Over the years, there has been routine lamentation about prison congestion nationwide, amid futile remedial measures by successive administrations. But the adoption and full implementation of community service sentences and restorative justice could be the magic wand to fix this oddity, YETUNDE AYOBAMI OJO reports.

That the greater population of inmates in correctional centres across the country are those awaiting trial, is not debatable. This, therefore, means that convicts, who are serving prison terms are in the minority. The issue of prison congestion being caused by pretrial detainees has endured for years with all attempts to fix this anomaly being unsuccessful.

However, the reason for this seemingly intractable challenge is not far-fetched-  it is a product of the dysfunctional criminal justice system that has rebuffed every attempt to holistically embrace alternative punishment for misdemeanors.

Among others, unprofessionalism on the part of security agencies; undue delays in the adjudicatory process; the penchant for custodial sentencing, and unethical practices among numerous others are largely responsible for the huge number of awaiting trial inmates and remand persons in the prisons.

Ironically, the Nigeria Correctional Service (NCoS) Act 2019, provides for the non-custodial service. Under Part 2 of its enabling Act, it is imbued with the power to make regulations and guidelines for parole, probation, community service, restorative justice measures, and any other non-custodial measure assigned to the NCoS by a court of competent jurisdiction. Since the enactment of the Act, the impact has not been felt as the congestion of correctional facilities has continued unabated.

Similarly, sections 460 to 466 of the Administration of Criminal Justice Act (ACJA) deal with community service as an alternative to the traditional punishment of serving jail terms. By awarding community service to the offender, the offender feels a sense of membership in the community.

Also, by serving in his community, the punished offender is being reintegrated into the community, which would make him a better person as he retains some self-worth.

Remanding an offender in a prison yard certainly ensures that he mixes up with other criminals who may end up teaching him how to innovate in crime and evade law enforcement agents.

Community service was first introduced into the Nigerian Criminal Justice System, through the Ancillary Criminal Justice Law of Lagos State in 2007, and Section 347 of the Ancillary Criminal Justice Law of Lagos State.

For more than 17 years since community service came into being in Lagos, many states in the country have failed to embrace it to decongest correctional facilities. But Oyo State, in 2017, also adopted similar measures as part of the reform of its judicial system. Consequently, those who commit petty crimes such as stealing food, can do community service instead of jail term.

In May 2023, the International Centre for Investigative Reporting (ICIR) reported that 52, 000 inmates were awaiting trial in custodial centres, according to the Federal Ministry of Interior. As of September 4, 2024, the total number of awaiting trial inmates, according to official figures from the NCoS stood at 57,750, and comprised 56,303 males and 1,447 females. These show that the figures, instead of going down, are increasing or at least in equilibrium.

Expectedly, there are grievous consequences for this outcome, one of which is congestion, which comes with poor hygiene, diseases, and recidivism. Additionally, a significant amount of national resources are expended to cater to inmates in a country that is struggling financially. The budget to feed inmates in 2023 was N22.44 billion. This amount is more than one per cent of the year’s N21.83 trillion budget, and much of it would be funded by international loans.

In the 2024 budget, the Federal Government earmarked N120,973,438,346 billion for the NCoS. Out of this amount, N4,267,700,326 billion was allocated for constructing NCoS fixed assets. This means that the recurrent expenditures, which include the feeding of the inmates, are taking over 80 per cent of the allocation.

Instructively, there are cumulatively 248 custodial centres in Nigeria. Twenty-one of these custodial centres are not functional, and 79 centres, which represent 32 per cent of the total number are currently overcrowded.

Curiously, 46 of these overcrowded centres are in the South, which is an indication that courts within the region are either harsh in applying custodial punishment amid provision for community service, or that more crimes are committed in the region such that the culprits must be kept out of circulation.

However, there are currently about 20 custodial centres in the North-East that are not optimally utilised owing to challenges of insecurity. There are fears that terrorists might invade such facilities and free inmates. If they could do so in Kuje Maximum Security Prison, in Abuja, then attacking any other facility in the North would be a walk in the park.

In light of these, experts are advocating the adoption of non-custodial measures, which will allow convicted persons to serve their sentences outside custodial centres because not every crime needs to be punished with incarceration. Some petty offenders can get community service instead of getting thrown into custodial centres.

