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54 Comp. & Int'l L.J. S. Afr. 1 (2021)

handle is hein.journals/ciminsfri54 and id is 1 raw text is: Article

The Influence of Community Leaders on the
Criminal Justice System of Gender-based Violence
in West Africa: A Case Study of Nigeria and Ghana
Olanike S Adelakun
American University of Nigeria
nikegolden@yahoo.com
Abstract
Gender-based violence (GBV) continues to be a global phenomenon. Though
many African countries have taken legislative steps to criminalise various acts
that constitute GBV, the effectiveness of which has been challenged and
documented. Many victims/survivors seek informal communal justice that is
appropriate and acceptable in their specific communities. This article examines
community-based justice approaches in the criminal justice system of GBV
crimes in West Africa, specifically in Nigeria and Ghana. While Nigeria is a
purely patrilineal society, Ghana is a hybrid of both patrilineal and matrilineal
societies. The article examines the influence of matrilineal culture on
community justice regarding GBV crimes in Ghana. It examines the
effectiveness of these approaches in identifying and punishing offenders as well
as ensuring justice and closure for survivors as compared to formal justice in
the prosecution of GBV offenders and the protection of survivors. The
qualitative socio-legal method was adopted to conduct a desktop literature
review as well as to collect fresh data by way of interviews. It was found that
community-based justice is gaining popularity owing to several factors,
including the slow process of formal justice dispensation, corruption and high
rates of case attrition. Suggestions for reforms of the formal criminal justice
system to gain a balance with the community systems of criminal justice in
Nigeria and Ghana are made.
Keywords: Gender-based violence; Nigeria; Ghana; formal justice; community
criminal justice; community leaders
UNISA ~
Comparative and International Law Journal of Southern Africa  https://doi.org/10.25159/2522-3062/7482
https://upjournals.co.za/index.php/CILSA      ISSN 2522-3062 (Online), 0010-4051 (Print)
Volume 54 Number 1 20211 #7482 30 pages                        © Unisa Press 2021

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