A committee set up by the Federal Government in 2017 to find a way to decongest and reform correctional centres has facilitated the release of 7,813 inmates in three years. But there is still much work to be done, writes ERIC IKHILAE.
Prison congestion has defied solutions over the years. Most of the correctional centres are overpopulated with grossly inadequate facilities. These have been blamed on the inadequacies in the criminal justice administration system and the heavy reliance on custodial sentencing.
A recent audit of correctional centres by the National Human Rights Commission (NHRC) found that not only are correctional centres’ facilities inadequate, there is also the major challenge of overpopulation, with awaiting-trial inmates constituting over 70 per cent of the population.
The NHRC equally found that the state of affairs at correctional centres were below the standard set in the United Nation’s Standard Minimum Rules on the treatment of prisoners and other international, regional and national laws on the treatment of prisoners.
Each of these laws, the NHRC noted, provides, among others, that persons are to be accorded their dignity, and that no human being shall be treated in a dehumanising manner, even when his/her freedom to liberty has been taken away by the instrument of law.
The NHRC found that, as against the required standard, correctional centres meant to serve as reformatory homes, where persons who come in conflict with the law are sent for reformation before being reintegrated into the society, have transformed into punitive centres.
President Muhammadu Buhari stressed this reality at a meeting with judges of the Supreme Court and Court of Appeal in 2017. He described the congestion in the nation’s correction centres, and the long period spent by inmates while awaiting trial, as a national scandal and a long-standing crisis within the criminal justice system in Nigeria that required urgent attention.
In response to the President’s observations, coupled with the alarming reports on the deplorable state of custodial centres nationwide, the Federal Executive Council (FEC) on June 1, 2017, through a resolution at its 19th meeting, directed the Federal Ministry of Justice to put in place measures to fast-track the decongestion of correctional centres nationwide
Presidential Committee
Acting on the FEC resolution, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, in October 2017, constituted a body of experts, under the chairmanship of the Chief Judge of the High Court of the Federal Capital territory (FCT), Justice Ishaq Bello.
The body, known as the Presidential Committee on Prisons Reform and Decongestion (PCPRD), now Presidential Committee on Correctional Service Reform and Decongestion (PCCSRD), was charged to, among others, initiate strategies for sustainable decongestion of correctional centres.
To achieve this, the body was required to review the cases of awaiting-trial inmates, which accounted for over 70 per cent of the population of custodial centres; conduct special review of cases of inmates awaiting trial for up to five years, identify inmates eligible for prerogative of mercy and cases of condemned convicts on death row for over 10 years with a view to getting relevant authorities to commute the sentences to life imprisonment, among other peculiar cases.
7,813 inmates freed
At a stocktaking event held by the PCCSRD in Abuja on July 7, Justice Bello took a retrospective look at the activities of his committee since its inauguration, and noted that although a lot had been achieved, there was still a lot to be done.
He said the committee, within the last three years, visited and appraised about 39 correctional centres in 18 states, during which it facilitated the release of no less than 7,813 inmates.
Justice Bello added that besides facilitating the release of deserving inmates, the committee, during its visits to the correctional centres, also carried out inspection exercises wherein a number of facilities were found to be in dire need of urgent rehabilitation. It made recommendations, as a matter of urgency, to the relevant authorities for the renovation/construction of these facilities
He added that during the committee’s tour of prisons, “I interact with the medical officers in charge of the clinics during inspection, usually with a view of detecting the critically ill, inmates with life- threatening ailments who cannot access adequate treatment to be released or recommended for release.
“Inmates, who are lucky to be released are extensively counselled and, in most cases, are given transportation stipends to enable them return to their families. Sometimes, we have requested officers to get them home.”
Justice Bello, who gave a state-by-state breakdown of the committee’s activities, said in Delta State, after the review of cases of inmates, the committee observed that there were a high number of inmates with psychosis and subsequently recommended the establishment of psychiatric clinics and employment of psychotherapists across the custodial centres nationwide.
In Edo State, the committee discovered an inmate, who was charged and detained for “intent to steal,” a non-existent offence. He said this finding informed his directive to all judicial and prosecuting officers to bring an end to the ridiculous practice of charging suspects with non-existent offences.
He said his committee was impressed with the state of affairs in Lagos State, which informed why members of the committee decided to commend officials of the correctional centres in the state “for exhibiting a cordial relationship with inmates and having a sanitised environment, which is notably profitable to the inmates’ mental health.
“On the discovery of a number of inmates and, in particular, one who had advanced himself whilst incarcerated educationally and was in fact a Ph.D. (Doctor of Philosophy) student at the time of visit, the committee made a recommendation to Mr. President for the consideration of such inmates for presidential pardon, which will see them making useful impact in the society upon release.”
He said a major highlight of the committee’s activities in Enugu State was the decision to effect the release of one of the two condemned female convicts, which “was a highly emotional time during the visit.
Justice Bello said his committee found that “this very intelligent lady was said to be the best graduating student in her class at the Open University programme in the correctional centre.” And that she “was unfortunately lured into crime as a teen by her street-wise then boyfriend.”
In Anambra State, his committee encountered the case of a young boy, who was so desirous of furthering his education and was lured into stealing from his neighbour in order to offset his examination fees.
He said the committee reviewed the young boy’s case and directed his release, following which the state government, upon his release, pledged to immediately take up his educational responsibilities.
Justice Bello said his committee facilitated the release of a woman in Ogun State, who had completed her five-year sentence, but was still incarcerated owing to her inability to pay the N1 million compensation sum.
“The committee recommended that, rather than incarcerating an offender solely for inability to pay compensation, a competent court of jurisdiction should decide on a payment plan or sentence in lieu of compensation.”
