‘Our Criminal Justice System Lacks Coordination’
“THE VISION OF PRAWA, IS TO PROMOTE A HUMANE AND SECURE SOCIETY THAT CORRECTS AND EMPOWERS, TO PREVENT CRIME, VIOLENCE AND TORTURE”
Nigeria is on record, as one of the countries with the worst penal institutions in the world. Statistics over the years, have shown that, the nation’s prisons are not only overcrowded with inmates incarcerated in the most deplorable conditions, Nigeria also has an extremely high number of awaiting trial inmates. Interventions from civil society organisations and legal aid institutions, have been poorly funded and inadequate. But, the Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh, has in the past 24 years, struggled in her quest to see Nigerian prison inmates, exist in more humane conditions, and come out from confinement, reformed. She told Onikepo Braithwaite and Jude Igbanoi last Friday, amongst other things, about her passion, which is to see Nigerian prisons decongested, the death penalty abolished, and why, come 2019, she wishes to represent her constituency in the House of Representatives
You are the President of the Africa Chapter of the International Corrections and Prisons Association (ICPA). Not much is known about ICPA. Kindly, shed more light on the Association and its activities and relevance.
The ICPA is a global association for correctional practitioners from the public, private and voluntary sectors. Its mission is to promote and share ethical and effective correctional practices to enhance public safety and healthier communities world-wide.
ICPA is an innovative, learning platform which enhances international and inter-agency co-operation. It actively promotes policies and standards for humane and effective correctional policies and practices, assisting in their development and implementation. For us in ICPA, we believe that imprisonment is a last resort, and support the development of alternative sanctions and community corrections. We also believe in the capacity for positive change in individuals, their dignity and the duty to protect their rights.
ICPA annually hosts a major international conference, and regional events for prison and correctional professionals. These provide opportunity for heads of prisons and other correctional practitioners in various countries including Nigeria and other African countries, to share experiences on effective correctional practices. Also, ICPA has collaborated and formed agreements with partner organisations for standards-setting in both Africa (the Abuja Declaration) and in Latin America (the Barbados Declaration). We have pledged to work together with the United Nations Department of Peacekeeping in a concerted manner, to address the many challenges facing prison systems, particularly in developing and post-conflict environments (the UNDPKO Declaration).
The Association also works towards the improvement of professionalism, through its Correctional Leadership Academy and Staff Training initiatives. Its work focuses on Prisons, Community Corrections, Architecture and Planning,
Technology Solutions, Training & Development, Research and Healthcare.
In recognising achievements, ICPA’s annual Correctional Excellence Awards gives special recognition to our distinguished colleagues in the field for their work, towards advancing professional corrections.
One of ICPA’s achievements, is its ability to bring unique conferences and events, to every part of the world. Through the years, our Association has organised over twenty international and regional events, gathering together thousands of correctional professionals to participate in an inclusive, safe and secure forum, for the exchange of ideas, technology and best practices. Our annual conference attracts attendees from over
70 countries, with around 450 delegates representing a broad geographical area, and from a multitude of backgrounds and sectors. This provides a platform to share, collaborate and learn with others, as well as gain global recognition as a leader in corrections, present one’s work to a forum of global experts and professionals, network within the largest international corrections community, showcase best correctional practices and products worldwide, and create business opportunities and contacts.
You are the Founder/Executive Director of Prisoners Rehabilitation and Welfare Action (PRAWA). What sparked off your interest in prisons? What exactly does PRAWA do?
I founded PRAWA at the age of 24, precisely on 16th Dec, 1994. What led to this, was the observation I made from a study I carried out during my NYSC. I served with the Nigeria Police Force, Ondo State Command. During this period, I carried out a study on detainees and prisoners in the police cells and prisons in the State. The finding of this research, clearly showed me that there is need for urgent, holistic and sustainable interventions in prisons and detention centres, and indeed on the justice and security sector in Nigeria.
The vision of PRAWA, is to promote a humane and secure society, that corrects and empowers to prevent crime, violence and torture. Its programme focus, is on the following areas: security and justice sector reforms; social development and rehabilitation, and research and documentation. In actualising its mandate, PRAWA utilises the following strategies: Training and Capacity Bruilding; Research and Policy Advocacy; Human Rights Monitoring; Rehabilitation, Care and Support Services as well as Community Justice initiatives.
