EFFECTIVENESS OF NON-CUSTODIAL SENTENCES IN DECONGESTING CORRECTIONAL INSTITUTIONS IN NIGERIA

Abstract

The Nigerian Correctional System currently grapples with severe overcrowding, which has remained unhealthy for our Criminal Justice System. The study, as part of efforts to provide a sustainable solution to this precarious issue, aimed at examining the effectiveness of non custodial sentences towards decongesting correctional institutions in Nigeria, with lessons from the Awka Custodial Centre. The Differential Association theory propounded by Edwin Sutherland served as the theoretical framework for the study. Mixed-methods design with a multi-stage sampling technique was used. A total of 400 respondents aged 18 years and above were randomly selected from the study population of 1,920, and data were collected through a structured questionnaire and in-depth interviews. The data were presented, analysed and evaluated using descriptive statistics, including percentages, frequency distribution tables, and charts. The interviews were transcribed and evaluated using thematic data analysis. The study findings show that many respondents see non-custodial sentences as being effective in decongesting Awka Custodial Centre. The study equally identified barriers to the effectiveness of non-custodial sentences in decongesting Awka Custodial Centre. These barriers were found to include lack of funding, inadequate legal and policy frameworks, stigmatisation of convicts by the locals, corruption and overreliance on pre-trial detention. Amidst the barriers, it was recommended, amongst others, that there be an urgent need for the promotion of non-custodial sentencing over minor offences. The study concluded that correctional facilities’ congestion in Awka and across Nigeria is driven more by slow trials, excessive use of remand, and systemic delays than by the absence of non-custodial sentences alone. Without addressing these root causes, non- custodial sentences alone cannot solve the overcrowding crisis in the Awka Custodial Centre.