Tackling The Rot In NCoS 

A recent disclosure that more than 3,418 inmates are currently on death row in correctional centres across Nigeria is a cause for alarm. The spokesman for the Nigerian Correctional Service (NCoS), Mr. Abubakar Umar, released this shocking revelation, adding that the total inmate population as of December 18, 2023, stood at 77,849. The stark gender disparity is also worth noting: 76,081 males and 1,768 females. The penal system also appears to be highly saturated with Awaiting Trial Inmates (ATIs) numbering 53,836.
The figures in question call for a need to critically examine and challenge the existing penal policy in Nigeria, especially regarding the death penalty. The state of a nation’s prisons often provides an unadulterated reflection of its society. Critics may argue that it is unequivocally wrong to judge a country by its prisons, citing that this may not paint an accurate picture of national values and development.
However, taking Nigeria as an example, we can convincingly counter such an argument. Judged by the parlous state of its prisons, Nigeria is perceived as a nascent and underdeveloped country with the perpetration of a facsimile of progress. Life in Nigerian prisons can be profoundly challenging. Unlike in some other countries, where prisons aim to rehabilitate offenders, Nigerian prisons often fail to achieve this goal. Instead, inmates are more likely to be influenced by criminal behaviour during their time behind bars, increasing the chances of recidivism after their release.
According to a report published by the Daily Mail of London in 2009, the conditions in Nigerian jails were deemed to be extremely harsh. As a result, Britain made an offer to construct a more humane prison facility in Nigeria, to accommodate approximately 400 Nigerian convicts who had committed crimes within the United Kingdom. This proposal was motivated by the understanding that prisoners facing deportation from the UK could potentially resist being sent back to Nigeria by claiming violations of their human rights.
In Germany, it has been reported that incarcerated individuals experience a certain degree of freedom of movement within their facilities, and are entrusted with the responsibility to make wise choices regarding how they utilise their time. Occasionally, they are granted the opportunity to temporarily leave the prison premises, either for a few hours or overnight, to visit loved ones. However, the situation in Nigeria markedly differs, as the inmates often emerge from their confinement hardly reformed. Upon completing their prison sentences, they appear more dehumanised than dignified.
The revelation of the presence of 3,418 prisoners awaiting execution in correctional facilities throughout Nigeria is disconcerting. This statistic indicates a disregard for the inherent worth of human dignity, and highlights systemic dysfunction within the criminal justice system. Following the conviction and imposition of death penalties, the state governors, who bear the duty to authorise death warrants, must cease evading their constitutional obligation, and instead, aid in alleviating the overcrowding in custodial centres.
Typically, the task is challenging. In contrast to autocracies, leaders in numerous democracies exhibit hesitancy towards implementing the death penalty. Debates regarding its ethical nature, efficacy, and equity are prevalent globally. Amnesty International reports that 112 countries have abolished the death penalty either legally or in practice. On the other hand, 55 countries, such as Nigeria, maintain the death penalty for severe crimes in their legal codes.
Unfortunately, state governors find themselves in a state of conflict because of the decisions they have to make. However, the choice they need to make is evident. Like the president, governors are empowered by the Constitution to exercise their discretion in matters of mercy. This includes the ability to reduce death sentences to imprisonment, release individuals who are on death row, or grant them full pardon. On the other hand, they also have the option to approve the death warrants, particularly those who have exhausted all avenues for appeal and have had their sentences confirmed by the Supreme Court.
A joint effort by the federal legislature and the executive branch to revamp Nigeria’s inadequate prisons appears to be in danger of failing. The proposal to restructure the prisons became tangible when former President Muhammadu Buhari approved the Nigerian Correctional Service Bill. The bill, which had been neglected by the National Assembly for several years before its passage, altered the previous name of the Nigerian Prisons Service to the Nigerian Correctional Service. However, certain aspects of the new law are already falling behind the rapidly changing circumstances in society.
Thus far, the alteration of the name is merely superficial, as the prisons have not yet experienced any critical transformation. For many years, these facilities have been unsightly, completely contradicting their initial purpose. Following inadequate funding, deplorable nourishment, and a lack of expansion efforts, overcrowding has become an unfortunately well-known issue. In Lagos, the five federal prisons, originally designed to house 4,087 inmates, currently hold 9,044 inmates as of March, a predicament shared by all other prisons in the nation.
A profound paradigm shift occurred with the last constitutional amendment in Nigeria, eliciting an extraordinary transformation in the landscape of the nation’s correctional system. This shift lies in the devolution of prison ownership and management, transferring the power from the Federal Government to the States. While this may seem a logistical or even a trifle bureaucratic change to an uninformed observer, those knowledgeable about Nigeria’s prison system understand its potential impact on a long-standing problem: prison congestion.
Governors should utilise the excellent opportunity to experiment with various models of correctional facilities.
President Bola Tinubu, and Interior Minister, Olubunmi Tunji-Ojo, should prioritise the issue of prison decongestion. It is important to note that despite previous promises made by officials, little progress has been achieved. Tunji-Ojo’s recent commitment to releasing 4,000 inmates is a positive step forward.
It is, indeed, crucial to reactivate the mercy machinery and conduct thorough reviews to assess options for clemency, such as reducing sentences. The huge population of awaiting trial prisoners is a disgrace, and state governors and state chief judges must approach this task with resolve and seriousness. It clearly paints a picture of a failed justice administration system, which must be immediately addressed from the law enforcement agencies, especially police, to the judicial officers. A situation where almost 70percent of the inmate population are ATIs is unacceptable. The time to act is now!