COMMUNIQUE ISSUED AT THE END OF PERFORMANCE APPRAISAL WORKSHOP ON THE LEGAL FRAMEWORK ON PAROLE AND THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA ORGANISED BY CLEEN FOUNDATION WITH SUPPORT FROM THE MACARTHUR FOUNDATION ON THURSDAY 20^TH AND FRIDAY 21^ST JUNE, 2024 IN ILORIN, KWARA STATE.

 

 

Preamble

 

CLEEN Foundation, with support from the Macarthur Foundation, organized a two-day Performance Appraisal Workshop on Parole and the Administration of Criminal Justice in Kwara State on Thursday, 20th and Friday, 21st June 2024, at G-Pinnacles Suites, Ilorin, Kwara State, Nigeria.

The objectives of the workshop were not just tasks but crucial steps to ensure that the administration of Justice, which is the cornerstone of society, remains robust and effective. We aimed to examine the various provisions of the Administration of Criminal Justice Act as it relates to parole in Kwara State, its legislative underpinnings, the procedural challenges and the role of stakeholders in its administration. Our goal was to bring together stakeholders in the State to depoliticise the parole process as well as standardise the criteria for selection of inmates, a mission that each of you played a significant role in.

In attendance were not just individuals but key stakeholders to the parole system, including the office of the Hon. Attorney General and Commissioner for Justice, the Director of Public Prosecution, Ministry of Justice; the Nigerian Police Force; the Nigerian Correctional Service; the Nigerian Customs Service; the National Human Rights Commission; Nigerian Bar Association; Legal Aid Council; FIDA; the Parole Board of Kwara State; Kwara State Civil Society Observatory; and the media. Each of you, with your unique roles and expertise, is integral to the functioning of the parole system.

The workshop was declared open by the Hon. Attorney General and Commissioner for Justice, Kwara State, who not only charged stakeholders present, but also emphasized the need for their active participation in the effective Administration of Criminal Justice in order to actualize the essence of the parole system’s creation.

Key Observations by Participants

1. Kwara state has a Parole Board headed by Justice Mathew Olabamiji Adewara (Rtd). However, the Board has not met since inauguration;
2. The administration of the Criminal Justice Monitoring Committee (ACJMC) is not in place in Kwara State;
3. Section 259 (1) of the Administration of Criminal Justice Law of Kwara State should be reviewed by expunging the prerogative of mercy and substituting the Court to be in line with the provision of ACJA and the Nigerian Correctional Service Act (2019);
4. No inmate in the state correctional facilities has benefitted from parole. However, twenty-three correctional inmates were released recently by the state governor through the prerogative of mercy;
5. Delayed Trials in the Justice System: Trial within trial remains challenging in the criminal justice system. Therefore, compliance with the provision of section 15 of ACJA on the electronic recording of the statement of suspects, while the suspect writes his/her statement, is germane for the delivery of justice;
6. There is low understanding and awareness creation of the parole system in Kwara state and Nigeria at large;
7. Good and responsible parenting is part of the necessary conditions towards crime prevention and a crime-free society. Parents were urged to be of good character and lead by example;
8. Lack of funding: This has been a considerable hindrance to actualising effective parole implementation because of inadequate funding.

Recommendations

1. The Parole Board in Kwara State should become functional for the decongestion of the correctional facilities with inmates in the state;
2. Creation of clear regulations, guidelines and a work plan for the Parole Board in Kwara State;
3. The administration of the Criminal Justice Monitoring Committee (ACJMC) in Kwara State should be inaugurated and begin its function in earnest;
4. There is an urgent need to improve awareness creation and advocacy on parole by governmental and non-governmental agencies and media professionals;
5. Participants prayed for responsive and accountable government for the implementation of parole in the state;
6. Prison Decongestions and Critical infrastructures are expected from the government to implement parole effectively. These infrastructures are helpful for the reintegration, reformation and rehabilitation of prison inmates in the state;
7. Funding of the parole system remains a priority by the Kwara State Government, Kwara State Administration of Criminal Justice Monitoring Committee, Key Government Ministries and Parastatals with the support of civil society groups, development partners, and organised private sector for effective implementation of parole in the state by providing among other things, rehabilitation facilities.

Next-Step

Governmental and non-governmental agencies should develop a measurement and evaluation plan to implement and monitor these laws.

1. Stakeholders develop the implementation plan.
2. Develop a measurement and evaluation plan to measure stakeholders’ performance.

 

Conclusion: Stakeholders are calling on the Kwara State Government, through the Ministry of Justice, to expedite action to address the issues identified as germane to improving the administration of the criminal justice system in Nigeria.