WOMEN: VICTIMS AND AGENTS OF THE CRIMINAL JUSTICE SYSTEM

TOPIC OF THE DAY

- VICTIMISATION OF WOMEN

- FORMS OF VICTIMISATION

- ARREST AND INVESTIGATION PROCESS

- ARREST PROCESS

- INVESTIGATON PROCESS

Victimisation of Women

Victimisation of women refers to the various ways women are subjected to discrimination, abuse, and violence. This can include physical, sexual, emotional, and psychological abuse. In Nigeria, women face various forms of victimisation due to deeply rooted cultural norms, gender stereotypes, and systemic inequalities. See section 1 of the The Violence Against Persons (Prohibition) Act (VAPP), 2015 which prohibits all forms of violence against persons in private and public life and provides maximum protection and effective remedies for victims and section 19 which specifically addresses female genital mutilation, making it a punishable offence, section 357 and 358 of the Criminal Code Act which deals with the offence of rape, prescribing life imprisonment for the perpetrator, section 282 of the Penal Code Act that defines and prescribes punishment for rape and the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 which addresses human trafficking, providing measures to prevent and combat trafficking in persons. See also the case of Amina Lawal Case (2002) where Amina Lawal was sentenced to death by stoning for adultery in Katsina State. The case drew international attention and highlighted the plight of women under Sharia law. The sentence was eventually overturned on appeal, the case of Uzoma Okoye v. The State (2017) where the defendant was convicted of rape and sentenced to life imprisonment under the provisions of the Criminal Code and the case of Prosecutor v. Mariam Abubakar (2018) where Mariam was convicted for her involvement in trafficking young girls for sexual exploitation under the Trafficking in Persons Act.

Forms of Victimisation

1. Domestic Violence: Women often suffer abuse from their intimate partners. This can involve physical assault, emotional manipulation, and economic control.

2. Sexual Violence: This includes rape, sexual harassment, and other forms of sexual assault.

3. Human Trafficking: Women and girls are trafficked for the purposes of forced labour, sexual exploitation, and other forms of abuse.

4. Cultural Practices: Harmful traditional practices such as female genital mutilation (FGM) and early or forced marriages also contribute to the victimisation of women.

Arrest and Investigation Process

The arrest and investigation process in Nigeria is governed by various legal provisions designed to ensure justice and protect the rights of individuals. The process typically involves several stages, from the arrest of a suspect to the investigation and eventual prosecution. See the Constitution of the Federal Republic of Nigeria, 1999 which provides under section 35 the right to personal liberty and section 36 the right to fair hearing and the Administration of Criminal Justice Act (ACJA), 2015 which provides under section 4 that an arrest should be made with or without a warrant, depending on the circumstances, section 6 provides the details the rights of an arrested person, including the right to remain silent and the right to legal representation and section 29 which outlines the procedures for conducting a search and seizure. See the case of Ezekiel v. The State (2008) where the court highlighted the importance of following due process in arrest and investigation. The Supreme Court overturned a conviction due to procedural irregularities during the arrest and interrogation and the case of Onyejekwe v. The State (2020) where the court emphasized the necessity of protecting the rights of suspects during the investigation process, particularly regarding the admissibility of confessions obtained under duress.

Arrest Process

1. Arrest with a Warrant: A warrant of arrest is issued by a magistrate or judge, authorizing the police to apprehend the suspect.

2. Arrest without a Warrant: Police can arrest a suspect without a warrant if the crime is being committed in their presence, or if there is reasonable suspicion that the person has committed a crime.

3. The right to be informed of the reasons for the arrest.

4. The right to remain silent.

5. The right to legal representation.

6. The right to be brought before a court within a reasonable time, typically within 24 to 48 hours.

Investigation Process

1. Preliminary Investigation: The police gather initial information and evidence related to the crime. This may include interviewing witnesses, collecting physical evidence, and examining the crime scene.

2. Detention and Interrogation: Suspects may be detained for interrogation, but their rights must be respected. Torture and inhumane treatment are prohibited.

3. Bail: Depending on the nature of the offence, the suspect may be granted bail. The ACJA provides guidelines for granting bail to ensure it is not used as a punitive measure.

4. Forensic Analysis: In complex cases, forensic experts may be involved to analyze evidence such as DNA, fingerprints, and other physical traces.

5. Case File Preparation: Once the investigation is complete, the police compile a case file, which is then reviewed by the Directorate of Public Prosecutions (DPP) to determine if there is sufficient evidence to proceed to trial.