The fate and wellbeing of former custodial inmates upon discharge is another fundamental issue that confronts the nation today.
According to Barrister Benson Ngozi Iwuagwu, when inmates are released from custody, whether because of completion of sentence, clemency or other legal recourse, they face obstacles and impediments that are counterproductive to the values and objects of reformation. This is particularly concerning stigmatisation and discrimination.
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Investigation shows that this year alone, thousands of ex-offenders were released during the pandemic and most of them are yet to be re-integrated to society, including the 3,751 released by the federal government.
Starting from 2007 in Lagos, to the Administration of Criminal Justice Act, 2015, through to the Nigerian Correctional Service Act, 2019, with the novelty of separating the service into two complementary directorates – Custodial and Non-custodial directorates, there is now a move from retributive to restorative jurisprudence in our criminal justice system with its processes allowing victims to play a major role.
“In the old dispensation, first time and petty offenders became adept and got referrals to criminal contacts and syndicates upon discharge. They soon get into trouble with the law and returned to confinement!” This phenomenon, according to Barr. Iwuagwu, is called recidivism, prison shuttle, the vicious wheel, a veritable supply stream of crime and criminality that fuel fear and insecurity, which in turn hampers socio-economic productivity and development.
The NCSA 2019 which complements ACJA 2015, seeks to remedy the mischief of sending all classes of offenders into the same confinement, a practice that, among others, gives rise to social malaise, spurned inhuman custodial conditions and festered criminal socialization.
According to Dr Akeem Olajide Bello, Associate Professor, Faculty of Law UNILAG, “The traditional criminal justice system focuses on the trial and punishment of offenders. This system gives little or no room for the victim to participate in the process other than as witnesses.
“The traditional criminal justice system does not adequately address the needs and concerns of victims, the impact of the crime on the victims and society and how the offender can repair the harm caused by the crime,” he said.
He said restorative justice is a new initiative which is still at its infancy. “Restorative justice approach to crime is focused on the needs and concerns of the victim and the community affected by the impact of the crime.
“Victims are given active role in addressing the impact of the crime and offenders are encouraged to take responsibility for their actions.
“This is achieved by encouraging the offender to apologise to victims, restore property stolen or damaged and take other acceptable measures to repair the harm caused by the crime,” he stated.
According to him, the central promise that restorative justice makes to victims is that they will be stakeholders and that a key purpose of the process will be to address the harm done to them.
To the offender, Dr Akeem said restorative justice promises an opportunity to make it right. “People who offend have the opportunity to express remorse and apologise for their actions, benefiting themselves as well as their victims.
“It promises a way to put the incident behind them. People who offend have the opportunity to make significant and appropriate amends and then move on. They can return to their communities knowing that the matter is settled.
“The process of restorative justice is swift in comparison to the criminal justice system so that offenders can more quickly make meaningful changes in their lives.”
He also said restorative justice has a high rate of compliance or completion. Within a voluntary and non-coercive process, people who have offended tend to follow through on agreements that they have a part in creating.
Dr Akeem added that an offender who has participated in a court-referred restorative justice or court mediated settlement has a higher chance of receiving a more lenient sentence than an offender who stands trial.
The benefit to the community, according to him, is that restorative justice has a high rate of success in reducing repeated offences. When communities reintegrate their citizens after harm has been repaired, the likelihood of recidivism is greatly reduced. With reduced recidivism comes a safer community; just as it saves the state money by preventing individuals from becoming part of the criminal justice system for offences that can be resolved at the local level with community and victim.
There are, however, problems in achieving these promises. These include lack of sufficiently trained and skilled restorative justice facilitators. But this can be solved by more training of facilitators.
There is an absence of a criminal justice sector-wide policy and legal framework for integrating isolated restorative justice initiatives in the states and Nigeria.
According to Dr Akeem, a justice-wide policy and legal framework need to emerge and suggested the provision of institutional support which will include training of judicial officials, prosecutors, defence counsel and the provision of paid skilled facilitators at state expense.
He also proffered the enactment of a bill that would provide a framework for integrating the legal framework for restorative justice as well as the enactment of victims and witnesses assistance legislations.
Other justice sector stakeholders have equally suggested that while in prison, inmates should be taught some skills. Hence it should be a compulsory requirement that prisoners should learn at least two skills. This is because if prisoners are left idle in prison, they will invariably link with hardened criminals.
The stakeholders also said there should be organisations to follow up with an ex-convict. Ex-convicts must be seen as those who still need help. What has happened in the past is that there are no follow-ups to the ex-convicts.
