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The Lagos State Judiciary on April 14, 2025, launched a new practice direction on non-custodial sentencing to take effect from June 1, 2025. The new reform was carried out by The Law Hub Development Centre in collaboration with Lagos State Judiciary and the Arthur Foundation.[1]The Practice Direction is aimed at deepening criminal justice reform and easing the burden of overcrowded correctional centers. The framework provides uniform guidelines for Judges, Magistrates, Police, and other justice sector agencies on the application and enforcement of alternative sentencing options such as community service, probation, and fines. The Chief Judge of Lagos State, Honourable Justice Kazeem Alogba, said that the document would ensure uniformity in sentencing and eliminate inconsistencies in the administration of non-custodial sentences.[2] According to him, the reforms are designed not only to reduce the costs of imprisonment but also to aid the reintegration of offenders into society.
The Lagos State Judiciary Non-Custodial Sentencing Practice Directions, 2025, represent a significant development in the administration of criminal justice in Lagos State. Issued pursuant to Section 274 of the 1999 Constitution[3] (as amended) and Section 87 of the High Court Law of Lagos State,[4] the Practice Directions aim to provide clarity, structure, and consistency in the imposition of non-custodial sentences. This aligns with both national and international trends that favour alternatives to imprisonment as a means of decongesting correctional facilities and fostering rehabilitative justice.
A REVIEW OF SALIENT PROVISIONS OF THE PRACTICE DIRECTIONS
Highlighted below is a review of some of the salient provisions of the Lagos State Judiciary Non-Custodial Sentencing Practice Directions, 2025:
A. Objectives: The Practice directions aim to:
i. Ensure decongestion of correctional facilities and institutions[5]
ii. Establish the requirements and procedure for the imposition of non-custodial sentences[6]
B. Application and Scope:
The Practice Directions shall apply to all courts in Lagos State exercising criminal jurisdiction. It is imperative to state, however, that the statutory and inherent jurisdiction of the courts to determine and impose sentences shall not be derogated from but applied in line with these Practice Directions.
Persons who are yet to attain the age of 18 (eighteen) years are exempted from the scope of application of the Practice Directions.[7]
C. Guiding Principles and Factors in Sentencing:
The courts shall, in determining the appropriate sentencing to impose on a convict, consider:
a. The interest of the convict, the victim, and the community
b. The need to treat each case on the merits
c. The objectives of the sentencing, such as prevention of crime, rehabilitation, restraint, deterrence, restitution, retribution, etc.[8]
D. Non-Custodial Sentences that may be imposed by the courts:
The courts may impose one or a combination of any of the following non-custodial sentences in appropriate cases and in line with the Practice Directions:
a. fine
b. compensation
c. restitution
d. probation
e. suspended sentence
f. community service
g. caution
h. deportation
any other non-custodial sentence as may be prescribed by an Act of the National Assembly or the Law of Lagos State[9]
STRENGTHS OF THE PRACTICE DIRECTION
a. CLEAR OBJECTIVES: The practice direction is explicit in its purpose. It promotes fairness and uniformity in sentencing, reduces prison overcrowding, and ensures compliance with the Administration of Criminal Justice Law of Lagos State, 2021 (as amended) and the Nigerian Correctional Service Act, 2019. This reflects a strong policy direction toward restorative and rehabilitative justice.[10] By issuing this practice direction, the Lagos judiciary signals leadership and reduces uncertainty about judicial willingness to use non-custodial sentences.
b. STRUCTURED APPROACH TO NON-CUSTODIAL SENTENCING: The direction provides clear conditions under which non-custodial sentences may be imposed, including ensuring that offenders are not habitual criminals or threats to society. This safeguards public safety while expanding judicial discretion.
c. ALIGNMENT WITH INTERNATIONAL BEST PRACTICE: The Direction emphasizes proportionality, victim-centered measures, and rehabilitative aims, principles reflected in international standards on non-custodial sanctions. This alignment strengthens the legitimacy of the reforms.
d. COMPREHENSIVE GUIDING PRINCIPLES: The Practice Directions set out the objectives of sentencing, which include: prevention, restraint, rehabilitation, deterrence, retribution, restitution, and public education. The framework ensures sentencing remains both principled and contextual, which is done by balancing the interests of the convict, victim, and community.
e. RANGE OF NON-CUSTODIAL OPTIONS: Courts are empowered to impose fines, compensation, restitution, probation, suspended sentences, community service, caution, deportation, and other statutory non-custodial measures. This wide range allows courts to tailor sentences to the nature of the offence and the offender’s circumstances.