PRAWA runs programme interventions in Nigeria, and many other African countries. It has four offices in Nigeria, and liaison offices in Kenya, Rwanda, Zambia, Burundi, and Democratic Republic of Congo. In Nigeria its offices are located in Lagos, Enugu, Abuja and Kano. The organisation has been granted an observer status, by the African Commission on Human and Peoples Rights. Its work has led to the engagement of over 1000 full time, part time, and volunteer staff. It has designed and implemented 79 projects to date, which include the training of over 100,000 prison, police and other justice and security sector officers, provision of rehabilitation and support services to prisoners, ex-prisoners, youth-at-risks, torture victims and their families, and development of over 40 resource materials and other publications. This includes human rights training manuals for prison officers, Nigeria Police Human Rights Training Manual, Nigeria Police Human Rights Trainers Guide, Human Rights Training Manual for Nigeria Police Special Armed Robbery Squad (SARS) and Mobile Police Unit.
Some of the flagship projects of PRAWA include, Establishment of National Clearing House for Pro Bono Legal Services; Prison Decongestion and Redress Scheme; Torture Documentation and Redress Scheme; Crime Prevention and Community Development Scheme; Development of the National Legal Aid Strategy spanning 2017 to 2022, to mention but a few.
Nigerian Prisons are famous for extreme overcrowding, appalling and highly unsanitary conditions, disease, and grossly inadequate medical facilities. In fact, the Minister of Interior was once quoted to have said
that, anyone who is incarcerated in a Nigerian Prison would most likely emerge as an animal. Can you corroborate his assertion? What is the reason for this sad state of affairs?
The challenges faced by the Prison Service, is traceable to the following: High number of pre-trial awaiting trial persons, and long duration of pre-trial detention; poor attitude of policy makers and the general public,S to prison and justice sector related issues; arbitrary arrest and detention by the police and other law enforcement agencies, poor investigation skills, lack of adequate forensic equipment; lack of coordination among justice sector institutions, as well as poor emphasis on prevention of crime, rehabilitation and reintegration of offenders.
There is over-utilisation of imprisonment for almost all cases of offending behaviour, including minor offences. It is not unusual to find an accused spending several months and years in prison, for stealing a tuber of yam or a goat. In May this year, PRAWA Pro bono lawyers and paralegals in Lagos, were able to facilitate the release of a young man detained in Ikoyi prison for more than 6 months for stealing of a bottle of eva wine worth less than N1,500. Thus, the cost of his feeding, etc will be on the State, in addition to the possibility of learning of more criminal behaviour from serious offenders.
In some of our past interviews, some State Government officials have stated that there’s not much the States can do to improve prison conditions, since prisons are Federal Government institutions. Does this really stop States from doing their own bit to improve conditions, or in reality, can they find ways to assist if they so desire?
The law does not stop the States, from contributing towards improving the conditions of prisons within their respective States. Recently, PRAWA and the Nigerian Prison Service conducted a Prison Survey and one of the findings of that survey, is that a very high proportion of the prisoners (over 80 percent) are residents of the States where the prisons are located, prior to their incarceration. Most of them, will also return to that State upon their release from prison. In the interest of community safety and prevention of reoffending behaviours in these States, it will be good for the respective States to assist as well. The same also goes for the various local governments and communities, in the State.
There are examples of assistance given by some States to the Prison Service; in Akwa Ibom State, the State Government constructed and equipped a prison for the Service. Ebonyi State Government is currently constructing a building for the Service. Lagos State Security Trust Fund, donated some vehicles for transportation of prisoners. There are also other few States that have assisted as well. However, these are very few; more States need to assist as well. The fact that the prison is on the Exclusive Legislative List in the Nigerian Constitution, should not deter States from assisting. Secondly, States should take concrete steps, to ensure that their agencies including their respective State Judiciary, Ministry of Justice, Environmental and Traffic Agencies, do not contribute to influx of persons/ detainees into the prisons. This can also be achieved through decriminalisation; of petty/minor offences.
Nigeria has ratified the United Nations OPCAT, by which we have agreed to international inspections of our places of detention by the UN Sub-Committee on the Prevention of Torture (SPT). We would imagine that detention centres include prisons. How then, have we been able to get away with having some of the worst prison facilities in the world, comparable only to extremely horrible places like Sabaneta in Venezuela and Antanimora Prison in Madagascar?
Nigeria has ratified both the United Nations Convention on Torture, Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT), and the Optional Protocol to the United Nations Convention on Torture, Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT). However, in reality, many of the provisions of both UNCAT and OPCAT, are not effectively observed.
The prison is a detention centre, just as there are over 15 other institutions in the country with detention centres. All these, should benefit from the provisions of both of these instruments.
