Nigeria's Penal system needs to be looked at now, more than ever before; especially as the brimming prison population is pushing 60,000 inmates . The system has become nothing more than an overcrowded human warehouse with regimes that don't offer the convict the opportunity to re enter society a better person.
We need another stab at prison reform. Despite many failed initiatives of past Governments, for example, the Minister of Justice under Obasanjo initiated a National Working Group on Prison Reform and Congestion...unfortunately nothing came of that despite the priority of the need.
What is blatantly obvious is the problem of over population in the prison system. But worse is the fact that 65% of them are non-convicts awaiting trial.
So, 65% OF THE PRISON POPULATION ARE AWAITING TRIAL? ....this is mind blowing!!. Especially the fact that people spend months or even years on remand only to find their cases dropped.
The Nigerian Constitution (section 35) and the International Covenant on Civil and Political Rights (ICCPR), which Nigeria is a signatory of, guarantees a speedy trial upon arrest. Given the lengthy pre-trial stay of inmates, this is obviously a guideline that is being totally ignored.
It is safe to say; that a Prison's main function aside from the concept of reductivism or the deterrence , is the enforcement of punishment. This some argue is necessary to prevent disintegration of society. Fundamentally prisons exist to rehabilitate and reform individuals as it readies them to be absorbed back into civil society.
But there is little room for rehabilitation in the prison system in its current state, as any schooling or occupational opportunities for detainees have inadequate funding and resources.
While it is true, lawbreakers are responsible for being placed outside of civil society by committing imprisonable offenses, but the penal process should ultimately be aimed at returning them to society as full members making re-offending more unlikely.
According to the Nigerian Prisons Act of 1972, imprisonment should be used to identify the causes of deterrent behaviour and rehabilitating of convicts so they can become useful members of society.
When you contend with poor sanitation facilities, demeaning inhumane treatment, abuse, poor feeding, almost no recreational activities and of course prisoners packed in cells like sardines....rehabilitation is clearly not the agenda....as often times prisoners (convicted and released prisoners) leave prison psychologically scarred and fragile from sickness and likely to offend....
These are some possible areas to think about when discussing reform of the status quo
*Decongesting the prison needs serious judicial reform
*The Prosecution service needs to be overhauled so as to work more reliably and effectively
*The need for deployment of legal aid personnel to prisons and police stations
*Regular reviews of remand cases
*Suspects should not be held indefinitely
*Accountability in every department is crucial to the effectiveness of the system
*Pre-trial detention is used as a last resort and for the shortest time possible.
*People should not be penalized because of poverty e.g. Inability to pay fines due to genuine poverty
*There should be a reform of sentencing policy, e.g. fine defaulters and others who have committed relatively minor, non-violent crimes are not to be locked up for six months or less.
Instead,we need to look at rigorous community sentences that are used as a means to increase the skills — both social and work-related — of offenders, while at the same time making a meaningful contribution to the quality of life in that community.
Aside from the issues of congestion, high percentage of Prisoners on remand, and other Human Right issues we have an ever increasing issue of women conceiving whilst in prison...
"....enforcement officers play a role in putting female detainees in family way. There is a caveat here – consent. They claim such suspects must have consented to the act of intercourse and a resultant conception" (Saturday Sun 07/23/11)
I have not been able to get current statistics on the number of women who are pregnant or get pregnant in prisons but allegations of abuse of authority should not be tolerated.
Reform of this long established institution which is riddled with corruption and mismanagement will not be easy. But I challenge Mr President to look at this as a priority for the good of the nation. Only a blind fool will not link the dots....
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