A Jurisprudence for Operation of Crime Victims Compensation in Nigeria’s Criminal Justice System

Abstract

Crime victim compensation (CVC) is new and untested legal theory in Nigeria’s criminal justice system. This paper, in establishing the jurisprudence for its operation, examined theories of criminal punishment and brought out that while utilitarian and retributive basis are well established grounds for criminal punishment, crime victims’ compensation is the only theory of penology that considers crime victims’ interests, and is a late entrant to penology. The paper examined legislation from different Nigerian jurisdictions that deal with CVC, and established that provisions in the different legislations, though exuberant on intent, are deficient on the details of an effective and practical CVC programme. The paper established that another shortcoming of the CVC programmes is absence of clear procedure for operation of the programme. The paper concluded that notwithstanding these defects, a CVC programme is a commendable addition to our justice administration system, provided it is not permitted to replace apprehension and punishment of offenders as the primary purpose of our criminal law.