Prisons remain one of the public institutions in Nigeria
that need urgent reform. The call for the reform of the
Nigeria prison services is becoming a perennial thing as
successive governments have failed to do anything tangible
in that direction. Of course, the major problem confronting
the Nigeria prison system is congestion caused by persons
awaiting trial in prisons across the country.
The figure of awaiting trial persons is rising daily and it
is becoming an embarrassment to the nation. For too long,
the plights of the prisoners were not properly addressed.
The recent disclosure by the Minister of Interior, Captain
Emmanuel Iheanacho (rtd) that Nigeria is faced with the
challenge of prison management is correct considering the
figure of awaiting trial persons (ATPs) which was put at
30,000, representing over 65 per cent of the estimated
prisoners-population of 46,000. Indeed, a large percentage
of Nigeria prison immates have stayed for five to seven
years in detention without trial. This upsurge trend is an
eye opener, and its portrays the ugly state of our prison
services.
The condition of the Nigerian prisons is equally begging for
attention. Prisons supposed to be rehabilitation centres. It
is disheartening that in Nigeria, prisons are death traps.
Immates of our prisons are often subjected to in human and
degrading treatments, in violation of the human rights
provisions enshrined in the nation;s constitution and in
line with relevant international conventions and agreements.
Of course, unnecessary delays have become more or less
associated with the process of executing the condemned
prisoners and this could be blamed on the state governors.
Realizing their roles in causing the congestion in the
nation’s prisons, the 36 state governors have collectively
resolved recently at the national council of state parley to
weed out condemned prisoners for execution as a measure to
decongest the over-crowded prisons across the country. Abuse
or reluctant use of prerogative of mercy by some state
governors partly contributes to the congestion in the
Nigerian prisons. Meanwhile, where the application of this
discretionary power is required, it should be applied
liberally. It is against this background that I am
suggesting that amnesty should be granted some of the
awaiting trial persons who are held in detention for no just
cause
More worrisome is the condition of persons awaiting trial in
the prisons across the country. It seems authorities that
manage the Nigerian prison services lack the culture, wisdom
and intellectual wherewithal to put the already decayed
prisons in good shape. What a country called Nigeria!
Moreover, the menace of corruption is indeed an obstacle to
judicial independence in Nigeria and inability of the judges
to uphold the tenets of justice and equity could predictably
lead to influx of innocent persons in prisons. Even with
sufficient legislation the services of incorruptible judges
are required for correct interpretation of laws and sound
justice administration.
The continuous rise in the population of the persons
awaiting trial in prisons, in a sense, is traceable to
ineptitude of the police and its allied agencies and office
of the Director of public prosecution in the various states
of the Federation; these bodies are constitutionally
responsible for propelling prosecution of criminal cases in
Nigeria. Also, abuse of the principle of presumption of
innocence of an accused person by the police is a correlate
of rise in the figure of awaiting trial persons in prisons
across the country. In controvertibly, it is trite in law
generally and in the Nigeria criminal procedure in
particular that every person charged with criminal offence
must be presumed to be innocent until he is proved guilty by
court of competent jurisdiction.
It is regretful that some awaiting trial persons are victims
of circumstances but then they deserve to be given fair
trial within reasonable time; otherwise, it would be a case
of human right violation. The use of adjournments is another
tool usually employed by some members of the bar to delay
justice, thereby causing a person to be committed into
prison as awaiting trial inmate.
The implication of the rise in the figure of awaiting trial
persons is grievous as this affects the image of nation
abroad; hence, the need for total reform of our prison and
judicial systems. More importantly, the reform envisaged in
this circumstance should be holistic and should extend to
the assessment of the roles of police, courts and other
related Agencies in causing dilemma for the nation in the
areas of management of the prison services and judicial
administration.
ONIKE RAHAMAN
PUBLIC AFFAIRS ANALYST
CELE AREA, OYO TOWN, OYO STATE.
PH:
07033902827.
Published
May 11th, 2010
