Beyond Legislative Aspiration: A Comparative Critique of Nigeria's Correctional Service Act, 2019 And Lessons from The United Kingdom

Abstract

The Nigerian Correctional Service Act, 2019, enacted to replace the obsolete Prisons Act and introduce rehabilitative, non-custodial corrections aligned with international human rights standards, has failed to achieve its progressive objectives more than six years after its enactment. This article undertakes a doctrinal comparative analysis of the Nigerian and United Kingdom correctional legal frameworks, arguing that the persistent failures of overcrowding (60% above capacity with 67% awaiting trial), corruption, rights violations, and the near-complete non-implementation of non-custodial measures are directly attributable to fundamental drafting deficiencies in the NCS Act rather than merely resource constraints. These deficiencies include lack of purposive clarity, structural incoherence, definitional inadequacy (key terms such as "rehabilitation" and "restorative justice" undefined), weak articulation of inmate rights as administrative duties without enforceable remedies, excessive delegation of core policy matters to unguided subsidiary legislation using permissive language, and inadequate enforcement provisions creating no offences for abuse of power by correctional officers. The comparative analysis reveals that the UK framework through exhaustive definitions, structured discretion, enforceable rights, and multiple independent oversight mechanisms, respects the principle of legality and ensures accountability. The article recommends fundamental legislative redrafting to convert duties into rights, exhaustive definition of non-custodial measures, mandatory regulation-making timelines, and the establishment of an independent inspectorate, ombudsman, and sentencing council.

Keywords: Correctional Reform, Legislative Drafting Deficiencies, Nigerian Correctional Service Act 2019, Non-Custodial Measures, Principle of Legality, Comparative Law

DOI: 10.7176/JLPG/153-05

Publication date: June 28^th 2026