NIGERIAN PRISONS: HORROR REDEFINED!

One of the cardinal objectives of the prison system is to turn prisoners away from crime and other anti-social activities, and give them directions that will enable them lead normal lives again. The idea is to employ the period of incarceration to impact on the offenders the need to be law-abiding. However, conditions prevalent in Nigerian prisons in the present democratic dispensation are far from the recommendation of the Standard Minimum Rules of the United Nations (UN). The consequences are avoidable death and disabilities.

Analysts say reforming Nigerian prisons, as well as the entire criminal justice system, is an essential step in building good governance. Sustainable democracy, and providing adequate security for the Nigerian people, go hand-in-hand, and is pivotal in turning around the fortunes of the nation. Observers are of the opinion that the Federal Government must demonstrate adequate commitment to this cause. In this report, BENJAMIN OMOIKE looks at a sector that is supposedly of paramount importance, yet, seriously neglected.

Prisons are conceived as corrective institutions. They already are, or are fast becoming so in many parts of the world. They are usually structured to identify the peculiar problems of each inmate and device means of guiding the individual out of the problem.

Investigation, however, reveals that, rather than being reformatory and rehabilitative, Nigeria’s penal system is punitive, degrading and dehumanising. This leaves the prisoners with the least opportunity of re-entry into the society. Or source further revealed that those who are lucky to come out alive find it exceedingly difficult to re-adjust to normal lives and eventually end up in crime.

Prison sources disclosed that prison life has become somewhat cyclic for several ex-prisoners, the number of recidivists – those who commit crimes repeatedly and have refused to stop even after being punished- is on the increase, with some being convicted as many as six or more times.

Lending his voice to the matter, freed former Chief Security Officer (CSO) to the late Head of State, Gen. Sani Abacha, Major Hamza Al-Mustapha, narrated his ordeal in over a decade stay in some Nigerian prisons and declared them as dens of torture.

He said, “I stayed five years in Kuje and Kirikiri prisons, and nine years from one prison to another. I suffered seriously at underground cells in Kuje and Kirikiri for five solid years.” According to him, he never imagined that there was such arrangement of torturing human beings in any Nigerian prison, but thanked God that he was out of prison.

More than 50,000 suspects are in Nigerian prisons and 36,000 of these are awaiting trial, revealed Zakari Ibrahim, the Comptroller-General, Nigerian Prisons Service. Ibrahim made the disclosure recently. “We in the prisons have our own challenges; first we have an awaiting trial population that has refused to go down. As I speak to you today, over 50,000 people are in custody.

“Thirty six thousand of this number is awaiting trial, this makes us work more to contain than to reform,” he said. He called for collaborative efforts by the government at all levels, to achieve meaningful growth in prisons operations. Ibrahim observed that, although the Nigerian Prisons Service was faced with security challenges, there was a need to balance the necessity of security with the needs of prisoners under custody.

He identified the increase in number of inmates awaiting trials and lack of funding of prisons as some of the challenges facing the service. “But it is my hope that after policy makers have come to terms with the security implications of funding the prisons poorly, this may be the last time we may have to lament over this. This process of driving the reform is ongoing, as we are very determined to change the face of our prisons. This calls, therefore, for the collective efforts of all to bring this dream to fruition,” he said.

In a related development, some 6,000 children and minors were allegedly being held in various jails and detention centres across the country. This is according to a report by the African Union on “Rights and welfare of the Nigerian child for 2012”. Many of the children were born in prison and now serve terms with their parents despite a government’s order to effect their release.

Although, Nigerian law forbids the imprisonment of children, by the end of 2012, the government had taken no clear step to implement its order to release and rehabilitate the children, the report, said. “A report by the African Union (UN) on the rights and welfare of the Nigerian child found an estimated 6,000 children lived in prisons and detention centres,” the report said.

“Despite a government order to identify and release such children and their mothers, authorities had not done so by year’s end.” Published by the US State Department on country-by-country basis, the document catalogues a range of abuses and rights violations the Nigerian government is guilty of.

It delivered a stinging indictment of the government’s record on corruption, extrajudicial killings, disappearances and impunity in 2012. “Impunity remained widespread at all levels of government. The government brought few persons to justice for abuses and corruption,” the report said.

“Police and security forces generally operated with impunity. Authorities did not investigate the majority of cases of police abuse or punish perpetrators. Authorities generally did not hold police accountable for the use of excessive or deadly force or for the deaths of persons in custody.”

The most serious human rights problem for the nation during the year, the US Department said, were abuses committed by the militant sect, Boko Haram, which conducted killings, bombings, kidnappings, and other attacks, mainly in northern states.

While the extremist group killed and maimed, the nation also witnessed serious rights violations with illegal killings by security forces, including summary executions, torture, rape, and other cruel, inhuman, or degrading treatment of prisoners, detainees, and criminal suspects, the report said.

