Mandatory Notice Of Overcrowding In Custodial Centers Under The New Correctional Service Act, Is Merely Reactive Not Proactive. Daily Law Tips (Tip 427) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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.
References;
Sections Section 12(4), (5), (7) and (11) of Nigerian Correctional Service Act, 2019.
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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