A non-governmental organisation, CLEEN Foundation, has raised concerns about the challenges women face in Nigeria’s criminal justice system.
The Director of Programmes at CLEEN Foundation, Salaudeen Hashim, presented the findings from the organisation’s policy dialogue on gender accountability and transparency in implementing the Administration of Criminal Justice Act (ACJA) on Thursday in Lagos.
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According to Mr Hashim, the policy dialogue, conducted across eight states with support from the MacArthur Foundation, highlighted systemic flaws perpetuating gender-based discrimination in the justice system.
The identified challenges include discriminatory laws, inadequate female representation in law enforcement, proxy arrests, poor detention conditions with substandard facilities and healthcare, and cultural barriers hindering abuse reporting.
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He emphasised the need for a gender-responsive approach to criminal justice, noting that “gender equality in criminal justice is not just a matter of fairness but essential for the credibility and effectiveness of the system.”
Gender-responsive provisions in ACJA
A review of the report showed that the selected states of intervention are Edo, Delta, Bauchi, Sokoto, Katsina, Jigawa, Kwara, and Cross River states.
The foundation identified that Nigeria’s criminal code perpetuates gender disparities, with physical harm against women classified as a misdemeanour, whereas identical harm against men constitutes a felony.
It also noted that arresting in lieu remains a problem, with females denied surety rights despite provisions of the ACJA.
The report emphasised the need for improving awareness and understanding of the ACJA provisions by stakeholders across the focal states.
ACJA was signed into law by former President Goodluck Jonathan in 2015 to reform Nigeria’s criminal justice system. The Act with its salient provisions have been domesticated in nearly all the states of the federation.
Some of the key provisions of ACJA include the protection of human rights during investigation and trial, timely trial and resolution of cases, enhanced investigative techniques and evidence handling.
It also provides support and protection for victims and witnesses.
Other issues
The organisation also observed poor detention conditions, including migling minors with adults, citing a case of a 16-year-old female who was detained alongside men in Cross River State.
The report further highlighted the need for resolution of conflicts between existing laws, such as the Penal Code and the Violence Against Persons Prohibition (VAPP) Act, particularly around the definition of rape and consent.
It noted that the presence of customary laws alongside statutory laws creates inconsistencies in the application of justice, especially in gender-sensitive cases reported in the North-west region.
Mr Hashim, in his presentation, also emphasised the need to address judicial delays.
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“Bail conditions should be limited to three months, and sections of laws that are ambiguous, such as spousal battery under Section 20 of ACJA, should be clarified or reviewed,” he added.
He also spoke on the need for a specialised court for minor victims of gender-based violence, increased awareness about emotional abuse, and stricter penalties for publishing survivor identities.
Recommendations
To address gender-based injustices, the report recommended a gender accountability roadmap to tackle challenges such as inadequate awareness of laws, lack of training and insufficient collaborative efforts.
It noted that existing frameworks must be strengthened to ensure timely implementation, alongside a gender-responsive budget that will allocate resources effectively, prioritising women’s empowerment and protection.
It added that the need for digitalisation of court processes, to ensure adequate tracking of completed cases, court trials and proceedings.
Other recommendations include calls for inter-agency engagement, fast-tracking the passage of the Gender and Equal Opportunity Bill, and separate male and female facilities for juvenile offenders.
