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CHALLENGES OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN HANDLING RAPE CASES IN AKWA IBOM STATE.
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Rape constitutes one of the most egregious violations of human dignity and bodily autonomy, recognized as a serious criminal offence under Nigerian law and international human rights frameworks. The Criminal Code Act (Cap. C38, Laws of the Federation of Nigeria 2004), the Violence Against Persons (Prohibition) Act 2015 (VAPP), and the Child Rights Act 2003 collectively criminalize rape and prescribe stringent penalties, including life imprisonment under specific circumstances. Despite this comprehensive legal framework, the administration of criminal justice in rape cases across Nigerian states, including Akwa Ibom State, remains hindered by systemic institutional deficiencies, cultural barriers, and entrenched gender biases that collectively impede accountability and obstruct survivors’ access to justice (Nwosu & Omomia, 2016; Adeyemi, 2014).
Akwa Ibom State, situated in Nigeria’s South-South geopolitical zone, is characterized by a predominantly Ibibio, Annang, and Oron cultural context, where social norms concerning sexuality, gender roles, and familial honor have historically influenced responses to sexual violence. As observed in numerous sub-Saharan African contexts, rape in Akwa Ibom State is often treated as a private familial issue, a source of communal disgrace resolved through customary mediation rather than formal legal prosecution (Jewkes et al., 2014; UN Women, 2013). This cultural inclination toward privatizing sexual violence has measurable repercussions for the criminal justice system: a substantial proportion of rape cases never enter the formal legal process, and those that do frequently encounter evidentiary, procedural, and attitudinal obstacles leading to acquittals, case withdrawals, or non-prosecution (Eze-Anaba, 2006).
Recent years have witnessed significant legislative reforms in Nigeria’s criminal justice administration. The Administration of Criminal Justice Act 2015 (ACJA) marked a pivotal effort to modernize criminal procedures, reduce delays, safeguard victims’ rights, and enhance prosecutorial efficiency. Akwa Ibom State subsequently enacted its Administration of Criminal Justice Law, aligning local procedures with federal standards. However, scholars and practitioners highlight a persistent disconnect between legislative intent and practical implementation, particularly in cases of sexual violence (Okonkwo, 2020; Olusegun, 2018). Persistent challenges include inadequate forensic infrastructure, insufficient training for law enforcement in trauma-informed investigative techniques, judicial delays, witness intimidation, and the secondary victimization of survivors within the judicial process, all of which undermine effective rape prosecution (Human Rights Watch, 2014).
Globally, rape remains one of the most underreported, under-prosecuted, and under-convicted violent crimes. Campbell et al. (2009) documented the phenomenon of “secondary rape,” wherein survivors endure additional psychological trauma through insensitive police interactions, invasive medical examinations, cross-examinations on sexual history, and protracted court proceedings. In Nigeria, Adeyemi (2014) found that fewer than 10% of reported rape cases result in successful prosecution, reflecting systemic failures spanning from initial reporting to conviction. In Akwa Ibom State, this attrition rate is exacerbated by limited access to Sexual Assault Referral Centres (SARCs), poor coordination among law enforcement, medical, and judicial stakeholders, and significant economic barriers faced by rural survivors seeking justice.
The COVID-19 pandemic exacerbated preexisting vulnerabilities in justice administration for sexual violence survivors. Lockdowns and movement restrictions coincided with documented increases in gender-based violence across Nigeria while simultaneously restricting access to police stations, courts, and support services (Osinuga et al., 2021). In Akwa Ibom State, civil society organizations reported a surge in rape cases during this period, with local referral networks overwhelmed and formal justice pathways rendered inaccessible for many survivors (FIDA Nigeria, 2020). This crisis underscored the fragility of existing institutional structures and emphasized the urgent need to address systemic challenges in criminal justice administration.
Against this backdrop, this study systematically examines the challenges hindering the administration of criminal justice in rape cases in Akwa Ibom State. By analyzing institutional, legal, cultural, and infrastructural dimensions, the study aims to generate evidence to inform targeted state-level reforms, contributing to broader national and continental efforts to enhance justice accessibility for sexual violence survivors.
1.2 Statement of the Problem
Despite comprehensive legal provisions under the VAPP 2015, the Administration of Criminal Justice Act 2015, and the Akwa Ibom State Administration of Criminal Justice Law, rape case prosecution in the state remains hindered by systemic inefficiencies. These include high attrition rates, persistent delays, and insufficient survivor support structures. Civil society monitoring data reveals that a substantial proportion of reported rape cases in Akwa Ibom State fail to reach conviction, with attrition occurring at multiple procedural stages from initial reporting through investigation, charging, and trial (Eze-Anaba, 2006; Human Rights Watch, 2014). The underlying institutional, attitudinal, evidentiary, and cultural factors contributing to this pattern within the Akwa Ibom context have not been thoroughly examined through empirical research. Consequently, policymakers and practitioners lack locally relevant evidence to inform effective reforms. This study seeks to fill that critical gap in knowledge.
