How to address prison overflow, by CJN, AGF, others

Nigeria’s prisons are overcrowded, with 77,751 inmates exceeding capacity and over half awaiting trial. Experts blame outdated reliance on incarceration and weak implementation of alternatives like probation and community service. At a policy roundtable in Abuja, stakeholders urged a shift toward non-custodial sentencing, stressing that existing laws already support reform. They called for stronger judicial confidence, better infrastructure, and coordinated efforts to reduce congestion and improve justice delivery. Assistant Editor ERIC IKHILAE reports.

Nigeria’s correctional facilities are under mounting pressure.

More than half of inmates are yet to be convicted, raising fresh concerns about the country’s reliance on incarceration and the urgent need for reform.

According to data from the Nigerian Correctional Service (NCoS), the total inmate population across the nation’s 256 custodial centres stood at 77,751 as of March 23, far exceeding the facilities’ official capacity of 68,486.

Of the total population, 50,783 persons, representing 56 per cent, are awaiting trial, while 29,968 persons, representing 35 per cent, have been convicted.

Also, the population of women in custody as of March 23, 2026, stands at 1,834, out of which 1,342 are awaiting trial, while 492 are convicted inmates.

These figures not only reveal that the nation’s prison system is operating beyond its designed capacity, but also highlight that the majority of inmates are individuals who, by law, are presumed innocent, having not been convicted.

According to experts, this development is attributable to two main factors: inadequate prison infrastructure and the justice system’s enduring preference for incarceration over rehabilitation.

The task of reversing this trend informed a recent gathering of experts in Abuja.

The theme was: “Roundtable on Enhanced Collaboration on Alternatives to Custody: Practical Strategies for Reducing Prison Congestion – an interactive collaboration between the United Kingdom’s Ministry of Justice and the justice sector in Nigeria.”

Hosted by the National Judicial Institute (NJI), the gathering focused on promoting the adoption of alternatives to custodial sentencing as a strategy for addressing prison congestion and other challenges associated with incarceration.

Current state of affairs in prisons

The Controller-General of the NCoS, Sylvester Nwakuche, provided an overview of the nation’s prison system in his presentation, which emphasised eight key elements, including prison population and the plight of awaiting trial inmates, women, infants, and persons with disabilities in custody.

He said the system currently holds over 9,000 inmates beyond its original capacity of 68,486, while the number of awaiting trial inmates continues to rise.

He noted that although women in custody represent a relatively small proportion of the total inmate population, their circumstances require careful and sensitive attention due to their unique and often complex vulnerabilities, which are currently inadequately addressed.

Nwakuche said that while the existing legal framework provides for appropriate accommodation and protection of persons with disabilities, implementation remains insufficient.

He noted a discernible gap between policy intent and operational capacity, particularly in relation to infrastructure, specialised services, and tailored programming, which requires deliberate and sustained attention.

The challenge

The NCoS boss attributed the current state of affairs not only to inadequate and often dilapidated infrastructure, but also to sentencing practices that rely heavily on custodial measures.

He argued that a justice system that depends predominantly on incarceration risks becoming conceptually incomplete, addressing symptoms while neglecting underlying causes.

Nwakuche noted that although existing laws, particularly the Administration of Criminal Justice Act (ACJA) 2015, provide opportunities for more proportionate and flexible responses, custodial remand still appears to be the most convenient and frequently adopted option by courts.

Highlighting available non-custodial measures, he referred to Section 37(1) of the NCoS Act 2019, which establishes a flexible framework for implementing alternatives such as community service, probation, restorative justice, and other measures.

He added that the Act empowers courts of competent jurisdiction to assign non-custodial measures, thereby introducing necessary flexibility into the system.

Nwakuche expressed concern that despite the extensive institutional structures for non-custodial measures nationwide, only 1,292 individuals are currently under such supervision.

He added: “Of this number, 1,109 are on community service, 33 on probation, 71 under restorative justice, and 19 on other measures.”

The Controller-General noted that the gap between capacity and utilisation, as well as the divergence between legal provisions and operational reality, remains the core challenge.

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Way forward

Nwakuche, alongside the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun; the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN); the NJI Administrator, Justice Babatunde Adejumo; and the British Deputy High Commissioner, Gill Lever, emphasised the need to prioritise decarceration.

Nwakuche stressed that non-custodial measures were designed as integral components of a modern sentencing framework, not peripheral options.

While noting that the legal and institutional frameworks are already in place, he said what is required is the collective willingness within the justice system to adopt more intentional sentencing practices.

He emphasised the need to deepen institutional confidence through consistent application aligned with established principles.

“A justice system that relies overwhelmingly on custody is not merely overcrowded; it is conceptually incomplete,” he said.

He added that the call for increased use of non-custodial measures is not to eliminate imprisonment, but to rebalance it in line with both the letter and spirit of the law.

“The question is not whether alternatives to custody exist; it is whether we are prepared, collectively, to embrace them as deliberate instruments of justice,” he said.

CJN seeks institutional support

Justice Kekere-Ekun noted that while the power to deprive individuals of liberty remains one of the judiciary’s most profound responsibilities, incarceration should not be the default response in all cases.

She stressed that modern justice administration requires more balanced, proportionate, and forward-looking sentencing approaches.

The CJN identified prison congestion as a longstanding challenge driven by delays in criminal justice processes, the high number of awaiting trial inmates, and the limited use of non-custodial measures.

She added: “Addressing this challenge demands a shift in judicial mindset, one that recognises and embraces credible alternatives to custody. It is encouraging that notable progress has been made in recent years.

“The enactment of the Nigerian Correctional Service Act, 2019, provides a robust legal framework for non-custodial measures, including probation, community service, and restorative justice mechanisms.

“However, the effectiveness of these provisions depends significantly on judicial confidence and the availability of necessary institutional support.”

Represented by Justice John Okoro of the Supreme Court, the CJN emphasised that alternatives to custody should not be seen as leniency, but as mechanisms that enhance justice by ensuring punishments are constructive and proportionate.

Justice Adejumo noted that efforts over the years have sought to shift focus toward restorative justice, community-based sentencing, and the decongestion of correctional facilities.

He added that beyond human costs, prison congestion significantly increases public expenditure required to maintain facilities.

Adejumo stressed the urgent need for stronger collaboration among policymakers, the judiciary, correctional authorities, and other stakeholders.

Fagbemi warned that prison congestion has serious implications for both justice administration and human welfare, requiring a balanced approach that promotes public safety, fairness, and efficiency.

Represented by Leticia Ayoola-Daniels, Director of Administration of Criminal Justice Reforms at the Federal Ministry of Justice, the AGF noted that reforms such as the ACJA 2015 were designed to reduce detention, promote speedy trials, and encourage alternatives to imprisonment.

He reiterated the ministry’s commitment to strengthening non-custodial measures through capacity building, coordination, and partnerships, while stressing the need for continuous training of judges and magistrates.

Lessons from the UK

Lever, speaking on the United Kingdom’s experience, said the country came close to exhausting its prison capacity in 2024, prompting a national conversation on sentencing reforms.

She noted that the outcome led to the enactment of the Sentencing Act 2026, which emphasises credible, well-supervised community sentencing supported by probation systems and judicial confidence.

“What the British experience has shown is that alternatives to custody are not about leniency, but effectiveness,” she said.

“When properly designed and implemented, non-custodial sentencing reduces reoffending, enhances public safety, and reserves imprisonment for cases where it is truly necessary.

“Alternatives to custody succeed only when they command trust, from judges, the public, and victims alike.”

She added that building such trust requires clear sentencing guidelines, credible supervision and enforcement, and sustained judicial engagement in refining practice.