The Colonial and Neocolonial Traits in the Nigeria Criminal Justice System

Abstract

A recurrent theme of the administration of criminal justice in Nigeria is the need for
effective collaboration between the actors in the criminal justice system and the
communities they represent as well as a penchant for rhetoric of reform. However,
actions of the agents of the criminal tend to be viewed with suspicion and aversion,
due to the general belief that the criminal justice system fails to redress ills and is
unaccountable. Nigeria's criminal justice system, a creation of the former colonial
powers, was designed to control and administer colonial justice, it has now
morphed into the current criminal justice system which retains its colonial
structures, mandate and purposes, albeit garbed in the clothing of a democratic
state. Since Nigeria attained independence in 1960, the vestiges of colonialism are
still reflected in the administration of the country, particularly the criminal justice
system, leading to conceptions that the vestiges of colonialism have now morphed
into neo-colonialism. Although conceptions of colonialism, imperialism and
neocolonialism are generally discussed in terms of politics, the economy, religion
and law, it is trite that all these are reflected in the criminal justice system. Utilizing
the social organization framework, which addresses the historical processes and
legacy, as well as access to and exchange of information that enables the
administration of criminal justice, this research considers that external colonial
vestiges, imperialism and neocolonialism have infused into the administration of
criminal justice, leading to a neocolonial effect on the administration of criminal
justice in Nigeria. Thus, there is an „us against them‟ mentality that is reflected in
the actions of the leadership of the country and reflected in the actions of agents of
the criminal justice system against the citizenry. This paper examines the traits of
colonialism and neocolonialism and its effect on the administration of criminal
justice in Nigeria and recommends introducing measures that can mitigate the
effect of colonialism because failure to address the effects of neocolonialism will
lead to persistence in the ills of the criminal justice system.