The effort by the Chief Judge of Lagos state, Justice Opeyemi Oke (CJ) to decongest prisons in Lagos is commendable. Particularly interesting is the promotion of non-custodial sentencing by the CJ. While visiting prisons in Lagos state to release some prisoners, the CJ implored magistrates in the state to adopt that model as a way to decongest prisons, and announced that she has directed the chief registrar to issue a circular to that effect. To ensure compliance she said: “our magistrates will henceforth be monitored to ensure compliance with the directive.”
Non-custodial sentencing particularly for misdemeanours and simple offences is recognised and applied in several jurisdictions across the world. The Administration of Criminal Justice Law (ACJL) of Lagos state recognises it, and it could be handy to deal with some of the infractions that have more of nuisance value to the society than causing it harm. Some of the punishment could include cleaning the high way, cutting grass, leaving crime free life for a number of months or years, and similar regulatory conduct to help the offender mend his ways.
We commend the CJ for making it a topical issue and encouraging magistrates to apply it. We had noted hear few weeks ago that magistrates sometimes think it is their responsibility to hold the accused in prison custody while the police conclude their investigation. That attitude is not right, and the new directive by the CJ will help reassure the magistrates who are under the state jurisdiction.
Another interesting dimension raised by the CJ during her visit, is better appreciated in her words. She said: “simple cases need not go to the police. The restorative justice centre is a mediation centre. If there is an agreement and the guilty can pay for a missing tooth, why go to court? This is a way of decongesting prisons.” This new approach will be particularly interesting to those who suffer from crimes. Without any remedial benefit from the prosecution of offenders, complainants most times loose interest in their cases.
Imagine where somebody’s house is burgled and the stolen item is unrecovered or a case of malicious destruction of one’s property, which is prosecuted by the state, with the likelihood that a conviction will only result in imprisonment. Contrast that scenario with the possibility that at a restorative centre, the criminal is given a chance to accept responsibility for the infraction while he pays compensation to the victim. In the former case the victim after a few appearances may stop coming to court to give vital evidence, and that could lead to delay or abandonment of the trial.
Where the issue is a matter of restoration without the possibility of imprisonment for the accused, both the accused and the victim will likely attend the mediation until completion. Interestingly the effort by the Lagos CJ is in tandem with the recent admonition of the Chief Justice of the Federation, Justice Walter Nkanu Onnoghen at the 2018 All Nigerian Judges’ Conference of the lower courts, at the National Judicial Institute (NJI) in Abuja. The CJN said: “reckless remand orders must not be issued by your courts, where it appears that the police lack evidence to prosecute a criminal matter or your courts do not possess the requisite jurisdiction to entertain such matter.”
The congestion of prisons is a matter that calls for concern and we commend the efforts of the judiciary to bring an end to that national shame. While that will serve the ends of justice as provided by our extant laws, it will also discourage the desperation to avoid justice, knowing that its delivery will be fairer.
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