Ensuring Sustainable Peace, Justice and Strong Institutions through Restorative Justice and Non-Custodial Sentences in Nigeria

Abstract

Restorative justice and non-custodial sentences are alternative approaches to the
conventional criminal justice process. They provide opportunities to parties (offenders,
victims, their families, and the community) to take part in addressing the crime and
carrying out restitution to reverse the harm caused by it. These are mainly the only
measures available for victims to participate in redressing the wrong done by the
offender. Restorative justice and non-custodial sentence do not only punish the offender
who has committed a criminal offence in a way different from imprisonment but also
provide succour to the victim of the crime through restitution, compensation, public
apology, and other restorative means. The concept of restorative justice is the lesson that
criminal behaviour does not only break the law but also causes harm to the victims and
the community while the non-custodial sentence gives the offender a second chance to
make a difference in society. This article considers the legal framework for restorative
justice and non-custodial sentences in Nigeria through the United Nations rules and the
Sustainable Development Goal 16, Goal 16 is about promoting peaceful and inclusive
societies, providing access to justice for all and building effective, accountable and
inclusive institutions at all levels. This article adopts doctrinal research methodology and
places reliance on primary and secondary sources. It relies on international law, statutes,
case laws, articles in journals, and online materials among others. It argues that both
restorative justice and non-custodial sentence are effective measures in criminal justice
administration in Nigeria.