udiciary appears to be making significant impact on the justice system with the ACJL especially in the area of prison decongestion, the state executive and legislative arm seem to be doing the opposite. Using innovative ideas and policies, such as non-custodian sentencing, probation and restorative justice system, the state judiciary has ensured that inmate population in prisons and other remand homes in the state is drastically reduced.
In this edition of Law and Human Rights, our guest writer, a Senior Legal Officer in Human Rights Law, HURILAWS, Collins Okeke, interrogates the non-custodian provisions of the Lagos State Administration of Criminal Justice Law, 2015 and proffers solutions on how these provisions can be made to tackle prison congestion.The Lagos State Administration of Criminal Justice Law 2015 was first passed in 2007 and reenacted in 2011 & 2015.
Sections 316 & Lagos ACJL 2015 gives judges and magistrates the discretion to determine what is appropriate fine in each circumstance. It also provides limits to the amount an offender will pay as fine. The advantages of fines are that it can serve as a huge source of revenue for the state. It is also easy to administer. The challenge with fine is that it can be excessive and misapplied as is sometimes the case in Lagos.
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