NEWSLETTER 2.cdr - PRAWA

PRISON SURVEY REPORT


(VOLUME 1)

PRAWA


NEWSLETTER

(VOLUME 3)

(VOLUME 2)

A Research on Pre Trial Detention in Nigeria

Social-economic Characteristics of Prisons and Impact of Imprisonment in Nigeria

A Perception Survey of Prison Officers in Nigeria

PRISON SURVEY: NIGERIA NPS & PRAWA


March 2018


A Monthly Publication of PRAWA Communications Unit. [email protected] Graphic Design & Editing - Edward Okeke

NIGERIAN PRISONS SURVEY REPORTS VOL. 1 - 3 - FREE @ www.prawa.org

Awaiting Trial Persons Congest Nigerian Prisons

T R Y T H E M O R F R E E T H E M

Nigeria Justice Reform Priorities Over the years Nigeria Prison Service has faced several challenges including weak internal capacity, poor financial allocation/budgeting, inadequate external oversight, outdated and inadequate prison building and infrastructure, inadequate rehabilitation/reintegration programmes, high number of pre-trial detainees, allegations of human rights abuses, corruption, accountability issues and lack of strategic direction. Overcrowding is a common feature in many of the prisons across the country, with many holding in excess of 300 per cent of their approved capacity and that's brought about by the actions of various players in the sector. The primary cause of the prison overcrowding is traceable to the very high proportion of awaiting trial/unconvicted prisoners which makes up to 68 percent of the overall prison population.

JUVENILE In Adult

PRISONS Is CounterProductive

It is important to note, that as at Monday March 19, 2018, inmate population nationwide, stood at 71,522 and of this number, 48,798 representing 68% are awaiting trial persons (ATP) while 22,724 representing 32% are convicted inmates. If 68% are ATPs, it means a state of emergency needs to be declared in our criminal justice sector. The root causes of problems in this sector include weak capacity within the criminal justice institutions, poor coordination and communication between the criminal justice actors, over-use of imprisonment/inadequate utilization of non-custodial sentences, etc. The Nigerian Prisons Survey Reports were presented to stakeholders on the 1st of February, 2018 and one of the key recommendations of the reports is the urgent need to develop a framework and clear indicators for assessing and understanding the 'true' cost of imprisonment (including the cost of excessive use of pre-trial detention), in terms of both the direct and indirect costs. In addition, the reports recommend the assessment of these costs on the basis of its impacts on the prisoners, ex-prisoners, their families, the primary and secondary victims, the prison officers, criminal justice agencies, the community, the States and the country as a whole. Speaking of Nigerian justice reform priorities, let's start from the Administration of Criminal Justice Act (ACJA). Permit me to say a little about it… The federal government in its wisdom has done well with the ACJA. The Act which was signed into law in May 2015, has a 495-section law divided into 49 parts, providing for the administration of Continued on overleaf

PRAWA VISION The Emergence of a Humane and secure society that corrects and empowers to prevent crime, violence and torture

Nigeria Justice Reform Priorities

NIGERIAN PRISON SURVEY REPORTS

Continued from cover

criminal justice and for related matters in the courts of the Federal Capital Territory and other Federal Courts in Nigeria. With the ACJA, Nigeria now has a unique and unified law applicable in all federal courts and with respect to offences contained in Federal Legislations. The law repeals the erstwhile Criminal Procedure Act as applied in the South and the Criminal Procedure (Northern states) Act, which applied in the North and the Administration of Justice Commission Act. The ACJA, by merging the major provisions of the two principal criminal justice legislations in Nigeria, that is CPA and CPC, preserves the existing criminal procedures while introducing new provisions that will enhance the efficiency of the justice system and help fill the gaps observed in these laws over the course of several decades. The law has been described as the much awaited revolution in the criminal justice arena as the criminal justice system existing before the coming into force of this law has lost its capacity to respond quickly to the needs of the society, check the rising wave of crime, speedily bring criminals to book and protect the victims of crime. Priorities: 1.

Following the success of the presentation, the National Assembly is already working actively on some of the findings and recommendations contained in the Reports as the relevant House Committees have been mandated by the House of Representatives to conduct investigative hearing on Prison reforms.

Domestication of the ACJA by every state in Nigeria. We must begin through advocacy and other means to push for every state to domesticate the act. When this is done, the complexity of the Nigerian criminal justice will be reduced. For instance, the act comes with responsibility for all players in the sector. The judiciary as custodians of the law, the police as the arresting agency, the prisons as custodians of the legally interned; everyone has a role to play in the ACJA. Late last year, the NBA disclosed that it has finalized plans to adopt and domesticate the Administration of Criminal Justice Act across 28 states of the Federation where the act has not been adopted. The NBA President, Abubakar Mahmoud (SAN), said the association hopes to achieve this through advocacy and provision of technical support to the States with a view to guiding them to domestication or adoption.