There is need for, effective internal and external oversight monitoring mechanisms. There is need to have a centralised database of all persons in detention, in all places of detention in Nigeria, and human rights training of law enforcement agencies, as contained in the Recommendations to Nigeria during 2013 Universal Periodic Review of Nigeria. There is also the need to ensure the independence, full and effective functioning of the National Preventive Mechanisms, in line with the provision of OPCAT, proper resourcing of these mechanisms, etc.
Why, in your view, is there this perceptibly high level of recidivism in Nigerian prisons? Does that mean that we do not have effective rehabilitative facilities in our Prisons? What can be done about this?
We need to conduct proper risks and needs assessment of all persons in prison custody, upon their arrival in prison. The outcome of this assessment, should guide the design of the treatment regime for each prisoner, proper classification of every prisoner according to their risks and needs, as well as nature of offence; segregation of first offenders and minor offenders from recidivists (habitual offenders,
“NO. NO LIFE CAN EQUATE ANOTHER. TAKING THE OFFENDERS LIVES, WILL NOT BRING BACK THE VICTIMS LIVES”
hardened criminals); proper classification of each prison, according to the nature of the offenders/prisoners detained therein. This should guide the security requirements, facilities and regime of each of these prisons, as well as the type of inmates to be detained in the facility.
Other measures are: Increased support towards rehabilitative programmes and facilities in prisons, including the quality and scope of the educational and vocational training,full functional psychological units, spiritual counselling and training in good social skills, including life planning skills, alternative to violence skills, anger management, etc; Effective community reintegration programmes aimed at prevention of reoffending behaviour, aimed at addressing the factors that led to the initial offending behaviour - these will include addressing problems of unemployment, peer pressure, drug abuse, accommodation needs, etc., and the use of relevant professionals to provide necessary follow-up and support for ex-prisoners and their families, such as aftercare, probation, parole officers, and reduction of the stimga against ex-prison inmates, as stigmatisation is indeed, the second prison, and it makes it difficult for the ex-prisoner to effectively reintegrate into the community and live a normal life.
Do you believe in the death penalty? Is it an effective deterrent against the commission of the crimes it seeks to punish?
No. No life can equate another. Taking the offenders lives, will not bring back the victims lives. Secondly, empirically, death penalty has not been found to be an effective deterrent. Statistics have shown that, the frequency and severity of the offence have not been reduced, when such offences were made to be capital offences. Countries without death penalty, have not fared worse than those with death penalty, with respect to specific offences that attract death sentence in these countries. Thirdly, any error is irreparable. With the quality of our investigative skills, use of torture in eliciting confessional statements, it can be imagined the rate of accuracy of most convictions in Nigeria. Even in more developed climes, some DNA evidence, have proved some sentenced to death innocent of the crimes they were sentenced for.
How is it that some young offenders end up in adult prisons? Are there no facilities like borstals for young offenders? How is the issue of prisoners with mental health issues, handled by the authorities?
There are borstal facilities in Kaduna, Ilorin and Abeokuta. These are surely not enough. All the existing borstal facilities, are for males. There is currently none for women. Many States have also not established remand homes and approved schools for juveniles and young offenders, in line with the provision of the Child Rights Act and the applicable Child Rights Laws. Juveniles and young offenders, are still found in adult prisons because of the fact that in many States, there are no facilities for young offenders. To have them detained in adult prisons, their ages are oftentimes exaggerated in the warrant. To address this problem, the proposed new amendments to the Prison Act by both the Senate and the House of Representatives, have made several provisions regarding this, including safeguards to prevent the detention of young offenders in adult prisons, and the establishment of young offenders facilities in all States of the Federation.
On the treatment of mentally ill persons, the Lunacy Law is still being used. The detention of the so-called civil and criminal lunatics and their treatment, leaves much to be desired. Again, this is one of the issues the proposed amendments to the Prison Act addresses. For example, the proposed amendment includes the establishment of a Mental Health Review Board in all States of the Federation, to be constituted by relevant professions including psychiatrists and psychologists, and with the mandate to promptly review all cases of mentally ill persons in the prisons.
One major problem that has been identified in Nigerian Prisons, is that indigent prison inmates do not really have access to free legal services. Also, the Legal Aid Council of Nigeria, is handicapped in this regard. How can this issue be addressed, especially as it would be one effective means of Prison decongestion?
