des conditions sociales, culturelles et économiques défavorables. Au Nigéria, la prévention et le contrôle de cette pratique impliquent des parties prenantes telles que les parents, les organisations non gouvernementales, les institutions religieuses, les ministères gouvernementaux ainsi que les agences gouvernementales qui constituent le système de justice pénale. Le système de justice pénale utilise les lois en vigueur sur le viol pour arrêter, poursuivre, juger et punir les contrevenants. Les obstacles au contrôle et à la prévention du viol au Nigéria sont les suivants: perception inappropriée; stigmatisation sociale; sousdéclaration; et les exigences juridiques lourdes nécessaires pour établir un cas de viol. Les stratégies susceptibles de mettre un terme au viol dans le pays comprennent la sensibilisation du public, l'action multisectorielle, le plaidoyer, la modification des lois relatives au viol; formation destinée au personnel des systèmes de santé et de justice pénale et la formulation des politiques fondées sur des données factuelles.

Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.