2.

The Nigerian Prison Survey Reports which were presented to stakeholders in Abuja on February 1, 2018 signify a landmark achievement in the Security and Justice sector.

There needs to be a central registry for crime to forestall situations whereby a crime is

The document which highlights key areas for penal reform originated from a collaboration between PRAWA and the Nigerian Prisons Service. The presentation saw in attendance, dignitaries including the Vice President of the Federal Republic of Nigeria, His Excellency, Prof. Yemi Osinbajo SAN ably represented by the Honourable Minister of the Interior, Lt. General AB Dambazzau (Rtd), the ControllerGeneral of Prisons, the Heads of Foreign Missions in Nigeria, Members of the National Assembly and the Heads of some Security and Justice Sector Institutions, amongst others.

committed in one state and the offender is prosecuted as a first time offender and he goes to another state commits the same crime as a first time offender under another name. Efficient processing of criminals will be a great improvement in our justice sector reform. 3.

There must be de-criminalization of poverty. The actions of some players in the sector is causing a lot of problem. Arresting people for hawking wares or picking up people for wandering and arraigning them in mobile courts with a specific goal…pay a fine or go to jail. Some of these courts have become revenue generating ventures instead of solving problems in the society. These kinds of action have contributed in no small measure in congesting our prisons.

4.

Strengthening the Legal Aid Council of Nigeria for access to legal representation for indigent offenders. I hear a fund was created for this purpose but funding it is another question altogether. Also, Pro bono activities must be encouraged.

5.

Provision of more Borstal Institution, Remand Homes and Approved Schools in each State of the Federation which currently stands at just 3. Having juvenile in adult prisons is counter-productive.

6.

Upgrading of existing Prisons to meet up with international standards, and provision of adequate vocational training materials for reformation and rehabilitation. If you recall, His Excellency Prof. Yemi Osinbajo said at the presentation of the reports that Nigerian prisons turn people to animals. We all know the implication of that on the larger society when these so called “animals” are unleashed on society at the end of their term. Continued on page 3 HON. MINISTER OF THE INTERIOR MAKING HIS ENTRY TO THE PRESENTATION OF NIGERIAN PRISONS SURVEY REPORTS FLANKED BY HON. JUSTICE I. BELLO & CGP AHMED JA’AFARU

Nigeria Justice Reform Priorities

Continued from page 2

PRAWA STAFF & BBC MEDIA ACTION STAFF Third & Fourth from left - PRAWA Lagos office head, Gift Igbokwe and Catherine Onebunne after a presentation

So drastic action needs to be taken to ensure a better living condition that reforms and rehabilitates to foster “the emergence of a humane and secure society that corrects and empowers to prevent crime”. instead of what we currently have. 7.

One critical area which is being looked into and which is indeed a key priority, is the Budgeting for Women and Other Vulnerable Prisoners component.You must agree, that consideration for the vulnerable groups in prison is of prime importance; given the scale of specialized care and attention required by pregnant women, nursing mothers, the elderly, people with terminal illnesses, the mentally ill, juvenile offenders and more. The Nigeria Prisons Service is working with PRAWA as technical partner to include the unique and specific needs of these groups in the annual prison budget.

8.

PARALEGAL TRAINING & CAPACITY BUILDING

Efficient management of criminal proceedings is of significant concern to stakeholders. Factors necessitating this includes the following: Delays in assignment of cases and consideration of applications for leave to prefer a charge; Frequent adjournments of cases due the non-appearance of prosecutors, defence lawyers, accused persons and witnesses; Late arrivals of judges and irregular court sittings; Inefficient case management systems, worsened by heavy caseloads and logistics constraints; Defence lawyers delay progress of cases, especially when there is a high probability of conviction.

9.

Furthermore, the non-appearance of remand prisoners/accused persons in court on/at

PARALEGAL TRAINING & CAPACITY BUILDING

the scheduled date and time is a significant cause of delay in criminal justice proceedings. These are caused by factors such as: inadequate functional vehicles to convey remand prisoners to court when required; Lack of resources to maintain and run the vehicles (e.g. fuelling, repair/replacement of parts); etc. The consequence is that remand prisoners do not get taken to court or on occasions prisoners or their families are asked to cover the cost; and poor coordination, communication and logistics planning internally and between agencies leading to misunderstandings of when prisoners need

INTERACTIVE SESSION BETWEEN PARALEGAL, PROBONO LAWYERS & STAKEHOLDERS

to go to (which) court. Opportunities to increase efficiency are missed and resources are sometimes wasted.

