Prison Congestion: Lawyers Push For Restorative Justice System

Lawyers have thrown their weights behind the Federal Government’s call on stakeholders in the justice sector to actively embrace and promote the principles of restorative justice in conflict resolution.

The lawyers while noting that the system could help in tackling the twin problem of cases and prison congestion, however called for caution in its implementation to avoid undermining the rule of law. AKEEM NAFIU reports

Some senior lawyers have advocated for the adoption of restitution and community service over imprisonment for certain offences, particularly in cases where the offender admits to wrongdoing as a way of curbing the twin problem of cases and prison congestion in the country.

They spoke amidst the clamour by the Federal Government for stakeholders in the justice sector to embrace and promote the principles of restorative justice in conflict resolution.

The lawyers while lauding the initiative noted that restorative justice system is a more humane way of dealing with offenders, potentially reducing the strain on the prison system, while allowing individuals to make amends directly to society. They however called for a proper structuring of the system in a way to deter criminality.

It would be recalled that the Federal Government through the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), had last week emphasised the need for a shift from punitive measures to healing, accountability and reconciliation in the nation’s justice system.

Fagbemi spoke at a two-day sensitisation workshop for Facilitators on implementing Restorative Justice in the Federal Capital Territory, FCT, Abuja.

The AGF who was represented at the event by the Director of Public Prosecutions of the Federation, Mohammed Abubakar, sought for synergy among lawyers, community leaders and policymakers towards integrating restorative practices into the nation’s justice system.

He opined that fostering a culture of restoration not only benefits victims, but also plays a crucial role in rehabilitating offenders and strengthening community ties. “While we are excited about the potential of restorative justice, we must also acknowledge the challenges ahead.

Implementing restorative justice in the FCT will require a shift in mindset, both among stakeholders and the public. There may be resistance from those who are used to the traditional disciplinary justice system. “Restorative justice offers a chance to humanize the justice system, making it more responsive to the needs of victims and offenders alike.

It offers a way to address the root causes of crime and conflict, rather than merely punishing the symptoms and most importantly, it offers a path to healing for individuals and communities.

“As we move forward, let us remember that restorative justice is a shared responsibility. It is not the sole domain of any one group or institution. Success will depend on how well we collaborate, communicate, and support one another. The journey ahead will require commitment, open-mindedness and a willingness to adapt”, the AGF said.

Restorative justice offers a chance to humanize the justice system

Speaking at the event, the Director of Administration of Criminal Justice and Reforms Department, Mrs. Leticia Ayoola-Daniels, said the workshop was put together for stakeholders to deepen their understanding of restorative justice, align efforts and ensure that its implementation is effective, coordinated and impactful.

She said: “Restorative Justice, as we all know, offers an inclusive approach that seeks to heal rather than simply punish. It engages offenders, victims and the community in a meaningful way, promoting accountability, healing and rehabilitation”.

In his submissions, the traditional ruler of Kwali, Etsu Luka Ayedoo, emphasised the need to carry traditional rulers along in the implementation of restorative justice system. “Like I said earlier, restorative justice is our traditional system of dispensing justice. So, we own it. What we have today is a system taken from us but garnished with some icing.

The current justice system we have does not give a direct place for the traditional institutions to be involved. And yet, they own and they’ve been the lead role players in restorative justice in our communities”.

FG’s support for Restorative Centres Prior to the convening of the sensitization seminar, the Federal Government had pledged his support for the establishment of Restorative Justice Centres across the country.

The Federal Government made the pledge through the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) at an event tagged; “Validation Session of Restorative Justice Documents: the Policy, Bill, Practice Direction and Training Manual”, held at the Ministry of Justice in Abuja.

The programme organized by Federal Ministry of Justice was sponsored by United Nation Office on Drugs and crime (UNODC). Speaking through the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Beatrice Jedy-Agba, the AGF said: “These centres will run as forms of alternative dispute resolution and will be deployed as tools for decongesting many of the less serious cases in the docket of the courts.

This will invariably decrease the overcrowded correctional centres. “It is proposed that the centres will receive referrals from the police, courts and prosecutors to settle some criminal matters amicably.

