Mandatory Notice Of Overcrowding In Custodial Centers Under The New Correctional Service Act, Is Merely Reactive Not Proactive. – TheNigerialawyer

Daily Law Tips (Tip 427) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

*MANDATORY NOTICE OF OVERCROWDING IN CUSTODIAL CENTERS UNDER THE
NEW CORRECTIONAL SERVICE ACT, IS MERELY REACTIVE NOT
PROACTIVE.*

Where a Custodial Center (formerly known as Prison) exceeds its
capacity, State Controller of Nigerian Correctional Services
(formerly known as Nigerian Prison Service) must with 1 week
communicate such to the Chief Judge of the State, Attorney General
of the State, Prerogative of Mercy Committee, State Criminal
Justice Committee and any other relevant body. If in Federal
Capital Territory (FCT), the Chief Judge of FCT and the Attorney
General of the Federation must be notified. The notified
offices/bodies must take necessary steps within 3 months to rectify
the overcrowding in custodial center.

The essence of this is to ensure there is quick remedy to
overcrowding in custodial centers across Nigeria. Unfortunately,
this provision of the law is only reactionary and but preventive.
It would have been better to have a threshold point at which a
mandatory notice of overcrowding must be sent out. Such notice
should be sent out once inmates hits 70% of the capacity of a
custodial centre to give room for the 3 months granted by law for
remedying of overcrowding. As it is today, since the law is merely
reactionary, custodial centers are legally allowed to be
overcrowded for 3 months so far as notice of such has been sent out
to stakeholders. However, there is no measurable system established
or proposed to ensure that overcrowding is solved apart from
rejecting further admission of inmates, which is purely designed to
stop further overcrowding. There is no clear liability for any of
the concerned entities/bodies that fail to solve overcrowding in
custodial centers within the statutorily provided 3 months. Hence,
abuse and non-compliance will be inevitable as usual. There is need
for an amendment of this provision as contained in the Nigerian
Correctional Service Act, 2019.

My authorities are Sections Section 12(4), (5), (7) and (11) of
Nigerian Correctional Service Act, 2019.

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