New FCT Courts’ Act Will Decongest Prisons-Malami

In view of the signing of the Consolidated Federal Capital Territory Courts (Custodial and Non – Custodial Sentencing) Practice Directions, 2020 today, Monday, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN has said that the Act will boost justice sector reforms thereby providing a platform for the decongestion of Correctional Centres nationwide.

This was contained in a statement issued by Malami’s spokesperson Dr. Umar Jibrilu Gwandu.

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THE WHISTLER earlier reported that the AGF had on August 17 explained that the draft under review would among other things, settle and unify the differences in sentences by judges.

On Monday, he once again reiterated that the act would address “the colossal problem of congestion in correctional facilities in Nigeria. “

“The provision for non-custodial sentences such as probation, community service, restitution, compensation and suspended sentence by the ACJA 2015, was one of the main innovations of the Act”, he said.

Explaining what the act entails, Malami noted that judges would now be guided by the reviewed law so as to mete out sentences that are in consonance with the act.

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“The objective of the consolidated Sentencing Guidelines and Practice Directions about to be signed today are as follows – (a) to set out the appropriate standards and guideline for the sentencing process in offences against the state, person, public order, morality, homicide, property and corruption related offences, for the purpose of ensuring reasonable uniformity and fairness in sentencing in the Federal Capital Territory;(b) to set out the requirements and procedure for imposing custodial and non-custodial sentences for the purpose of preventing abuse and ensuring reasonable uniformity and fairness in the imposition of sentences; and (c) to ensure that congestion in prisons is reduced to the barest minimum through the use of non-custodial sentences in line with section 470(2)(c) of the Administration of Criminal Justice Act, 2015 (hereinafter referred to as ‘ACJA’) and section 2(1)(b) of the Nigerian Correctional Service Act, 2019. If Judges must not exceed the term prescribed in the statute creating an offence or exceed the quantum prescribed in punishing the offender, there must be a Sentencing Guidelines. For us to avoid disparity in sentencing from one judicial officer to the other, then there must be a uniform guideline,” the statement partly read.

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