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CRIMINALIZATION OF POVERTY AND THE SELECTIVE ADMINISTRATION OF JUSTICE IN NIGERIA

Abstract

This study critically examines the criminalization of poverty and the selective administration of justice in Nigeria, highlighting the disparity in how the justice system treats the poor and the wealthy. Drawing on qualitative data from legal texts, case studies, interviews, and media reports, this research explores how socio-economic factors influence criminal behavior and shape the application of justice. The findings reveal that economically disadvantaged individuals often face harsh punishments for minor offenses, while elite criminals—politicians, business leaders, and government officials—escape accountability through corruption and legal manipulation. This unequal treatment perpetuates systemic injustice, undermines public trust in the justice system, and contributes to the increasing crime rate as impoverished individuals turn to illegal activities for survival. The study further demonstrates how the criminalization of poverty deepens social exclusion, with individuals labeled as criminals often denied rehabilitation opportunities, thereby increasing their likelihood of reoffending. The research also highlights the failure of Nigeria’s justice system to address the root causes of crime, such as poverty, unemployment, and lack of access to quality education. Additionally, this study emphasizes the urgent need for reforms aimed at ensuring equitable justice for all, regardless of socio-economic status. Recommendations include enhancing legal representation for the poor, improving transparency and accountability in legal processes, and implementing policies that address the socio-economic drivers of crime. By promoting a more just and inclusive legal framework, Nigeria can better ensure fairness and social stability. This research contributes to the broader discourse on crime, poverty, and justice, offering insights that are crucial for developing effective policies aimed at reducing socio-economic disparities and promoting true justice in Nigeria.

 

CHAPTER ONE

INTRODUCTION

• Background of the Study

Crime is a reality that affects the daily lives of Nigerians, from petty theft in marketplaces to organized fraud and violent crimes. At the heart of addressing crime is the concept of criminal responsibility, which determines when an individual can be held accountable for their actions under the law. Jurisprudence, the philosophy of law, provides the foundation for understanding how responsibility is assigned in criminal cases.[1] In Nigeria, where legal traditions are shaped by a mix of common law, customary law, and Sharia law in some regions, the interpretation of criminal responsibility is complex. This complexity raises important questions about fairness, justice, and the factors that influence criminal behavior.[2]

Beyond legal principles, crime does not occur in a vacuum—it is deeply connected to socio-economic realities. Poverty, unemployment, lack of education, and social inequality contribute significantly to criminal activities. A struggling economy forces many Nigerians into desperate situations where crime appears to be a means of survival. For instance, in cities like Lagos and Port Harcourt, the rise in cybercrime, popularly called Yahoo Yahoo, reflects how some youths turn to illegal activities due to limited opportunities. Understanding these socio-economic drivers is crucial to designing policies that do not just punish offenders but also address the root causes of crime.

Another pressing issue is the selective application of criminal responsibility in Nigeria. While the law theoretically applies to all, in practice, the rich and powerful often escape punishment while the poor face the full weight of the justice system. Cases of corruption involving politicians frequently end in prolonged trials with no real consequences, whereas petty criminals receive harsh sentences. This double standard fuels public distrust in the legal system and creates an environment where crime thrives, as many believe that justice is for sale to the highest bidder. A critical examination of criminal responsibility must therefore consider not only legal theory but also the realities of law enforcement and judicial processes in Nigeria.[3]

Moreover, cultural and religious beliefs play a role in shaping attitudes toward crime and justice. In some communities, traditional and religious leaders serve as the first point of dispute resolution, sometimes bypassing the formal legal system. While these alternative justice systems can provide swift resolution, they may also reinforce biases, especially against vulnerable groups such as women and the poor. As Nigeria continues to evolve, it is important to find a balance between legal traditions and the need for a justice system that is both fair and accessible to all citizens.[4]

This study seeks to explore the intersection between criminal responsibility and socio-economic factors in Nigeria. By examining legal principles alongside the lived realities of Nigerians, it aims to contribute to discussions on justice reform, crime prevention, and the role of governance in shaping a safer society. Addressing crime requires more than just laws—it demands a holistic approach that considers economic policies, social welfare, and the accountability of legal institutions. Through this research, a deeper understanding of how legal and socio-economic factors interact can help create a fairer and more effective criminal justice system.[5]

