A CRITICAL EXAMINATION OF THE CONCEPT OF CORRECTIONAL SERVICE UNDER THE NIGERIAN CORRECTIONAL SERVICE ACT 2019; A CASE STUDY OF I MEDIUM SECURITY CUSTODIAL CENTER, YOLA OLD

CHAPTER 1

INTRODUCTION

1.1 Background to the Study-

At the beginning of interpretation and literal meaning of the Nigerian Correctional Service Act, one would know that the purpose of the Act is to rehabilitate and correct the prisoners, to become better people than they were before committing the offense for which they are being held. Nigeria enacted the Nigerian Correctional Service Act, 2019 (the Act) on July 31, 2019, repealing the

Prisons Act^[1] that had been in place up until that point. After being in effect for 47 years, from 1972, the now-repealed Prisons Act was outdated in several ways.^[2] For instance, it lacked any definite goals and said nothing at all about the reformation/rehabilitation paradigm, which is the mainstay of contemporary correctional policy. It was also practically deficient and just touched the surface of issues about the well-being of correctional employees and inmates. The Prisons Act of 1972 was primarily designed to establish guidelines for the careful oversight of correctional facilities for those who had broken the laws of the federation and the states, as well as for the overall administration of correctional centers in Nigeria.^[3] In addition, the service was left battered and with an unrealized obscured purpose due to developing congestion in the aged correctional centers in Nigeria, cruel treatment of inmates, and weak and insufficient human and material resources (both quantitatively and qualitatively).^[4] Instead of engaging the detainees in a meaningful way, the correctional centers' main priority in these situations were containment, to

dehumanize and enrage them.⁵

The goal of an ideal correctional system is to deter people from committing crimes and lower the likelihood that inmates who have served their time would not commit crimes again after they leave the system. A cursory look at the people entering and leaving Nigerian correctional institutions suggests that there are issues with the system.⁶ Therefore, in terms of having a beneficial influence on the lives and careers of prisoners, Nigeria's correction systems have fallen short of expectations. In light of this foundational context, the Nigerian Correctional Service Act (NCSA) was enacted with a distinctly articulated purpose, contrasting sharply with the previous Prisons Act, which lacked any clear objectives. The Nigerian Correctional Service Act of 2019, as laid out in Section 2, outlines the service's aims:⁷(1)To ensure compliance with international human rights standards and good correctional practices (2)To provide an enabling platform for the implementation of noncustodial measure (3) To enhance the focus on corrections and promotion of reformation, rehabilitation, and reintegration of offenders (4) To establish institutional, systematic, and sustainable mechanisms to address the high number of persons awaiting trial.

Basically the ideals of correctional institutions are reformation, rehabilitation, and reintegration are now the service's main priorities. However, the situation in Nigerian correctional centers seems to be mostly unaltered despite this legislative shift. The system is nevertheless burdened by issues such as overcrowding, poor infrastructure, inadequate staff training, and a lack of efficient rehabilitation programs. Ex-offenders are ill-prepared to reintegrate into society and are more likely to commit crimes again because correctional institutions, rather than serving as places to correct behavior, appear to have turned into havens for greater criminal activities. Although the Act's goal is to bring Nigeria's correctional services into line with international best practices, there is rising apprehension as to whether the modifications were merely symbolic, changing simply the

⁵   Vearumun Vitalis Tarhule, “Synoptic Appraisal of the Nigerian Correctional Service ACT, 2019,” Benue State

University 3, (2019-2020: 2-3, https://bsum.edu.ng/journals/files/law/vol9/article1.pdf

⁶   Emeka E Obioha, ‘Challenges and Reforms in the Nigerian Prisons System,’ Journal of Social Sciences, 27, no. 2

(2011): 95 – 109,

https://www.researchgate.net/publication/234093605_Challenges_and_Reforms_in_the_Nigerian_Prisons_System

⁷   section 2, Nigerian Correctional Service Act.

names of the institutions involved without resulting in substantive reform on the ground. An immediate assessment is necessary due to the discrepancy between the Act's stated objectives and the actual state of Nigerian correctional facilities.

In addition, ex-offenders in Nigeria often face significant challenges upon release, including societal stigmatization and limited opportunities for reintegration. Public mistrust of the Nigerian Correctional Service further exacerbates these difficulties, leading to skepticism about the effectiveness of correctional facilities in truly rehabilitating inmates. Furthermore, the absence of robust post-release support systems such as probation officers, structured reintegration programs, and employment assistance creates a cycle where ex-offenders struggle to reintegrate, increasing their chances of reoffending. While the Nigerian Correctional Service Act 2019 was introduced to address these concerns, questions remain as to whether its provisions have translated into meaningful improvements in the correctional system. This raises concerns about the practical implementation of reformation, rehabilitation, and reintegration within Nigerian correctional centers.

1.2 Statement of the Research Problem-

A penitentiary, also known as a correctional facility, is a location set aside by law to hold prisoners who have either been found guilty or held in custody pending trial, these are not prisoners but people awaiting trial. Over the years, the correctional facility's purpose and underlying philosophy have changed from being purely punishing and retributive to being centered on reformation and rehabilitation. To help people who are serving terms for crimes they have committed reflect on their acts, acquire new pro-social skills and behaviors, and transition to a non-offending way of life, inmates are placed in penitentiaries. To ensuring these ex-offenders are adequately prepared to reintegrate into society after their release, is the aim of correctional service.

