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<title>THE EFFECT OF ACTIONS OF CRIMINAL JUSTICE AGENTS ON ACCESS TO  JUSTICE AND PERSONS AWAITING TRIAL</title>
<link>http://hdl.handle.net/123456789/849</link>
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<pubDate>Wed, 08 Apr 2026 01:09:40 GMT</pubDate>
<dc:date>2026-04-08T01:09:40Z</dc:date>
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<title>THE EFFECT OF ACTIONS OF CRIMINAL JUSTICE AGENTS ON ACCESS TO  JUSTICE AND PERSONS AWAITING TRIAL</title>
<link>http://hdl.handle.net/123456789/850</link>
<description>THE EFFECT OF ACTIONS OF CRIMINAL JUSTICE AGENTS ON ACCESS TO  JUSTICE AND PERSONS AWAITING TRIAL
OCHEI, BUKOLA ODESIRI,
The actions of criminal justice agents play a crucial role within the Criminal Justice System &#13;
(CJS) and in Ensuring Access to Justice (A2J) for Persons Awaiting Trial (PAT). These actions &#13;
are often influenced by Criminal Justice Approaches (CJA) which should reflect in policy and &#13;
practice. Previous studies on CJAs‘ influence on actions of persons driving the agencies have &#13;
been more from the Western context than on how they operate in Nigeria. This study was, &#13;
therefore, designed to examine the effects of CJAs such as crime control, due process, &#13;
rehabilitation, just deserts and power approach on legislation, principles and practice on the &#13;
actions and inactions of agents within Nigeria‘s CJS.&#13;
The study was premised on Sociological Jurisprudence and adopted a system-wide approach to &#13;
qualitative methodology. Primary data included the Nigerian Constitution 1999 (as amended), &#13;
Criminal Code, Penal Code, Administration of Criminal Justice Act (ACJA 2015), Child Rights &#13;
Act, International Bill of Human Rights, International Basic Principles and legislation from the &#13;
United Kingdom and United States of America. Secondary data included books, journal articles, &#13;
and international reports. Insights from secondary data were relevant and helped answer research &#13;
questions particularly in the context of the comparative analysis.&#13;
Criminal justice perspectives are reflected in legislation such as the ACJA 2015 which &#13;
recommends a restorative approach to criminal justice. The Child Rights Act recommends a &#13;
rehabilitative approach to juvenile justice, which should ideally affect the practice of agents of &#13;
the system. In contrast to the United Kingdom and United States of America, the actions and &#13;
inactions of agents of the system, particularly law enforcement in Nigeria appear random and do &#13;
not conform to criminal justice approaches reflected in policy and procedure. The actions of &#13;
agents of the criminal justice system play a crucial role in ensuring A2J particularly for PAT who &#13;
represent over 70% of the Nigerian prison population. The due process, non-intervention, &#13;
rehabilitation, bureaucratic, managing offender and restorative approaches work best to ensure &#13;
A2J for PAT. The actions of some agents of the CJS such as arbitrary arrest and detention, and &#13;
other acts of impunity do not conform to the recommended CJAs and deny A2J. The situation in &#13;
Nigeria is further compounded by weak policies, which do not provide a proper institutional &#13;
framework. In addition, the international framework on A2J is merely prescriptive and difficult &#13;
to enforce on state signatories. These factors, amongst others, have resulted in loss of confidence &#13;
in the system.&#13;
iii&#13;
An integrated approach to criminal justice which incorporates the crime control, due process, &#13;
non-intervention, rehabilitation, bureaucratic, managing offender and restorative approaches to &#13;
criminal justice is required for processing persons awaiting trial in Nigeria. The Nigerian &#13;
government needs to ensure constant assessment and reassessment of the criminal justice system &#13;
in the context of recognised criminal justice approaches and ensure that the actions of criminal &#13;
justice agents, normative and institutional frame work are harmonised to conform with &#13;
international provisions on access to justice for persons awaiting trial
</description>
<pubDate>Mon, 01 Jul 2019 00:00:00 GMT</pubDate>
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<dc:date>2019-07-01T00:00:00Z</dc:date>
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