The Unsatisfactory State of Our Justice System (4)
Nigerian Prisons: Waiting for the Wind of Change
"THE ABSENCE OF THE POLITICAL WILL AT THE HIGHEST LEVEL OF GOVERNMENT, HAS BEEN AN IMPORTANT OBSTACLE TO PRISON REFORMS. PRESIDENTIAL INTERVENTIONS IN PRISONS OVER THE YEARS, HAVE BEEN AD-HOC, FREQUENTLY UNIMAGINATIVE AND IN AT LEAST ONE CASE RIDICULOUS"
In the fourth, in a series of write-ups on the unsatisfactory State of our Administration of Justice System, Olawale Fapohunda and Onikepo Braithwaite, write that the Nigerian prisons provide the clearest evidence, yet, that all is not well with our criminal justice system. They argue that, there should be more action than talk by Politicians on prison reform
‘Our party believes in decongesting the prisons and making them true and proper corrective institutions, with well-equipped and functioning workshops, learning centres and improved living and sanitary conditions. In this regard, APC will look seriously into the issues related to prison congestion, and improve the living conditions in Nigerians Prisons’ .... Section 22, Manifesto, All Progressives Congress (APC)
An Inhumane Prisons regime
In a previous article, we said that the Nigeria’s penal system, is an extreme symptom of a chronic illness afflicting our criminal justice system. For emphasis, our prisons suffer from a basic lack of humanity (Sections 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria)(1999 Constitution). In our view, a humane system of imprisonment, would aim to imprison only those Individuals who could not be dealt with by any other means. Its care of prisoners, would aim to help them to retain their human dignity and build a way back to the outside community. It will be restating the obvious, to say that we do not have such a prison regime in Nigeria.
Obstacles to Prison Reform
The absence of the political will at the highest level of government, has been an important obstacle to prison reforms. Presidential interventions in prisons over the years have been ad-hoc, frequently unimaginative, and in at least one case, ridiculous. There was the prisoner release exercise launched in 2000, with emphasis on the prompt release of those who should not be in prisons. The Presidential Prison Decongestion Exercise that focused on providing legal aid and representation for prisoners, followed this in 2006. Poor implementation and the lack of continuity, ensured the failure of both initiatives. The idea of ‘decongestion by execution’, gained currency under the Jonathan administration. State Governors were urged to sign death warrants, as a prisoner reduction strategy. Thankfully, the hullabaloo that greeted that idea, led to its non- implementation.
The Buhari administration, to be fair, has undertaken two major interventions in prisons.
The Federal Executive Council adopted a memorandum by the Honourable Minister of Interior, on prison reforms. The immediate result, has been an increase in the number of prisoner transport vehicles available to the Prisons Service. It remains to be seen, if this is a one-off exercise, or one that will continue into 2018 and well beyond.
The second intervention, was the high level briefing by the Ministry of Interior to the National Council of Sates, on the role of States in prison decongestion. Many states see prisons, as the exclusive preserve of the Federal Government. They readily point to the exclusive legislative list, in support of their position. It is difficult, to rationalise the position of State Governments. Most States provide vehicles and other logistics, in support of the police and other security agencies, without giving a thought to the needs of prisons. It seems simplistic enough, to understand that effective policing may invariably lead to the arrest, prosecution and possibly imprisonment of persons who come into conflict with the law. The prisons service is therefore, as important as other criminal justice institutions.
Some of the other important impediments to prison reforms include:
Archaic Legislation
The Prisons Act, is palpably outdated. The Act does not provide for the proper and efficient administration of prisons, protection of human rights and upholding of international standards. The need therefore, for a new Prisons Act that will bring the prisons regime in line with constitutional and international human rights standards, cannot be overemphasised.
A Bill to amend the Prisons Act, was first laid before the House of Representatives in 2001. Subsequent variations, were proposed in the Senate from 2003 to date. It is a matter of regret that, despite all the expressions of concern by politicians about the state of our prisons, more than 17 years since our return to democracy, we are yet to enact an appropriate prisons law.
