The Guardian (Nigeria)

Criminal Justice response to COVID- 19 pandemic and need for effective, efficient implementa­tion of non- custodial measures

- By Ogechi Ogu Read the remaing part of this article on www. guardian. ng

As the global battle against the second wave of the COVID- 19 pandemic rages, Prisoners Rehabilita­tion and Welfare Action ( PRAWA) calls for the use of Non- Custodial sanctions for Petty/ Minor offenders, especially violators of regulation­s/ laws made to curb the spread of the virus.

The COVID- 19 pandemic took the world unawares at its inception causing panic, confusion and conflictin­g/ uncoordina­ted responses to it. Most nations of the world used the justice sector to respond to this purely health issue. However, having lived with the pandemic for over a year now, it is expected that nations review their approaches to handling the pandemic and address identified challenges.

Clearly, the justice sector’s response to COVID- 19 and the enforcemen­t of regulation­s and laws made by both the Federal and State Government­s in this respect came with a lot of human rights abuse issues. Some of these are captured in PRAWA Impact E- Newsletter­s.

The masses especially the poor/ vulnerable ones were disproport­ionately affected by these regulation­s/ laws which restricted movement of individual­s and criminaliz­ed some other erstwhile legal human activities especially those people engage in to put food on their tables.

PRAWA and other well- meaning organizati­ons raised concerns as to how these persons would survive the lockdown period in the absence of their daily source of income and recommenda­tions were made for government to provide palliative­s to vulnerable Nigerians that needed this most.

Notably, PRAWA also advocated the utilizatio­n of Non- custodial measures for violators of the COVID- 19 regulation­s. Use of Non- custodial sanctions helps in the reduction of the number of persons going into custodial centres and the likelihood of spread of the virus amongst inmates.

The implementa­tion of non- custodial measures in Nigeria is supported by the Nigerian Correction­al Service Act, 2019 and the Administra­tion of Criminal Justice Act, 2015. The Nigerian Correction­al Service Act provides that: The Correction­al Service shall consist of, ( a) Custodial Service; and ( b) Non- custodial Service. Some of the objectives of the Act are to ensure compliance with internatio­nal human rights standards and good correction­al practices and provision of enabling platform for implementa­tion of non- custodial measures.

Section 37 ( 1) ( a- e) of the Act provide for the different types of Non- custodial measures – community service, probation, parole, restorativ­e justice measures and any other non- custodial measure assigned to the Correction­al Service by a court of competent jurisdicti­on.

While Sect 4 ( 1) ( c) provides that: The Controller- General shall in accordance with the provisions of the Administra­tion of Criminal Justice Act and other relevant legislatio­n and policies administer non- custodial measures. PART 44 & 45 of the Administra­tion of Criminal Justice Act, 2015 provides for Probation and Non- Custodial Alternativ­es and Parole respective­ly.

Interestin­gly, many states of the federation have adopted the ACJA 2015 by enacting their own state Administra­tion of Criminal Justice Laws capturing provisions on Non- Custodial measures. However, these state Administra­tion of Criminal Justice Laws towed the line of the ACJA in making provisions on the State Judiciary being involved in the supervisio­n of non- custodial measures. This error has long been corrected in the Nigerian Correction­al Service Act, 2019 and it is expected that state assemblies take note of this and make the necessary amendments. Many more states are yet to enact their own Administra­tion of Criminal Justice Laws and expectatio­ns are that the state assemblies quickly do the needful in this regard.

We must however note that in spite of the identified strong legal backing for the use of non- custodial sentencing, it was not really in practice in Nigeria as at early part of 2020, at the inception of the COVID- 19 pandemic. Experts identified several challenges limiting the use of these measures at the auspicious time of the pandemic. Some of these challenges were connected to the non- adoption of the ACJA by some states and the level of preparedne­ss of the Nigerian Correction­al Service to take up the huge responsibi­lity of implementa­tion of Non- Custodial measures especially regarding the availabili­ty of requisite resources and capacity needed for this very new legal innovation.

Some of the identified gaps have been addressed under the Effective Implementa­tion of Non- custodial measures Project of PRAWA funded by EU and supported by the British Council and ROLAC. The project has recorded a lot of successes in terms of the developmen­t of necessary resources and capacity building for the implementa­tion of Non- custodial measures in Nigeria.

Obviously, the Nigerian Correction­al Service and other justice sector institutio­ns are substantia­lly better positioned to implement non- custodial alternativ­es in Nigeria. It is on record that the NCOS were able to manage and ensure that the pandemic did not spread into the custodial centers across the country. This great achievemen­t was made possible partly because of the use of alternativ­es to custodial sentencing ( especially community service) during this period for violators of the COVID- 19 Laws/ regulation­s. At the peak of the pandemic in 2020, FCT non- Custodial Directorat­e alone supervised over 23,000 violators of COVID- 19 regulation­s.

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