— Lawyers and legal professionals are urging the need for significant criminal justice reforms as custodial centres in Lagos State are rejecting inmates due to severe overcrowding. The situation has led to court delays in taking up fresh cases and a directive from the Chief Judge of Lagos State to cease arraigning suspects. A circular dated October 18, 2023, reinforces this directive, emphasizing that magistrates should not order police to detain defendants at police stations.
Custodial centres, plagued by issues such as dilapidated structures, congestion, a high number of inmates awaiting trial, and other related concerns, have long been the subject of debate. The recent circular issued by the Chief Magistrate Mrs. Joy Ugbomoiko underscores the urgency of the problem.
The total inmate population in custodial centres as of October 23, 2023, stands at 81,550, with 25,464 convicted inmates and 56,086 awaiting trial inmates, according to the Nigerian Correctional Service (NCoS) website.
Overcrowding in custodial centres is attributed to various factors, including delays in the administration of justice, excessive use of prison sentences, over-criminalization, and a lack of resources to build new custodial facilities.
To address these issues, legal experts are advocating for a more sensible approach to imprisonment, reserving custodial sentences for high-risk offenders and those requiring reformation and rehabilitation, while adopting non-custodial alternatives for minor and petty offenders.
The rejection of inmates is within the provisions of section 12(4-12) of the Nigerian Correctional Service Act 2019. This law allows custodial centres to reject further intakes when they reach capacity.
Legal professionals are calling for a comprehensive review of the criminal justice system and better coordination among the police, courts, and legal experts to prevent overcrowding and address related issues.
Efforts are being directed towards sensitizing the populace, particularly the police, about the importance of avoiding unnecessary detention and ensuring that only cases that genuinely require court intervention are brought to the legal system.
As the legal community continues to emphasize the need for reform, it remains a pressing issue to strike a balance between safeguarding public safety and respecting individual rights and justice.