The plight of detainees
A DISMAL picture is once again before Nigerians depicting the telling statistics of detainees awaiting trial who cannot be described as prisoners. A whopping 25,000 out of some 40,000 prison inmates are said to be in this category, meaning that over 60 per cent of all inmates are untried and hence non-convicted suspects. As recently discovered by a Presidential Special Adviser, prison congestion is typified by the primitive improvisation in Adamawa State of containers used as temporary holding fortresses for some 52 inmates. At a time when decent people condemn the transportation of workers in fabricated open trailer trucks, it is amazing who would dream up such a disingenuous contraption for human beings. These revelations are a sad commentary on our criminal justice system, which is more adversarial and punitive than corrective.
In a related development, government functionaries as well as functionaries of the ruling party visited a number of prisons across the country bearing token gifts of sundry items for prison inmates. Good as this gesture may appear, it does not address the prison crisis. It is but a palliative from a party that for five years has had a preponderance of the control of power at all levels of governance. The recent lamentations therefore are in effect a self-indictment of the failure to execute any substantial reform and rehabilitation programmes for prisons and prisoners over the years.
Poverty and ignorance combine to condemn many detainees to the ravages of prison elements that are subhuman in the extreme. It is a common occurrence to discover that in the melting pot of our judicial quagmire serviced by a chaotic prison system, some detainees are simply forgotten with no chance of attracting attention or getting their voices heard. Yet our constitution is replete with adequate provisions (such as Sections 34 and 35) for the recognition and protection of the liberty and dignity of the citizen, even when under incarceration.
And quite apart from the copious constitutional provisions and protection of the rights and dignity of persons, decency and a sense of morality dictate that a fellow human being of whatever station be treated humanely. But it is common knowledge that our constitution exists more in its breach than in its observance. And in this issue of the plight of prison inmates, government itself cannot escape the charge of criminal neglect and culpability.
For how much longer must this deplorable situation subsist From the handling of complaints and the apprehension of offenders by the police in the first instance, to the movement of cases through the judicial network and notably through the various categories of our courts, to the execution of judgements and the incarceration of prisoners, our criminal justice system as indeed our entire litigation processes, is corrupted and saturated with bemused administrative and legal operatives working a system that lacks focus, innovation and reform. Our court processes are replete with far too many poorly investigated cases by the police, with far too many indulgent lawyers who are obsessed with adjournments. Inadequate facilities and personnel perennially frustrate the orderly dispensation of justice, and alongside the antiquated prison infrastructure all over the country, the entire criminal/judicial system is long overdue for reform.
The bulk of the reform work lies with the government, both within the justice system and in the society at large. There are short and long-term needs and strategies to enhance infrastructure and facilities as well as the capacity of the courts across the board. Modernisation of the courts is a sine qua non to the speedy dispensation of justice. Training of personnel with requisite capability is equally vital. Those now on the job must be reasonably innovative and sensitive to the social environment.
There is also a need to increase the latitude of judges to deal with cases expeditiously. These should include liberalising such measures as the prerogative of mercy, striking out poorly prepared cases, summary discharge of accused persons who have overstayed punishment for their offences awaiting trial, enforcing the constitutional imperative of charging suspects to court within time or otherwise discharging them, the increased employment of counselling and parole, introducing suspended sentences and monitored community service for minor offences.
Government can equally collaborate with civil society groups and legal groups such as the Nigerian Bar Association and the Legal Aid Council to explore ways of ameliorating the situation. Lawyers should exercise more the pro bono principle to assist indigent suspects. The Alternative Dispute Resolution (ADR) mechanism can be equally effective, as are other community based dispute resolution strategies that can be employed without the leaders turning themselves into regular courts and judges. Government must lead by example by adhering strictly to constitutional provisions if it is serious about developing a credible judiciary. Where detainees are treated as the scum of society and the wretched of the earth, clearly against the letter and spirit of the constitution, the government can hardly stand on any moral high ground to claim enforcement of the law.
Situating the dilemma of prison congestion, on the social level there is the corresponding rise in crime rate fuelled by depressing state of the economy that continues to pauperise the masses of this country. It has often been repeated that as long as the country is allowed to wallow in economic stagnation and social insecurity so long shall crime remain a daunting reality. The country has suffered so much of economic and social emasculation that it needs concerted damage control strategies to stabilise.
It can hardly do that with an expanding and overflowing prison population. A good government every year does its stock-taking and prepares a budget mindful particularly of the social and economic imperatives of the nation. A listening government takes budgetary cognisance of the social benefits deserving of the people. Here there is little evidence that year in year out the horrific prison conditions in this country are factored into the budget or that what is provided is adequate and judiciously utilised.
Jail breaks and prisoner protests are symptomatic of a system that has run to seed, a system that taxes the mental fibre of those at the receiving end. Where facilities are so pitiably inadequate, when detainees are grossly underfed, undernourished and in poor health, a time bomb is ignited and the stage is set for what could degenerate into a conflagration. Acts of tokenism from those in positions of authority and power are not enough. Government must be decisive and open in enhancing the care of prison inmates and decriminalising the judicial system. Otherwise we shall be waiting for the next prison tragedy to affirm the label of our leadership as a reactive rather than a responsive one.