Behind Bars

One Woman's Living Nightmare By Mercedes Alfa Women in prison make up a paltry 2% of the entire inmate population in Nigeria according to statistics by the Assistant Controller-General of Prisons, Suraj Olarinde at the PRAWAorganised Technical Session on the Prison Survey Reports to Development Partners on 15th March 2018. This means that because women in prisoners constitute a minority, their specific and unique needs are often unaccounted for thus making them a marginalised group.

Interactive session between Paralegal, Pro Bono lawyers and Stakeholders (Legai Aid Council of Nigeriar, Lagos State, Office of Public Defender, OPD, Nigerian Prisons Services) & PRAWA.

Aisha*, a female inmate in a Nigerian prison details her harrowing experience within the system. Detained without trial when she was four months pregnant, she describes the troubles and ills associated with prenatal care and general personal hygiene. The conditions were so poor due to the overcrowding and a dearth of resources so items such

The meeting centered on sustainability of the Paralegal scheme and Pro Bono services in Nigeria, challenges faced by different paralegal teams and successes recorded.

Continued on page 4

Continued from page 3

Behind Bars

as soap and detergent were a luxury to inmates like her. Unfortunately for her, her situation was compounded by the presence of fibroids made worse due to stress. According to her, she experienced severe abdominal pains and the bleeding she encountered made her fear for the life of her unborn child. There were no sanitary pads available to her or any of the other female inmates save for whenever a non-governmental organisation or religious group would donate these items. So, they were irregular, and the women had to make do with pieces of cloth which would be reused over and over causing infections to several of them. It also meant that there was a regular stench in the cells from dried up blood. Aisha was lucky that she did not lose her baby. It was an extremely difficult birth for her and things got even more challenging when the baby came. She did not lactate enough and so the baby had to make do with pap and water sometimes. Her child is now eight months old but looks younger than that. She is frail and has some spotting on her skin. This is just one woman's story of what she has had to go through in prison. We need to bring the experiences of women in prison to light to ensure that their needs are recognised. In this light, PRAWA and the Nigerian Prisons Service have begun the process of mapping the needs of women as well as other groups of vulnerable prisoners for inclusion in the annual prison budget. It is also necessary for the public to partake in this discourse to ensure that we all work towards the goal of providing basic personal and health needs in line with their specific needs. *Please note that names have been changed for the purpose of confidentiality and to protect the identities of the parties mentioned. Behind Bars is a series that touches on human stories within the Nigerian prison system

OUR VISION IS THE EMERGENCE OF A HUMANE AND SECURE SOCIETY THAT CORRECTS AND EMPOWERS TO PREVENT CRIME, VIOLENCE AND TORTURE.

Pu sh Pri ing s Re on for m

One Woman's Living Nightmare

Nigeria's Human Rights Observance in Counter-Terrorism Efforts By Mercedes Alfa Many experts will tell you that human rights and counter-terrorism are not mutually exclusive. Rather, they

society. In this context, Martin Luther King Jr

are mutually reinforcing; an inter-feeding dynamic which affects the other. Thus, there is an extremely

stated that “injustice anywhere is a threat to justice

important need for governments to observe and uphold the human rights of terrorist suspects and convicts.

everywhere”.

It is important that we recognize that despite heinous crimes committed, they still have rights which are to be upheld.

Having x-rayed the meaning of justice in the

Of course, in theory the very idea of upholding the human rights of terrorists who grossly violate the human

really have equal access to justice in Nigeria? It is

layman terms, one would be tempted to ask, do we rights of innocent victims sounds ridiculous. But there are a few things which are to be considered thematically: ·

There is a cycle of human rights abuse which must be recognized. It follows that a good number of persons become terrorists because they experienced human rights abuses in their own lives

·

The breaking of the cycle can impact on terrorism recruitment greatly in terms of reduction

·

Some terrorists are themselves victims

·

Because there is always a sliver of a chance that innocent persons will be caught in the net for crimes

pertinent to note that there are some factors that truncate justice dispensation in Nigeria even when it is enshrined in the Constitution that every citizen is equal before the law and has equal right for fair hearing. This is also applicable to other international treaties which Nigeria ratifies. Access to justice does not mean mere access to lawyers and courts. It is much more broader than this as it encompasses a recognition that everyone is entitled to the protection of the law and that whatever rights we seek to protect are meaningless unless those rights can be enforced with minimal constraints to the aggrieved persons and under circumstances ensuring that all manner of people are treated fairly according to the law and are able to get appropriate redress in circumstances when they are treated unfairly. In this context, there is no access to justice where

they are not guilty of, it is important that we treat all offenders with a humane approach.

citizens especially the marginalized groups not only conceive the system as frightening or alien.

