THE NECESSITY OF NON-CUSTODIAL SENTENCING AND RESTORATIVE JUSTICE IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA

Onuigbo, Ifeanyi Anthony and Nkolo, Ezechi Cyril (2024) THE NECESSITY OF NON-CUSTODIAL SENTENCING AND RESTORATIVE JUSTICE IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA. African Journal of Law and Human Rights (AJLHR), 8 (2). pp. 171-176.

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Abstract

The primary aim of the entire criminal justice policy is to guide the society as to the contents of substantive criminal law, procedural steps to be taken to bring suspects to justice, reintegration of suspects into the society and compensation of victims of crime. The traditional approach to criminal justice administration supports the idea of retaliation or punishment for offenders. Deterrence, atonement and retribution are at the heart of the criminal justice system. It is argued that adopting non-custodial sentencing and restorative justice may yield better results than over-reliance on punishment. The retributive custodial form of sentencing has several demerits inclusive of recidivism, creating career criminals, high cost of maintaining custodial facilities, overcrowded prisons and inadequate facilities for the rehabilitation of offenders. Worse still, even the deterrent effect of this obnoxious system remains questionable. On the other hand, restorative justice as an alternative adopts humane, non-punitive strategies to right wrongs and restores social harmony. It promotes accountability through reconciliation and reconnection to the community. It ensures that offenders are reconciled with their victims and the community outside of the traditional criminal justice system. Instead of the imprisonment option, the judge has a wide array of non-custodial sentencing alternatives available for him to choose from, thanks to the Administration of Criminal Justice Act and related laws. This paper recommends that the judiciary put into full effect these prescriptions, and practitioners are also to recommend these alternatives to the judges when the need arises.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: Uchenna Eneogwe
Date Deposited: 23 May 2025 12:28
Last Modified: 23 May 2025 12:28
URI: http://eprints.gouni.edu.ng/id/eprint/4645

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