The US verdict for 2012 is similar to that delivered on Nigeria in 2011. The 2011 report highlighted Boko Haram and Nigeria’s security forces involved in a brutal crackdown on the extremists as the gravest human rights abusers. It also noted the rocketing corruption level in the country.

According to a report, in 1990, no fewer than 482 of the 13,036 offenders were found to have been convicted six times or more, 758 were found to have been convicted five times, 1,017, four times, 646 (641 men and five women), three times; 1,252 (1, 2377 men and 15 women), twice, 2,598 (2,572 men and 26 women); once while 10,417 were first offenders.

The greatest problem facing Nigerian Prisons today is population explosion and this is central to various other problems of the nation’s penal institution.

At present, Nigeria has 148 prisons and about 83 satellite prisons, 10 prison farms and nine cottage industries for the training of inmates. The actual capacity of the Nigerian prisons is about 33,348 but the prison currently holds 47,000 inmates. In May 1999, the prison population was 40,899. Of this number 21,579 (52.8 per cent) were awaiting trial prisoners. In a more recent statistics of the Nigerian Prison Service, (November 2000) the inmate population was put at 47,000 with awaiting trials constituting 24,953 (59 per cent) of this figure.

According to Nigeria Prison sources, the prison population has shown that congestion is mainly evident in some identified prisons. The analysis shows that only about 30 of the nation’s 231 regular and satellite prisons account for 50 per cent of the country’s total prison population. Of the total inmates of 22,609 in these 30 prisons, 16,461 are awaiting trial prisoners.

More disturbing than the mere head count of inmates is the rate of growth relative to prison capacity. The most crowded is the Awka prison in Anambra State. 452 prisoners occupy the prison, which has capacity for 98 inmates, but as at last year, this represents 361 per cent more than its capacity. Ogwashi-Uku prison in Delta State against its 51 capacity has 227 inmates, representing 345 per cent increase above capacity.

Onitsha prison in Anambra State has 1,290 inmates in a 326 capacity prison, about 295 per cent above its designed capacity. Funtua prison in Katsina State has a population of 176 against its 51 capacity representing 245 per cent above capacity. Kirikiri Medium Security Prison in Lagos with a capacity of 704 has 2,200 inmates- about 212 per cent above capacity, has 240 inmates (178 per cent above).

Minna Prison in Niger State has 235 inmates in a prison designed for 87 prisoners (170 per cent above). Lapai Prison also in Niger State has 161 inmates against 60 in capacity. Ilorin Prison in Kwara State with 121 capacities has 179 inmates, and Owerri Prison in Imo State has 1,004 in a space meant for 548 inmates.

On the whole, Anambra has an incredible 310 per cent increase above capacity. The five prisons in Lagos State have an aggregate capacity of 2,665, but 5,534 inmates are crammed in them, that is about 107 per cent above capacity.

Of this number, Kirikiri Maximum Security Prison has 1,782 inmates for a capacity of 1,056, the Medium Security Kirikiri Prisons with a capacity of 704 has 2,200 inmates; Ikoyi Prison has 1,460 inmates against its 800 capacity. Of this number, male prisoners account for 5,442 (98.33 per cent), while female inmates are a paltry 92 (1.66 per cent).

Kwara State’s two prisons have an inmate capacities of 154, but 314 prisoners are crammed in them (103 per cent above capacity). Katsina State has 1,075 prisoners in its four prisons meant for 618 inmates. Delta State’s five prisons with a capacity of 921 prisoners accommodate 1,593 inmates. The four prisons in Rivers State have an inmate population of 2,131 against 1, 312 capacities.

In Niger State, a total of 975 inmates are crammed in the state’s seven prisons meant for only 618 prisoners. Edo State’s six prisons with inmate capacity of 1,310 accommodate 1,811. Enugu’s four prisons with 1,024 capacities have 1,305 inmates.

Investigation reveals that remand population constitutes a greater segment of the prison population. Remand prisoners, according to prison sources, are those awaiting trials; those who have been tried, awaiting sentence and those convicted awaiting execution. About 80 per cent of the entire prison population is awaiting trial prisoners.

It was reliably gathered that of the 2,131 inmates in Rivers State’s prisons, 1,327 are awaiting trial. In Sokoto State, 420 of the 873 inmates fall into this category. 397 of Ogun State prisons’ 684 inmates are awaiting trial. 761 of the 1,301 prisoners in Akwa Ibom; 716 of Borno State’s 1,618 prisoners and 803 of Enugu State’s prison population of 1,306 belong to the awaiting-trial category.

Findings revealed that the awaiting trial population is the major problem of Nigerian prisons; the group outnumbers the convicted prisoners and swells the prison population out of proportion. Investigation further reveals that a good number of these have been waiting to be taken to court for upwards of 16 years, some for civil offences that carry minor sentences. Majority of them have actually over-stayed the sentences which would have been passed on them, had they been tried and convicted.