Besides the recommendation for the adoption of community service, some stakeholders are calling for the full adoption of the restorative justice principle, which has proven to keep crime down and make adequate reparation for parties affected by crime.

Explaining the concept, Associate Professor of Law at the University of Lagos, Dr. Akeem Bello, said that community service in the context of criminal justice is a sentencing option for persons convicted of crimes in which the court orders the defendant to perform several hours of unpaid work for the benefit of the public.

The lecturer said institutionalising community service into our body of laws is one of the ways to make community service work, adding that there is a need to demonstrate to the government how it will work and the benefits that it would bring to the state.

Bello stressed that the Nigerian state will be willing to fund community service when it understands the benefits.

“We need to establish a scheme for community service officers so that the government can fund it; improve it with periodic training of more community officers to ensure adequate deployment at all magisterial districts, and establish structures for rehabilitation and reintegration. Such entities should employ counsellors and therapists who will focus on handling behavioural issues, substance abuse, and minor health challenges. They would be providing facilities for vocational training for unemployed offenders, and collaborate with NGOs, that will provide skill acquisition for unemployed youths,” he suggested.

The Director of the Community Service Unit, Lagos State Ministry of Justice, Mrs Tomi Bodude, said that community service and other non-custodial measures explore innovative approaches to fostering rehabilitation, promoting justice, and enhancing community well-being.
Bodude emphasised the need for a constitutional amendment that will allow states to manage correctional facilities aimed at shifting the focus from retribution to rehabilitation, promoting community integration over isolation.

“This change will provide a unique opportunity for Lagos State to implement more humane and effective justice measures,” she said while calling for collaboration with NGOs to deepen their understanding of non-custodial measures and their transformative potential.

Mrs Ajibola Ijimakinwa of the Rule of Law and Anti-Corruption (ROLAC) programme, attested to the fact that non-custodial measures were not being utilised optimally given the size of the NCoS and the prison population.
She said that ROLAC supports the process of deepening non-custodial measures, including rehabilitation, reintegration, and diversion programmes, or introducing them where they do not exist.

Ijimakinwa reaffirmed the group’s commitment to improving the performance, quality, and oversight of the criminal justice system in the country. “We offer capacity building for officers and also help in addressing operational challenges related to the courts and community service,” she declared.

The  Founder and Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr Uju Agomoh, whose organisation has been at the forefront of the rehabilitation of inmates, lamented that many custodial centres lock up inmates beyond their designated capacities, noting that all the overcrowded facilities are located in cosmopolitan cities.

She explained that for community services to be operational, they must include the conduct of social inquiry and production of a pre-sentencing report. “The supervision of convicts on community service must also be ordered by a court of competent jurisdiction.

It must involve the conduct and documentation of pre-release assessment and evaluation. Also, the production of post-community service reports to the court and provision of any other support service as may be required must be considered,” she stated.

Commenting on the type of state correctional service law envisaged, Agomoh said it must expatiate the role of stakeholders from the state governor, to local council authorities, the Nigerian Bar Association (NBA), NGOs, as well as, the NCoS staff.

According to her, the sustainability of correctional farm centres and cottage industries in the model state correctional law reflects a holistic strategy aimed at promoting inmate rehabilitation, community engagement, and financial sustainability within the correctional service.

“Mechanisms outlined in Subsection (7) introduce a pragmatic and transparent approach to the financial aspects of correctional farm enterprises. By allocating profits to various stakeholders, including the revolving fund, inmates, the state government, the correctional service, and correctional officers, the law promotes accountability, fairness, and sustainability,” she explained.

She, therefore, recommended the full implementation of the Nigerian Correctional Service Act (NCSA) 2019, and the Administration of Criminal Justice Act (ACJA) 2015, as well as, the Administration of Criminal Justice Law (ACJL) applicable in many states. States that are yet to pass their ACJL, she urged, should do so and align same with the NCSA 2019.

“Civil Society Organisations (CSOs) including, members of the CSO Forum on Corrections and Detention Issues should, in collaboration with State Justice Reform Teams, and other key stakeholders promote the effective implementation of section 12 (4-12) of the NCSA 2019 aimed at actualising the objectives stated in Section 2(1)(d) of the Act,” she advised.