Nigeria: Prison Congestion - NGOs Task Federal Govt, States On Non-Custodial Special Fund

23 January 2023

Non-governmental organisations have asked federal and state governments to urgently activate the Non-custodial Special Fund to achieve prison decongestion and reformation of first-time minor offenders in the country.

Two leading NGOs, Legend Golden Care Foundation (LGCF) and Hope Behind Bars advocating prison reforms and sustained provisions for well being of inmates in Correctional Facilities, yesterday pushed for activation of Non-custodial Special Fund to facilitate the reformation of offenders serving non-custodial sentences.

Already the two NGOs have launched the "Accelerating Justice Reform in Nigeria (AJURN) Project aimed among other thing to ensure the rapid decongesting of the correctional centres as well as reformation of non-custodial offenders.

Executive director of Legend Golden Care Foundation, Mrs. Kanayo Olisa-Metuh and her Hope Behind Bars counterpart, Mrs. Funke Adeoye who made the position of their NGOs known during a visit to the Nigeria Correctional Service, FCT Command Gwagwalada at the weekend, insisted that the activation and funding of the Non-custodial Special Fund is the first major steps towards achieving the desired reforms in the Correctional Service.

The NGOs observed that the whereas Section 44 of the Nigeria Correction Service Act (NCSA) 2019 clearly provides for the Custodial and Non-custodial service, only the custodial service with its many challenges is operational while the non-custodial service, "almost exists only on paper".

Stressing on the demand of the NGOs, Mrs. Kanayo Olisa-Metuh lamented that the "absence of the non-custodial service is responsible for high rate of recidivism because minor offenders end up as inmates in Correctional Centres where they are exposed to convicted felons; a situation that turns the Correctional Facilities into criminal grooming grounds.

"What is the point of sending someone, especially a first-time offender of a misdemeanor to the center when the correctional service act advocates for the use of restorative justice and community service?" She wondered.

Olisa-Metuh further emphasized that activating and properly funding the making the non custodial service will drastically reduce prison congestion, reduce crime rate and boost restorative justice in the country.

In the same vein, Executive Director of Hope Behind Bars, Mrs. Funke Adeoye, reiterated on the need for multi-sectoral intervention in both the Custodial and Non-Custodial Service.

"That is why we are collaborating as organization and we will continue to work with the Correctional Service and the other arms of the justice system like Judiciary, the Legislature and other stakeholders to ensure that our desires for the justice system in Nigeria and the prison are achieved" she said.

Olisa-Metuh and Adeoye therefore urged the Federal and State governments to steps up their financial obligations under S.44(a) of the NCSA Act to foster the sustainability of the non-custodial section by immediately funding the Special Non-custodial Fund as well as providing for the punishing the misdemeanors and simple offences with alternative measures like community service instead of incarceration in Correctional Facilities

They also called on Federal/State Ministries, Departments and Agencies as well as all other private and public stakeholders to key into the process of raising the necessary funds and taking immediate steps to ensure the payment into the Special Non-custodial Fund such funds as provided in Section 44(b) of the NCSA.

Section 44 of the NCSA (2019) provides that "There shall be the special Non-custodial fund to be administered by the National Committee on Non-custodial Measures into which there shall be (a) such sums as may be provided by the government of the Federation or a state for payment into the Special Non-custodial Fund, (b) such sums as may be paid by way of contribution under or pursuant to provisions of this Act or pursuant to this Act or any other enactment and (c) all sums accruing to the Non-custodial Service by way of gifts, testamentary disposition, contributions from philanthropic persons or organizations."

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