It was gathered that several factors are responsible for the preponderance of this category of prisoners in Nigeria’s penal institutions and the swelling of the entire population. Prominent among these are rising crime rate and the seemingly confused criminal justice, which manifests in unlawful, incessant and arbitrary arrests by various security agencies and over-use of prison sentences.

Other factors include: Stringent conditions of bail, delay in administration of justice occasioned by acute, shortage of courts and hands to take on the cases, incessant adjournment, length of time needed to investigate cases such as murder, armed robbery, obtaining by trickery and cases requiring laboratory tests.

Others are lack of co-ordination and communication among the police, prison authorities and the judiciary, inadequate transport facilities to convey the remand population to court, corruption and avarice of police officers who demand money for bail and to take this category or prisoners to court.

Findings revealed that there is hardly any record of those detained and more often than not, detainees languish in prison custody without the opportunity of trial as many of them have little or no access to legal assistance. According to the provision of section 31 (I) c of the 1999 constitution, a person must be taken to court within 24 hours from the date of arrest, where there is a court of competent jurisdiction within the radius of 40 kilometres or within two days or such period considered by the court to be reasonable.

This law is however observed more in the breach. Another category of prisoners who also swell the prison population are those sentenced to death, but who, for some reasons, have not been executed. This category of people accounts for five per cent of the prison population. There are people who have been on the death row since 1976.

Those in this category are mainly whose death warrant the state governor have not signed and those who are unable to file appeal of their cases. Congestion of prisons has their consequences on the inmates, the prison system and the society. Overpopulation puts a lot of strain on maintenance cost, stretches the work force and various other facilities provided in the prison.

The few facilities available become grossly inadequate for inmate population. It is gathered that life in the prisons has become degrading, brutal and dehumanising. In reality, it is harsh and life-threatening. The prison institution leaves the inmates with the poorest preparation for re-entry into the society.

The frail and emaciated looks of ex-prisoners, and the various adjectives used by them to describe Nigerian prison conditions lends credence to this. The hardest hit of facilities by over-crowding is usually cell blocks to accommodate the prisoners. The population explosion in Nigerian prisons has led to a situation where 14 to 15 people are crammed in cells with a dimension of 4 feet by 6 feet, originally planned to take one person, while 150 prisoners are housed in larger structures meant to hold 25 to 30 persons. The cells are not only small, but also poorly ventilated and their size falls below the 54 square feet prescribed by the United Nations.

Closely associated with cell congestion is the absence of beds and bedding for prisoners. Due to the congestion, beds and bedding were the first to go to create space for the teeming population. It was reliably gathered that today, very few prisons have beds and where they exist, they are grossly inadequate for the population.

But, while most inmates have to stand or sit all day, some privileged inmates enjoy the luxury of bed and bedding. Apart from keeping too many people in close proximity, the poor condition of the prisons increase health risk. Most detainees fall ill easily and because those who fall ill almost always never receive treatment, diseases spread fast.

Prisoners, according to investigations, are prone to such contagious diseases as cholera, scabies, tuberculosis, dysentery, etc. The Awaiting Trial Detainees are the worst hit. This is because according to prison sources, provisions are not made for them since they are just in prison custody pending the determination of their case. Far more worrying is the serious dimension brought on by the HIV/AIDS scourge.

Numerous factors explain the vulnerability of the prison population to HIV infection. They are high-risk sexual practices, sexual abuse, rape, homosexuality, injecting drugs, sharing unsterilised needles and syringes, sharing razor blades, overcrowding and cramped conditions, and poor health facilities.

There also, is the obvious reluctance on the part of the government and its agencies to comprehensively address issues of HIV/AIDS among inmates. As at 1997, the Federal Ministry of Health was yet to fully comprehend several aspects of the disease’s ethnical and social implications. That the Nigerian government failed to recognise or address the issue of HIV/AIDS in the prisons does not mean that they do not exist. In spite of the 1996 guideline issued by the United Nations Commission for Human Rights and the Joint United Nations Programme on HIV/AIDS to address the issue of AIDS in Prisons, as well as the treatment of prisoners with the virus, nothing had been done to address the rising incidence and cost of HIV/AIDS in Nigerian prisons.

The lack of comprehensive policy on HIV/AIDS in prisons portends great danger to the health and human rights of the prisoners. The prison environment as presently constituted is a veritable avenue for the spread of the HIV/AIDS virus among prisoners, analysts have said. Investigation shows that the dreaded disease is more prevalent at the Medium Prison, Kirikiri, Lagos. There, it is gathered that out of the 2,376 prisoners 13 have tested positive to the killer disease, while scores are battling with some other terminal diseases like tuberculosis. To lay credence to the prevalence of the scourge, early this year an inmate of the Kirikiri female prison was said to have tested positive.

