Revamping Nigeria’s criminal justice system

Recent directives by the Federal Government ordering immediate decongestion of correctional centres across the country is heartening, at least as a measure of alleviating the worsening, dehumanising living conditions of prisoners in those centres.

However, given that such directives had been given many times in the past without commensurate result, the Minister of Interior, Rauf Aregbesola should not rely on the mere strength of the directive, else it will be another rhetorical exercise. Decongesting the prisons, and reforming that aspect of criminal justice system requires more than renaming prisons as correctional centres. There is need to think out of the box, and possibly introduce parole and suspended sentences system, in accordance with international standard.

Giving the order, Aregbesola, directed the Nigerian Correctional Service (NCoS) to parley with state governments on how to immediately decongest the correctional facilities, as there has been an upsurge of inmates in recent times, and three-quarters of the inmates in custody are awaiting trial. According to the minister, “We are all working for a humane environment where inmates can realise their potential and achieve their dreams while serving a jail term. They are human beings like you and me; hence the need for us to ensure good living conditions throughout their stay.”

The minister is enthusiastic in his directive, but it should be matched with appropriate action. The country’s criminal justice system cannot claim to have a pass mark when almost half of the detainees in the various correctional centres are victims of maltreatment and miscarriage of justice. A survey conducted by Travesty of Justice, an advocacy and human rights group in Nigeria indicated that about 70% of prisoners languishing in the various Nigerian correctional centres are Awaiting Trial Inmates (ATM); 90% of the correctional centres are over-congested, which comes with overstretching of infrastructure, occasioning an outbreak of diseases in correctional centre environment.

The correctional centre jailbreaks in Nigeria resulted from protests of prisoners against the dehumanising condition in the centres. Worse still, crime investigation drags on endlessly. Oftentimes, awaiting trial inmates are hardly brought to court because there are no “Black Maria” vehicles to convey them on court days. Even when they are arraigned, the trial is marred by endless adjournments at the instance of the prosecuting police, often for lack of vital evidence to prosecute the suspects. Magistrates who lack the jurisdiction to try certain offenses like murder charge continue to remand suspects in prisons under the cover of “Holden Charge”, which is unconstitutional. These problems are compounded by corruption. Corrupt police officers arrest innocent citizens on trumped-up charges just to extort money from them.

A visit to one of the correctional centres in Lagos, typically throws up oddities that assault the eyes. A typical correctional centre built during colonial times, is highly dilapidated. Out of the 3,012 prisoners sheltered in the correctional centre, only 163 had been convicted by court; 285 awaiting trial inmates had been charged to court, while the rest have been languishing in the centre without trial and without bail. The prison’s blocked soak-away and septic tanks ooze stinking human faeces. The correctional centre sick bay is bogged by about 27 prisoners afflicted with various diseases while the sick bay lacks essential drugs and medicals.

There are usually very pathetic stories to tell about inmates of a typical correctional centre. A prisoner in his late 60s has been abandoned in a centre since 2010 without trial and bail. Another prisoner had spent 12 years in prison without trial and without bail, even after the Director of Public Prosecution (DPP) had issued a report that the man was an innocent person. As many as 17 prisoners were cramped together in one tiny, suffocating cell with little or no windows, and mosquitoes feast on their bodies every night. Some prisoners had lost their senses in prison and, therefore, could not explain how they got there.

Therefore, Nigeria’s appalling criminal justice system is overdue for reform. For 40 years or even more, the country has been living on the empty promise of the government that it is committed to reform the prisons and revamp the criminal justice system. Successive governments and Attorneys-General have made stronger commitments in this direction, only to woefully fail to do anything afterwards. Monies being budgeted for prison reforms and the welfare of prisoners are hardly accounted for. Indeed, the Nigerian correctional centres are colonial relics which have not been rebuilt or reconstructed, despite the increasing number of inmates in the centres. The result is over-congestion of the correctional centres. For example, a correctional centre that has the capacity for 800 inmates is made to accommodate 1,700 inmates. No wonder the suffocating odious smell constantly oozes out from the prisons. Sadly, most of the inmates have spent more time in detention than they would have if, from the outset, they had been charged, tried, convicted, and sentenced.

Notably too, in the last 25 years or so, no State Governor has signed a death warrant endorsing the execution of any condemned prisoner languishing in prisons. Such condemned prisoners should be released forthwith. To continue to keep them in prison to agonise indefinitely is a violation of their right to life and personal dignity as enshrined in section 33 of the 1999 Constitution and Article 4 of the African Charter on Human and People’s Rights; and as held by the court in Peter Nemi V Attorney-General of Lagos State. It is now trite law that the right to life is available even to condemned prisoners or prisoners on death row until their execution is carried out according to the law.

To revamp the country’s criminal justice system, there is an urgent need to decongest correctional centres by building new facilities across the country, not only to accommodate more inmates but also to provide better facilities for inmates, improve their living conditions, and create suitable learning environment that will aid in reintegrating them back into society after serving their prison terms. Awaiting trial inmates who have not been tried within the time prescribed in the Constitution should be freed immediately. The police should release all illegally detained persons in their police stations. Bail is free. Consequently, the police should stop extorting money from criminal suspects before granting them bail. The government should stop procrastinating and launch itself to implement the various recommendations tabled before successive Nigerian governments on prison reforms and revamping criminal justice system. Apart from government intervention, public-spirited individuals, NGOs, corporate organisations, churches, mosques, and others should erect frameworks of solidarity in assisting prisoners. Lawyers should render pro-bono legal services to ATMs; while the Nigerian Bar Association (NBA) can volunteer key roles to decongest correctional centres of ATM without bail and trial.

It is time for the government and all stakeholders to erect a framework for revamping Nigeria’s criminal justice system. Nigerians have been waiting for a long time to see concrete actions and results on this. Mere rhetoric cannot solve the problem. The country needs concrete actions and results now.