INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY STUDIES (IJMS)
IMPLEMENTATION OF NON-CUSTODIAL SENTENCING UNDER THE NIGERIAN CORRECTIONAL SERVICE ACT, 2019
E-ISSN: 3349-4132
P-ISSN: 3349-5939
DOI: https://iigdpublishers.com/article/1599
Custodial sentencing creates issues of non-rehabilitation or reform of those sentenced, congestion of custodial facilities, loss of human resources who ordinarily should be made to serve their community instead of waiting away in custody. In modern times, it has been argued that other sentencing which is not custodial should be adopted by Courts in Nigeria as captured principally in the Administration of Criminal Justice Act, 2015. This dissertation focused on the need for effective implementation of non-custodial sentencing under the Administration of Criminal Justice Act of Nigeria, 2015. It adopted the doctrinal methodology in analysis of the Act which provided for several types of sentencing like community service, parole, cost, compensation, damages, restitution, fine, suspended sentencing, deportation and probation etcetera. It was found that effective implementation of non-custodial sentencing requires proper knowledge of all facets of non-custodial provisions by the Judges, ability of the Judge to act judiciously, political will by the Executive arm of government which actually enforce sentences by Courts, provision and availability of facilities for efficient implementation. The recommendations are that stakeholders in the criminal justice sector: Judges, Correctional Service Personnel, Non-Governmental Organisation should be trained and retrained or educated on their roles in non-custodial sentencing implementation. Further to the foregoing, facilities should available for all conceived non-custodial pronouncement.
Ahmed II Jalaludeen Bala, LLB, BL, LLM, PhD
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