CONTRIBUTOR: TOBENNA MOGBO
INTRODUCTION
Every citizen of Nigeria has a right embedded in the constitution of the Federal Republic of Nigeria[1], and those accused or convicted of crimes are not exempted, even though some of their rights are suspended. However, in Nigeria today, we often see these accused suffer marginalisation and their rights silenced, which invariably leaves a stain on the Nigerian criminal justice system. In Nigeria, these rights are enshrined in the Constitution, various laws, and international treaties, offering a framework for protecting inmates from abuse and ensuring their humane treatment. While the reality on the ground often falls short of the ideal, understanding the legal landscape of prisoner rights in Nigeria is crucial for advocating for reform and ensuring accountability.
ASSESSING THE LEGAL FRAMEWORK.
In Nigeria, prisoners’ rights are essential and fundamental, therefore enshrined in several legal documents and international treaties to which the country is a signatory. A few of the legislations include:
- The Nigerian Constitution (1999)
This is the grundnorm of all rights and laws in Nigeria. It embodies the Fundamental Human rights of all citizens, which include a prisoner. The various rights enshrined in the constitution include the right to life[2], the right to human dignity[3], the right to fair hearing[4], right to personal liberty[5].
- The Nigerian Correctional Service Act (2019)
This law governs the operations of the Nigerian Correctional Centre. Section 2 of the Nigerian Correctional Service Act (2019)[6] provides the objectives of the Correctional Service as follows;
(1) The objectives of the Act are to:
- Ensure compliance with international human rights standards and good correctional practices;
- Provide an enabling platform for the implementation of non-custodial measures;
- Enhance the focus on corrections and promotion of reformation, rehabilitation and reintegration of offenders; and
- Establish institutional, systemic and sustainable mechanisms to address the high number of persons awaiting trial.
The Act stipulates that prisoners are entitled to humane treatment and access to medical care[7], education, and vocational training.[8]
- The African Charter on Human and Peoples’ Rights
Nigeria is a signatory to this charter. The African Charter on Human and Peoples’ Rights emphasises the importance of human rights and condemns torture and inhumane treatment to which prisoners are not exempted.
- United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)[9]
These rules are generally not binding; however, they serve as guidelines for the treatment of prisoners internationally and provide benchmarks for the rights that inmates should enjoy.
CONSTITUTIONAL RIGHTS
The foundation of prisoners’ rights in Nigeria is rooted in the 1999 Constitution (as amended). Several sections address these rights implicitly and explicitly:
Right to Dignity of Human Person (Section 34): The provisions of this section imply that every prisoner’s dignity must be protected. It safeguards prisoners from torture, inhuman or degrading treatment. This further prohibits corporal punishment, denial of basic necessities, and oppression of prisoners.
Right to Personal Liberty (Section 35): Though by virtue of section 35(1) (a-c) of the 1999 constitution,[10] imprisonment inherently restricts personal liberty as it confines the accused to the prison custody, this section guarantees fair arrest procedures, the right to be informed of the reasons for arrest, and the right to legal representation. It also outlines the limitations on detention without trial.
Right to Fair Hearing (Section 36): This fundamental right doesn’t leave out prisoners, as it ensures prisoners get access to legal counsel and the right to a fair and impartial trial, even within prison walls, for offences committed inside.
SPECIFIC RIGHTS AND LEGAL PROVISIONS.
Aside from the constitutionally guaranteed rights, there are other laws and regulations further clarifying and expanding upon prisoners’ rights:
- Right to Adequate Healthcare: By virtue of Section 23 of the Nigerian Correctional Service Act 2019,[11] prisoners are entitled to access medical treatment and necessary medications. The Nigerian Correctional Centre is responsible for providing these services, though the quality and availability often pose concerns.
- Right to Adequate Food and Accommodation: The Nigerian Correctional Service is obligated to provide prisoners with adequate food, clean water, and sanitary living conditions. However, overcrowding and inadequate resources frequently compromise these rights.
- Right to Religious Freedom: Prisoners are allowed to practice whatever religion they wish to practice within the prison environment.
- Right to be produced before a court: Upon the services of a production warrant,[12] the correctional centre is mandated to produce the inmate in court on the date indicated in such warrant. Failure to produce the inmate can lead to the sanction of such a custodial centre.[13]
- Right to Complain: Prisoners have the right to report grievances and lodge complaints about mistreatment or violations of their rights, which can be a subject for a fresh case against the correctional centre or any of its members.
- Right to Rehabilitation: The Nigerian Correctional Service is mandated to provide rehabilitation programs aimed at reintegrating prisoners back into society.[14] These programs may include vocational training, education, and counselling services.
CHALLENGES AND REALITIES:
Irrespective of the legal framework in place for the protection of prisoners’ rights, the reality for many prisoners in Nigeria falls far short of the protections afforded to them. It was reported by the National Human Rights Commission of Nigeria, for instance, that there have been a lot of human rights challenges in the Nigerian prisons, and the situation of the inmates is quite appalling.
According to the Commission:
The prison environment continues to pose serious threats to the physical and mental well-being of inmates and prison officers alike. Conditions such as overcrowding, lack of medical/health facilities, poor toilet facilities and beddings, and denial of access to justice continue to persist in clear contrast to the requirements of the UN standards for the treatment of persons in custody. This state of affairs is attributable to the actions and/or inactions of all players in the administration of justice sector in Nigeria.[15]
A few of the various challenges faced by inmates include:
- Torture and Ill-Treatment: There have been several reports of torture and physical abuse, both from officers of the Correctional centre and fellow inmates.
- Substandard Living Conditions: Overcrowding of correctional centres has led to unsanitary conditions, inadequate ventilation, and the spread of infectious diseases.
- Limited Access to Healthcare: Poor medical facilities, shortage of medical personnel and several other complaints from inmates.
- Prolonged Pre-Trial Detention: Several prisoners are being held for extended periods without trial, thereby violating their right to a fair hearing and due process.
- Lack of Transparency and Accountability: Limited access to prisons for independent monitoring and oversight hinders efforts to address abuses and improve conditions.
CONCLUSION.
The Nigerian Court of Appeal, per Uwaifo, JCA in the Case of Peter Nemi v Attorney General of Lagos State and Ors[16] stated that Prisoners still have their rights intact, except those deprived by law. The mere fact that a person has been accused, acquitted and sentenced doesn’t excuse all his rights nor condemn such a prisoner to a life of little or no regard.
REFERENCE
- Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 2 of the Nigerian Correctional Service Act (2019) ↑
- S 23 of the Nigerian Correctional Service Act (2019) ↑
- S 14 of the Nigerian Correctional Service Act (2019) ↑
- United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) available at https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf ↑
- S 35(1) (a-c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) ↑
- S 23 of the Nigerian Correctional Service Act 2019 ↑
- S 17 (1) of the Nigerian Correctional Service Act 2019 ↑
- S 17 (3) of the Nigerian Correctional Service Act 2019 ↑
- S 14 of the Nigerian Correctional Service Act 2019 ↑
- National Human Rights Commission Nigeria Report of Prison Audit, 2009,
p. 129. ↑
- (1996) 6 NWLR (Pt 452), 42. ↑