1.2 Statement of the Research Problem

Crime in Nigeria is not just a legal issue; it is a reflection of deep-seated socio-economic challenges that millions of people face daily. While the law establishes clear guidelines on criminal responsibility, the reality is far more complex. Many Nigerians, particularly those from disadvantaged backgrounds, find themselves entangled in the criminal justice system not just because they choose to break the law, but because of circumstances beyond their control—poverty, lack of education, unemployment, and systemic inequality.[6] At the same time, the application of criminal responsibility appears selective, where the wealthy and politically connected evade justice while the poor face severe consequences. This raises a critical question: to what extent does the legal framework on criminal responsibility take into account the socio-economic realities of Nigerians?

Beyond legal definitions and court procedures, there is a growing concern that the justice system does not effectively address the root causes of crime. If socio-economic conditions push individuals toward illegal activities, should criminal responsibility be solely punitive, or should it also account for the role of the state in creating an environment where crime flourishes? The current approach to crime and punishment in Nigeria often overlooks these structural issues, leading to a cycle of crime, punishment, and reoffending. [7]This research seeks to critically examine how jurisprudence defines criminal responsibility in Nigeria and whether it adequately considers socio-economic determinants of crime. By doing so, it aims to contribute to a more balanced and just legal system—one that does not only punish but also understands and addresses the factors that drive criminal behavior.

 

1.3    Research Questions

1. In Nigeria, who is truly held responsible for crimes, and how does the law decide this?
2. Why do so many Nigerians, especially those struggling with poverty and unemployment, turn to crime?
3. When someone commits a crime out of economic hardship, does the justice system consider their circumstances, or is it purely about punishment?
4. Why do wealthy and powerful individuals often escape justice, while the poor face harsh sentences for minor offenses?
5. What changes can be made to the legal system to ensure that justice is fair, considers economic realities, and reduces crime in the long run?

1.4    Research Objectives

1. To understand how Nigeria’s legal system determines who is responsible for a crime and why.
2. To explore the everyday struggles—poverty, unemployment, and inequality—that push people into crime.
3. To examine whether the justice system considers a person’s economic situation when deciding on punishment or if it focuses only on the crime itself.
4. To uncover why wealthy and influential individuals often evade justice while ordinary Nigerians face harsh penalties.
5. To propose legal and policy changes that can create a justice system that is fair, considers socio-economic realities, and helps prevent crime rather than just punishing offenders.

1.5   Research Methodology

This research adopts a qualitative approach to explore how Nigerian jurisprudence defines criminal responsibility and how socio-economic factors contribute to crime. Given the complexity of the topic, a combination of legal analysis, case studies, and interviews will be used to gain a deeper understanding of the issue. Legal texts, including the Nigerian Constitution, Penal Code, and relevant case laws, will be examined to understand how criminal responsibility is interpreted and applied. Additionally, reports from human rights organizations, government agencies, and academic publications will provide insight into how the justice system operates in practice.

To capture the human side of the issue, this study will include case studies of individuals affected by the justice system, particularly those from economically disadvantaged backgrounds. Interviews with legal experts, law enforcement officers, and social workers will help shed light on whether the law considers socio-economic realities when assigning criminal responsibility. Furthermore, media reports and real-life examples will be analyzed to understand patterns of selective justice, where powerful individuals often escape accountability while the poor face severe consequences.[8] By combining legal analysis with real-world experiences, this research aims to provide a well-rounded perspective on the challenges of criminal responsibility and socio-economic determinants of crime in Nigeria.

 

1.6. Significance of the Study

This study is important because crime affects everyone in Nigeria, whether directly or indirectly. Understanding the link between criminal responsibility and socio-economic factors can help shed light on why many Nigerians, especially those struggling with poverty and unemployment, end up in conflict with the law. By examining how the justice system assigns responsibility, this research can contribute to a fairer legal system—one that does not just punish but also considers the realities that push people into crime.

Furthermore, this study is significant for policymakers, legal practitioners, and human rights organizations. It highlights the gaps in Nigeria’s criminal justice system, particularly the selective application of justice, where the rich and powerful often escape punishment while the poor bear the full weight of the law. By exposing these inequalities, the research can inform policy reforms that promote fairness and equal access to justice.

