From Law to Reality: Institutional and Resource Barriers to Correctional Reform in Nigeria
Doris Aaron, Abulu Peter Odion, Umar Musa Padah, Abiodun Amuda–Kannike San
National Institute for Legislative and Democratic Studies, Federal University, Kwara State University
The Nigerian Correctional Service Act, 2019, enacted to replace the obsolete Prisons Act and introduce rehabilitative, non-custodial corrections aligned with international human rights standards, has failed to achieve its progressive objectives more than six years after its enactment. This article undertakes a doctrinal comparative analysis of the Nigerian and United Kingdom correctional legal frameworks, arguing that the persistent failures of overcrowding (60% above capacity with 67% awaiting trial), corruption, rights violations, and the near-complete non-implementation of non-custodial measures are directly attributable to institutional, resource, political, cultural, and systemic barriers that impede the translation of legislative intent into practical reality, rather than merely resource constraints. Adopting a doctrinal legal research methodology, the article analyses statutes, case law, reports, and secondary literature, drawing comparative insights from the United Kingdom. The major finding is that the implementation gap is rooted in chronic underfunding, institutional resistance to change, corruption, legislative fragmentation, cultural attitudes, and political indifference, all of which are exacerbated by drafting deficiencies in the NCS Act. The article recommends fundamental legislative redrafting to convert duties into rights and exhaustive definition of non-custodial measures, establishment of an independent inspectorate, ombudsman, and sentencing council, increased budgetary allocation, and the development of community engagement frameworks for restorative justice programmes
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