INVESTIGATING THE HUMAN RIGHTS CONDITIONS IN NIGERIAN PRISONS
Introduction
Prison is an institution designed for people who have been convicted of crimes. These individuals, known as prisoners or inmates, are kept in continuous custody for the duration of the term of their jail sentence. Prison structures had been in existence from ancient civilizations, the widespread use of long-term confinement as a form of criminal punishment began only in the 15th century. However, every industrialized nation today has prisons, and the importance of prison structure throughout the world is for the punishment of the commission of crimes.
The breach of a criminal law usually result to the offender being tried in a court and if found guilty will be convicted and then sentenced to a certain jail term. However, the sentence may include fines, probation, community service or incarceration.
This article tends to investigate the basic rights of prisoners in Nigeria as enshrined in the constitution and various legal frameworks, guaranteeing basic rights like freedom from torture and access to legal representation. However, the bleak reality in Nigerian prisons cannot be over emphasized with situations such as overcrowding, poor sanitation, violence and disregard to human rights.
Basic Role of the Prison
The role of prison is to secure the confinement of those convicted of a crime punishable by a specified jail term. This protects the society from the actions of criminal on one hand, and also rehabilitate and reform prisoners to help reintegrate back into the society positively on the other hand.
The Nigerian Prison Service Staff Duties Manual listed the functions of the prison service to include; safe custody of prisoners, diagnosis, correction, training, rehabilitation of incarcerated offenders, and also, generation of funds for the government through prison farms and industries.
Prisons are also charged with the responsibility of producing inmates standing trial before the court of law as at when due if they are on remand and identify the causes of the prisoners’ anti-social conduct with the aim of reforming them.
In Nigeria, prison is an exclusive reserved of the Federal Government. Prisons are on the exclusive legislative list of the 1999 Constitution of the Federal Republic of Nigeria (As Amended). This means that only the National assembly has the power to legislate on matters relating to prison and to establish or manage prisons to the exclusion of the state governments.
Conditions of the Nigerian Prisons
The law provides that, every prisoner who is confined in a Nigerian prison is deemed to be in the legal custody of the superintendent in charge of that prison. Therefore, such person is subject to prison discipline and regulations, whether or not he is within the precincts of the prison.
However, the state of Nigerian prisons is substandard and in most cases dangerous and inhumane for inmates. It is obvious that the prisons in Nigeria are used as institutions for punishment. However, apart from excessive use of corporal punishment against the inmates, the conditions of these prisons are so deplorable. The prisons are overcrowded, poorly ventilated, while environmental sanitation is almost none existent in most of the prisons in Nigeria. Consequently the inmates are prone to various diseases which caused them poor health and even death in some cases due to poor medical facility in the prisons. The inmates are usually not on good diet and they are poorly fed without good clothing.
In Nigeria prisons, those awaiting trial and those convicted are often confined together in same facility. Other advanced countries usually have separate facilities such as jail for those awaiting trial or serving a very short term, while prisons are for convicted individuals. The lack of this distinction and separation has highly contributed to the issue of congestion faced by Nigerian prisons.
The Rights of Prisoners Under the Nigerian Law
Prisoners in Nigeria just like every other citizens, are entitled to the fundamental human rights provided under Part IV of the 1999 CFRN, save for where the law expressly provides for an exception to the said right. In addition to the fundamental human rights, convicted prisoners are also entitled to certain rights by virtue of the Prison Act.
Some of these notable rights of prisoners are as follows:
1. Right to Life (save for death penalty)
2. Right to Dignity of Human Person.
3. Right to Personal Liberty
4. Right to be brought before a Court within a reasonable time
5. Right to Fair Hearing
6. Right to Legal Representation
7. Right to be Informed Promptly
8. Right not to be Detained Unlawfully
9. Right to be informed of rights and obligations in Prison
10. Right of Appeal
11. Right to Food and Drinking Water
12. Right to Daily Exercises
13. Right to Medical Services
14. Rights to Receive Correspondence and Visit
15. Right to Remission Of Sentence
16. Right to Access a Due Complaint Process and Redress
17. Right to Seek Redress Against Inhuman Treatment
18. Right to Vote.
Prisoners also have the right to privacy and family life, freedom of thought, conscience and religion, fair hearing, and freedom of expression, right to health and cleanliness, visitation and labor-free weekends, parole, and legal services among others.
It is important to note that, even though these rights are guaranteed in Part IV of the CFRN and other legal framework, they have been continuously violated in the prisons, especially the right to the dignity of their persons.
Conclusion
The prison structure is needed for administrating some punishment to those who commit crimes in the society while keeping them safe custody and ensuring rehabilitation back to the society. However, it is quite pathetic that most prisoners’ rights have been infringed by the warders and other inmates. There is need for prison officials to be trained periodically on the rights of prisoners. This is so because prisoners are also humans and their rights must also be protected and fair hearing within a reasonable time for inmates awaiting trial should be of utmost importance.
Reference
Michael C. Ogwezzy, From Reformation to Deformation: An Approach Towards Sustainable Development of The Defective Prison System in Nigeria. Journal of Sustainable Development in Africa (2011) 13(7).
See the Part 1(Item 48) of the Second Schedule of the 1999 Constitution of the Federal Republic of Nigeria (As Amended)
Section 3, Prisons Act, Cap 366, Laws of the Federation of Nigeria.
E.U.M. Igbo, Introduction to Criminology (Nsukka: Afro-Orbis Publications Ltd. 1990)
Available at <https://www.africanliberty.org/2024/03/15/nigerian-prisons-condition-begs-the-questions-of-human-rights-and-dignity/> Last Accessed 26/04/2025.
Article by Honour Happy-John Esq
Photo Credit: Pexel
