Rethinking the Nigerian Penology Policy and a Possibility for Non-Institutionalized
System of Correction
Punishment is a widely recognized rational response to deviant behaviour considered as threatening recognized norms and defined social relationships. All human societies recognize the meting out of punishment to an offender who violates the laws and rules of a society (Obioha, 1994). Punishment is an activity or practice of imposing something unpleasant or aversive on a person or animal in response to a disobedience or behaviour deemed to be morally wrong.
Punishment is an end-product of sentencing in a case where a defendant has been found culpable for an offence after an impartial judicial proceeding, during which criminal responsibility is established (Schamalleger, 2007). A critical examination of the Nigerian policy on penology makes advocacy for a non-institutionalized system of correction of offenders to become imperative. Sentencing policy and penology in Nigeria reveals a picture that is overtly primitive, as well as punitive where imprisonment is more favoured than any other more humane non-institutional disposition methods (Ogaga, 2007).
Non-institutionalized or community based corrections refers to various types of therapeutic, support and supervision programmes for criminal offenders, which could come in form of probation, parole, suspended sentence, restitution, community services among others (Adler, 1984). Probation connotes the release of a prison-bound offender into the community under the supervision of a probation officer, and bound by certain conditions. Parole on the other hand involves releasing of promising offenders into the community under the supervision of a parole officer (it is usually a reward for good time and rehabilitation in prison).
The benefits abound in the non-institutionalized system of correction makes advocacy for its incorporation into the Nigerian penology policy to become expedient in the 21st century. Non-institutionalized system of correction if adopted will go a long way in helping to solve the problem of overcrowding, which currently bedevils Nigerian prisons. In-mates in Nigerian prisons are persistently facing problem of inadequate space as a result of overcrowding in prisons dominated by the awaiting trial in-mates. Nigerian prisons can rightfully be described as a “mixed-grill’’ system, where hardened and less dangerous offenders co-habits, due to shortage of accommodation facilities. Okunola et al. (2002) submit that every prison in Nigeria is practically a slum, where men and (women too) literally live on top of each other; available statistics indicate that Nigerian prisons have an overcrowding rate of between 10%-58% - the situation which inevitably leads to poor health conditions of prisoners.
Also, non-institutionalized system of corrections has the advantage of providing opportunity for offenders to maintain employment, which consequently, will enable them to engage in worthy ventures through which they can cater for their family, and also help to contribute to the country’s National Income in form of tax payment. Thus, objectives of rehabilitation and reformation will be achieved. Similarly, non-institutionalized based system of corrections is capable of reducing the potential for stigmatizing and labelling of offenders. Since convicted offenders will not be isolated or removed from their immediate community altogether, therefore, members of the public will be less hostile to them, which will facilitate easy re-integration of offenders back into the community, and thereby reducing problem of recidivism,
Furthermore, this system of correction will go a long way in helping to control the effect of prisonization in which prisoners are initiated and exchange core values and principles of criminality, where minor offenders are processed into hardened criminals that will further indulge in criminal careers. However, the fact that non-institutionalized system of corrections is community based does not make it less punitive, when compared to institutionalized form of correction (imprisonment), because it goes a long way in humbling and shaming an offender. Also, non-institutionalized system of correction has recorded various levels of successes in countries, such as United States, United Kingdom, Germany, among others where it is being practised. In conclusion, the Nigerian policy on penology should embrace a policy of depenalization and incorporate non-institutionalized system of corrections of offender in her justice system in line with what obtains globally.
References
Adler,F, Mueller G.O, and Laufer, W.S.1999. Criminology. USA: Mc Graw Hill,
Canada.
Obioha, E.E.2002. Punishment in Society in Isiugo-Abanihe, U.C, Isamah, A.N and Adesina,
J.O (eds.) Currents and Perspectives in Sociology. Malthouse Press Limited.
Ogaga, A.O.2007. Criminology and Criminal Justice. Benin City, Nigeria.
Okunola, R.A, Aderinto, A.A and Atere, A.A.2002. The Prison as a Social System in
Isiugo-Abanihe, U.C, Isamah, A.N and Adesina, J.O (eds.) Currents and Perspectives in
Sociology. Malthouse Press Limited.
Schamalleger, F. 2007. Criminal Justice Today (An Introductory Text for the 21st
Century) Pearson Education Inc, Upper Saddle River, New Jersey.
By Ojedokun, Usman Adekunle (kall4kunlex@yahoo.com)
