Nigeria’s Criminal Justice System: Legal Gaps, Human Rights Concerns, and Comparative Lessons for Reform

Authors

  • Emeke Nelson Chegwe Department of Public Law, University of Delta, Agbor, Delta State, Nigeria
  • Philip Jenigho Esavwede Delta State University, Abraka, Nigeria

DOI:

https://doi.org/10.12728/culj.26.1

Keywords:

Burden of proof, Insanity defense, Mental health, Prison condition, The Nigerian Correctional Service Act, 2022

Abstract

Nigeria’s criminal justice system lacks adequate mental health provisions, leading to human rights violations and worsening psychiatric conditions among offenders. This study examines Nigeria’s compliance with international standards, particularly the Mandela Rules, using a descriptive research design. Based on the 2018 prison Audit Report, it examines mental health services, jail regulations, and legal protections. Structured oversight with respect to South Africa, the United States, and Canada has been highlighted through a comparative analysis. South Africa guarantees judicial oversight, whereas Canada’s NCRMD structure ensures rehabilitation. States in the US differ in how they balance treatment and incarceration. Nigeria, in contrast to South Africa and Canada, lacks formal evaluations and reintegration programs and instead depends on administrative discretion. This paper argues for a human rights-based strategy, including legislative safeguards, frequent psychiatric examinations, and rehabilitation programs. The protection of mentally ill offenders, public safety, and justice can all be enhanced by putting these ideas into practice. Nigeria's mental health legislation will advance if it conforms to international best practices.

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Published

2025-06-24

How to Cite

Emeke Nelson Chegwe, & Esavwede, P. J. (2025). Nigeria’s Criminal Justice System: Legal Gaps, Human Rights Concerns, and Comparative Lessons for Reform. Christ University Law Journal, 14(1), 1 - 41. https://doi.org/10.12728/culj.26.1