APPRAISING THE APPLICATION OF PAROLE AS A NON-CUSTODIAL SENTENCE UNDER ACJA, 2015 IN NIGERIA: LESSONS FROM SOUTH AFRICA

This article appraises the application of parole in Nigeria. It offers discussion on international legal frameworks for parole and, in particular, discusses penal provisions that provide for parole, while noting innovations provided by the Administration of Criminal Justice Act (ACJA) 2015, the Administration of Criminal Justice Laws of States, and the Nigerian Correctional Services Act, 2019. The article highlights the benefits, conditions and duties of a parole officer and the application of parole in Nigeria. Applying the doctrinal research method, this article discusses South Africa as a jurisdiction with robust judicial activism on parole and outlines lessons for Nigeria. It finds that South African courts robustly apply non-custodial sentences when compared to courts in Nigeria. Taking a cue from South Africa, the article provides lessons that Nigeria can learn from South Africa, which include: recognition of medical parole by Nigerian Laws and the introduction of a parole board to reduce the wide discretionary power of the Comptroller-General in recommending parole.