There is little evidence that the goals of the Nigerian Correctional Service Act, 2019, which was passed, have been achieved, even though the Act's purpose was to change the prison system into one that is more rehabilitative than punitive. Much of the planned transition from punitive incarceration to correctional rehabilitation—which was supposed to lower recidivism and make it easier for formerly incarcerated individuals to reintegrate into society—has stayed in theory. In actuality, deplorable living conditions, insufficient rehabilitation programs, and restricted access to formal education or career training continue to be features of Nigerian correctional facilities. Higher rates of recidivism result from these systemic issues, which have not only failed to rehabilitate offenders but also, in many cases, made their behavior worse. This is especially true for misdemeanor offenders, who are admitted to the system for relatively small offenses but are exposed to more experienced offenders, which may increase their likelihood of committing crimes in the future.

Instead of being viewed as a center for reformation and rehabilitation, the so-called "correctional homes" are instead thought of being a criminal education centre. Some people believe that prison serves as a school for criminals and that prisoners develop into more skilled and seasoned offenders. Inmates in the Nigerian correctional homes increasingly frequently experience recidivism. This applies to both male and female prisoners held in Nigerian Correctional homes. The inability to successfully rehabilitate criminals has also contributed to the stigmatization of exoffenders in society, with the general public considering them to be dangerous and unreliable. 

The stigmatization of ex-offenders is exacerbated by a lack of trust in the Nigerian Correctional Service's capacity to reform inmates, leaving them without sufficient social and economic support after their release. Furthermore, the Act's pledges to upgrade the system, hire staff with greater training, and provide post-incarceration support programs like probation services have not yet been fully fulfilled. On the other hand, several other nations have effectively changed their penal systems and considerably decreased recidivism rates by implementing thorough rehabilitation initiatives. The divergence between the theoretical goals of the Nigerian Correctional Service Act of 2019 and the practical realities of the Nigerian Correctional Service system, therefore, is the root of the problem. By analyzing the Act and assessing its application, this study aims to close this gap. 

1.3 Research Questions-

i.             What is the concept of correctional service? How is it integrated into the Nigerian Correctional Service Act, 2019?

ii.           To what extent have the rehabilitation programs introduced under the Nigerian Correctional Service Act succeeded in reducing deterring offenders?

iii.         How has the implementation of the Nigerian Correctional Service Act, 2019 impacted the concept of rehabilitation, reformation and reintegration programs at the Medium Security Custodial Center, Yola?

iv.          What are the major challenges faced by the Medium Security Custodial Center, Yola, in achieving the objectives of the Nigerian Correctional Service Act, 2019?

1.4 Research Objectives –

i.           To examine and evaluate specific sections of the Nigerian Correctional Service Act, 2019 aimed at the rehabilitation of offenders.

ii.         To assess the changes in the treatment of offenders and operations of penitentiaries following the enactment of the Nigerian Correctional Service Act, 2019.

iii.        To measure the effectiveness of rehabilitation programs in reducing recidivism and fostering offenders’ reintegration into society. iv. To identify and analyze external socio-economic barriers hindering post-incarceration rehabilitation and reintegration of offenders.

1.5 Justification of the Research-

This study is significant as it assesses the impact of the Nigerian Correctional Service Act, particularly in terms of rehabilitation and reducing recidivism. The findings will be beneficial to policymakers and legislators, as they will provide insights into whether the Act has achieved its intended objectives or if further reforms are necessary. Correctional officers will also benefit, as the study will highlight areas that require improvement in inmate rehabilitation programs. Additionally, inmates and ex-offenders stand to gain, as the research seeks to address the challenges they face in reintegration. Finally, legal practitioners, criminologists, social workers and researchers will find the study valuable in evaluating the effectiveness of correctional policies in Nigeria.

1.6 Scope of the Study-

This study attempts to evaluate the Nigerian Correctional Service Act 2019's definition of correctional services, with a focus on its implementation at the Yola Correctional Facility. The study aims to determine how well the Act's theoretical foundation corresponds to its practical application in Nigerian penal institutions, particularly, Yola Correctional Center. This study will examine the rehabilitation procedures and outcomes at the Yola Correctional Facility to determine the effectiveness of correctional services in addressing offender rehabilitation and reducing recidivism. It will also look into systemic issues, such as resource constraints, institutional practices, and socioeconomic variables, that may impede the Act's successful implementation at Yola Correctional Center. The purpose of this research is to provide insights into the practical reality of correctional services in Nigeria particularly Yola and identify potential for improvement in harmonizing the objectives of correctional facilities.

1.7 Research Methodology-

The doctrinal method, sometimes referred to as the armchair approach, entails examining both primary and secondary legal sources, including books, scholarly articles, statutes, case law, legal instruments, and treaties. There will be a critical analysis of the Nigerian Correctional Service Act, 2019, with an emphasis on the clauses pertaining to reintegration and rehabilitation. Interviews with important authorities at the Yola Medium Security Custodial Centre will be used to gather qualitative data as part of the empirical approach. To evaluate how well rehabilitation and reintegration strategies are being implemented in practice, structured questions will be asked of pertinent staff members. The investigation of this case study will shed light on the difficulties and efficacy of the correctional policies in the Nigerian penal system.