1.3 Research Questions
The study is guided by the following research questions:
i. What are the institutional and structural challenges confronting law enforcement agencies in investigating rape cases in Akwa Ibom State?
ii. What are the prosecutorial challenges experienced by legal practitioners in handling rape cases in the state’s criminal courts?
iii. To what extent do cultural attitudes and gender bias within criminal justice institutions affect the handling of rape cases in Akwa Ibom State?
iv. What role does the absence of adequate forensic infrastructure play in producing poor prosecution outcomes in rape cases?
v. What reforms are required at the institutional and legislative levels to improve justice outcomes for rape survivors in Akwa Ibom State?
1.4 Objectives of the Study
The primary objective of this study is to examine the multidimensional challenges confronting the administration of criminal justice in handling rape cases in Akwa Ibom State. Specifically, the study seeks to:
i. Identify and analyse the institutional and structural barriers impeding effective police investigation of rape cases in Akwa Ibom State.
ii. Examine the prosecutorial challenges encountered in bringing rape cases to trial and securing convictions.
iii. Assess the influence of cultural norms, gender bias, and secondary victimisation on justice outcomes for rape survivors.
iv. Evaluate the impact of forensic and medical evidence infrastructure gaps on prosecution effectiveness.
v. Recommend evidence-based institutional and legislative reforms to improve criminal justice administration in rape cases in Akwa Ibom State.
1.5 Significance of the Study
This study holds significance across multiple dimensions. Theoretically, it advances feminist criminological and institutional theory frameworks through a locally grounded analysis of institutionalized gender bias within a Nigerian state criminal justice system. Empirically, it addresses a critical gap in the literature concerning criminal justice responses to sexual violence in Nigeria’s South South geopolitical zone, where context specific research remains disproportionately scarce given the magnitude of the issue.
From a practical standpoint, the research findings will provide the Akwa Ibom State Ministry of Justice, Nigeria Police Force Gender Unit, state judiciary, and civil society organizations with empirically grounded recommendations to reform investigative procedures, prosecutorial strategies, and survivor support mechanisms. Additionally, the study will inform state level implementation of the Violence Against Persons Prohibition (VAPP) Act 2015, thereby supporting advocacy efforts for effective domestication of national legislation.
1.6 Scope of the Study
The study is geographically confined to Akwa Ibom State and temporally focused on the period spanning 2015 (when the VAPP Act and Administration of Criminal Justice Act were enacted) to 2024. Its substantive scope examines the functions of law enforcement agencies (particularly the Nigeria Police Force), the Akwa Ibom State Director of Public Prosecutions, the state judiciary, and medical forensic institutions within the criminal justice process for rape cases.
The research is explicitly limited to rape as defined under Section 357 of the VAPP Act 2015 and does not extend to other categories of sexual offenses. Furthermore, the study excludes federal level prosecution institutions from its purview.
1.7 Definition of Key Terms
Rape: Rape is defined as the intentional penetration of another person’s vagina, anus, or mouth with any part of the body or any object without consent, as provided in Section 1 of the Violence Against Persons (Prohibition) Act 2015.
Administration of Criminal Justice: The totality of institutional processes through which criminal cases are investigated, charged, prosecuted, adjudicated, and sentenced, encompassing law enforcement, prosecution, and the judiciary.
Case Attrition: The process by which criminal cases drop out of the formal justice system at successive stages from initial reporting to conviction resulting in a smaller proportion of reported offences resulting in conviction than the number reported.
Secondary Victimisation: The additional psychological harm suffered by a crime survivor as a result of insensitive, dismissive, or blaming responses from criminal justice actors, medical personnel, family members, or the community.
Sexual Assault Referral Centre (SARC): A specialist facility providing integrated forensic, medical, and psychosocial support to survivors of sexual violence, typically co-located with or linked to health facilities.
References
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Eze-Anaba, I. (2006). Domestic violence and legal reforms in Nigeria: Prospects and challenges. Cardozo Journal of Law & Gender, 13(1), 1–30.
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Okonkwo, R. (2020). The Administration of Criminal Justice Act 2015 and the protection of rape survivors in Nigeria. Journal of Law, Policy and Globalisation, 93, 1–12. https://doi.org/10.7176/JLPG/93-01
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