He said when the committee visited Rivers State, majority of the condemned convicts were found to be from other states, and that the committee subsequently invited the appropriate state executives to take the required steps to consider them for clemency, commuting their sentences to life or transfering the affected inmates to their proper jurisdictions.
Justice Bello said during its visit to Imo State, his committee found cases of awaiting-trial inmates who had not been taken to court for over 10 years without being formally charged.
As a way to address the anomaly, the committee advised the head of the correctional centre to strengthen the communication channel with the office of the state’s Attorney-General.
“Judicial officers were equally advised to ensure that a return date is given for every charge whether the inmate is remanded during trial or not,” he added.
Away from effecting the release of inmates, Justice Bello said his committee, while in Nasarawa State, particularly at the New Keffi correctional centre, upgraded the skill acquisition centre as a pilot project, to enhance the focus on corrections and promotion of reformation, rehabilitation and reintegration of offenders as provided by the Nigerian Correctional Service Act (NCSA) 2019.
“At the launch of the project, it was quite heart-warming to see that the inmates were utilising the opportunities provided satisfactorily. In fact, I was presented with a well fitted, comfortable and superbly crafted pair of shoes which can easily pass as ‘designer shoes.’
Justice Bello added: “Generally, the committee after the review of cases of inmates eligible for prerogative of mercy and condemned convicts on death row for over 10 years has written and keeps writing letters of appeal to several state government executives to act on some special cases encountered during the visits to some states as well as to exercise their powers of clemency in deserving cases or commute to life sentence those condemned to death.”
Other measures
Malami, in his presentation, said based on the recommendation of the Justice Bello-led committee, his office made recommendations to the President for the reconstitution of the Presidential Advisory Committee on Prerogative of Mercy, which was thereafter inaugurated in August 2018.
“On the advice of the committee, this office has also written several state executives, appealing to them to act on some special cases encountered during the committee’s state visits, either by exercising their power of clemency in deserving cases or commuting to life sentence those condemned to death.
“Another milestone in our national strategy is the speedy enactment of the landmark Nigerian Correctional Service Act (NCSA) 2019, facilitated by the committee and the office of the Attorney General of the Federation.
This legislation contains innovative provisions that mark a major turning point in correctional service reform and justice delivery system in Nigeria,” Malami said.
He added that his ministry was working with the PCCSRD and relevant stakeholders to come up with Sentencing Guidelines that would provide for non-custodial measures for the effective implementation of the NCSA 2019.
Malami added that the Federal Ministry of Justice was working with the PCCSRD and relevant stakeholders to come up with a set of “Sentencing Guidelines” that would provide for non-custodial measures for the effective implementation of the NCSA 2019.
Malami assured that the Federal Government would soon engage in the review of cases of condemned inmates, who have been on death row for over 10 years with a view to getting relevant authorities to commute such sentences to life imprisonment in accordance with the provisions of Section 12 (2) (c) of the NCSA 2019.
He added: “A review of cases of inmates awaiting trial for up to five years will also be considered. We are also mindful of the increasing number of sexual assault and kidnapping; and with respect to the public interest those who are charged or convicted for such offences will not be considered for release during the proposed exercise.”
Malami was optimistic that the Sentencing Guidelines, currently in its draft state, would soon be endorsed by Justice Bello and adopted by Chief Judges of courts nationwide.
The committee’s Secretary, Mrs. Leticia Ayoola-Daniels, was of the view that ‘’the adoption of a uniform Sentencing Guidelines, incorporating non-custodial measures, throughout the country, starting from the FCT, is crucial.”
Ayoola-Daniels added that “an elaborate system of non-custodial measures will ensure the reduction of the use of the correctional centres and, by implication, lead to the decongestion of the correction centres.’’
Challenges
According to Malami, there are challenges to be addressed for there to be considerable success in the efforts to reform correctional centres. These, he noted, include the need to improve on the current limited participation of states in the maintenance and upkeep of correctional centres in their jurisdiction.
He noted that the reluctance of states to participate in the upkeep of correctional centres might have been as a result of the fact that correctional service is a matter under the Exclusive Legislative List. He was of the view that it was imperative to consider the decentralisation of correctional service through constitutional amendment to bring it under the Concurrent Legislative List.
The committee also identified “the challenge of arbitrary issuance of remand order by Magistrates in spite of the provisions of the Administration of Criminal Justice Act 2015.” It observed the inefficiency in the coordination of stakeholders in the criminal justice system and expressed hope that the full implementation of the Automated Case Management System would enhance the coordination needed in the justice sector.
Future engagements
As the committee begins the next phase of its assignment, Malami and Justice Bello gave insight into activities that will engage the committee from now on.
Malami said the committee planned to set up a national taskforce to traverse the 36 states, with the aim of working to reduce the population of awaiting-trial inmates of correctional centres.
He added that the committee also planned to host a national summit on “correctional service reform” to articulate techniques to sustain the ongoing reforms and bring about a systematic and lasting measure to decongest correctional/custodial centres.
The AGF said the committee would also host a capacity building for High Court judges, magistrates, law officers in the Ministry of Justice and correctional officers in the six geo-political zones, on the effective implementation of non-custodial measures and the new Sentencing Guidelines.
On his part, Justice Bello outlined the plans of his committee to include convening a roundtable on the second draft of the proposed uniform Sentencing Guidelines, incorporating non-custodial measures for the effective implementation of the NCSA 2019.
He said the committee also planned, within the period, to prepare and submit a comprehensive report/recommendations to the President on the measures to be adopted to reform the correctional service.
Source: thenationonlineng.net
