Ojukwu: Decriminalising Petty Offences will Decongest Crowded Correctional Facilities

Ugo Aliogo

The Executive Secretary of the National Human Rights Commission, (NHRC) Mr. Tony Ojukwu, has stated that decriminalising petty offences and the usage of non-custodian sentences would help to decongest correctional facilities across the country.

Ojukwu disclosed this yesterday in Lagos during a two-day “Consultative Workshop on the Development of Action Plan for Decriminalisation of Petty Offences.”

He said that the time has come for fines to be imposed on petty offences than arrest and trial of persons for hawking, street begging, prostitution, idleness, loitering or related conducts.

He hinted that correctional facilities are overcrowded because a good number of the inmates are not able to pay the fine imposed on them and called for a revisit of the intersection between poverty and criminal justice.

He posited that a good number of inmates have been held in custody for a year in flagrant violation of their rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria as amended by Section 35 (4) of the CFRN 1999.

Ojukwu, who was represented at the event by the Deputy Director, Investigations, NHRC, Mr. Richmond Iheme, further explained that the project on decriminalisation is aimed at declassifying petty offences in the criminal justice administration is pursuant to the principles contained in regional standards of African Commission on Human and Peoples’ Right (ACHPR) on the principles of decriminalisation of petty offences in Africa.

The executive secretary of the NHRC remarked that decriminalising of petty offences principles in Africa established a platform, which member states can use to identify and review laws that are unacceptable to the right to freedom from discrimination, right to equality, freedom from torture, cruel, inhuman and degrading treatment, and others, which, “are guaranteed by articles 2, 3, 5 and 6, of the ACHPR.

“We have to make the point that poverty, destitution and unemployment are not criminal offences. Government has an obligation to ensure the welfare and security of its citizens, and improvements in social safety nets would reduce poverty in society. When poverty is addressed in society, conducts that consists petty offences would be reduced correspondingly.

“The NHRC as a key stakeholder in the criminal justice system has been involved in a number of initiatives towards reforms in the country and will continue to push for best practices in the criminal justice system.”

In his goodwill message, the Chairman House Committee on Judiciary, Lagos State House of Assembly, Hon. Victor Akande, noted that the state legislature has a huge role to play in the decriminalisation of these petty offences through law reforms.

Akande hinted that there is need for amendment of certain existing laws and enactment of new laws to eliminate the criminal factor attached to these offences and formulate civil and alternative sanctions for such acts.

He said: “Petty offences don’t constitute a threat to the safety of the public, law and order in the state or peace and tranquility. There is, therefore, a need to decriminalise these offences, which consequently eliminates the marginalisation and discrimination of a sect of the society, reduce the congestion of correctional facility, create a sense of inclusion in the state for the vulnerable and incapacitated and ultimately, creates a better justice system.”