AN EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS ON PRISONERS’ RIGHTS AND PENAL REFORM IN NIGERIA

Despite constitutional guarantees under Chapter IV of the 1999 Constitution, statutory protections under the Nigerian Correctional Service Act 2019 and the Administration of Criminal Justice Act 2015, and binding international obligations arising from instruments such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, the conditions within Nigerian correctional facilities continue to fall far below acceptable standards. The aim of this article is therefore to examine the legal and institutional framework on prisoners’ rights and penal reform in Nigeria. The Researcher adopted the doctrinal legal research methodology, using both primary and secondary sourced materials. The article founds that key challenges to reform include chronic underfunding, a historically punitive institutional culture, endemic corruption and impunity, weak oversight mechanisms, and insufficient legal aid services. The article concludes that Nigeria's deficit lies not in the articulation of normative standards but in the institutional architecture required to give those standards practical effect. It recommended significant increased budgetary allocations for correctional facilities, strengthening of the National Human Rights Commission with enhanced financial and operational independence, and strengthening of the Legal Aid Council with adequate finance.

Authors

Publication Details

Journal
Fountain University Law Journal
Published
2026-10-29
DOI
https://doi.org/10.53704/67yx8z46
Primary Topic
Criminal Law and Policy
Type
article
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article

AN EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS ON PRISONERS’ RIGHTS AND PENAL REFORM IN NIGERIA

Oyovwikerhi Imoni-Ogbe
Fountain University Law Journal
Criminal Law and Policy
article

AN EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS ON PRISONERS’ RIGHTS AND PENAL REFORM IN NIGERIA

Oyovwikerhi Imoni-Ogbe
article en

Abstract

Despite constitutional guarantees under Chapter IV of the 1999 Constitution, statutory protections under the Nigerian Correctional Service Act 2019 and the Administration of Criminal Justice Act 2015, and binding international obligations arising from instruments such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, the conditions within Nigerian correctional facilities continue to fall far below acceptable standards. The aim of this article is therefore to examine the legal and institutional framework on prisoners’ rights and penal reform in Nigeria. The Researcher adopted the doctrinal legal research methodology, using both primary and secondary sourced materials. The article founds that key challenges to reform include chronic underfunding, a historically punitive institutional culture, endemic corruption and impunity, weak oversight mechanisms, and insufficient legal aid services. The article concludes that Nigeria's deficit lies not in the articulation of normative standards but in the institutional architecture required to give those standards practical effect. It recommended significant increased budgetary allocations for correctional facilities, strengthening of the National Human Rights Commission with enhanced financial and operational independence, and strengthening of the Legal Aid Council with adequate finance.

Fountain University Law Journal
Openalex Percentile: Top 6%
Criminal Law and Policy
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