Administration of justice crisis:
Human Rights have suffered severe crises due to issues and challenges affecting the administration of justice generally but criminal justice to be precise. Such challenges include but are not limited to the following factors:
Indigence: Most citizens cannot afford the cost of pursuing legal remedy in the event of violation of their rights. This has to do with the issue of unfettered access to justice as the cost of acquiring legal education is prohibitive and it costs even more to sustain the type of legal practice that will be effective. In total, the government has to do more than the present template to support access to justice. Interventionist organisations such as Legal Aid Council, Office of the Public Defender, Citizens Mediation Centre need robust legislation that will give validity to their efforts in addition to adequate funding.

Delays: There is the rising incidence of delays in judicial proceedings due to several factors such as overload of court dockets without adequate judicial manpower, absence of critical infrastructure, especially power supply, machines and equipment and shortage of manpower. This should be addressed holistically in order to achieve effectiveness in the administration of justice sector

Bail: The conditions for bail and release of citizens under trial are too stringent and they do not seem to recognise the provisions of the Constitution on presumption of innocence before trial. If bail is recognised as part of the enforcement of the right to personal liberty, there is no need to impose onerous conditions to admit a citizen on bail pending his trial.

Unlawful detention/prison congestion: Many of the detainees in the various correctional centres all over Nigeria have been awaiting trial for years and they are languishing in overcrowded facilities built since the colonial period. The reports suggest that over 70 per cent of prisoners are on remand. Reputable groups like Amnesty International highlight instances of prisoners being detained for decades without trial, in circumstances wherein they may be acquitted after trial.

Mass illiteracy: There is the problem of mass legal illiteracy as many people are not even aware of the existence of their Human Rights or are not able to fight for their rights. This has led to denial of rights, extortion and even death in severe cases. Organisations with a track record of human rights protection should take the campaign to the grassroots for the benefit of the masses which constitute the bulk of victims of human rights abuses.
 
Mass distrust: Due to lack of confidence in the justice system based on some of the discouraging factors, citizens now take the law into their own hands rather than pursuing justice. Individual activists seem to achieve speedy results through spirited campaigns in the social media than the regular courts. Sadly too, a good number of our citizens also troop to the security agencies to resolve their civil disputes instead of following the much-trumpeted due process of law.

State-actor interference: The state actors and even non-state actors are muzzling the citizens. A police officer raped a detainee/suspect to the point of coma, suspects are not safe in the custody of the state, the privacy of citizens are invaded recklessly by searching their phones and other valuables, status profiling of youths based on their physical appearances. There should be a written code for state actors and non-state actors to guide their interactions with the citizens in such a way that will guarantee and preserve the fundamental rights of all persons.
 
Security agencies crisis:
Closely-knit with the crises associated with administration of justice are the challenges induced by security agencies in Nigeria. Nigerian security agencies especially the police have literally become synonymous with impunity and brutality, which is rather unfortunate considering the fact that the law establishing these agencies requires them to preserve law and order. Some of these problems include:
 
Usurpation: It is not uncommon nowadays for the security agencies to usurp the jurisdiction of courts both in civil and criminal matters. Many of them defy the jurisdiction of courts by going ahead to violate the rights to the dignity of the human person, liberty; fair hearing etc through unlawful arrest and detention of litigants in respect of causes that have been submitted to the jurisdiction of the court. Besides, law enforcement agencies have formed the habit of violating the orders of court inordinately.
 
Criminalisation of civil disputes: Security agencies, as a matter of course, frequently arrest and detain citizens at the instigation of private citizens who are in a mission of vendetta against their perceived enemies. Law enforcement agencies make themselves willing collaborators in the hands of unscrupulous private individuals. As such, they put criminal connotation on otherwise civil causes. There are cases of forced evictions and use of police for land grabbing, marital disputes and unlawful execution of improperly obtained court orders.
 
Extra-judicial killings: There is the unfortunate harvest of extra judicial killings some of which are even engineered and/or sponsored by state actors. For instance, in respect of the EndSARS protest, it is now confirmed by an official of the Lagos State Government that people were hunted down and executed, confirming the report of the EndSARS Panel.

To be continued tomorrow.
Adegboruwa is a Senior Advocate of Nigeria (SAN).