“The criminal justice system faces tremendous challenges, ranging from recidivism, prolonged duration for trials, overcrowded custodial centres and the failure of punishment for offences to meet with standards of justice for the victims and survivors of crime.

“These challenges are addressed through restorative justice mechanisms, with the overall objective of improving the criminal justice system.

“Restorative Justice is an evolving approach to justice that seeks to repair harm by providing an opportunity for those harmed and the perpetrators to communicate and address needs in the aftermath of a crime “It gives offenders an opportunity to make amends and to try to correct some of their wrongs and hurt which they may have caused to their victims.

“It is also an innovative approach that has been known to reduce re-offending rates by making the offenders face the consequences of their action.

“Victims are empowered to participate more fully than in the traditional system, and the community also has an important role to play by establishing standards of conduct and helping to provide support to the parties involved. “I hope that the validation and eventual passage of these legal and regulatory frameworks will serve as model to be adopted by the states”.

In his remarks, the Inspector General of Police (IGP), Kayode Egbetokun, assured of the police readiness to play its part in order to join in building a more inclusive justice system.

He promised that the police will champion adoption of the restorative system. Egbetokun said: ’’As we review and validate these documents, I urge us to prioritize a justice system that encourages re-integration, the police is committed to working with all stakeholders. ’’The concept holds immense potential for nation legal frame work.

It encompasses policy, practice direction and training manual of restorative justice”. In her comments, a representative of the United Nation Office on Drugs and crime (UNODC), Ms Muchaneta Mundopa, said the documents emphasise Nigeria’s dedication to the Sustainable Development Goals, particularly Goal 16, which focuses on peace, justice and strong institutions.

“UNODC believes that restorative justice can play a crucial role in achieving this goal by addressing the underlying causes of conflict and promoting a culture of dialogue and understanding within communities.

“We recognise that adopting these documents is the first step in establishing a criminal justice system that provides an opportunity to all affected parties. “However, the true impact will be experienced through the implementation phase of restorative justice,’’ she added.

Lawyers speak

In his view as to what extent the adoption of a restorative justice system can help in overcoming the twin problem of cases and prison congestion, a Senior Advocate of Nigeria (SAN), Professor Mike Ozekhome, highlighted the advantages of focusing on restitution and community service over imprisonment for certain offences, particularly in cases where the offender admits to wrongdoing.

Ozekhome explained that under a restorative justice model, if someone is found guilty of theft and acknowledges his crime, instead of a jail term, the individual could be assigned social duties. “For example, if the individuals have admitted and restored the stolen money, there’s no need to send them to prison.

“You can give them assignments where they report for work every morning, contributing to society. That should be enough if they have shown remorse,” he stated. However, Chief Ozekhome said he would not support leniency without accountability, just as he emphasized that while the restorative approach focuses on community service, rather than incarceration, it should still require restitution.

According to him, “The act of stealing has been completed, and the person must be held accountable through restitution. But this does not necessarily include sending the person to prison,” he added. The SAN declared that this model provides a more humane way of dealing with offenders, potentially reducing the strain on the prison system, while allowing individuals to make amends directly to society.

Professor Ozekhome opined that such alternatives could contribute significantly to decongesting Nigeria’s overcrowded prisons while, offering offenders a chance at rehabilitation outside the confines of prison walls. Another SAN, Chief Mike Ahamba, explained that restorative justice focuses on accountability and rehabilitation rather than solely relying on imprisonment.

He noted that if an offender, such as someone who has committed theft, admits to their wrongdoing, a more suitable alternative might be assigning them community duties instead of jail term. Ahamba said: “For example, if a person has admitted and restored the stolen money, there’s no need to send them to prison.

“You can give them assignments where they report for work every morning, contributing to society. That should be enough if they have shown remorse”. The silk further stressed that while restorative justice emphasizes rehabilitation, accountability remains a crucial part of the process.

He was opposed to the idea of merely letting offenders go without any consequences. According to Ahamba, this approach could significantly alleviate the congestion in Nigerian prisons while ensuring that offenders make meaningful contributions to their communities.

