July 22, (THEWILL) – Forty-year-old Uche Nnoli, a native of Nteje in Oyi Local Government Area of Anambra State, recently regained his freedom after spending seven years on the awaiting trial list at the Onitsha Correctional Centre.
Nnoli’s story is a recurring one in the bare-knuckle institutions that dot Nigeria’s administrative and judicial systems. Many Nnolis were rescued from rotted prisons as awaiting trial prisoners for far too long to make his story shocking. And given the prevailing circumstances, more stories of such nature will continue to be reported as part of the culture of business-as-usual.
What is sad and condemnable is that the laws of the land not only frown at the practice but also prescribe punishments for it. In most cases, it’s an NGO that usually comes to the aid of the victim except in exceptional cases when the Chief judge of a state intervenes as recommended by the law. Yet the same law has been so seriously violated by those whose duty is to carry it out that you wonder if the law is worth the paper it is written on.
When it comes to infrastructure, the prisons are like enemy camps. The net capacity of the prison is often overstretched, while the attitude of prison officers is often derogatory. Reports show that when it concerns taking a prisoner to prison, the prison officers will claim there is no vehicle or fuel to take the prisoner to court. On the other hand, a prison meant for 326 inmates can house 1,179 victims.
It is no wonder then that 70 percent of Nigeria’s prison population put at 130,000, housed in 240 correctional centres are suspects still awaiting trial. They have been arrested and charged, but not yet convicted or cleared. The 1999 Constitution, as amended, and the Administrative of Criminal Justice Act of 2015, ACJA, frown at this violation of the human rights of suspects seriously.
Section 369(5) of the Nigerian Constitution, says: “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.”
There is more. Section 32, 33 and 34 Administrative and Criminal Justice Act speak on the remedy of suspects detained in custody, talks about Police to report to supervising Magistrates and Chief Magistrate must visit police stations every month, respectively.
Moreover, awaiting trial persons are not supposed to be kept with convicted prisoners.
Still, Nigeria has the highest percentage of awaiting-trial prisoners in Africa. World Prison Brief’s latest report puts the figure at 12.4 per cent for Ghana and South Africa has 32.9 per. In total, Nigeria currently has 80, 777 male inmates of which 56,000 are awaiting trial! It is thus clear that prison without trial is a violation of their fundamental rights as clearly stated in the laws.
We urge the justice authority to take a look at this act of indiscretion on the part of the judiciary seriously. Perhaps, when the relevant authority starts applying sanctions some sanity may prevail on the matter.
The ACJA also talks about every police station being equipped with a legal desk supervised by a qualified lawyer in active service. They are supposed to bring cases of awaiting trial to the attention of the magistrate to enable action during routine visits to the prisons by the latter.
Moreover, since the law says no suspect should be held in prison with criminals, we call on the legal authorities to consider granting bail to such mistaken felons, pending the trial of their cases. Keeping a suspect, most of whom have turned out to be victims of trumped up charges, in prison for no just cause is wicked and inhuman. There is no excuse for it in a civilised setting except where sadism reigns. It is a big stain on the seat of justice and by implication the judiciary.