Awaiting Trial Prisoners
The majority of persons in prisons are remand prisoners. Statistics we compiled in March this year, showed that our total prison population is 68,259. Out of this number, 46,351 are awaiting trial persons, and only 21,903 were convicts. The nature of prisons is such that, these figures are not static. The rate of overcrowding in Nigerian prisons in general is 70%, however, there are specific prisons with an overcrowding rate of 90%. A combination of poor police investigation and inefficient prosecution, has led to the inability of the courts to quickly process persons charged with criminal offences (contrary to Section 35(2),(3),(4) of the 1999 Constitution).
Poor prison facilities
The issue of old and dilapidated structures, is another important concern. It is the duty of the Prisons Service, to provide secure custody for those committed to its care by the courts. Secure custody, means keeping the prisoners in safe humane custody. Majority of prisoners are housed in squalid and congested cells, due to lack of appropriate structures. Most of the prisons in use, are pre-colonial and colonial prisons, built almost 100 years ago. While we do not think building addition prison facilities will necessarily solve the problem of prison congestion, there is much to be said in support of upgrading existing prisons, or in the extreme, demolishing ancient ones for modern facilities.
Conditions of Service of Prison Officers
This page has frequently stressed that, any improvement in conditions for prisoners, will be dependent on prison staff having pride in their work, and a proper level of competence. The conditions of service under which the prison staff work, are grossly inadequate. The pay is poor, and cannot match the dangers, emotional stress, and social isolation, to which prison officers are exposed to. It is obvious that, inadequately motivated staff cannot find satisfaction in their jobs, neither can they be expected to perform optimally.
Prison Oversight
The Nigerian Prisons Service, has for long been supervised by the Ministry of Interior (formerly Internal Affairs). The Ministry of Interior, jointly supervises the prisons service and other paramilitary services, like the Fire Service, the Immigration Service and the Civil Defence Corps.
The duties of the Prison Services are fundamentally different from that of the Fire service, Immigration and Civil Defence Corps. Therefore, a situation where they are treated in the same way and administered by one administrative body will continue to militate against the efficiency and effectiveness of the prisons service.
Prison Visitors
The weakness of the current approach to prison inspections, is that there appears to be no formal process for any of the various monitoring or visiting systems to report on their findings, either to the management of the Prisons Service, the relevant Ministries, the National Assembly or the President. In addition, none of the external agencies or individuals identified for conducting visits, can do so on a full time basis, and the process, while extremely useful and important, is relatively ad hoc.
A new approach to Prison Reform
At a recent meeting with Justices of the Supreme Court, President Buhari expressed concern about the state of our prisons. In his words, “we need a new approach to prisons decongestion. It is a national scandal, that many prisons are overcrowded by up to 90 percent. Urgent new measures should be put in place, to speedily decongest prisons not only in the interest of justice, but also to save cost for prisons maintenance and enhance the welfare of prisoners”. In our respectful view, undertaking this new approach to prison reforms, cannot be the sole responsibility of the Judiciary. The Executive branch, led by Mr. President should provide leadership to this new thinking. We suggest the following four interventions, for the consideration of Mr. President:
Action 1: Direct the Federal Ministry of Justice to review he Prisons Act, with a view to proposing an amendment for the consideration of the Federal Executive Council. This is without prejudice to the several Prison bills presently at the National Assembly.
Action 2: Remove the Prisons Service from the oversight of the Ministry of Interior, and place it under the Ministry of Justice.
Action 3: Appoint the National Human Rights Commission as Chief Visitor of Prisons, with a formal mandate to conduct inspections on a regular basis, respond to complaints, investigate deaths in custody, publish independent regular findings, and make appropriate recommendations to the President and National Assembly.
Action 4: Direct the Federal Ministry of Justice In collaboration with State Governments, to undertake an audit of all prison facilities in Nigeria, with view to identifying persons who should not be in prison, for the consideration of the National Council of States.