The simple answer to this question, is to have the full and effective implementation of the Legal Aid Act 2011 and the National Legal Aid Strategy of 2017 to 2022. There is need, for proper resourcing of the Legal Aid Council of Nigeria. The Legal Aid Act 2011 provides for the establishment of a Legal Aid Fund, but this is yet to be implemented by the government. We need proper coordination of all legal aid providers in Nigeria, including the Legal Aid Council of Nigeria, State Ministries of Justice Legal Aid Support, such as the Office of Public Defender and civil society organisations, including NGOs and Faith Based Organisations (FBOs) providing pro bono legal services.
PRAWA, in partnership with the Legal Aid Council of Nigeria (LACON), and Nigerian Bar Association (NBA) with the support of Justice for All (J4A), developed the National Clearing House Database of Pro Bono Legal Services Providers. To actualise the full benefits of this initiative, all pro bono legal service providers should register with the Legal Aid Council of Nigeria (LACON), and provide up-to-date information on those they are providing service for. Also, information on all detainees in prisons and other detention centres requiring free legal aid services, should be provided to LACON. This information should be used by LACON to identify legal aid needs and gaps, as well as ensure that these are attended to by available pro bono lawyers and paralegals registered with them.
How would you assess the current state of Nigeria’s criminal justice system?
It still needs much work. The Nigerian Criminal Justice System lacks proper coordination, including intra, inter and multi agencies coordination. Given the long duration it takes for cases to be completed, the number of pre-trial detainees, the length of their stay in custody, the rate of conviction and the recidivism rate, it is obvious that we need to do more as a nation.
Despite this sad tale, there are some bright lights. This can be seen in some pilot or demonstration (small scale) interventions that need to be replicated and scaled up. We have the Administration of Criminal Justice Act; many States now have the Administration of Criminal Justice Laws. We also have other laws, such as the Child Rights Act, Violence Against Persons (Prohibition) Act 2015 and the Torture Prohibition Act. A comprehensive amendment of the Prison Act – as being proposed by the National Assembly - will positively advance and transform it into the Prisons and Correctional Services. The Police Act, is also being amended. We need to ensure the full and effective implementation of these laws, to begin to feel its benefits on the administration of criminal justice in Nigeria.
The Nigerian Bar Association recently honoured you with a prestigious award, for your outstanding work in criminal justice reform. What does the award mean to you?
I am indeed, delighted at this recognition. I thank God for it. I dedicate it to the Almighty God, and to the many victims of crimes, to the men and women locked up in the many prisons and detention centres in the country and in other countries, and indeed, to criminal justice professionals who have dedicated their time, skills and resources, to contribute to the reform of the Nigerian justice system. I especially thank my husband and children, as well as the Board and Management of PRAWA and my other colleagues at PRAWA, who supported and assisted me in my work.
You aspire to be elected into the House of Representatives. As a Lawyer, what would be your contribution in the area of law reforms?
I am contesting for the post of Federal House of Representatives for Ikwuano/ Umuahia Federal Constituency, in Abia State. I am committed to contributing to legislative excellence, aimed at ensuring that good laws are made that will impact positively on the people, and that all necessary steps – including appropriate budgetary allocations and oversight processes – are carried out to facilitate effective implementation of laws and policies, in the interest of the people. I am coming out to contest, truly, for the service of the people.
Some of the issues I will focus my legislative agenda on, include, making laws that aim at achieving the following: Promote enabling environment for social development and job creation to thrive; utilising technology, innovations, industry to effectively drive the economy; provide a strong and comprehensive focus on the youth, in a way that addresses their needs and encourages their full and positive contributions to the society; empower women through strengthening, supporting and acknowledging their contributions in the economic, social and political sphere; promoting the voice and active participation of women in all spheres; ensuring the protection of women against violence and marginalisation; promote effective and sustainable Security and Justice Sector reforms; support institutions, agencies and interventions under this sector, to enhance their efficiency, quality of service delivery, compliance with human rights standards, and prevention of crime and offending behaviour; support and drive infrastructural development aimed at improving the quality of life of the citizens; support the welfare of the elderly, persons with physical and mental disabilities, as well as other vulnerable groups; promote access to quality education in safe environment, and promote laws that ensure accessible, affordable, and quality health care services for the citizens, including those in rural areas.
“GIVEN THE LONG DURATION IT TAKES FOR CASES TO BE COMPLETED, THE NUMBER OF PRE-TRIAL DETAINEES, THE LENGTH OF THEIR STAY IN CUSTODY, THE RATE OF CONVICTION, AND THE RECIDIVISM RATE, IT IS OBVIOUS THAT WE NEED TO DO MORE AS A NATION”