PRAWA recently served on a panel at a UNODC seminar on human rights and criminal justice responses to

There are circumstances where citizens have no

terrorism which saw various state players in the security and justice sector such as the Nigerian Army, the

lawyers either because of inadequate resources to

Police, the National Judicial Institute, the Nigerian Bar Association and more.

access them; lack of access to information or knowledge of their rights; or the system is

Amnesty International in previous reports detailed the human rights abuses on Boko Haram terrorists by the

fundamentally weak in delivering justice to the

Nigerian Army. This was alleged to have included acts of torture. The military have since made certain

citizens.

improvements by introducing a monitoring mechanism through the establishment of human rights desk in their units through which the public can engage and make complaints for necessary action.

Regrettably, justice in Nigeria can only be accessed

In Ogechi Ogu Esq., Deputy Director at PRAWA's words, “the government cannot reduce itself to employing

by the elite, political class and high profile

the approach of terrorists”. In other words, the whole essence of policing actions is to hold offenders

businessmen while the poor are allowed to

accountable not to mirror their actions.

languish in jail. Mostly in every arrest, those who can afford the police “tyrannical” high cost of bail-

Access to Justice

By Catherine Onebunne Esq.

out charge are always discharged at the station while the poor among them will be charged to

The essence of law in every human setting is to

keeping the rules of the law. More so, in making

ensure peaceful coexistence. It is aimed at

this judgment, a fair pattern must be followed and

ensuring orderliness and discipline. The law may

that is referred to as justice. Therefore, Justice can

be written (Constitution) or unwritten (morality).

be defined as a strict adherence to the rule of law.

Law is as old as man; the Biblical story has it that

It can also be defined as a commitment to render

after the creation of man, God established a law

to each party what his/her is due. It is the fairness in

that instructed Adam and Eve on the Dos and Do-

protection of what is right and punishment of what

nots of the garden. When that law was broken,

is wrong (law dictionary). The law of the land

God passed a judgment. Judgment can therefore

makes everyone equal before the law. The undue

be seen as a decision on the consequences of not

administration of justice results to chaos in the

court for prosecution. This does not matter whether you are the principal suspect even when all evidence “hangs on your neck”, as long as you can buy your way out, you are free. Moreover, the bail conditions attached to some offences are so stringent that an average Nigerian cannot afford it and so, many languish in jail.

Continued on page 6

ACCESS TO JUSTICE

Continued From page 5

Other factors that militate against access to

to “dance to their tune”. Some registrars have a

brought about loss of hope in the system. Many no

justice in Nigeria include:

very bad attitude to work.

longer believe that something good can come out

ATTITUDE OF PROSECUTORS

MONEY ATTACHED FOR FILLING OF CASE

to be the last hope of a common man.

of it. Gone are the days when judiciary is believed

Some prosecutors can be regarded as persecutors;

Due to the high amount of money involved in filling

they have deviated from the mandate given to

of court processes the poor never get justice.

them and in the process, frustrate the poor who

PRAWA once intervened in a case where a

poor masses bear the consequences of their act of

seek justice. Some of these prosecutors go to the

pregnant woman was arrested in lieu of her

injustice. Can the country still boast of people like

extent of hiding the DPP advice given to them

husband and kept in detention for two days. Due to

Lord Denning who stood by the truth in all

which is not favorable to them, also they demand

the intervention, she was released but we could

circumstances. Unfortunately, our judicial system

bribe from inmates or the accuse persons for their

not fight for her right because she was indigent and

has been turned to a sledgehammer against the

files to get transferred to the appropriate place.

could not afford the huge amount involved in

poor by some agents of government and the ruling

How can the accused be asked for money before

litigation. So one may be tempted to ask “where is

class. This has given birth to frustration among the

Some judges are corrupt to the extent that the

forwarding the case file to DPP? Authourities ought

justice in Nigeria? Until justice is made affordable,

masses. Survival of the fittest becomes the order

to ensure that cases that need to be forwarded for

access to justice will remain a mere slogan to the

of the day.

DPP’s advice are sent without any hitch.

average Nigerian. Until the Nigerian Police Force

COURT REGISTRAR

complainant for mobilization fee, until these and

of Nigerians can access justice as enshrined in the

The court registrar is another “big monster” or

more are taken into consideration the fate of a

constitution.

obstacle that hinders access to justice. Some

“common man” will always be determined by the

can make an arrest without asking the

request money before files can be presented to

economy and the ruling class.

magistrate, they go to the extent of not listing a

CORRUPTION IN JUDICIARY

case just to frustrate the effort of anyone who fails

The corrupt nature of our judicial system has

It could be right to say that only a small percentage

PRAWA Board, Management & Staff at a Retreat in Kano