Enugu’s transitioning from Custodial sentencing to community service

Community service, a form of punishment where offenders work or assist people within their local communities without payment, has emerged as a viable alternative to incarceration in various parts of the world.

In Nigeria, this concept is being actively implemented through community service sentencing.

Here, offenders, particularly those convicted of minor crimes, serve their sentences by performing designated tasks within their communities rather than being incarcerated.

Unlike traditional forms of punishment, non-custodial sentencing allows offenders to fulfill their sentences outside of custodial facilities.

Offenders are typically required to carry out community service during the day and return home afterward, offering a more flexible and restorative approach to justice.

This method is particularly beneficial for minor offenders, as it helps them avoid the potentially harmful effects of exposure to hardened criminals in prison.

A huge driving force behind the push for community service sentencing in Nigeria is the substantial delay in the administration of criminal justice.

According to the Nigerian Correctional Service, over 70 per cent of inmates in the country’s custodial centres are awaiting trial, some for several years.

Legal experts, such as Dr Mike Ozekhome, have criticised this delay, calling it ‘a gross miscarriage of justice’ that undermines rehabilitation efforts and overburdens the system.

Ozekhome further explained that the prolonged trial process contributes to inhumane conditions within custodial facilities, which defeats the purpose of justice reform.

In response to the growing strain on Nigeria’s overcrowded custodial centres, Enugu state has embraced the implementation of community service sentencing.

The Chief Judge of the state, Justice Raymond Ozoemena, has expressed strong support for this shift in judicial approach.

Speaking through Justice Anthony Onovo, Ozoemena emphasised the benefits this reform would bring, stating, “Operationalising community service sentencing has immense benefits for offenders, communities, judicial systems, and governments at all levels”.

This initiative, he says align with Enugu’s broader goal of fostering a more efficient and humane justice system.

As revealed by Ozoemena, a key feature of this reform is its holistic approach to justice and offender rehabilitation.

However, he stressed the importance of involving communities, law enforcement agencies, and various government institutions in the process.

Also, the judiciary in Enugu have pledged their readiness to implement community service sentences for minor offenders, with sentences ranging from one day to six months, depending on the nature of the crime.

To facilitate this, the judiciary has partnered with the Carmelite Prisoners Interest Organisation (CAPIO) and the Enugu State Justice Reform Team (ESJRT).

The partnership is to create a comprehensive ‘Operational Framework for Community Service Sentences in Enugu State’.

These organisations, working alongside local stakeholders including traditional and religious leaders, law enforcement agencies, and various ministries have laid the groundwork for a smooth implementation process.

Additionally, the Enugu State judiciary has taken steps to provide the necessary infrastructure, including temporary cells and offices for non-custodial officers, to ensure the system operates effectively.

Besides, the introduction of community service sentencing offers the added advantage of alleviating overcrowding in custodial centres.

Also, Dr Kingsley Udeh, the Attorney General of Enugu State, stated that this initiative would greatly reduce the number of inmates in custodial facilities while promoting better management of these centres.

He remarked, “This initiative will serve as a deterrent while fostering greater community involvement in the justice process”.

Similarly, Justice C.I. Nwobodo, noted that although non-custodial sentencing had long been part of Enugu State law, it was only now that adequate resources and training had been provided to implement it effectively.

“CAPIO’s role in training stakeholders and providing necessary tools has been crucial in overcoming previous barriers”.

Furthermore, Justice Nwobodo emphasised the importance of providing functional juvenile homes to prevent young offenders from being exposed to adult criminals in custodial centres.

He believes that the establishment of such homes would enable juvenile offenders to undergo rehabilitation in a more appropriate setting.

In the same vein, the Nigerian Correctional Service (NCoS) has also supported the implementation of community service sentencing in the state.

Mr Nicholas Obiakor, the Controller of Corrections in Enugu, noted that this initiative would not only ease the burden on custodial centres, but also encourage family and community involvement in the rehabilitation process.

“With community service sentencing, irredentists (repeated offenders and persons insusceptible to reforms) would be reduced in custodial centres as families, extended families and communities will keep an eye on their own people going in the wrong side of the law.

“A situation where a person or persons becoming repeated or regular inmates in the custodial centres due to lesser offences will be checked,” he said.

Additionally, Mr Lloyd Ekweremadu, the state’s Commissioner for Youths and Sports, highlighted the potential for community service sentencing to rehabilitate young offenders and prevent future criminal behavior.

He emphasised the importance of separating minor offenders from serious criminals, creating a more compassionate and restorative justice system.

This shift, he explained, would reduce strain on custodial centres while promoting rehabilitation over punishment.

Furthermore, the reform of the Administration of Criminal Justice Law (ACJL) in Enugu aims to ensure that minor offenders are not mixed with hardened criminals.

Justice Chris Onyia (retired), representing the Enugu State Justice Reform Team, argued that community involvement in monitoring offenders strengthens the justice system.

“It is clear from our traditional Africa community setting that no family, extended family, kindred, village and community want to be associated with developments that cast aspersions on them.

“It is natural that such a social setting would ensure that their members do not bring them shame or repeated shame, even if the offender does not understand the weight of disgrace he/she is causing other members”.

Explaining, CAPIO’s Executive Director, Rev. Fr. Jude Isiguzo, commended the state judiciary for its commitment to implementing community service sentencing.

He highlighted CAPIO’s efforts in training community leaders, law enforcement officials, and judicial officers to ensure a smooth rollout of the programme.

Isiguzo stated that for months, CAPIO and ESJRT had been training community and religious leaders, law enforcement, MDA officials, and judges on the Operational Framework for Community Service Sentences to ensure a better understanding of their roles.

He said community service sentencing, part of the ACJL reform, offers great benefits to everyone, including the offender.

“They need to understand the reasons behind sentencing minor offenders to community service sentencing, which included: to decongest custodial centres, help to rehabilitate the offender and for the offender to acknowledge that offence is not beneficial.

“For instance, an offender can be sentenced to community service between a day to six months either to cut grasses, keep a public place clean or provide other community services.

“After he must have served through his or her sentence within his community, he or she will definitely realise that taking to crime brings shame and it will act as deterrence to others in his home and community,” he said.

He said CAPIO is completing a home at Oji River for minor offenders from outside the state who have been sentenced to community service.

“CAPIO is committed within its limited resources to provide work implements and possible aprons for the sentenced minor offenders to use while serving out their terms in their community or public place daily,” he added.

Analysts believe that despite the promising potential of non-custodial sentencing, the approach has not gained widespread popularity in Nigeria due to several challenges.

According to them, one significant hurdle is the lack of adequate infrastructure and resources to effectively implement such reforms.

However, they also argue that this initiative offers a model for addressing overcrowding in custodial centres, promoting rehabilitation over punishment, and ensuring a more humane and effective justice system.