1.0 Introduction
1.1 Background of the Study
The right to life is enshrined in the constitution of the federal republic of Nigeria. The 1999 constitution the Federal public of Nigeria in section 3(1) provides that, very person has a right to life and no one shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offense of which he has been found guilty; The implication is that regardless of status rich or poor, every citizen of the world is entitled to respect for his or her life and safety. Therefore, the intentional killing of human being is regarded abominable in all nations of the world. However, in recent time many parts of the country do not have regard to human life; they kill human beings at the very little provocation. Consequently, the recent communal conflict and wars in our society has also led to the rise of jungle justice in Nigeria. This trend has claimed the lives of many Nigerians including the innocent ones who were not given the right to fair hearing. It is therefore imperative that various stake holders in the implementation and enforcement of the law arise earnestly to their responsibility to checkmate and mitigate this unlawful act. Jungle justice is defined as a mob justice which is a kind of public extrajudicial killings prevalent in Nigeria and other African society. It is described as a condition in which a criminal is humiliated, beaten or summarily executed by a crowd or vigilantes ; Peter Tse Angwafo, p 119. The execution of jungle justice is an indication of the non-effectiveness of the judiciary system and law enforcement agencies. However, it is significant to understand that the position of the law on jungle justice is that any person caught to have killed out of provocation is liable. Therefore, apprehending someone in the very act does not justify the unlawful taking of one’s life. It is legally required that such persons be handed over to law enforcement agency for trial and conviction under the law.
Therefore, in Nigeria where the research was carried out, the activities that was conducted is to investigate the effect of jungle justice on the criminal justice system in Nigeria.
1.2 Statement of the Problem
The legality of the provision of the constitution for the right to life and safety of persons cannot be undermined. However, the increasing rate of criminality in the society and the continuous delay in the dispensation of criminal justice has led to wide provocation among the public to take laws into their hands. Jungle justice is inhuman and barbaric but the harmful effect of criminal elements on innocent citizen in recent time has led to the rise in the execution of jungle justice. Innocent citizen on daily basis are been subjected to criminal attack which has led to the loss of many lives and properties. It is essential that the reason against jungle justice be backed with an effective judiciary system and security system so as to enhance the security of lives and properties of innocent and law abiding citizens. The study seek to investigate the effect of jungle justice on the criminal justice system in Nigeria.
1.3 Aim and Objectives of the Study
The main aim of the study is to investigate the effect of jungle justice on the criminal justice system in Nigeria. In achieving this aim, the following specific objectives were set out as follows:
- To appraise the nature and causes of jungle justice.
- To determine the relevance of the criminal justice system.
- To determine the effect of jungle justice on the criminal justice system in Nigeria.
1.4 Research Questions
The following questions will be addressed to investigate the effect of jungle justice on the criminal justice system in Nigeria:
- Does jungle justice affect the criminal justice system in Nigeria?
- What is the nature and causes of jungle justice?
- What is the relevance of the criminal justice system?
- What is the effect of jungle justice on the criminal justice system in Nigeria?
1.5 Research Hypothesis
In order to pursue the objective of this study, the following generalized statements have been designed to guide and aids in obtaining the result for the experiment to be conducted. For this work, the null hypothesis will be represented with H0 while the alternative hypothesis will be represented with hypothesis H1.
H0: There is no significant effect of jungle justice on the criminal justice system in Nigeria.
H1: There is significant effect of jungle justice on the criminal justice system in Nigeria.
1.6 Significance of the Study
The increase of criminal activities and the harmful effect on innocent citizens call for a re-assessment of the effectiveness of the judiciary system in Nigeria. The study calls for more rigorous functions of security agencies and the effectiveness of the judiciary system as a panacea for the elimination of jungle justice in Nigeria.
Besides, the study will serve as reference material for subsequent researcher in the field or related topics.
1.7 Scope of the Study
The study focuses on the effect of jungle justice on the criminal justice system in Nigeria.
1.8 Limitation of the Study
During the course of this study, many things militated against its completion, some of which are:
- Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
- Establishment Policies: Establishment policies posed a serious limitation as most staffs are not ready to release information needed for this project work. There were lots of information needed from the staffs of this institution to enhance the study which took them time to release or they did not release at all for security purposes, hence the scope was reduced.
- Research material: availability of research material is a major setback to the scope of the study.
- Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
- Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet, questionnaire and interview).
1.9 Definition of Terms
- Criminal Justice System: These constitute a set of agencies and processes established by governments to eradicate crime and impose penalties on offenders of the law. This consist of five components which include law enforcement, prosecution, defense attorneys, courts, and corrections, each playing significant function in the criminal justice process.
- Human Right: Human rights are the rights indispensable to meaningful human existence which every person every have by virtue of being a human being. This includes civil, political, economic, social, cultural, group, solidarity and development rights.
- Legal Right: Legal human rights are those human rights that are guaranteed by positive law.
- Moral Right: Moral rights are claims which ought to be in the positive law
