Criminal justice reform has been identified as very imperative in Nigeria's democratic transformation. This is so because the country's criminal law and indeed the entire jurisprudence, which were bequeathed to the country by the colonial masters are now obsolete, lawyers told Daily Trust last week.

The argument has hinged on the fact that criminal justice has failed to meet its primary purpose of achieving justice, reducing crime and providing equal protection for the citizenry. Rather than remain an institution for functional behavioural reformation and restoration of the individual offenders and convicts, Nigerian criminal justice system, beginning from the Police through the Courts and Prisons, have been anything but effective, most of them argued.

Thus, the increasing cases of kidnapping, armed robbery and thuggery have been attributed to the ineffectiveness of the system. In addition, most of the criminals are actually believed to have honed their devious skills in the prison yards. There are no adequate resources to effectively investigate and prosecute cases, therefore, what you have are haphazard measures. Our prison system, they say, risk total collapse in the nearest future.

Professor Kelvin Nwosu a former Director Academics of the Nigerian Law School had argued that the country's legal system which places much emphasis on retributive rather than restorative justice "has given rise to lack of remorse on the part of offenders who now demand proof of their culpability during trial rather than show remorse."

Nwosu, who was speaking in Abuja during the launch of the book: "Current Issues on Sentencing, Custodial Reforms and The Criminal Administration in Nigeria", written in honour of Justice Lawal Hassan Gummi, the Chief Judge of the Federal Capital Territory High Court, wondered why the sentencing and custodial option should be adopted and thereafter public funds are spent again to decongest the prisons.

While speaking with Daily Trust recently, Nwosu further advocated the use of Restorative Justice options such as plea bargaining, bail process and victim-offender mediation. He argued that this takes cognisance of the underlying issues involved in an offence which ranges from sociological, psychological and economical. He further stated that it seeks to adopt the alternative measures stated earlier in dealing with the offender.

He added that the Nigerian legal system proffers stiff penalties which are in reality unenforceable which makes a mockery of the whole system. "In fact some cases they even try as criminal should actually have come under neighbourhood and family cases if properly assessed and isolated," he said.

While making his contribution, Chief Amaechi Nwaiwu (SAN) asserted that there is urgent need to overhaul and reform the criminal justice system in the country. This, he said, will introduce speedy trial of criminal matters, suspended sentencing and community work in lieu of actual sentencing to decongest the prisons most of which were handed over by the colonial authority.

"In addition, we have to review our criminal code and penal code to remove colonial-based laws most of which were made to stifle the demand for independence. For instance, the law of sedition in our criminal code held to be undemocratic and inconsistent with the right to freedom of expression by the Court of Appeal in Arthur Nwankwo and The State, yet it is in our code", he noted.

In his own opinion, Barr Goddy Uche insists that our criminal laws are outdated having been handed down by the colonial masters. Pointing out the conflicting laws establishing the ICPC and EFCC, he advocated a holistic review of the criminal justice system with reference to the Penal and Criminal Codes. He argues that fines should be reviewed to take cognisance of inflationary trends.

"Imagine where someone stole N100 million and upon conviction he is made to pay just N2,000 as fine. It makes a mockery of the whole system", he said.

Barr Ernest Idima while admitting that the issue of congestion is a source of concern, recommended a reform in which inmates are reformed not only through teaching of skills but made to give free labour and instilled with patriotic zeal through being used in road construction, large scale agriculture, environmental cleanliness and other ventures which can generate revenue from organisations to the prisons service.

But the Public Relations Officer of the Nigeria Prisons Service, Kayode Odeyemi, an Assistant Comptroller of Prisons, has debunked the claim that the prisons system are collapsing. While admitting that the infrastructure in the prison yards is old due to long years of use, he said the service, within its limited resources, has built new cells, expanded existing ones and added other facilities for the comfort of inmates and staff alike.

He further stated that several inmates undergo training in various skills while those who wish to continue their education have written various exams which have qualified them for university admission like the National Open University which has established study centres in the prisons.