Court, custodial congestion and 2019 NCOS Act: Inertia or indifference?

WE have had a running battle with court and custodial centre congestion, with the attendant violation, albeit inadvertent, of the constitutional rights to humane custodial conditions and speedy trial of suspects. This aberration we thought, the 2019 Act had come to ameliorate, but no. The years 2019, 2020, 2021, 2022 witnessed the continued violation. The malaise came to a head in 2023 when section 12 ( 4) was invoked by the correctional authourity in Lagos state, to reject fresh admission of suspects because the centres have taken above safe capacity. Here are relevant provisions of section 12 of NCOS Act 2019.

12. ( 4) Where the custodial centre has exceeded its capacity, the State Controller shall within a period not exceeding one week, notify the Chief Judge of the State; the Attorney- General of the State; prerogative of Mercy Committee; as well as, State Criminal Justice Committee and any other relevant body.

Without prejudice to subsection ( 4), the State Controller of Correctional Service in conjunction with the Superintendent shall have the power to reject more intakes of inmates where it is apparent that the Correctional Centre in question is filled to capacity.

In exercise of the above powers, the custodial centers shut their doors against fresh admissions for some weeks in 2023. It became an issue for the managers and practitioners in our criminal justice system.

Here was how Punch Newspapers reported it on October 26, 2023, by Onozure Dania, under the caption: Custodial centres reject prisoners, lawyers demand reforms.

On October 16, 2023, a lawyer at the Lagos State High Court in Ikeja lamented that an inmate who had just been arraigned was rejected by warders of a custodial centre due to overcrowding. Some prosecutors also stated that for more than three weeks, some courts have not been taking up fresh cases for arraignment, as the custodial centres have been rejecting inmates. They also spoke about a directive from the Chief Judge of Lagos State, Justice Kazeem Alogba, that the Magistrates’ courts should stop arraigning suspects till further notice. A circular dated October 18, 2023, signed by the Chief Magistrate Mrs Joy Ugbomoiko, stated that she had been further directed to inform the magistrates to stop accepting overnight cases from any police station formation or command except the Economic and Financial Crimes Commission cases until directed otherwise.

Is it that the prescription drug is ineffective or the malaise is malignant and resistant?

What has happened to section 43 of NCOS Act 2019?

Here are some of its relevant and remedial provisions:

43. ( 1) The Controller- General shall provide the platform for restorative justice measures including: victim- offender mediation; family group conferencing; community mediation; and any other mediation activity involving victims, offenders and, where applicable, community representatives.

( 2) The Correctional Service shall liaise with the Court and other relevant agencies in the provision of these measures under subsection ( 1).

( 3) Restorative justice services may occur: at pre- trail stage; at trial stage or during imprisonment; and at post- imprisonment.

Come to think about it, in 2019, same year the NCOS Act was passed, Lagos state judiciary had issued Restorative Justice Practice Direction. We have a sprinkling of restorative justice centres across some magisterial divisions in Lagos state, including the Citizens Mediation Centre and the Lagos Multidoor Court House. This seem insufficient, again, how many inmates are aware that they could elect, upon some conditions opt for the restorative justice track/ channel?

For the objectives set out in the 2019 Act and Nigeria’s aspiration for improved access to justice, sign posted by humane custodial conditions, speedy trial; responsible and appropriate use of custodial conditions, it is very important to unleash the enormous potentials of the restorative justice provisions as a pre- trial diversion programme, not only to decongest our courts and custodial canters but to reduce costs and enhance the productivity of our criminal justice and corrections practitioners.

Restorative justice, unlike the common law criminal justice adjudication system, is not only for the lawyers and learned men. The 2023 Arbitration and Mediation Act bears this out as does the general principles of restorative justice, which to deliver must be properly infrastructured with the participation of other persons and professionals, including community leaders and traditional rulers. This is the time to open up and unleash the powers of Restorative Justice to solve our perennial courts and custodial centres congestion.

Iwuagwu,