Nigeria’s prison overcrowding challenge has remained a major concern for years, affecting inmate welfare, rehabilitation efforts and the overall effectiveness of the criminal justice system. Experts say addressing the problem requires more than expanding correctional facilities. Instead, they argue that state governments must play a leading role by accelerating justice delivery and embracing non-custodial measures for suitable offences.
A retired Controller of Corrections and former spokesperson of the Nigerian Correctional Service (NCoS), Dr Francis Enobore, recently highlighted the urgency of the issue, noting that most inmates in Nigerian custodial centres are being held for offences linked to state laws.
His comments followed a disclosure by the Minister of Interior, Dr Olubunmi Tunji-Ojo, that about 93 per cent of inmates in custody are being held for state-related offences. According to Enobore, this statistic underscores the significant responsibility states have in tackling prison congestion.
Nigeria’s custodial population is estimated at about 80,733 inmates, with fewer than 6,000 being held for federal offences. This means the overwhelming majority are in custody for violations of state laws.
For Enobore, discussions about prison overcrowding and delays in justice administration should naturally focus on state governments and institutions. He noted that many suspects are arrested and detained, only for their cases to become trapped in a slow-moving justice process.
“What is disturbing is that many accused persons are virtually abandoned after arrest, while the machinery of justice slows down, leaving them to spend years awaiting trial,” he said.
This reality has contributed significantly to overcrowding across correctional facilities nationwide.
One of the biggest drivers of congestion is the large number of inmates awaiting trial. According to Enobore, more than 65 per cent of inmates in Nigeria’s custodial facilities have not yet been convicted.
Many remain in detention for prolonged periods due to delayed investigations, slow prosecution processes and congested court systems.
The situation is particularly troubling because some detainees are accused of relatively minor offences that could be resolved through alternative sanctions instead of imprisonment.
Keeping such individuals behind bars for extended periods not only increases pressure on correctional facilities but also raises concerns about fairness and access to justice.
Enobore argued that Nigeria’s criminal justice system relies too heavily on imprisonment, even in cases where alternative penalties would be more appropriate.
According to him, there is a widespread perception that justice is only served when an offender is sent to prison. However, he believes this approach overlooks more effective and practical alternatives.
Globally, many justice systems increasingly utilise non-custodial measures to deal with certain categories of offenders while reducing pressure on prisons.
Such measures include community service, probation, restorative justice programmes, fines, suspended sentences, house arrest, electronic monitoring and compensation orders.
These alternatives allow offenders to remain connected to their families and communities while taking responsibility for their actions. They also create opportunities for rehabilitation without exposing offenders to the negative effects of incarceration.
Beyond the humanitarian concerns, prison congestion places a heavy financial burden on government.
Enobore estimated that with the current feeding allowance of N1,125 per inmate per day, the approximately 75,081 inmates being held for state-related offences would require more than N2.53 billion every month for feeding alone.
The figure excludes spending on accommodation, healthcare, clothing, water supply, electricity, security, transportation for court appearances and vocational training programmes.
With correctional services now moved from the Exclusive Legislative List to the Concurrent Legislative List, states are expected to play a greater role in correctional administration. This means they will increasingly bear some of the financial consequences of overcrowded facilities.
Reducing inmate populations through non-custodial measures could therefore generate substantial savings while improving efficiency within the correctional system.
According to Enobore, overcrowded custodial centres make it difficult to achieve the core objectives of correctional administration.
When facilities operate beyond capacity, access to healthcare, rehabilitation and educational programmes becomes limited. Correctional officers also face increased pressure as they manage larger inmate populations with finite resources.
The retired corrections officer warned that overcrowding can expose minor offenders to hardened criminals, making effective classification and rehabilitation more difficult.
He added that such environments increase the risks of radicalisation, repeat offending and security breaches within correctional facilities.
Ultimately, overcrowding affects not only inmates but also correctional staff and society at large, as weakened rehabilitation efforts can undermine public safety goals.
Enobore stressed that Nigeria already possesses legal frameworks capable of reducing prison congestion.
He cited the Administration of Criminal Justice Act (ACJA) 2015, state Administration of Criminal Justice Laws and the Nigerian Correctional Service Act 2019 as important instruments that provide for non-custodial sanctions and early-release mechanisms.
He also referenced international standards such as the United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as the Mandela Rules.
According to him, the challenge is not the absence of legal provisions but ensuring their consistent implementation across the country.
To drive meaningful reform, Enobore called on the Minister of Interior and the Attorney-General of the Federation and Minister of Justice to convene a national stakeholders’ meeting on custodial overcrowding.
He said such a meeting should bring together state attorneys-general, commissioners for justice, chief judges, law enforcement agencies, correctional authorities and the Nigerian Bar Association.
The objective would be to develop practical and sustainable strategies for reducing congestion and improving justice administration.
He also advocated a holistic and data-driven approach to reform, emphasising the need for diligent investigations, efficient prosecution, fair sentencing and the appropriate use of custody.
As Nigeria seeks lasting solutions to prison overcrowding, experts say state governments must move beyond traditional reliance on imprisonment and embrace alternatives that promote justice, rehabilitation and public safety while easing pressure on correctional facilities.
