By Ibironke Ariyo
A retired Controller of Corrections, Dr Francis Enobore, has urged state governments to embrace non-custodial measures and accelerate justice delivery to tackle persistent overcrowding in custodial centres across the country.
Enobore, who was a former spokesman of the Nigerian Correctional Service (NCoS), gave the charge in an interview with the News Agency of Nigeria (NAN) on Monday in Abuja.
He said the recent disclosure by the Minister of Interior, Dr Olubunmi Tunji-Ojo, that 93 per cent of inmates in custody were being held for state offences highlighted the critical role of state governments in addressing prison congestion.
He also said that with Nigeria’s custodial population estimated at about 80,733 inmates, with less than 6,000 being held for federal offences, the overwhelming majority were in custody for violations of state laws.
“When concerns are raised about delays in justice dispensation and overcrowding in custodial centres, attention should naturally shift to the states whose laws have been violated and whose agencies initiated the arrests.
“What is disturbing is that many accused persons are virtually abandoned after arrest, while the machinery of justice slows down, leaving them to spend years awaiting trial,” he said.
Enobore also noted that more than 65 per cent of inmates in the country’s custodial facilities were awaiting trial.
He described the development as a major contributor to overcrowding, adding that some detainees accused of minor offences remained in custody for prolonged periods in spite of the availability of alternatives that could resolve such cases without imprisonment.
“Nigeria’s criminal justice system has continued to rely excessively on incarceration as a form of punishment, even in cases where non-custodial sanctions will be more appropriate.
“There is a widespread belief that unless an offender is sent to prison, justice has not been served. However, there is no empirical evidence to support the notion that imprisonment is always the best deterrent.
“In many cases, excessive reliance on imprisonment creates additional challenge and undermines the objectives of correctional administration,” he said.
The former NCoS spokesman warned that overcrowded custodial centres often expose minor offenders to hardened criminals, making proper classification and rehabilitation difficult.
He added that the situation increased the risk of radicalisation, recidivism and security breaches within correctional facilities.
“When custodial centres are overcrowded; inmates are subjected to difficult living conditions and limited access to rehabilitation programmes.
“This not only affects inmates but also places enormous pressure on correctional personnel and infrastructure,” he emphasised.
Highlighting the financial implications of overcrowding, particularly for state governments, he said that at the current feeding allowance of N1,125 per inmate a day, the estimated 75,081 inmates being held for state offences would require more than N2.53 billion monthly for feeding alone.
According to him, the amount excludes expenditures on accommodation, healthcare, clothing, potable water, electricity, logistics for court appearances, security and vocational training programmes.
He noted that with the movement of correctional services from the Exclusive Legislative List to the Concurrent Legislative List, state governments would increasingly bear greater responsibility for correctional administration.
The retired corrections officer stressed that sustainable solutions would only emerge through a proper understanding of the causes of overcrowding.
“Overcrowding has continued to undermine correctional interventions by limiting access to healthcare, rehabilitation and reformation programmes. It also raises concerns about human rights, inmate welfare and staff productivity,” he said.
Enobore stressed that Nigeria already possessed adequate legal instruments for reducing prison congestion.
He cited the Administration of Criminal Justice Act (ACJA) 2015, state Administration of Criminal Justice Laws and the NCoS Act 2019 as frameworks providing for non-custodial sanctions and early-release mechanisms.
He also referenced international standards such as the United Nations Standard Minimum Rules for the Treatment of Prisoners, otherwise known as the Mandela Rules.
According to him, available alternatives to imprisonment include community service, probation, restorative justice, fines, suspended sentences, house arrest, electronic monitoring, compensation orders and other non-custodial sanctions.
“The adoption of these measures will significantly reduce overcrowding while preserving family and social ties.
“It will also reduce the burden on taxpayers and create opportunities for offenders to make amends without necessarily being incarcerated.”
Enobore called on the Minister of Interior and the Attorney-General of the Federation and Minister of Justice to convene a national stakeholders’ meeting on custodial overcrowding.
He said participants should include state attorneys-general, commissioners for justice, chief judges, law enforcement agencies, correctional authorities and the Nigerian Bar Association.
According to him, such a forum would provide an opportunity for stakeholders to develop coordinated and sustainable solutions to the challenge.
He also called for a holistic and data-driven approach to criminal justice reforms, stressing that effective justice administration depended on diligent investigation, efficient prosecution, fair sentencing and effective custody where necessary.(NAN)(www.nannews.ng)
Edited by Deborah Coker