Decongesting Lagos prisons

Chief Judge of Lagos State, Justice Ayotunde Philips.
| credits: File copy

ADE ADESOMOJU writes on the release of 233 inmates of the Kirikiri Prisons by the Chief Judge of Lagos State, Justice Ayotunde Philips, as part of activities marking the commencement of the 2012/2013 legal year in  the state

The 2012/2013 legal year in Lagos State commenced last week with a bold step by the Chief Judge, Justice Ayotunde Philips’ to decongest the prisons.

 About 80 per cent of inmates in Nigerian prisons are said to be awaiting trial. This explains the applause which followed the freedom granted 233 awaiting trial inmates at the Kirikiri Prisons on September 18.

The step was part of the activities marking the commencement of the new legal year. It was Philips’ inaugural visit to the prisons and the first time a new legal year would commence under her since she was sworn in as the state’s 14th CJ in June.

 The number of inmates released by Philips surpassed previous records by any CJ in the entire nation. One hundred and thirty of the inmates were released from the Maximum Section while 103 were released from the Medium prison.

 Prior to the release of the inmates, the Maximum prison with a capacity of 1056, was housing 763 inmates, while the Medium section was housing 2,502 inmates among whom 2,378 were awaiting trial; 124 convicted and just four on life sentence.

 The CJ, under Section 1 (1) of the Criminal Justice (Release from Custody) (Special Provision Act) Cap L40, Laws of Federation 2007, is empowered to release deserving inmates on such visits.

 During the CJ’s visit, the Deputy Comptroller of Prison in charge of the Maximum Prison, Olumide Tinuoye, applauded the CJ’s visit, a duty which he said past Chief Judges of the state did not perform regularly.

Tinuoye also lamented the situation in which inmates were remanded in prison to await trial for many years even as he sought compensation for inmates in that category.

 “Many of them have been remanded awaiting trial for about 12 years. They have stayed here more than the normal time. I’m not saying they have not committed any offence. But I don’t know what they mean by normal time if inmates can be remanded here for more than 12 years awaiting trial. Some of them need to be compensated,” he said.

  He added that though the Maximum prison was meant for inmates involved in “high profile cases”, inmates accused of “petty offences” were also being transferred to the prison. He also advocated that convicts who had spent more than 30 years of their sentence should be released.

 He said, “There are some who have been here for over 30 years. If somebody has spent more than 30 years in prison, maybe such person should be released.

 “People should not look at prison as a neglected place. Many of the inmates leave here with their degrees. There is a GCE centre in the prison, and many of them enrol and they perform well. There is also the National Open University of Nigeria here.”

  Philips promised to regularly make such visit in line with her statutory duty and commitment to prison decongestion.

 She said, “This visit is part of the legal year activity. This is to release those who are illegally or unjustly kept in prison. There is one popular maxim which says it is better to let 10 guilty men go free than to let one innocent one be punished.

 “This will no longer be restricted to legal year alone. It is something I intend to do quite regularly, at least once in a quarter or in every six months.

 “We have been hearing the hues and cries over prison congestion. The criminal law has put measures in place so that this can be controlled.”

 Many, including the Attorney-General of the state, Mr. Ade Ipaye, have applauded the step taken by the CJ, saying it is not just about prison decongestion but about doing justice.

 Ipaye spoke on Wednesday at the  ‘Stakeholders’ Summit on the High Court of Lagos State (Civil Procedure) Rules 2012 and the Family Court of Lagos State (Civil Procedure) Rules 2012’, one of the activities marking the beginning of the new legal year.

 He allayed the fears of some members of the public that might perceive the step  by the CJ as releasing criminals into the society.

 He said, “I know there will be hues and cries about criminals being released into the society. But we must refer back to the principles we have all accepted to live by which is that a person must be presumed innocent until found guilty by a court of law.

“It is not just about prison decongestion; it is a bold step by the CJ towards ensuring that justice is done in the society. If the trial has not proceeded for an unreasonable time we should have no question releasing such person.”

According to him, the law makes it possible for authorities to re-arrest any suspect who has been released before sufficient evidence is gathered against him or her.

He therefore said locking accused persons behind bars to search  for evidence and witnesses is a “babaric practice” that must be done away with.

 The call for prison decongestion and improvement of the infrastructure and the conditions of inmates has been an age-long agitation in Nigeria.

 Amnesty International in February 2008, in its report on the state of Nigerian prisons, noted that federal authorities consistently pay lip service to prison congestion. The report also accused the government of refusing to implement the recommendations of numerous committees it set up specifically to address the problems.

 The report, entitled, ‘Prisoners’ rights systematically flouted’, stated in its introductory part, “The Nigerian government has, on numerous occasions, stated its willingness to reform the criminal justice system, acknowledging its role in creating a situation of prolonged detention and overcrowding.

 “Despite many residential commissions and committees recommending reform of the criminal justice system, these recommendations have not been implemented. Instead, the government has simply set up new committees and commissions to study, review and harmonise the previous recommendations.

 “The reality remains that those in prison stand little chance of their rights being respected. Those who lack money stand even less chance.”

 The CJ’s effort in decongesting  the prisons would come as a relief to many Non-Governmental Organisations, who have been undertaking pro bono (free of charge) cases for the enforcement of the fundamental human rights of many of the inmates who had been kept for unreasonably too long awaiting trial.

 The Director of one of such organisations – Prisoners’ Rights Advocacy Initiative -  Mr. Ahmed Adetola-Kazeem, commended the the CJ for the step but warned that the state government needed to rehabilitate the inmates before releasing them.

 He said, “As commendable as the CJ’s action was in releasing the inmates, it would have been better if the Lagos State Government had taken efforts in rehabilitating the released inmates for the next two months (at least) and resettle them properly.

 “For most of them the future is bleak. I hope and pray that the next months in Lagos will not witnesss an unprecedented spate of armed robbery.”

 Adetola Kazeem also advocated prompt prosecution procedure as the only permanent solution to prison congestion since about 80 per cent of the inmates are awaiting trial.

 He said the lacuna created by the irresponsiveness and poor collaboration between the state Directorate of Public Prosecutions and the police should be eliminated for CJ’s effort to have a long lasting effect.

 “The permanent solution to the problem of prison congestion is for the prosecution fast-tracked,” he said.