HURILAWS Seeks Reform of Non-Custodial Provisions of Lagos ACJL 2015

A Human Rights Advocacy group, Human Rights Law Services (HURILAWS), has called for the urgent reform of the non-custodial provisions of Lagos State Administration of Criminal Justice Law (ACJL) 2015.

Mr. Collins Okeke, Senior Legal Officer at HURILAWS, made the call last week at a press briefing held in Lagos.

Okeke said the reform should be done, in a way that would make the non-custodial provisions of the ACJL 2015 bring about a better use of fines, community service and probation, as alternative punishments to sending offenders to prison.

In his presentation titled: ‘Reinvigorating Non-Custodial Provisions of the Lagos State Administration of Criminal Justice Law 2015’, Okeke noted that, there is a growing shift from Custodial to Non-Custodial sentencing, and urged the Lagos State Judiciary to make better use of non-custodial punishments for minor offences, as part of measures to address the worsening problem of prison congestion in the State.

According to him, the non-custodial punishment options are provided for in the Lagos State Administration of Criminal Justice Law, which has been in existence for over 10 years; the court had yet to fully explore those options.

The HURILAWS Legal Officer advocated that, as opposed to the current practice where the courts only use community service for juvenile offenders, the option should be extended to adult offenders too.

He called for a review of the fines stipulated by the law, to make them realistic and commensurate with the offences.

Okeke also urged the Lagos State House of Assembly, to complement the sentencing guidelines and restorative justice introduced by the Chief Judge of the State, by extending probation and community service in the ACJL to adult offenders, and by making the fines prescribed in Lagos laws commensurate with the offences and the offenders.

“There is a growing shift from Custodial to Non-Custodial sentencing. Experts around the world, are developing new NonCustodial measures and improving on existing ones. The Lagos State ACJL 2015 makes provision for NonCustodial punishment. The challenge is that, what the Lagos ACJL 2015 provides, does not go far enough to significantly reduce prison population in Lagos State.

“There is an urgent need to reform non-custodial provisions of the Lagos ACJL 2015. The Lagos State Chief Judge has introduced sentencing guidelines, and trained Magistrates on the application of restorative justice.

“The Lagos House of Assembly should complement the Judiciary, by extending probation and community service in the ACJL 2015 to adult offenders. Fines prescribed in Lagos laws, should be commensurate to the offence and offenders.

“The Lagos State Street Trading and Illegal Market Prohibition Law 2003, which prohibits street trading and illegal markets, prescribes the following fines: N90,000 or six months’ imprisonment for a first offender; N135,000 and nine months’ imprisonment for a second offender; and N180,000 and one year’s imprisonment for a third offender.

“These fines are excessive, and fail to take into consideration, the nature and condition of offenders who are mostly poor. Although, the Lagos State Street Trading and Illegal Market Prohibition Law prescribe other non-custodial measures like seizure and forfeiture, in practice, the Lagos State sentencing policy, appears to favour fines. The result is that, most offenders cannot pay the fines and will end up in prison, further congesting the prisons”, Okeke said.