Legal Imperatives for Decongesting Correctional Centres in Nigeria: A Review of Recent Legislative Measures
- 1 Faculty of Law, Delta State University, Oleh Campus, Oleh, Nigeria
- 2 Faculty of Law, Delta State University, Oleh Campus, Oleh, Nigeria
Abstract
One of the major drawbacks in the Nigerian criminal justice system is the congestions in correctional centres. Custodial centres are not only the pivot on which the wheel of criminal justice revolves. They are also institutions which provide homes for a technical segment of the society and protection for the general public. Having regard to modern objectives of correctional services, it has become more paramount for custodial or correctional centres to indeed provide platform not only for housing inmates but more importantly as an opportunity to rehabilitate, remould and make lives of inmates more useful whether during custody or after their release. Unfortunately, these objectives are very difficult to realize in Nigeria as a result of several factors accounting for the congestion of Nigerian prisons. It was in the light of this that certain critical legislations were enacted i.e. the Administration of Criminal Justice Act (ACJA) 2015, the Police Act 2020, and the Nigerian Correctional Service Act, 2019 to deliberately arrest some of the major factors which are responsible for why custodial centres have always been overstretched beyond official capacity. Though the ACJA and others were overwhelmingly received with approval by all, it is observed that there is gross lack of will on the part of the government and other stakeholders in the criminal justice sector to fully adhere to and implement the provisions of the laws. The government is urged to increase efforts in empowering relevant and critical stakeholders like the police, the courts and the correctional centres in implementing the laudable objectives of the ACJA and other relevant legislations for a purposeful criminal justice delivery.
- Achara, R. A. C. E. (2005). Crime Control and Detection: An Appraisal of the Police Powers of Arrest, Interrogation and Detention under the Law. UNIZIK Law Journal, 5, 84.
- Administration of Criminal Justice Act (2015). Section 18(1).
- Administration of Criminal Justice Law (2017). Section 106(4).
- Ajibade, O. (2022). Reactions Trail Increasing Number of Youths in Correctional Centres. https://radionigeria.gov.ng/2022/08/15/reactions-trail-increasing-number-of-youths-in-correctional-centres
- Akhihiero, P. A. (2018). Arrest, Remand and Awaiting Trial Syndrome in Criminal Justice: Fixing the Jigsaw to End Prison Congestion. Being a Text of Paper Delivered at NBA Law Week 27 July 2018. https://edojudiciary.gov.ng/wp-content/uploads/2018/08/ARREST-REMAND-AND-AWAITING-TRIAL.pdf
- Al Faruque, A., & Bari, H. M. F. (2019). Arbitrary Arrest and Detention in Bangladesh. Australian Journal of Asian Law, 19, 315-325. https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3396356_code258113.pdf?abstractid=3396356&mirid=1
- Aoko v Fagbemi (1966) All NLR 400.
- Awopetu, R. C. (2014). An Assessment of Prison Overcrowding in Nigeria: Implications for Rehabilitation, Reformation and Reintegration of Inmates. IOSR Journal of Humanities and Social Science, 19, 21-16.
- Bode George v FRN (2011) 10 NWLR (Pt1254) 66.
- Chinedu, C. (2021, September 7). Prison Decongestion: Rivers Judiciary Releases 150 Inmates. Daily Post. https://dailypost.ng/2021/09/07/prison-decongestion-rivers-judiciary-releases-150-inmates
- Chukwu, A. O. (2014). Decongesting Prisons in Nigeria: The EBSU Law Clinic Model. International Journal of Clinical Education, 20, 553. https://doi.org/10.19164/ijcle.v20i2.21
- Constitution of the Federal Republic of Nigeria 1999 (as amended).
- Criminal Procedure Act Cap C 41 Laws of the Federation of Nigeria (LFN) 2004 (Now Repealed by Section 493 of the ACJA 2015).
- Criminal Release from Custody (Special Provisions) Act (2004). Section 1(1).
- Depthi, B. (2013). Judicial Analysis of the Constitutional and Procedural Safeguards against Arbitrary Arrest and Detention. Christ University Law Journal, 2, 39. https://doi.org/10.12728/culj.3.2
- Editorial (2020). Geometric Rise in Crime: Clamping Down on Hard-Drugs Proliferation to Mitigate Risks. NewsDirect. https://nigeriannewsdirect.com/geometric-rise-in-crime-clamping-down-on-hard-drugs-proliferation-to-mitigate-risks