NON-CUSTODIAL SENTENCING UNDER THE ACJA 2015: PROMISE, PERFORMANCE, AND PUBLIC PERCEPTION

Abstract

The Nigerian correctional system has long been plagued by a crisis of overcrowding that undermines the constitutional presumption of innocence and the rehabilitative purpose of punishment. With awaiting-trial inmates constituting approximately 66% of the custodial population, the enactment of the Administration of Criminal Justice Act 2015 marked a paradigm shift by institutionalizing non-custodial measures as alternatives to imprisonment. This paper critically examines the promise, performance, and public perception of non-custodial sentencing under the ACJA 2015. The primary aim is to assess the legal framework for non-custodial sentencing in Nigeria, interrogate its implementation challenges, and evaluate whether it achieves its intended objectives of decongesting correctional facilities and rehabilitating offenders while maintaining public confidence in the criminal justice system. Adopting a doctrinal legal research methodology, the paper analyses primary sources including the ACJA 2015, the Nigerian Correctional Service Act 2019, relevant case law, and secondary sources such as academic articles, textbooks, and reports. The research employs both statutory interpretation and critical analysis of judicial decisions to evaluate the practical application of non-custodial measures. The paper finds that while the legal framework for non-custodial sentencing is robust on paper, its implementation is hampered by weak institutional capacity, inadequate monitoring mechanisms, judicial reluctance, and public misconception. The paper concludes that non-custodial sentencing possesses significant potential to address prison congestion, but this potential remains largely unrealized. The paper recommends the establishment of functional State Advisory Committees on Non-Custodial Measures, intensive training programmes for judicial officers, and the development of comprehensive monitoring frameworks.