By Oluyemi Orija
The issue of corrections in Nigeria has long been a matter of concern, especially with the centralized control of correctional facilities under the exclusive legislative list of the 1999 Constitution of the Federal Republic of Nigeria. This constitutional arrangement meant that even when an offender committed a state offense, was tried and convicted by the state court, the individual would be remanded in a prison administered and managed by the federal government.
Consequently, funds from the federal government would be utilized to take care of state offenders. However, a significant shift occurred on the 17th of March 2023 with the 5th Amendment, which has moved issues of prisons and corrections to the concurrent list, giving both state and federal governments the authority to enact laws on prisons, establish and manage prisons in their various states.
The 5th Amendment to the Constitution of the Federal Republic of Nigeria, enacted to address the challenges associated with the exclusive list, has paved the way for a more decentralized approach to corrections. With prisons and corrections now falling under the concurrent list, both state and federal governments can legislate on correction issues, establish manage and administer their own correctional facilities. With this shift, it is imperative that state governments across the federation take swift action by enacting state correction laws in their respective jurisdictions. This call to action is not merely a bureaucratic formality; it is the first step towards the effective implementation of the constitutional shift in correctional jurisdiction. State legislatures must prioritize the drafting and passing of laws that govern the establishment, management, and rehabilitation processes of state prisons.
The passing of the 5th Amendment is a landmark moment, but its impact can only be fully realized through the proactive efforts of state governments. Enacting state correction laws is the first crucial step in implementing the provisions of the amendment, as without these laws, states cannot effectively govern and manage their correctional facilities.
One key legislative instrument that provides a framework for corrections in Nigeria is the Nigerian Correctional Service Act of 2019. This Act outlines the structure, functions, and powers of the Nigerian Correctional Service. Sections 1 and 12 of the Act emphasize the need for humane treatment of inmates and rehabilitation as primary objectives of the correctional system. This Act provides a comprehensive framework for the administration of correctional services, emphasizing the need for rehabilitation, reformation and reintegration of offenders into society. State governments can draw inspiration from this federal legislation while tailoring it to suit their specific needs.
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The implementation of state correction laws will bring about several positive changes in the correctional system and some of the impacts includes;
Improved Inmate Welfare
Enacting state correction laws allows states to tailor correctional policies to their unique needs. This flexibility can lead to improved living conditions for inmates, including better healthcare, education, and vocational training opportunities.
Reduced Prison Congestion
State correction laws can address the issue of prison congestion by introducing and properly implementing alternative sentencing options, building new and modern day prisons, partnership with private organizations to implement vocational skill training, and rehabilitation programs. By focusing on reintegration and reducing recidivism, states can alleviate the strain on their correctional facilities.
Community Engagement: State-level control over corrections encourages community involvement in rehabilitation efforts. Local initiatives, partnerships with NGOs, and community service programs can be incorporated into state correction laws, fostering a sense of responsibility and support for inmates’ reintegration.
The constitutional Amendment has provided a golden opportunity for states in Nigeria to take charge of their correctional systems. State governments must seize this moment by enacting comprehensive correction laws, drawing inspiration from the Nigerian Correctional Service Act of 2019. By doing so, states can foster a more humane and effective correctional system, ensuring the well-being of inmates while contributing to the overall reduction of prison congestion and recidivism. It is time for states to actively participate in reshaping the landscape of corrections in Nigeria for the better.