After a three-month tour of the facilities of the Nigerian Correction Service (NCoS), a panel of the Federal Government returned and gave a damning report on the sorry state of the inmates and custodial centres across the country. ADEBISI ONANUGA spoke with experts on how to address these problems.
Last Tuesday, a working group on the review of the legal status of persons in Correctional Centres submitted its first report to the Federal Government.
It investigated cases inconsistent with Section 35 of the 1999 Constitution, and other human rights instruments to which Nigeria is a party.
The audit exercise of inmates in selected custodial centres was carried out between January 13 and March 14.
The facilitator, Olawale Fapohunda (SAN), presented the report to the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN).
The focus was on the legal status of inmates who have been kept in detention longer than the maximum period of imprisonment prescribed for the offence.
The working group identified two distinct categories of inmates: those in remand for non-capital offences and those for capital offences, including terrorism.
In one custodial centre, the working group discovered at least seven inmates remanded for offences relating to terrorism who have been on remand for upwards of 10 years.
No record showed that they were brought before any court since the date of their detention.
This category of inmates includes those without legal representation.
Fapohunda lamented that there were several inmates kept in detention for periods longer than the maximum period of imprisonment prescribed for the offence because they did not have legal representation.
The working group found that an alarmingly high number of inmates in the custodial centres under review were without legal representation.
There were also inmates with life-threatening ailments who required urgent medical attention, the cost of which was outside the budget of the Correctional Services.
Fapohunda said the working group identified several minors, including those whose ages were incompatible with their physical outlook.
Experts in justice, prison reform, and rights advocacy have offered ideas on how the correctional centres can be decongested.
They include the Founder and Executive Director of Crime Victims Foundation of Nigeria (CRIVIFON), Mrs. Gloria Egbuji; the Executive Director of Prison Fellowship of Nigeria (PFN), Dr Jacob Tsado and Founder of Zarepath Aid, a legal aid and criminal justice reform organisation, Ben Abraham.
Mrs. Egbuji said the revelations by the panel had spotlighted the pressing challenges.
She agreed with the panel that issues such as overcrowding, prolonged pre-trial detention, inadequate legal representation, and substandard healthcare are alarmingly prevalent.
According to her, as of 2023, the Nigerian Correctional Service reported a total inmate population of 74,872, with 51,939 individuals—approximately 69 per cent—awaiting trial.
“This statistic underscores systemic inefficiencies that necessitate immediate attention,” she said.
‘Enhance legal representation’
Mrs. Egbuji stressed the need to enhance legal representation for the inmates, most of who lack access to legal aid, prolonging their detention.
She argued that strengthening the Legal Aid Council of Nigeria and collaborating with NGOs can ensure timely legal assistance, adding that initiatives like Hope Behind Bars Africa and CRIVIFON have demonstrated the efficacy of pro-bono legal services in expediting justice.
The rights activist recommends Alternative Dispute Resolution (ADR) to resolve minor offences.
“ADR mechanisms can reduce the burden on courts and correctional facilities. This approach promotes restorative justice and alleviates overcrowding. Lagos State model can be adopted,” she said.
She said adopting community service, probation, and fines for non-violent offenders can decrease inmate populations and facilitate better rehabilitation.
“The Nigerian Correctional Service Act of 2019 supports such measures,” she said.
Mrs Egbuji stressed the need to streamline judicial processes.
“Addressing delays by improving court procedures and ensuring timely trials is crucial.
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“Enhanced coordination among criminal justice stakeholders can mitigate prolonged pre-trial detentions. The ACJA has robust provisions for those,” she said.
Facilitating reintegration and preventing recidivism
Mrs. Egbuji suggested vocational training and education programmes to equip inmates with skills to enhance their employability post-release.
She advised that programmes focusing on trades, literacy, and entrepreneurship can facilitate smoother societal reintegration.
She also stressed the need to strengthen community support systems and engage community organisations in reintegration efforts to foster acceptance and support for ex-inmates to reduce stigma and promote societal harmony.
The CRIVIFON Executive Director stressed the need to improve infrastructure by renovating facilities to ensure adequate ventilation, sanitation, and living space is essential.
“Addressing overcrowding by constructing additional facilities or expanding existing ones is imperative.
“Some awaiting trial inmates (ATMs) die while in overcrowded awaiting cells Ikoyi prison is a good example,” she said.
According to her, regular medical check-ups and prompt treatment for ailments are vital.
She added that partnerships with health organisations can bolster medical services within correctional centres.
Mrs Egbuji suggested that correctional officers be educated on human rights and modern rehabilitation practices to foster a more compassionate environment.
She also suggested policy reforms by reviewing and amending laws that contribute to excessive incarceration, such as stringent bail conditions for minor offences, which can reduce inmate numbers.
She submitted that technological integration through the implementation of electronic case management systems enhances transparency and efficiency in tracking inmate cases, reducing unnecessary delays.
She believes that if these measures are implemented, Nigeria can transform its correctional system into one that upholds human dignity, ensures justice, and promotes effective rehabilitation.
Transformation of custodial centres
Dr. Tsado agreed with the panel report that there is an urgent need to transform the custodial system into one that truly corrects and rehabilitates.
He listed the strategies to be adopted, including speeding up the judicial processes, promoting non-custodial sentences for minor offences, and enforcing fair bail conditions.
The PFN Executive Director suggested transforming the Non-Custodial Directorate into a full-fledged Probation Service staffed by trained professionals to supervise and rehabilitate offenders outside of custody while a national offender database should be established to track and manage sentencing and reintegration.
