VICTIMS OF CRIME

TOPIC OF THE DAY

- CRIME AND PUNISHMENT

- DEFINITION OF VICTIMS

- CRIME VICTIMS

- VICTIMS REMEDY

Crime and Punishment

A crime is an act or omission that constitutes an offense punishable by law. Crimes are categorized into felonies, misdemeanors, and simple offenses, with varying degrees of severity and punishment. Felonies are the most serious, often resulting in severe penalties, including lengthy imprisonment or death while punishment is the legal process of imposing a penalty on someone found guilty of a crime. It serves various purposes, including retribution, deterrence, rehabilitation, and protection of society. In Nigeria, punishments range from fines and community service to imprisonment and the death penalty. See section 319 of the Criminal Code Act which addresses punishment for murder, stipulating that any person convicted of murder shall be sentenced to death and section 221 of the Penal Code Act. See the case of Kalu v. The State (1998) where the Supreme Court upheld the death penalty for murder, reaffirming the application of Section 319 and also the case of Ahmed v. The State (2011).

Definition of Victims

A victim in the context of crime refers to any person who suffers harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that violate criminal laws. The definition extends to immediate family members or dependents of the direct victim and persons who have suffered harm in intervening to assist victims or prevent victimization. See section 2 of the Administration of Criminal Justice Act (ACJA) 2015 which defines a victim as "any person against whom an offense has been committed or who has suffered physical, emotional, or pecuniary harm as a result of the commission of an offense." See also the case of Okoye v. The State (2016) where the court highlighted the recognition of emotional and psychological harm suffered by victims of crime under the ACJA.

Crime Victims

Crime victims are individuals or entities directly harmed by criminal activities. Their rights and treatment have garnered increased attention, emphasizing the need for justice systems to address victims' needs comprehensively. The Nigerian legal system acknowledges the significance of victim protection and support through various statutory provisions. See the Victims of Crime Act 2015 which establishes provisions for the support and compensation of crime victims, ensuring they receive necessary assistance and the case of Nwadike v. The State (2018) where the court underscored the importance of compensation and support for crime victims, referencing the Victims of Crime Act. See also Section 311 of the Administration of Criminal Justice Act (ACJA) 2015 which mandates that victims of crime should be informed of their rights, including the right to participate in criminal proceedings and the case of Ibekwe v. The State (2017) where the court emphasized the need for victim participation in the criminal justice process, referencing Section 311 of the ACJA.

Victims' Remedy

Victims' remedies refer to the legal recourse and support available to crime victims. These remedies aim to provide compensation, restitution, and rehabilitation to address the harm suffered. Nigerian law provides various mechanisms to ensure victims' rights and remedies are upheld. The Fundamental Rights (Enforcement Procedure) Rules 2009 provides a framework for enforcing victims' rights, including the right to compensation for violations of fundamental rights. See the case of Eze v. The State (2014) where the court awarded damages to the victim for the violation of their fundamental rights, using the Fundamental Rights (Enforcement Procedure) Rules. See also section 342 of the Criminal Code Act which allows for the restitution of stolen property to the rightful owner and the case of Okonkwo v. The State (2013) where the court ordered the restitution of stolen property to the victim, emphasizing the application of Section 342 and then section 321 of the Administration of Criminal Justice Act (ACJA) 2015 which provides for the compensation of victims by offenders as part of sentencing and the case of Abubakar v. The State (2019) where the court awarded compensation to the victim, applying Section 321 of the ACJA.