A REVIEW OF THE NIGERIAN CORRECTIONAL SERVICE ACT 2019 AND ITS RELEVANCE TO EFFECTIVE CRIMINAL JUSTICE ADMINISTRATION

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A REVIEW OF THE NIGERIAN CORRECTIONAL SERVICE ACT 2019 AND ITS RELEVANCE TO EFFECTIVE CRIMINAL JUSTICE ADMINISTRATION

Abstract

This paper discusses the relevance of the Nigerian Correctional Service Act 2019 to criminal justice administration in Nigeria. Specifically, the role of correctional institutions in Nigeria is considered and the extent of respect (or disregard) of the rights of persons in detention under the repealed Act is analyzed in order to identify and appreciate the innovative provisions in the new Act. In writing this paper, primary and secondary sources of data were gathered, and same subjected to content and contextual analysis. Specifically, statistical records and official documents from the relevant institutions were sourced and their contents reviewed and analysed.

Keywords: Correctional Service Act 2019, Prison, Criminal Justice Administration, Nigeria

1. Introduction

Respect for human rights and rule of law is one of the most important steps towards achieving the desired goals and aspirations of every democratic state. Therefore, anyone that encounters the criminal justice system – whether as a victim of crime, a witness in a court case or an accused person charged with an offence, has the right to be treated fairly. The prison system is thus an integral part of the criminal justice system in every country, and when used appropriately it plays a crucial role in upholding the rule of law by ensuring that alleged offenders are brought to justice by providing a sanction for serious wrongdoing. In the same vein, it is imperative that the prison system should be such that would protect the dignity of the human person. The term prison is derived from the Latin word ‘prendere’ which means to seize or to confiscate. According to Oxford’s Advanced Dictionary , a prison acts as a confinement in which a wrongdoer is locked up against his will in order to exclude him from society. Right from olden days, the prison has always been a form of punishment and history reveals the evolution of the types of prisons across the globe, and this is largely based on the concept that a criminal is a dangerous and a misfit person, who is excluded from society and sent to prison for incarceration as a punishment. The purpose of imprisonment is essentially to make a person responsible for the violations he committed without his dignity as an individual being violated. However, whether such a view is held by a State depends on the theory that is used to justify imprisoning criminals . There are various theories as to why prisons are a suitable form of punishment. Under the reformative theory, a criminal should be confined in a place where they are able to reform their characters in order not to repeat the same kind of offences in the future. Under the retributive theory, a criminal should be confined in a prison in order to punish the criminal for his wrongdoings, and hence, such punishment acts to balance the moral order previously upset by the criminal’s crime. The prison system thus serves as a custodial as well as a correctional institution. It also serves as a fundamental instrument for the protection, scrutiny, maintenance of the rule of law and social order. Historically the prison environment has always been depicted as deplorable and inhumane; and even in modern times, prison environments vary widely around the world and the wide range of prison conditions reflects how each country treats its criminals.

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