Who Gets Compensation For Crimes In Nigeria; Victims Or Government?

Daily Law Tips (Tip 475) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

WHO GETS COMPENSATION FOR CRIMES IN NIGERIA; VICTIMS OR
GOVERNMENT?

Generally, a crime is an offence against a victim of crime, the
entire community (public) and the state (government). Government is
the big father of all, fighting for all and protecting all lives
and property. So, where there is a crime, government through
security agencies will investigate, if there is enough evidence to
prove crime, the government through the security agencies or the
Ministry of Justice will prosecute an offender. An offender is
prosecuted in court and a court can convict where offender is found
guilty or discharge and quit an offender, where an offender is
found not guilty. Where an offender is found guilty he must be
sentenced to serve the punishment due to his offence.

However, during a criminal proceedings or while delivering a
judgment, a court can order an offender to pay COMPENSATION (a sum
of money) to VICTIM of his crime. A VICTIM is a person injured by
the offence of an offender. He/she is the person that has suffered
from the crime of the offender. A victim may be a human person,
company, state, government agency, organisation or group among
others. Hence, while government performes its constitutional
duties, which includes the protection of lives and property, by
investigating and prosecuting offenders using pubic fund,
COMPENSATION goes to a VICTIM (person/persons that suffered from
the crime). In some cases, government may also be a Victim, it can
be a local government, state government, federal government or even
all, and as such they will be entitled to compensation. Government
does not get compensation for investigating and prosecuting
offenders unless such government is also a victim. It is also not
impossible to have a particular government prosecute an offender
while another government is the victim.

Note that, compensation can be paid where a person was arrested
or arrested and charged to court without sufficient evidence or
over a false/frivolous accusation.

My authorities are sections 319, 320, 321, 322, 323,324, 325,
326, 494 and 495 of the Administration of Criminal Justice Act,
2015.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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