By Ighomuaye Lucky. O
Justice Development Peace and Caritas Initiatives (JDPCI), has said that the only sure way the Nigerian Correctional Centres can be decongested is when citizens understand the full implementation of the Administration of Criminal Justice Law (ACJL).
The Executive Director of JDPCI, Very Rev. Fr. Fidelis Arhedo disclosed this at the roundtable discussion with Journalists on Effective Reporting on the Implementation of ACJL in Edo State, held in Benin.
He said despite the progressive provisions enshrined in the ACJL—such as plea bargaining (Section 468), suspended sentencing (Section 460), parole, and non-custodian sentencing Sections 453-455), these options remain largely underutilized.
Fr. Arhedo said Plea bargaining is designed to speed up legal proceedings, reduce court backlogs, and save resources but is infrequently used in Edo State due to misconceptions that it is a “backdoor” for the wealthy to evade justice.
Arhedo added that a survey by the Justice Research Institute (2022) showed that 70 percent of citizens perceived plea bargaining negatively, associating it with corruption.
Arhedo stressed that this misconception prevents the fair and effective application of plea bargaining, particularly for indigent defendants who could benefit from faster resolutions.
The JDPCI Executive Director maintained further that suspended sentencing (Section 460), which provides an opportunity for a convicted person to avoid incarceration if certain conditions are met, is seldom applied.
He lamented that situation is more pathetic as many judges and law enforcement officers remain untrained or unfamiliar with the provisions of the law and as a result, even minor offenders are sent to overcrowded correctional centres, which further exacerbates the issue of prison congestion.
He opined that the Nigerian Prisons Service (2023) reports that over 75 percent of inmates in Edo State correctional centres are awaiting trial, many of whom could benefit from alternatives to custodial sentencing.
He further argued that parole and non-custodian sentencing offer rehabilitative alternatives to incarceration, helping offenders reintegrate into society under supervision.
He said however, the infrastructure and expertise required for effective parole management remain insufficient in Edo State as a result, these provisions are rarely used, and the public continues to view incarceration as the only form of punishment.
He added that the failure to employ these alternatives has contributed to a correctional system where, according to a 2022 report by the Prison Reform Network, correctional centres in Edo State operate at over 150 percent capacity.
He pointed out that the ACJL in Edo State focuses on restorative justice, which prioritizes rehabilitation and reparation over punishment.
He said this approach aims to repair harm caused by crimes, promote healing, and reduce recidivism rates and that in restorative practices, the law encourages mediation, reconciliation, and compensation to victims. While in rehabilitation ACJL emphasizes rehabilitation programmes for offenders to address underlying issues
The lack of public and judicial awareness regarding these progressive legal provisions has resulted in severe overcrowding in Edo State’s correctional centres.
The over-reliance on custodial sentences, even for minor offences, leads to prolonged pre-trial detention and human rights violations. According to the Nigerian Correctional Service (2023), Edo State correctional facilities are currently housing inmates at double their intended capacity, with many prisoners awaiting trial for minor, non-violent offenses that could have been resolved through plea bargains, suspended sentencing, or non-custodian sentences.
He said the public perception of the justice system in Edo State is increasingly negative, with many viewing it as either too lenient on criminals or disproportionately harsh on minor offenders.
The Reverend Father said based on the wrong perceptions being held by Nigerians, he is calling on the media to help bridge the gap by sensitizing the public on the usage of the ACJL.