Following findings that tens of thousands of awaiting trial inmates are currently being held across 253 Correctional centres in the country, a human rights group, Zarephath Aid has called out to the government to implement policies that would ensure a reform in the justice system of the country and speed up the administration of criminal justice.
The New Diplomat reports that 70 per cent of the 75,635 inmates that currently populate the nation’s Correctional Centres are awaiting trial, according to Minister of Interior, Ogbeni Rauf Aregbesola.
Meanwhile, the current holding capacity of Nigeria’s custodial centres is just about 58,000.
Worried about the congestion of the custodial centres, the group pointed out that the practice of ‘holding charges’ in Nigeria’s criminal justice system has been contributing to the high population of inmates in the country’s custodial centres. This, according to the group, had subjected several inmates to facing inhuman conditions that violate the various international instruments and protocols that provide for the minimum treatment of offenders and persons in lawful custody.
This call was made at a press briefing in Lagos and contained in a statement made available to The New Diplomat.
Speaking at the briefing, founder of the group, Ben Abraham, said it is appalling for an inmate in 21st century Nigeria to stay 10 years or more in a custodial centre on holding charge while awaiting trial.
He said although appellate courts in many cases over the years had pronounced the practice of holding charge unlawful, the practice has persisted.
Abraham said, “For effect, the practice of holding charge has been pronounced unlawful by the Appellate Courts in many cases over the years yet the practice persists. It does not accord with justice and legality for a Magistrate court to remand a suspect on a charge the court has no jurisdiction to try ab initio. Some of the cases are; Lufadeju v. Johnson (2007) 8 NWLR (Pt. 1037) 535 decided by the Supreme Court and Enwere v. C.O.P. (1993) 6 NWLR (Pt. 299) p. 333 at pages 341 to 342; Olawoye v. C.O.P. (2006) 2 NWLR (Pt. 965) 427; Chinemelu v. C.O.P (1995) 4 NWLR (Pt. 390) 467 decided by the Court of Appeal.
“We therefore call on the authorities in Lagos State and indeed other States to, as a matter of urgency, set up mechanisms to stop the inhuman and illegal practice of holding charge. Thousands of lives and destinies have been ruined in this practice over the years. The constitution provides for every suspect to be tried within a reasonable time and if not same should be released either unconditionally or conditionally; Section 35(4).”
“As a Non-Government Organization that has actively worked in the correctional and criminal justice sector for over 17 years, we state unequivocally that the paramount need is a holistic reform in the criminal justice administration system. The prison serves as a holding center for persons who are ordered by various courts to be kept there. In other words congestion is dependent on other factors which are not directly connected to the prison facility itself. It goes without saying therefore that for congestion in the prison to happen, change must first happen in the courts and the criminal justice system.
“The system is made up of the police and other arresting/investigating agencies, the Ministry of Justice, the Judiciary, the Bar and then the prison administration. Speaking from experience, congestion is caused by delay in quick and effective dispensation of justice, and all the participants in the system share the blame. From the delay in investigation by the police, absence of judicial officers, absence of prosecution witnesses, delay by defense lawyers to non-production of accused persons in court by the prison authorities, the catalogue of contributory factors cannot be exhausted. If we do not address these root causes, building additional prisons will prove cosmetic in the long term.”
