The Nigerian Correctional Service Act, 2019, signed into law on August 14, 2019, repealed the Prison Act. Cap P., 29, Laws of the Federation of Nigeria, 2004. I have observed some lawyers and some persons who are always apologetic for using the word ‘prison’ whenever they intended to mention ‘a correctional center’ or ‘custodial center’.

Also, prison officers are assumed not to be called as prison officers rather than ‘correctional or custodial centers’ officers. I conducted a research on the Correctional Service Act, 2019-herein after referred to as the NCSA and I was able to form opinion on the legal submission as to whether the word ‘prison’ can validly be used for correctional centers in Nigeria.

It is my humble submission that the word ‘prison’ can be used validly for correctional center. In fact, both can be used interchangeably under the NCSA. Much more important to say is the provision of section 46 of the NCSA which defines ‘Correctional Center’ to mean ‘prison or any centre that serves as a place for detention, imprisonment or incarceration aimed at promoting a reformation, rehabilitation and reintegration of inmates’. Furthermore, also by section 1(2) of the NCSA, correctional service shall consist of: (a) custodial service; and (b) non-custodial service. (Underlining is mine for emphasis). It is my humble submission therefore that where reference is made to a ‘custodial service’, it shall also refer to ‘prison’. However, a non-custodial service’ in my humble view, cannot be referred to as ‘prison’ because a ‘non-custodial center’ is not a center. The word ‘prison’ is defined by the Webster Online Dictionary as’ a building where people are kept as punishment for a crime or while they are waiting to go to court’. This use of ‘prison’ in section 46 of the NCSA (the interpretation section) in my humble view, cannot be a mistake by the drafters of the Act. More so, ‘prison’ is not in my view, a bad word for its purpose. Also, having said this, the word ‘prisoner’ cannot also be invalidly used legally speaking having regards to section 46 of the NCSA (supra). Furthermore, internationally, the word ‘prison’ is still being used validly. For instance, under ‘The IMPLEMENTATION STRATEGY: Revised Standard Minimum Rules for the Treatment of Prisoners: “The Nelson Mandela Rules” (Adopted by the United Nations General Assembly 17 December 2015), the word ‘prison’ is still validly used. Therefore, there is no need to feel apologetic whenever the word ‘prison’ is used by any lawyer or person. Furthermore, all judges and or courts are humbly urged to take cognizance of this synonyms of the word ‘prison’ and ‘custodial or correction service’, for both words are just synonyms and or useable interchangeably.

Finally, it is my humble submission that the word ‘prison’ can be used validly for correctional centers in Nigeria under the NCSA.

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