Nigerian Prisons Congestion : our collective complicity

I have read some interesting opinions on the need to decongest Nigerian Prisons. What all these have in common, is the cry for ATM (Awaiting Trial Inmates) to be speedily sentenced or pronounced innocent and allowed to be reintegrated into the civil society.

As honourable as these calls are, I have not read any thought on what is responsible for the overflowing of ATM. In a bid to get to the root of the matter, I examined the Nigerian Penal codes and administration of reforms/Prison. The interpretation of Nigerian Penal codes, is inquisitorial and you are left to prove your innocence instead of the state to prove your guilt.

A criminal matter commences at the Police station, when a bitter citizen zooms into the station to complain about an abuse of her/his right which often is a figment of the complainant’s imagination and a desire to use the police “to show” his neighbor pepper. As most Nigerians know, every breach of civil right has both civil and criminal element. The celebrated case of OJ Simpson is a clear example. OJ Simpson was found innocent of Murder (criminal) but guilty on the civil charges.

Back to Nigeria, where the police are often used as a weapon of intimidation in a purely civil matter.

The Nigerian Police will rather grant bail to an unrepresented criminal who meets the bail “condition” than to a petty suspect who has a lawyer. Once a charge and bail lawyers,(forget the derogatory mischievous interpretation, all lawyers are) indicates interest in any matter at the police station, all manner of out of the book tricks will be plaid to cajole the suspect to debrief the lawyer and meet the Police demands. In Imo State Police Command’s State Criminal Investigation Department (SCID) the standing fee is minimum of N10,000:00 (Ten Thousand Naira ) once you step in whether you are innocent or not. It’s applicable across the federation but not as brazen as the bazaar in Imo State, right in front of the government house. Bail is not free in any Nigerian Police station, despite the posters decorating the filthy police walls.

In a bid to be “constitutional abiding” the Nigerian Police arraigns the suspect as over right case and should the suspect have a lawyer, the first judicial huddle of delay have being erected. The police prosecutor vehemently opposes bail and the Magistrate working for the state and on the enormous believes that you are guilty till you can proof your innocence, remands the suspect in prison custody. The police like Pilate hands off and claim that it’s the court that remanded the suspect.

 The “smart lawyer” feeling that his ego has been dented start filing all sorts of motion papers and enforcement of fundamental human right procedure. The police re-echo their won-out excuse “We are investigating “The suspect is a Man/Woman of means and will interfere with the course of investigation”. If the Judge/ Magistrate is proactive and a judicial activist, this is the point at which to halt the spiral move towards the endless waiting list of ATM. But need I to remind you that a good percentage of Nigerian Judges are hard core conservatives.

If police haven’t finished investigation, why charge the accused? At the police station most matters they waste tax payers’ money on, are not worth the trouble. The warring parties can be pacified and the interest of the state protected ie. Peace in the neighbourhood and restraining of citizens from taking the law into their hands. Laziness and low motivation have made most police officers mere desk top investigators. Except for high profile cases, Nigerian Police hardly visit the scene of crime. As a result they dock a suspect, oppose his bail application remand him in prison, only for the Court to throw out the matter after 10years for want of evidence, lack of diligent prosecution.

 

I believe that most criminal matters that end up in Court (C.O.P V Citizen XYX) ought not to get there if lawyers understand that, peaceful resolution of a matter without citing Order this Rule that, is also legal practice. A minister in the temple of justice can officiate perfectly without ferry sermon of hell (Nigerian prison). But parroting Latin Maxims that may not fit into the situation, a simple matter sorry can resolve, is egged on by lawyers to end in litigation.

Apart from this lawyer/police complicity, there is institutionalized complicity. In 1976, the Legal Aid was created, empowered by Legal Aid Decree No. 56. More than 30 years down the drain, this arm of the judiciary, is most underfunded both financially and in terms of manpower. Most seekers of justice know next to nothing about Legal Aid and cannot locate their office(s).

 A careful financial study of the inmates will show that most of them are there because they cannot afford a lawyer or pay the fine imposed by the court. All these judicial NGOs, should engage the government to arm the Legal Aid scheme and lawyers should be encouraged to do pro bono services on regular basis. NYSC lawyers should be massively posted to Legal Aid offices across the country, most particularly to the rural areas. The level of ignorance of knowledge of fundamental/constitutional rights in the rural area, even among the urban poor, will shock all those championing prison decongestion campaign. There is need for massive enlightenment campaign beyond these cosmetic appeals to the pocket of foreign donors.

In fact any applicant for SAN must show track record of free legal service to indigent Nigerians. I am

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