Lawyers seek non-custodial sentencing, speedy trials to decongest prisons

Some lawyers have called for comprehensive criminal justice reforms to address congestion in correctional centres.
The lawyers noted that the reforms could be achieved through faster trials, improved investigations, expanded legal aid, increased use of non-custodial measures, and plea bargaining.
In an interview on Sunday in Abuja, David Shittu identified the large number of awaiting-trial inmates as the major cause of congestion in correctional centres.
“Many suspects spend months or even years in custody because of delays in police investigations, slow court processes, inadequate legal representation and difficulties in meeting bail conditions.
“Criminal cases should be heard and concluded within a reasonable time, and investigations should be completed promptly before suspects are charged in court,” he said.
Mr Shittu called for a regular review of the cases of awaiting-trial inmates to identify those eligible for bail, discharge or release.
Another legal practitioner, Nkiruka Maxwell, said offenders convicted of minor offences could be sentenced to community service, probation, restorative justice or fines instead of imprisonment where the law permits.
She said non-custodial measures were essential and would reduce pressure on correctional centres while ensuring justice was served.
“The government should continue to improve correctional infrastructure through renovation and expansion of existing facilities where necessary.
“There should also explore rehabilitation programmes, including vocational training, education and counselling to prepare inmates for successful reintegration into society and reduce the rate of reoffending,” she said.
On his part, Kingsley Nwachukwu said some inmates remained in custody because they could not afford legal representation or were unaware of their rights.
Mr Nwachukwu said strengthening legal aid services and encouraging lawyers to provide pro bono services would help ensure indigent defendants received fair and timely justice.
“Security agencies should conduct thorough investigations before arraigning suspects and avoid unnecessary arrests or prolonged detention.
“Also, respect for constitutional rights and due process will reduce the number of people unnecessarily committed to correctional centres,” he said.
Another legal practitioner, Amaujor Temple, said reducing the number of awaiting-trial inmates remained critical to decongesting correctional centres.
Mr Temple said courts should prioritise such cases, while investigations and prosecutions should be completed speedily.
He also advocated wider use of non-custodial sentences, including probation, community service, parole, restorative justice and fines for suitable non-violent offenders, as permitted by law.
According to him, appointing more judges, improving court facilities and deploying technology such as electronic case management and virtual hearings would help speed up criminal trials.
He urged security agencies to conduct thorough investigations before arraigning suspects to reduce unnecessary adjournments and prolonged detention.
Mr Temple also called for regular prison decongestion exercises through periodic visits by Chief Judges to correctional centres to review cases, grant bail where appropriate, and order the release of unlawfully detained inmates.
He advocated improved access to legal aid, saying many inmates remained in custody because they could not afford legal representation.
The lawyer also called for a review of bail practices to avoid excessively stringent conditions for minor offences while ensuring public safety.
Mr Temple further recommended greater use of plea bargaining in suitable cases to reduce prolonged trials.
He urged legislatures to review criminal laws periodically to decriminalise minor offences where appropriate and reserve imprisonment for serious crimes.
According to him, while reducing inmate populations remains essential, expanding and modernising correctional facilities is also necessary to accommodate inmates safely and humanely.
(NAN)
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