Reps propose parole, probation to ease prison congestion

A bill before the House of Representatives seeks to introduce a structured parole system allowing eligible inmates to apply for supervised release after serving one-third of their prison sentences.

It also proposes a network of probation officers, halfway houses and rehabilitation centres to ease congestion in Nigeria’s overcrowded correctional facilities.

The proposed Nigeria Community Corrections, Probation and Parole Act, 2026, sponsored by Ademorin Kuye (Lagos, APC), also provides for mandatory supervised release during the final year of a determinate sentence for inmates who have not secured parole, subject to the applicable provisions of the legislation.

The bill, exclusively obtained by our correspondent,  seeks to establish a national framework for community-based corrections, offering courts alternatives to imprisonment while ensuring that eligible offenders remain under supervision and receive support to reintegrate into society.

In Clause 30, an inmate serving a determinate sentence would become eligible to apply for parole after completing one-third of the sentence.

The proposed National Community Corrections and Parole Board could prescribe a shorter period for inmates assessed as low-risk and with positive records of rehabilitation.

According to the proposed law, “eligibility will not guarantee release,” as the board will consider an inmate’s risk of reoffending, disciplinary record, participation in educational and vocational programmes, rehabilitation progress and release plan, including accommodation and, where available, an offer of employment.

The proposal excludes offences under the Terrorism (Prevention and Prohibition) Act, offences carrying a mandatory death sentence and other categories that the National Assembly may subsequently exclude.

Life imprisonment would also remain outside the proposed parole framework, except as otherwise provided by law.

The bill’s objective is to “reduce overcrowding in custodial correctional centres, lower government expenditure, create employment in rehabilitation services and improve public safety by addressing the factors that contribute to reoffending.”

In its explanatory memorandum, the bill identifies the existing gaps in Nigeria’s correctional system, “including the absence of a dedicated probation and parole workforce with defined caseload standards, a standardised risk-assessment tool for sentencing, a structured response to breaches of supervision conditions and a national parole board with published eligibility criteria.”

It proposes to address these gaps by building an institutional framework for supervised release, rehabilitation and reintegration, rather than relying exclusively on imprisonment.

Probation, community service alternatives

Beyond parole, the bill proposes probation, community service, restitution to victims, income-based fines, electronic monitoring and specialised drug-treatment and mental-health courts.

Under Clause 16, courts could impose probation for offences carrying maximum prison terms of up to five years, or longer terms where an assessment classifies the offender as low or medium risk and the court is satisfied that public safety would not be endangered.

However, probation would “not be available for offences involving the use of firearms, sexual violence or offences carrying mandatory minimum custodial sentences, except where the applicable law permits it.”

A probation order could require an offender to report regularly to a probation officer, participate in educational or vocational programmes, perform community service, make restitution to a victim or comply with a curfew or electronic monitoring.

The bill also seeks to prevent minor breaches of supervision conditions from automatically resulting in a return to custody.

Clause 21 proposes a graduated-sanctions system under which officers could respond to technical violations with a verbal warning, more frequent reporting, referral to treatment, a short period of electronic monitoring or curfew, or detention at a day reporting centre for up to 48 hours before seeking revocation.

The proposed approach would distinguish administrative breaches from fresh offences or conduct posing an immediate threat to public safety.

“The guiding principles of the Act include the requirement that violations should ordinarily attract “the least severe sanction reasonably capable of securing compliance before resort to revocation and reincarceration,” the bill stated.

New parole board

The proposed legislation provides for a National Community Corrections and Parole Board, to be housed within the ministry responsible for interior but exercising its parole-decision and standard-setting functions independently of the Nigerian Correctional Service.

The board would determine parole applications, approve risk-assessment tools, establish sanctions for breaches of supervision conditions and accredit halfway houses, community corrections centres and private or non-governmental organisations providing rehabilitation services.

Related News

• Killaboi: I accidentally stabbed Augusta during knife struggle
• Power: FG accuses firms of stealing 150MW daily
• FG promotes 27,624 NSCDC officers, others 

Its proposed membership includes a retired judge or legal practitioner of at least 15 years’ standing as chairman, representatives of relevant government institutions, a psychologist or psychiatrist, a representative of victim-support organisations and civil society or academic experts in criminal justice or social work.

The bill also proposes the establishment of a Community Corrections Department within the Nigerian Correctional Service, with responsibility for probation and parole supervision, pre-sentence investigations, individual rehabilitation plans and coordination with accredited service providers.

Probation and parole officers would be required to possess at least a first degree in law, criminology, psychology, social work or a related discipline, alongside certified training in risk assessment and case management.

Community corrections centres would be established in every state and the Federal Capital Territory, while the National Community Corrections and Parole Board could establish zonal offices to bring parole hearings closer to correctional facilities.

The Nigerian Correctional Service would have 18 months from the commencement of the proposed Act to recruit and train an initial workforce sufficient to establish the centres.

Fund for rehabilitation

The bill proposes a Community Corrections Fund to finance recruitment and training, day reporting centres, halfway houses, data management and performance-based grants to states that adopt the framework and expand community corrections.

The fund would receive “appropriations by the National Assembly, a share of savings from reduced custodial expenditure, supervision fees, grants, donations and private-sector contributions.”

To establish whether the policy delivers financial benefits, the Nigerian Correctional Service would be required to calculate and publish the average annual cost of keeping an inmate in custody and the average cost of supervising an offender in the community.

The proposed calculations would be audited by the Office of the Auditor-General for the Federation and submitted to the National Assembly alongside the board’s annual report.

The legislation also envisages employment opportunities for probation officers, case managers, treatment counsellors, vocational instructors and staff of residential rehabilitation facilities.

Private companies, cooperatives and non-governmental organisations could apply for accreditation to provide treatment, vocational training, electronic monitoring, mediation and residential reintegration services, subject to regulatory standards and inspections.

Inmates approaching parole or mandatory supervised release could also be permitted to leave correctional facilities during working hours for approved employment, education or vocational training before returning to custody.

Victims’ rights, safeguards

The proposed framework provides for the participation of victims in parole proceedings, including the right to submit written impact statements and, on request, address the board in person or through arrangements that prevent confrontation with an inmate.

Victims would also be entitled to reasonable notification of an inmate’s parole eligibility and hearing date, while their identities and contact details would remain confidential without their consent.

Inmates facing parole refusal or revocation would have access to hearing procedures, reasons for decisions and legal representation.

Parole decisions could be appealed to the Federal High Court or the relevant state High Court on a point of law or where the decision was unreasonable in light of the evidence before the board.

The bill further provides for a national database to track offenders under probation, parole and supervised release, with recidivism monitored for at least three years after completion of their sentences.

The board would commission an independent evaluation of the legislation’s implementation and outcomes within three years of commencement and at intervals of no more than five years thereafter.

The proposal does not abolish imprisonment or remove the sentencing discretion of courts. Rather, it seeks to create a structured system through which suitable offenders can serve sentences in the community, while those released from custody receive supervision and reintegration support.

Its implementation would depend on the passage of the bill, adequate funding, the recruitment of qualified personnel and the establishment of effective oversight mechanisms. The legislation would apply to federal offences nationwide and to offences under state laws where adopted by the relevant State House of Assembly.

The bill is intended to supplement the Nigerian Correctional Service Act, 2019, and the Administration of Criminal Justice Act, 2015, while preserving the constitutional prerogative of mercy vested in the President and state governors.