BY: THE 2024/2025 Rowers Onboarding Sancta Sacramento Deck. Under The Guidance Of The Deck Leadership And Deck Sailing Legal Luminaries.
The Nigerian criminal justice system is designed to protect the rights of citizens, but in reality, it often falls short, particularly for those awaiting trial. Nigeria’s constitution in section 36(5) provides for the presumption of innocence: but in reality, the reverse is the case.
Unfortunately, based on our research, many people who have been accused of crimes are rather presumed guilty, arrested, detained and even ‘imprisoned’ prior to their cases being investigated. Thousands of inmates are awaiting trial in all the Correctional centers across Nigeria. Correctional centers ordinarily are designed to serve a purpose beyond mere custody, said purpose being rehabilitation and reformation. In Nigeria, efforts have been made to shift towards this model, focusing on reforming individuals and preparing them for reintegration into society.
However, significant challenges persist. The Nigerian Correctional Service acknowledges that overcrowding is its most pressing challenge. The huge number of awaiting trial inmates is an undeniable testament to the delay in Nigeria’s judicial system.
Section 296 of the Administration of Criminal Justice Act provides that the period of remand should not exceed 28 days, but the reality is that most of these inmates have spent years waiting to be tried. Awaiting trial inmates in Nigeria face numerous challenges that significantly impact their lives, well-being, and rights.
This article examines the judicial challenges faced by awaiting trial inmates in Nigeria and explores potential reforms to address these issues.
CHALLENGES FACED BY AWAITING TRIAL INMATES
1. Negligence of the Nigerian Police: This is a direct cause of the awaiting Trial problem. Negligence of the Nigerian Police have led to an increasing population of awaiting trial inmates in custody of the country’s correctional service.
The Nigerian Police is tasked with policing and maintenance of law and order. The police make arrests and sometimes prosecute suspects in court. In Nigeria, there are different levels of Courts such as federal and state courts that sit on various degrees of criminal offences. The magistrate courts, sitting in the various magisterial districts, fall under the jurisdiction of the state established by the House of Assembly to hear cases that do not attract capital punishment. Offences attracting capital punishment are serious offences such as rape, armed robbery, (in some states kidnapping), murder, as well as treason. These named offences attract death sentence as punishment, otherwise known as capital punishment.
However, most of the time the Nigerian Police initiate cases that attract capital punishment at the magistrate court, which lacks jurisdiction to hear it. Consequently, upon arraignment, since the magistrate cannot grant bail on matters that upon conviction could warrant that the suspect will be sentenced to death, the suspect would be remanded in custody pending when he or she will be charged formally. The magistrate will then direct the police to send the case file to the state Director of Public Prosecutions (DPP) for advice and adjourn the case sine die (Indefinitely) thereby incarcerating the defendant indefinitely unless some other action is taken to secure his release.
The confinement of the accused person thereby becomes an indefinite thing and at the pleasure of both the prosecuting lawyer and the DPP in the Ministry of Justice. In most cases, the accused are abandoned and left to rot in prison.
2. Stringent Bail Conditions: One of the primary challenges awaiting trial inmates face is the stringent bail conditions imposed by courts especially magistrate courts. These conditions often include high bail amounts, requirements for sureties with landed properties with registered title deeds, deposition of affidavit of means, verification by Investigative Police Officer/Court duty Policemen or Registrar, deposit of international passport of Defendant, Requirement of Surety to be Defendant’s Traditional Ruler, Lawmaker or Civil Servant of certain Grade Levels and above, as well as other stringent conditions inclusive of extortions from corrupt judicial staff that many inmates cannot meet. This leads to prolonged detention, to the extent that most of the inmates have spent years in prison that is equivalent or even in excess of the maximum prison sentence for such crimes or more and yet their trial hasn’t commenced.
3. Overcrowding and Poor Living Conditions: Nigerian correctional facilities are plagued by severe overcrowding, deplorable living conditions, and a glaring lack of resources. The stark reality is that many prisons are bursting at the seams, with awaiting trial inmates vastly outnumbering convicted inmates. In some facilities, the ratio is staggering, with as few as 100 convicted inmates compared to 1,500 or more awaiting trial inmates. The overcrowding arise because cases are not determined on time and even in most cases, many of the inmates are totally forgotten by both the authorities and the relatives. Furthermore, almost all the correctional centers in Nigeria have exceeded by more than 500% the total number of inmates for which they were originally designed. This overcrowding has severe consequences, particularly for awaiting trial inmates who are often forced to share cells with convicted inmates. This mixing of populations increases health risks, as inmates are exposed to potential disease transmission and unsanitary conditions. Moreover, the psychological strain of detention is further exacerbated, as awaiting trial inmates are subjected to the harsh realities of prison life while still presumed innocent.
4. Delays in Trial: Delays in the trial process are another significant challenge. The Nigerian judiciary is often criticized for its inefficiency, with cases sometimes taking years, if not decades, to resolve. Delays in adjudicating cases are a significant challenge facing the judicial system. When courts take an excessively long time to resolve cases, it undermines the dispensation of justice, leading to the popular adage “justice delayed is justice denied.” In Nigeria, court delays are attributed to various factors, including:
– Court congestion: Overburdened courts with inadequate facilities and insufficient judicial Officers.
– Inefficient procedures: Complex procedural rules, untidiness and laxity in handling court processes and proceedings.
– Delay tactics by Lawyers and Parties: Lawyers or litigants intentionally delaying proceedings through frivolous applications, adjournments, or appeals.
– Inadequate resources: Insufficient funding leading to poorly equipped courts and lack of resources to process cases efficiently.
– Corruption: Undue influence and corrupt practices that compromise the integrity of the judicial process.