For society at large, this research encourages a conversation about crime that goes beyond punishment. Instead of simply labeling individuals as criminals, it challenges us to ask deeper questions: What social and economic conditions make crime a survival strategy for some? How can we create opportunities that reduce crime rather than just increasing prison sentences? By addressing these issues, this study aims to contribute to a Nigeria where justice is truly for all, not just for a privileged few.

1.7  Scope of the Study

This study focuses on understanding how criminal responsibility is defined and applied in Nigeria, particularly in relation to the socio-economic conditions that influence crime. It will examine Nigeria’s legal framework, including the Constitution, Penal Code, and relevant case laws, to understand how the justice system determines who is held accountable for crimes. The study will also explore the realities of crime in Nigeria, looking at the role of poverty, unemployment, and social inequality in shaping criminal behavior.

Geographically, the study will consider crime and justice trends across different regions of Nigeria, acknowledging variations in legal practices influenced by common law, customary law, and Sharia law in certain areas. It will also focus on real-life cases and reports that highlight how justice is applied differently based on a person’s economic status. While the primary focus is on Nigeria, references will be made to international best practices to suggest possible reforms.

This research will be limited to qualitative analysis, drawing from legal documents, case studies, interviews, and media reports rather than statistical crime data. The aim is not just to present numbers but to humanize the discussion—giving a voice to those affected by the justice system and highlighting the need for reforms that address both legal and socio-economic challenges.

1.8.  Limitations of the Study

One major limitation of this study is the challenge of accessing reliable and up-to-date data on crime and the justice system in Nigeria. Many government reports and legal case records are not easily available to the public, making it difficult to get comprehensive information on how criminal responsibility is applied in practice. This means that much of the research will rely on secondary sources such as news reports, human rights organizations, and legal analyses, which may not always capture the full picture.

Another limitation is the reluctance of some key stakeholders—such as legal practitioners, law enforcement officers, and ex-convicts—to openly discuss the justice system. Many individuals fear repercussions or simply do not trust researchers enough to share honest insights. This could affect the depth of firsthand information available for the study.

Additionally, given Nigeria’s vast and diverse legal system, this research may not fully capture the unique ways in which different regions interpret and enforce criminal responsibility. While the study aims to consider the influence of common law, customary law, and Sharia law, the variations across states and localities mean that some perspectives may be underrepresented. Despite these limitations, the study will aim to provide a balanced and insightful discussion on the relationship between criminal responsibility and socio-economic factors in Nigeria.

 

1.9. Structure of the Study

This research is divided into five chapters, each building on the other to provide a clear and in-depth understanding of criminal responsibility and the socio-economic factors that influence crime in Nigeria.

Chapter One: Introduction

This chapter sets the stage for the study by explaining the background of the topic, the research problem, objectives, research questions, and significance of the study. It also outlines the scope and limitations of the research, providing a foundation for what the study seeks to achieve.

Chapter Two: Literature Review

Here, existing studies, legal theories, and scholarly discussions on criminal responsibility and socio-economic determinants of crime are explored. The chapter looks at how Nigerian and international legal frameworks define criminal responsibility and examines past research on the link between crime and socio-economic conditions. This review helps to identify gaps in existing knowledge that this study aims to fill.

Chapter Three: Research Methodology

This chapter explains the approach used in conducting the study. It discusses the research design, data sources, and methods of data collection and analysis. Given the human-centered nature of this study, a qualitative approach is used, drawing from legal texts, case studies, interviews, and media reports to provide real-life perspectives on crime and justice in Nigeria.

Chapter Four: Data Presentation and Analysis

In this chapter, findings from legal documents, case studies, and interviews are presented and analyzed. Real-life cases and examples are used to illustrate how criminal responsibility is assigned in Nigeria and how socio-economic factors influence criminal behavior. Patterns of selective justice—where the poor face harsher punishments than the wealthy—are also discussed.

Chapter Five: Summary, Conclusion, and Recommendations

This final chapter brings together all the key findings of the study. It summarizes the major insights, draws conclusions on the relationship between criminal responsibility and socio-economic determinants of crime, and provides recommendations for legal and policy reforms. The goal is to suggest practical ways to create a justice system in Nigeria that is fair, effective, and responsive to the realities of its people.