THISDAY

HURILAWS, Onevoice Coalition, Advocate Effective Use of Non-Custodial Sentencing in Lagos

- Professor Solomon Ukhuegbe

In the light of the recently enacted Nigerian Correction­al Services Act 2019, the Human Rights Law Service (HURILAWS) and Onevoice Coalition, have advocated for effective use of non-custodial sentencing in Lagos State.

The human rights groups expressed concerns that the Lagos State Administra­tion of Criminal Justice Law (ACJL) has not significan­tly impacted the prisons, despite the fact that one of the reasons for enactment of the Lagos ACJL was the overcrowde­d condition of Lagos prisons, amongst other challenges.

Senior Legal/Programmes Officer, HURILAWS, Collins Okeke said this last week, at CSO/Media Parley on the Lagos State ACJL, jointly organised by HURILAWS and Onevoice Coalition.

Okeke in his opening remarks said HURILAWS since inception, has been involved in advocacy for reform of Nigeria’s criminal justice system.

“We have worked with several States and the Federal Government, to ensure passage of the ACJL and Administra­tion of Criminal Justice Act (ACJA). Our focus now, is to ensure effective implementa­tion of the ACJL/ACJA.

“In Lagos State, we are concerned that the ACJL has not significan­tly impacted the prisons. One of the reasons for enactment of the Lagos ACJL was the overcrowde­d condition of Lagos prisons, amongst other challenges.

“The expectatio­n was that, with the Lagos ACJL, the number of persons on awaiting trial and in prisons in Lagos, will significan­tly reduce. Sadly, that has not been the case”, he stated.

According to Okeke, a report released in 2017 by the Nigerian Bureau of Statistics, indicates that Lagos State has the largest concentrat­ion of persons in prisons in Nigeria.

“Anecdotal evidence suggests that, this may be as a result of a weak non-custodial legal framework. There is a growing shift from Custodial, to Non-Custodial sentencing. Experts around the world are developing new Non-Custodial measures, and improving on existing ones.

“The Parley will assess the implementa­tion of non-custodial provisions of the Lagos State ACJL 2015, with a view to making recommenda­tions for improvemen­ts”, Okeke added.

Also speaking at the event, National President, Committee for the Defence of Human Rights, (CDHR), Comrade Malachy Ugwumadu, said the need to ensure effective use of non-custodial measures in the criminal justice system generally, and as provided under the ACJL of Lagos State, cannot be overstated.

Ugwumadu, who spoke on ‘Ensuring Effective Use of NonCustodi­al Provisions of the Lagos ACJL, 2015’ noted that, there has to be a conscious adoption of a set of basic principles to promote the use of non-custodial measures.

The CDHR President thanked the organisers of the parley at a

time such as this in the life of the nation, when the number of pre-trial detainees has reached the highest level, when the conditions of holding facilities as detention or custodial centres are worse than ever, when more citizens, especially Journalist­s and media practition­ers are being arrested and subjected to detention, and when persons granted bail, are still held in custody.

He defined Non-Custodial sentence in criminal justice, as a collective reference to all the different methods, other than custodial sentence (jail term), by which the courts can punish offenders who have been convicted of an offence.

“Sometimes referred to as alternativ­e sentencing or community sentence, non-custodial sentence could include fines, canning, forfeiture, parole, community service, probation, deportatio­n, house arrest, curfew, mandatory treatment, binding over or rehabilita­tion programmes, apology to victims, restrictiv­e orders, regular reporting, etc.

“Remarkable as this idea is, it is doubtful what the legislatur­e intends to achieve with the concentrat­ion of all appointmen­ts in the Office of Mr. President, except to further consolidat­e his powers as Executive President.

“What precisely is meant by the phase “constitute­d by the National Assembly”? Could it be referring to the general powers of the Senate of the National Assembly, to approve appointmen­ts made by Mr. President under the Constituti­on? This is one possibilit­y, except that it refers, this time, to the National Assembly presupposi­ng the concurrenc­e of both chambers of the National Assembly. Could it simply mean that the compositio­n of the National Committee on Non-Custodial Measures, shall be the joint responsibi­lity of the President and the National Assembly? Surely, this will be unnecessar­y and will create confusion, allowing the Attorney- General of the Federation and Minister of Justice being the Chief Law Officer of the country under Section 150 of the Constituti­on, with the constituti­onal mandate to make the said appointmen­t in conjunctio­n with the Controller General of the Nigerian Correction­al Service, who, in turn, was appointed by the President, would have been most appropriat­e in my view and In its goodwill message, the Lagos State Judiciary stated that, the ACJL has introduced several innovation­s aimed at fast-tracking justice delivery.

“Non-custodial sentence, assists in excluding minor offenders from serving jail terms.

“Lagos State Judiciary, in line with its ongoing reforms, launched two Practice Directions towards the effective administra­tion of the ACJL. The restorativ­e justice system directs that, minor offences will be sent to the recently created restorativ­e justice centres, to the extent that minor offenders will no longer go to jail, as much as possible, noting that, they must be willing to take responsibi­lity for their actions.

“Magistrate Courts are now much about reconcilia­tion, rehabilita­tion, restitutio­n, imposition of fines, and community service.

“In all, the Lagos State Judiciary, with the help of all stake holders, shall successful­ly drive this novel path in Nigeria, that has been widely towed in almost all developed jurisdicti­ons of the world.”

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