Investigation reveals that due to the inadequate medical attention and facilities, hardly does a week passes without one casualty or another in most of the large prisons. Kirikiri and Enugu prisons have recorded gathering statistics. A study shows that an average of seven deaths is recorded in Kirikiri prison weekly. This translates to an annual average of over 300 deaths from this prison alone. In 1997, over 50 inmates of Kirikiri prison died within three months. Their deaths were traced to contagious diseases in the overcrowded cell. Within seven months in 1996, 41 prisoners died of various diseases in eight prisons.

Many prisoners have reported loss of sight as a consequence of their imprisonment. In 1986, Chief Gani Fawehinmi, a political detainee almost lost his sight at Gashua prisons. Chris Anyanwu (publisher of TSM Magazine), also a political prisoner, was arrested by the late Head of State, General Sani Abacha. She was held in Kaduna prison. A makeshift cell constructed with zinc without adequate ventilation was where she spent much of her prison term. By the time she came out, she was almost blind. While Gani Fawehinmi and Chris Anyawu were lucky with their sight, Bashir Umaru, an unknown prisoner was not; he went to jail with his sight but came out a blind man, because he was ignored when he complained he was losing his sight until he finally lost the use of his eyes.

Prisons officials complain of lack of potable water, inadequate sewage facilities, which they believe is having devastating effect on the health of the prison inmates. A study carried out by the Civil Liberties Organisation in 1997 found out that most inmates in 10 prisons have to go semi-naked because of the inadequate supply of prison uniforms, while awaiting trial prisoners have no replacement for their torn clothes. Another study carried out in 1998 found that most prisons visited lacked beds.

The significant difference between male and female offenders often leads people to forget that there are women behind bars. In Nigeria, the incarceration conditions of female prisoners falls far below the standard set by both national and international instruments. Investigations revealed that though women are minorities at the wrong end of the criminal justice and penal system (for instance, out of the 40,899 prisoners as at May 31. 1999, 602 were women), most suffer sexual harassment, inadequate ante-natal/post natal care for the pregnant ones and lack of adequate sanitary.

Some of them serve as house helps in homes of prison staff. As it is the general characteristic of the Nigerian prisons, the overwhelming number of awaiting trial inmates among female prisoners is something that has been taken for granted. The fact that a large number of the female prisoners are illiterates further compounds their problems. Investigation reveals that there is only one exclusively female prison in the country located in Lagos and over 100 mixed prisons in Nigeria.

In the list of mentally ill prisoners submitted to the presidency by the National Committee on Prison Decongestion, 100 mentally ill prisoners were identified. In the prisons, the mentally ill prisoners are referred to as “lunatics.” According to the available records from the Nigerian Prisons Service (NPS), as at May 1999, there were a total of 29 mentally ill prisoners in Nigeria. In the statistics, Borno State had the highest with 14, Rivers second with eight. Ogun and Benue states had three each, while Akwa-Ibom had just one.

This situation has caused inmates untold hardship when seeking medical attention as they are mostly left to fend for themselves or be left to fate. The mentally ill prisoners are left in the midst of normal inmates because the appropriate government hospitals have refused to take them.

The vulnerable prisoners are also not left out of the horrors of Nigerian prisons. Facilities available are not adequate for the young offenders. The Nigerian Prison Service has only two borstal facility in Kaduna and Abeokuta. The third, located in Ilorin is yet to be put into use. The Ikoyi Prison has a wing for young offenders.

Investigation reveals that most states do not have any approved schools or remand homes for young offenders. The total number of the vulnerable group has been fluctuating, thereby making accurate quotation difficult, but from available records, juveniles, women, the mentally ill in Nigerian prisons constitute just about 4.5 per cent of the total prison population. There is no comprehensive and up-to-date data on juvenile prisoners.

According to prison sources, there are instances where false and exaggerated ages have been stated in defendants remand warrants to facilitate their being accepted in custody by the prison authority. In this way, there are many juveniles who are not captured in prison statistics as juveniles because such compilations are based on warrants submitted by the police.

Findings show that poor coordination among the Police, Judiciary, Directorate Public Prosecution and the Prisons is the major factor responsible for the poor condition of prisons. According to a prison official, “we lack adequate collation of data on vital issue and regular updating of such data. We also lack efficient allocation and funds disbursement.”

It was reliably gathered too that statistics is not used in the planning, allocation of resources, evaluation and assessment of prisons operations. No prison in Nigeria, in the 21st Century is computerised. Another problem of the Nigeria Prison Service, (NPS),  according to a source, is the lack of control on use of funds allocated to the service, injudicious use of available funds, and administrative strangulation of the NPS.

 Source: National Mirror