-Frequent changes in composition of the courts (transfers and reposting of judicial officers) hearing the matter.
These delays affect both civil and criminal cases, eroding trust and confidence in the judiciary. To restore the integrity of the judicial system, addressing these underlying issues is crucial. Awaiting trial inmates often spend years in detention before their cases are heard, which can lead to frustration, mental health issues, and loss of livelihoods.
5. Limited Access to Justice: Limited access to justice for awaiting trial inmates in Nigeria is a pressing concern, with several factors contributing to this issue such as;
– Institutional Barriers: Inefficient criminal justice administration, bureaucratic delays, and lack of coordination among stakeholders in the justice sector hinder access to legal aid. For instance, long pre-trial detentions and congested court dockets slow down the delivery of legal aid services.
– Financial Constraints: Insufficient funding for the Legal Aid and NGOs providing legal assistance limits the scope and reach of their services.
– Awareness and Knowledge Gaps: Many inmates are unaware of their rights and the availability of legal aid services, particularly in rural areas. Limited public awareness campaigns and outreach programs exacerbate this issue.
IMPACT ON AWAITING TRIAL INMATES
Challenges faced by awaiting trial inmates have severe consequences on their lives and well-being. Some of the impacts include:
– Psychological Trauma: Prolonged detention can lead to psychological trauma, Post traumatic stress disorder, anxiety, and depression.
– Loss of Livelihoods: Awaiting trial inmates often lose their jobs, businesses, or other sources of income while in detention, leading to financial instability for themselves and their families.
– Strained Family Relationships: Long incarceration can strain family relationships, breakup marriages and relationships leading to emotional distress for both the inmate and their loved ones.
REFORMS TO ADDRESS THE CHALLENGES
In order to address the challenges faced by awaiting trial inmates in Nigeria, several reforms can be implemented:
Legal Reforms
– Review and Update Laws: Domestic legislations are to be updated and reviewed to ensure they align with international human rights standards and best practices. It is recommended that the Administration of Criminal Justice Law of States that provides for remand of suspects by the Magistrates upon application by the Police be reviewed or repealed. If investigation is not concluded suspect should not be arraigned. Let the suspect enjoy his freedom until investigation is concluded, then charge him for the exact offence he is alleged to have committed at the appropriate court. Additionally, criminal/custodial cases should be given utmost priority and have a time frame within which these cases can commence and be concluded.
– Streamline Court Processes: Implement efficient court procedures to reduce delays and adjournments in trial of suspects.
– Increase Access to Justice: Provide adequately funded legal aid services to ensure awaiting trial inmates receive effective representation.
Prison Decongestion
– Bail Reforms: There is need to explore options like plea bargain and Implementation of bail reforms to reduce the number of awaiting trial inmates. The Attorney General by virtue of Administration of Criminal Justice Law of some states upon application can as well issue a discharge order for suspects who have been remanded regularly.
– Regular Review of Cases: There should be regular review of cases in courts by the Chief Judge of states and FCT as the case may be to identify inmates who can be released or granted bail especially those who have overstayed in prison and spent a period longer than their term of imprisonment if they had been tried and convicted.
Infrastructure and Resource Improvement
– Modernize Prisons: There is need to upgrade prison facilities to provide humane living conditions and bring them to the standard of what obtains in modern societies.
– Increase Funding: Government should provide adequate funding to support prison operations and staff training.
– Improve Healthcare: Ensure access to quality healthcare services for inmates.
With the Correctional Service now under the concurrent list, states are encouraged to:
– Build and Manage Correctional Service Facilities: States can build and manage their own correctional centers, tailored to their specific needs and populations.
– Address Overcrowding: By increasing capacity and improving infrastructure, states can reduce overcrowding and alleviate associated challenges.
– Improve Rehabilitation: With more resources and control, states can develop effective rehabilitation programs, reducing recidivism and promoting successful reintegration.
Institutional Reforms
– Training for Prison Staff: Provide adequate training for prison staff on human rights and best practices.
– Accountability Mechanisms: Establish accountability mechanisms to prevent abuse and ensure transparency. This can be done by the Ministry of Interior checking the misappropriation of funds allocated for the management of Correctional facilities by the Federal Government.
– Collaboration and Partnerships: Foster partnerships with NGOs, government agencies, and international organizations to support prison reforms.
Technology Integration
– Digitalize Court Processes: Implement digital solutions to streamline court processes and reduce delays.
– Integrated Jail Management System: Implement an integrated jail management system to track inmate cases and improve management.
-Case Management Systems: Develop case management systems to track cases and ensure timely disposition.
-Video Conferencing: Use video conferencing to facilitate remote hearings and reduce the need for physical transportation of inmates.
Improved Access to Justice
To address the problem of Limited Access Justice, it is recommended that;
-Establish more standard court facilities.
-Regular capacity building and training for Legal Practitioners, Judges and Magistrates.
-Stakeholder Engagement by fostering collaboration among stakeholders, including government agencies, NGOs and civil society organizations, to address the challenges faced by inmates.
-International Cooperation by seeking assistance to access best practices, technical expertise and funding if need be.
By implementing these reforms, Nigeria can address the challenges faced by awaiting trial inmates and ensure a more just and humane correctional system.
The plight of awaiting trial inmates in Nigeria is a pressing issue that requires urgent attention. By implementing reforms to address the challenges faced by these inmates, the Nigerian criminal justice system can ensure that the rights of suspects are protected and that justice is served. Easing bail conditions, improving access to justice, speeding up the trial process, and implementing prison decongestion measures are critical steps towards addressing the challenges faced by awaiting trial inmates. By working together, stakeholders can create a more just and equitable system for all.