Court Fixes April 3 for Judgement in Suit Filed by PRAI against FG, Others, over Ikoyi Inmates’ Inhumane Conditions

Justice Mohammed Liman of the Federal High Court sitting in Lagos, has fixed April 3 for judgement in a suit filed by Prisoners’ Rights Advocacy Initiative (PRAI) against the Federal Government and others, over issue of overcrowding and the inhumane conditions the inmates of Ikoyi Custodial Centre live in.

The Judge fixed the date, after taking arguments from the parties to the suit during the last proceedings.

The Incorporated Trustees of PRAI had dragged Federal Government alongside six others, Attorney-General of the Federation, Minister of Interior, Controller-General of the Nigerian Correctional Service, Lagos State Controller of Correctional Service, Attorney-General of Lagos State and the Chief Judge of Lagos State, for the enforcement of the inmates’ fundamental human rights.

In the suit filed and argued by PRAI Director, Ahmed Adetola-Kazeem on behalf of the Inmates of the Ikoyi

Medium Security Custodial Centre, the Claimant had prayed the court to declare that the overcrowding of the Ikoyi Medium Security Custodial Centre, which was originally built in 1955 to accommodate 800 inmates, but now holding about 3,113 inmates as at December 3, 2019, is unconstitutional and violates the inmates’ fundamental right of freedom from degrading treatment and respect for dignity of their persons under Section 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The Claimant also prayed the court, to declare that the overcrowding is a breach of Section 12(8) of the Nigerian Correctional Service Act 2019, which requires the 5th Respondent’s (Lagos State Controller of Corrections) not to keep inmates in excess of the Custodial Centre’s capacity.

At the last proceedings, the 1st and 2nd Respondents, represented by S. I. Onyenma, argued that the Applicant had not been able to establish that

the 1st and 2nd Respondents infringed on the Fundamental Rights of the inmates, so as to invoke the Jurisdiction of the Court, adding that, that the rights or orders being sought by the Applicants are not justiciable, and are policy issues which the Government cannot be sued upon.

Counsel to the 4th and 5th Respondents, H. O. Dele argued that, the Applicant has no cause of action and that the Rights of the Inmates were in no way violated by the 4th and 5th Respondents. Dele also argued that, the suit was an abuse of court process and a mere academic exercise, made to harass and embarrass the Respondents.

6th Respondent’s counsel, Jonathan Ogunsanya, who is an Assistant Director in the Ministry of Justice, Lagos State also argued that, he was not liable for the alleged infringements of the fundamental rights of inmates in Ikoyi Custodial Centre because the Correctional Service is under the Exclusive Legislative list and he and his office are not in charge of the day to day management and superintendent of the facilities.

In response, the Applicant’s counsel, Ahmed Adetola-Kazeem argued that, all the Respondents have core duties to play in ensuring that the Ikoyi Custodial Centre is less crowded, and that the inmates live in humane conditions behind bars, not the current condition where a cell of 30 capacity holds 140, and the Custodial Centre with a total capacity of 800, holds 3,113.

According to Adetola-Kazeem, the existence and continued existence of the alarming population at the Ikoyi Custodial Centre without more, constitutes a reasonable of cause of action against the Respondents for their failure to perform – or neglect thereof – their statutory duties to keep the Custodial Centre within its capacity as enshrined in Section 12(7) of the Nigerian Correctional Service Act, 2019.

“By virtue of Section 12(4) of the Nigerian Correctional

Service Act, 2019, the 5th Respondent “shall within a period not exceeding one week, notify the 6th and 7th Respondents of any excess in the number of inmates that should be in the Custodial Centre. Consequently, upon such notification, the 6th and 7th Respondents, “shall within a period not exceeding three months, take necessary steps to rectify the overcrowding”. See Section 12(7) of the Nigerian Correctional Service Act, 2019. Under Section 12(8) of the Nigeria Correctional Services Act 2019, the 5th Respondent has a duty to reject admission of further inmates once proper notices have been given to the relevant authorities”, Adetola-Kazeem submitted.

On the issue of abuse of court process raised by the 4th and 5th Respondents, the Applicant argued that, they had failed to prove it.

Justice Liman however, adjourned the matter till April 3, 2020 for judgement.