He emphasised the need for adequate food, healthcare, and sanitation while upgrading infrastructure to meet humane standards.
Restorative Justice Implementation
Dr Tsado stressed the need to establish dedicated Restorative Justice centres within judicial and correctional institutions and invest in training law enforcement and judicial officers to apply RJ principles effectively.
Stronger Oversight & Accountability
To drive reforms in correctional facilities, he said there was a need to introduce regular independent inspections and foster public-private partnerships
Urgent action needed
Abraham noted that there have been several panels and reports over time pointing to the inhumane living conditions in our correctional facilities.
He said issues abound in the area of feeding, health and medical management, beddings, condition of the cells, water, sanitary and case management of inmates.
According to him, most custodial facilities are over-stretched, carrying more than their built-in capacity.
“In Lagos State, for instance, the custodial facilities are congested. Ikoyi facility presently houses well over 3,000 inmates, a wide margin from the 800-inmate built-in capacity.
“Sometime in October 2023, the correctional authorities in Lagos State cried out that their cells could no longer take more inmates.
“They activated S.12(4) of the Nigerian Correctional Service Act 2019 and refused the further intake of remanded suspects.”
He recalled that stakeholders in the criminal justice system rallied around to rejig the system and decongest the cells.
Abraham said after the efforts at decongestion by the stakeholders, the prison authorities renewed the intake of remanded suspects.
He noted that the NCS has also lamented that of the number of inmates under their custody, only about 30 per cent are convicted inmates. The rest are awaiting trial inmates.
Abraham said the problem of prison congestion is multi-sectoral.
“The activities of the Police in this chaos are worth noting and condemning,” he said.
He said: “To date, the Police engage in mass arrest of people in what is referred to as ‘raiding’.
“Some of the arrested ‘suspects’ manage to pay their way out while the rest are slammed with different charges and remanded in custody by Magistrate courts.
“While a number of these ‘suspects’ fulfil their bail conditions and go home to attend their trial from there, many others are unable to do so, further congesting the facilities and stretching the few available resources.
“From our experience, many of these cases are struck out at the threshold because, as expected, the Police have no witnesses to support the charges. They are trumped-up charges.
“So, for any meaningful thing to be done in the area of decongestion of the custodial centres and by extension the reforming of the criminal justice system, the role of the Police must be wholly interrogated and re-calibrated.
“Until we begin to hold some of the police operatives personally liable for these infractions, they will continue to act with impunity.”
Way forward
Abraham recalled that the Buhari Administration signed a Constitution Amendment Act removing prisons and corrections from the exclusive legislative list to the concurrent list thus granting state governments the power to legislate on and set up correctional facilities.
He, therefore, suggested a federal/state government joint committee to oversee the handover of these centres to the state governments barring a few that the Federal Government will retain.
He also advised that state governments should be encouraged to work with non-governmental and civil society organisations as well as faith-based organisations towards reforms.
Private prisons
Abraham suggested a tinkering of the constitution to make way for private custodial centres as obtained in the USA, South Africa and other places to deal with congestion.
“A number of organisations can set up reform-oriented custodial centres to begin to achieve reform,” he suggested.
He noted that Section 469 of the Administration of Criminal Justice Act (ACJA) 2015 provides for the establishment, functions and funding of an Administration of Criminal Justice Monitoring Committee (ACJMC) to among other things, work towards custodial decongestion.
Abraham said a state of emergency should be announced in custodial centres to trigger urgent measures to reform the management of these centres and the criminal justice system.
He said the feeding of inmates must be a focal point of any action toward reform/.
To him, the quality of the food served in the prisons is not fit for dogs to eat.
‘Correctional centres should have separate commission’
He advised that any reformative action must also address the welfare of Correctional staff to improve the situation in the Correctional Centres.
“For a long time, members of staff of the Nigeria Correctional Service (NCS) have faced neglect in the area of their welfare, pay, promotion and training.
“The fact that Corrections is lumped together with other agencies in one service commission further underlines the lack of attention in this area,” he pointed out.
Abraham said the Correctional Service should have a separate service commission just like the Police Service Commission.
“The low morale arising from this neglect has affected many warders and further aided the rise of rogue warders who assist the inmates to commit crimes as we heard recently about a custodial centre in Warri, Delta State,” he said.
Deploy inmates to work for pay
Abraham recommended deploying the inmates to work in selected activities for pay as obtained abroad.
He argued that when the huge number of inmates are deployed to productive ventures, they will not only earn income that will come in handy when released, but also have less time for negative activities.
He also suggested that more provision should be made for skill empowerment before discharge.
Ubani: amend laws
A former Second Vice President of the Nigerian Bar Association (NBA), Dr Monday Ubani, said inmates awaiting trial are more than those who have been convicted.
“It is absolutely wrong. That place should not be a correctional centre in name but in substance.
“At the moment, it’s not correcting anything when all manner of persons are put there who should not be.
Maybe we need to amend our laws,” he said.
On the way forward, he said: “If somebody is detained, and you cannot initiate a trial within a month or two months, then the person should not be there. Damages should be paid to the person you have detained wrongly.
“There may be more drastic advocacy that must be done in order to ensure that our laws do not tolerate a situation where an innocent person, or even a guilty one, is not even brought before trial.
“Every charge must be tried. It is when you are convicted that the law says you can serve a prison term, not when you are not convicted and you are still presumed to be innocent under our Constitution.”