KEY WEAKNESSES OF THE PRACTICE DIRECTIONS
a. CAPACITY TO SUPERVISE NON-CUSTODIAL SENTENCES: For alternatives to prison, like probation, community service, or restorative justice to actually work, Nigeria needs strong systems in place to monitor and support them. That means having well-equipped probation officers, community service coordinators, and trained facilitators. However, these services do not have enough funding or resources. Without serious investment, the push toward non-custodial sentencing might look good on paper but would not lead to real results.
b. WEAKNESSES IN ENFORCEMENT AND OVERSIGHT: The policy talks about the need for supervision and making sure people follow the rules, but it does not explain how that will actually happen. It is unclear who is in charge of monitoring, how often reports should be made, or what happens if someone breaks the rules. For this to work in real life, there will be a need for clear guidelines, proper systems, and enough funding to support enforcement.
c. GETTING SUPPORT FROM KEY PLAYERS: For non-custodial sentences to become a regular part of the justice system, people like prosecutors, defense lawyers, and the police need to be on board. If they don’t trust these options or think they’re too soft, then they’re less likely to use them. That’s why public education and awareness campaigns are important to clear up misunderstandings and build support for these alternatives.
AREAS FOR IMPROVEMENT
a. IMPLEMENTATION MECHANISMS: While the Directions identify available non-custodial options, there is limited detail on the infrastructure, monitoring mechanisms, and institutional support necessary for effective implementation (e.g., probation services, community service monitoring, restitution enforcement). Without these, execution may be inconsistent.
b. EXCLUSION OF JUVENILES: The Directions exclude persons under 18, deferring to separate juvenile justice provisions. However, a clearer cross-reference to the Child Rights Law of Lagos State could improve coherence and prevent misapplication.
c. AMBIGUITY ON “HABITUAL OFFENDERS”: The text states that courts should not impose non-custodial sentences on “habitual convicts” but does not define what constitutes “habitual.” Greater clarity would promote consistency.
d. LIMITED EMPHASIS ON VICTIM PARTICIPATION: Although restitution is included, the framework could more explicitly integrate victim input into sentencing, aligning with restorative justice principles.
CONCLUSION
The Lagos State Non-Custodial Sentencing Practice Direction, 2025, is a timely and innovative reform that aims to improve the efficiency, fairness, and humaneness of the criminal justice system. Its success will rely more on implementation, making sure there are enough resources, oversight, coordination, and public visibility. Lagos can drastically cut down on prison overcrowding, enhance the administration of justice, and set an example for other states, provided it maintains the political will and makes the necessary infrastructure investments. For maximum impact, the judiciary and government must invest in enforcement mechanisms and support structures that make non-custodial sentencing not only a legal option but also a practical and sustainable reality.
[1] https://punchng.com/lagos-launches-non-custodial-sentencing-to-decongest-prisons/ accessed September 16, 2025
[2] https://www.legalnigeria.com/lagos-judiciary-launches-non-custodial-sentencing-practice-direction-today-2nd-september-2025/ accessed September 16, 2025
[3] Section 274 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended)
[4] High Court Law of Lagos State, Cap H5, Laws of Lagos State, 2015
[5] This is in line with Sections 347 and 372 of the Administration of Criminal Justice (Amendment) Law, 2021, Section 2(1) (b) of the Nigerian Correctional Service Act, 2019, and any other provisions of the Administration of Criminal Justice Law, Laws of Lagos State, Nigeria.
[6] See generally Article 1(1) of the practice Directions
[7] However, where there is doubt as to whether the Defendant or convict has attained the age of 18 years, the court shall resolve the doubt in favour of the defendant or convict.
[8] See generally Article 3 of the
[9] See generally Article 5(1) of the Practice Directions
[10] Akinseye-George, Y., Administration of Criminal Justice in Nigeria: A Practical Guide (2nd edn, 2019) – on reforms under ACJL and non-custodial sentencing.
Written by Muhiz Adisa & Kareema Muhammed for The Trusted Advisors
Email us: info@cms.trustedadvisorslaw.com