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VOL. 11, ISSUE 10 (2025)
Procedural gaps in the application of Restorative Justice under the Delta State of Nigeria Administration of Criminal Justice Law 2022
Authors
Ngozi Victor Osuzoka
Abstract
The dominance of Retributive Justice in Nigeria’s Criminal Justice
System has failed to substantially reduce crime particularly in Delta State.
where incarceration remains the primary response to offending. The enactment of
the Administration of Criminal Justice Law (ACJL) 2022 sought to modernize
Criminal Procedure and Integrate Restorative Justice as a complementary
approach. This paper critically examines the Procedural Gaps undermining the
effective application of Restorative Justice under the ACJL 2022. Employing a
doctrinal research method, the study finds that while the Law acknowledges
Restorative Justice as an alternative mechanism for Repairing harm and
reconciling offenders with the Victims and the Community, its provisions are
insufficiently developed for practical Implementation. Key challenges include
the absence of clear procedural guidelines for appointing and regulating
mediators, weak enforcement mechanisms for Restorative agreements, lack of a
step by step framework for Courts to the limited scope of application,
particularly its exclusion in cases involving violent crimes. These
shortcomings risk rendering Restorative Justice Marginal within the Criminal
Justice System, thereby perpetuating reliance on Retribution. The paper
concludes that meaningful integration requires legislative amendments to expand
applicability, procedural rules to strengthen enforcement, and the
establishment of specialized Restorative Justice Centers to build institutional
capacity and ensure consistency. Such Reforms would enhance victim
satisfaction, reduce recidivism and promote a more balanced humane and
effective Justice System in Delta State.
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Pages:89-92
How to cite this article:
Ngozi Victor Osuzoka "Procedural gaps in the application of Restorative Justice under the Delta State of Nigeria Administration of Criminal Justice Law 2022". International Journal of Law, Vol 11, Issue 10, 2025, Pages 89-92
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