KIULJ Volume. 3, Issue 2 (2019)

Contributor(s)

Gloria Shajobi-Ibikunle+++Gabriel Adenyuma
 

Keywords

Community Service Crime Nigerian Correctional System; Offender Punishment.
 

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An Appraisal of Community Service as a Noncustodial Sanction Under The Administration of Criminal Justice Law Of Lagos State and the Administration of Criminal Justice Act Of Nigeria

Abstract: Imprisonment is one of the frequently used penal sanctions in Nigeria. It partly accounts for why the Nigerian Correctional system is over- crowded and facilities grossly inadequate to ensure effective rehabilitation of convicts. Therefore, Community service is one of alternate measures taken to divert offenders from prison, whereby certain class of offenders are required to serve their punishment doing work regarded as beneficial to the community. This paper examined the provisions of the Administration of Criminal Justice Act (ACJA) 2015; a federal legislation which introduced community service to federal jurisdiction in comparison to the Administration of Criminal Justice Law (ACJL) of Lagos State which blazed the trail. The article utilized doctrinal research method by a critical analysis of community service provisions of both statutes, identified provisions militating against effectiveness of community service and made recommendations on how to improve its operations. The research found that community service as a penal sanction is more in tune with the philosophy of traditional African punishment. Further, that whilst it should not be viewed as a panacea to prison congestion, it does have a clear benefit of keeping first time offenders and offenders of minor crimes from prisonization and its attendant side effects. Recommendations made include the fact that community service work should not only benefit the community but also exact service in the area of professional/specialized competence of the convict as well as confer work skill & values. The provision requiring guarantor of financial means is counter -productive as it is tantamount to a bail provision, instead a salutary member of the community will suffice. The paper further recommends that community service is too vital to be left solely to the Judiciary so non-governmental organizations should be encouraged to assist in placement places.