He believes that restorative justice offers a balanced way to deal with minor offences, focusing on the offenders’ capacity to reform and make amends outside the confines of a prison cell. For Dr Abiodun Layonu (SAN), he expressed reservations concerning the adoption of a restorative justice system in Nigeria, particularly regarding its potential to reduce prison congestion and accelerate the resolution of court cases.

While outlining the critical need for a balanced approach, emphasizing the importance of maintaining convictions even when offenders seek to make amends, Dr Layonu noted that restorative justice which allows offenders to make restitution for their crimes instead of serving a prison sentence, might be seen as a way to alleviate the strain on the court and prison systems.

The SAN, however, argued that the approach could encourage criminal behaviour if not properly structured. “If a person steals something, and then it’s discovered, and they decide

Restorative Justice offers an inclusive approach that seeks to heal rather than simply punish

to return it, it shouldn’t be the end of the matter. “What if they were not discovered? Or if they cannot return what was taken?

A lack of consequences could encourage others to take similar risks”, Layonu said. He further distinguished between the problem of case backlogs in the courts and the issue of prison congestion, arguing that they are separate challenges.

The SAN pointed out that current legal frameworks already allow for quicker trials when an offender confesses, which can lead to reduced sentences. “If an offender admits guilt, the trial is shortened, and the court considers this when passing a sentence.

“This can lead to a lighter sentence, but a conviction remains necessary,” he explained. Dr Layonu emphasized the importance of ensuring that a conviction is recorded, even when offenders show remorse and make restitution. He believes that this is crucial to deter future offences and maintain the integrity of the justice system.

“It is not the length of the sentence that matters, but the fact that a conviction is on record. “To allow offenders avoid conviction entirely by simply returning what they took would be a flawed policy,” he argued.

While Layonu conceded that restorative justice could be beneficial in reducing prison congestion, especially for non-violent offences, he stressed that the system must still involve convictions and sometimes custodial sentences.

He expressed support for the concept only to the extent that it would lead to faster trials and reduced waiting times for those awaiting trial.

He said: “If it allows for a quicker trial process and shorter custodial sentences, then I support it, but only to that extent.” Dr Layonu warned that while the approach may offer some solutions to Nigeria’s congested prisons, it must be implemented with caution to avoid undermining the rule of law.

Another lawyer, Abdul Wahab Olawale, emphasized that the traditional role of punishment in criminal cases should extend beyond merely inflicting suffering, aiming instead to rehabilitate offenders and reintegrate them into society. “The essence of punishment, particularly in criminal matters, is not just for punishment’s sake.

It is for the person to be restored to normalcy, to think like a right, sane, and normal person in society,” Olawale said. He stressed that the aim of the legal system should be to provide offenders with opportunities to reflect on their actions, feel remorse, and eventually realign themselves with societal norms.

In his comments, a senior lawyer, Peter Erivwode, submitted that the adoption of restorative justice principles in Nigeria could significantly help address the issues of case backlog otherwise known as congestion and prison congestion. “There are couple of things that can be achieved with it Restorative justice emphasizes repairing harm through dialogue and understanding, rather than solely punishing offenders.

This shift can lead to more satisfactory resolutions for victims, potentially reducing the number of cases that proceed to formal court processes. “Restorative practices often involve mediation and other ADR methods, which can help resolve disputes outside of the traditional judicial system.

This can alleviate the burden on courts and expedite conflict resolution. “By involving community members in the justice process, restorative justice fosters a sense of collective responsibility. This can lead to better outcomes and community support, which may prevent future offenses and reduce recidivism.

“Restorative justice offers alternatives to incarceration for certain offenses, particularly minor ones. This can lead to lower prison populations and help address overcrowding issues. “With a focus on resolution rather than punishment, the legal process may become more efficient.

This can help reduce the backlog of cases, allowing the judicial system to function more effectively. “Restorative justice often includes elements that support offenders in making amends and reintegrating into society, which can contribute to lower reoffending rates and further ease the strain on the prison system.

“Successful implementation will require changes in policy and significant training for legal professionals, law enforcement, and community leaders. Building a restorative justice framework is essential for its effectiveness.

“In conclusion, while the transition to a restorative justice system will require time and effort, its adoption could lead to a more effective and humane justice system that addresses both the issues of congestion and prison congestion in Nigeria”.