AN ASSESSMENT OF THE USE OF NON-CUSTODIAL MEASURES AS INCARCERATION ALTERNATIVES BY THE NIGERIAN CRIMINAL JUSTICE SYSTEM

CRIMINOLOGY, SOCIOLOGY AND LAW

Among the many challenges facing the Nigerian criminal justice system is the problem of overcrowded prisons populated mostly by mild offenders and inmates awaiting trial. The study intended to examine the use of incarceration alternatives to the traditional custodial measures widely practiced within the Nigerian Criminal Justice System. We explore the application and effectiveness of non-custodial measures in Nigeria as alternatives to traditional incarceration Secondary data were obtained from official and scholarly sources. The study revealed that, prison overcrowding, stigma, recidivism, and poor implementation of legislative reforms and policies as some of the key challenges bedevilling the Nigerian Criminal Justice System. The system, instead of taking advantage of it as provided by law and in the recent legislative reforms, has jettisoned the use of non-custodial measures of correction which has led to congestion in penitentiaries and other rehabilitation and reformation facilities among other findings. The paper also revealed some benefits of the use of non-custodial measures of incarceration such as probation, parole, community service, restorative justice programs, and some emerging options like the electronic monitoring system. Even though Nigerian laws provided for it, the use of non-custodial measures has been under-utilized by the courts as an option to the traditional incarceration. We suggest, among others, the use of non-custodial measures of sentencing criminals as an alternative to the orthodox jail and other punitive forms of retribution and incarceration, speedy trial and sentencing, implementation of legislative reforms and policies, rehabilitation and reintegration programs, collaboration with stakeholders, data management and research, and international cooperation and support.

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