By Lucky Isibor
Judges in the Criminal Division of the Edo State judiciary, Magistrates, officials of the Edo State Command of the Nigerian Correctional Service, members of Civil Society Organisations (CSOs) and the media have formulated measures for the implementation of non-custodial measures in the state.
The stakeholders met at a two day workshop on the “Dissemination Strategies for Non-custodial Measures in Edo State”, organised by the Edo State Justice Sector Reform Team (JRT) in collaboration with the Rule of Law and Anti-corruption (RoLAC) programme, in Benin City on Monday, 27 May and Tuesday, 28 May.
The Rule of Law and Anti-corruption (RoLAC) programme is funded by the European Union and implemented by the International Institute for Democracy and Electoral Assistance (International IDEA).
In its first phase (RoLAC I), the programme supported the enactment of the Nigerian Correctional Service Act, 2019. RoLAC also supported the implementation of the non-custodial measures in Nigeria under the new Act, working with the Nigerian Correctional Service to establish non-custodial processes and mechanism, and to promote awareness about non-custodial measures. The programme also supported Edo State to commence restorative justice procedures as a way of reducing court docket congestion and overcrowding of Custodial Centres. To further entrench decongestion of court dockets and Custodial Centres across Edo State, RoLAC II is partnering with the Edo State Justice Sector Reform Team to deepen these reforms and interventions, and expand the use of non- custodial sentences, including probation and suspended sentences for offenders.
In her opening remarks, the Presiding Judge of the Criminal Division of the Edo State Judiciary and Chairperson of the Edo State Justice Sector Reform Team, Honourable Justice Efe Ikponmwoba urged participants at the two day workshop to fashion out implementation strategies for the implementation of non-custodial measures in Edo State to assist in the decongestion of Custodial Centres and reduce court docket congestion.
According to Justice Ikponmwoba, the objectives of the workshop are, “To promote deeper understanding of non-custodial measures, probation, suspended sentences, their utility and the opportunities that exist for their utilization in the context of the criminal justice process in Edo State
” To engender wider use of these mechanisms in the dispensation of criminal justice in Edo State to assist decongestion of Custodial Centres and reduce recidivism by eliminating excessive harshness for minor affences thereby preventing minor offenders from becoming hardened because of exposure ty habitual criminals. To identify advocates for driving the sustained implementation of non-custodial measures in Edo State”.
After extensive deliberations anchored by the facilitator of the workshop, and Executive Director of Prisoners’ Rehabilitation And Welfare Action (PRAWA), Dr. (Mrs) Uju Agomoh, the workshop came up with recommendations on the implementation of the different facets of non-custodial measures which includes, restorative justice, probation, suspended sentences and parole, community service and any other non-custodial measure assigned to the Custodial Service by the Courts.
The workshop called for the seeming conflict between the Courts and Nigeria Custodial Service in the implementation of the non-custodial measures with particular reference to restorative justice adding that restorative justice should not be reduced to withdrawal of criminal charges against defendants in Court, but must embrace all it’s aspects as reconciliation, acceptance of responsibility by offenders, accountability by offenders and paying compensation where the need arises.
The workshop also called for the establishment of an office for the execution of non-custodial measures in the Ministry of Justice or any other justice related agency to coordinate the operations of the non-custodial measures. This office will also be saddled with the responsibility of supervising the application of non-custodial measures in the dispensation of justice, monitor and evaluate the process to ensure accountability of stakeholders and collect and collate data on it’s operation.
The workshop also called for public awareness and sensitisation of members of the public on the use of non-custodial measures such as restorative justice, community service, parole, suspended sentences and probation in the administration of criminal justice especially in minor offences and what the society stands to gain from it. The workshop further noted that non-custodial measures have the potential of ensuring that minor offenders are not allowed to mix with hardened criminals in the custodial centres.
Present at the workshop were Judges drawn from the Criminal Division of the Edo State Judiciary, Magistrates, Edo State Commands of the Nigeria Police, Nigerian Correctional Service, members of the Benin Branch of the Nigerian Bar Association (NBA), members of Civil Society Organisations (CSOs) and the media.