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INCARCERATION AND THE RIGMAROLE OF THE NIGERIAN JUSTICE SYSTEM

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By Matthew Eloyi

There is no society without a justice system, and incarcerations have existed throughout history in various cultures. It includes short-term holding facilities for people awaiting trial, sentence, execution, deportation (deporting an offender to another country as a punishment), whipping, or other forms of corporal punishment. In the criminal justice system, incarceration has been portrayed as a small funnel into which offenders are poured. It is thought to be the darkest part of Nigeria’s justice system.

Incarcerations, both critics and supporters agree, are an unproductive and inefficient means of treating and rehabilitating offenders. Despite the fact that incarceration ought to be a humane and efficient conveyor belt, the deplorable conditions of inmates in Nigeria’s prisons have sparked a public clamour for reform. According to data from the Nigerian Correctional Service (NCS) on the Summary of Inmate Population by Convict and Persons Awaiting Trial as of October 4th 2021, the facilities carry 37% more inmates than they were meant to hold. Prison overcrowding in Nigeria is one of the vexing challenges that has plagued the country’s criminal justice system, prompting calls for immediate reform of the NCS. Prison overcrowding is linked to the constant rise in the number of people awaiting trial, who is claimed to account for more than 70% of the number of inmates in the country’s prisons. The detrimental impact of prison congestion has resulted in a number of jailbreaks around the country, posing a security danger because both convicted and detained convicts frequently vanish without a trace.

A person apprehended on suspicion of committing a crime in Nigeria is deemed innocent unless proven guilty by a competent court of law, according to the Nigerian Constitution. They have the right to an attorney, are immune from self-incrimination, and must appear before a judge or other judicial official within a reasonable time or be freed from custody two to three months after being arrested. Detaining someone awaiting trial for longer than the law allows, or even longer than they would have spent if convicted of the crime for which they were detained or charged, is a violation of their fundamental human rights, as guaranteed by section 35 of the 1999 constitution (as amended). Early contact with a lawyer has been shown to lessen the likelihood of detainees being tortured or even summarily executed by the police. However, access to counsel is a pipe dream for many pre-trial detainees. They are often unable to afford the services of a lawyer, and the organization in charge of filling this void—the Legal Aid Council of Nigeria—is both understaffed and underfunded. Any meaningful reform of the justice system must make providing legal counsel to criminal defendants within 48 hours of detention a top priority.

In Nigeria, the most upsetting and difficult part of criminal justice is the delay in the administration of justice. Criminal trials in the country are frequently prolonged, particularly when the person on trial/defendant has access to legal counsel who can assist in exploiting system flaws, causing delays or frustrating the trial. Politicians and political office holders profit the most from the criminal justice system’s shortcomings when they are brought to trial for corruption and abuse of office. Many of them can afford to hire lawyers, who frequently prolong trials to the point where conviction becomes improbable because witnesses may no longer be available, or where witnesses are available, some facts relating to the case may have been distorted, or during which the defendant gains immunity due to a political position or election victory while the case is pending. As a result, the country is in the regrettable predicament of the justice system losing its ability to complete criminal proceedings involving affluent and politically exposed individuals. Meanwhile, the number of persons incarcerated without trial, particularly impoverished people, is increasing.

For a better and more functional justice system, provisions should be made for rapid trials; restrictions should be placed on the number and interval of adjournments, and electronic recording of trials should be allowed to lessen the difficulties connected with trial de novo (fresh trials) of part-heard cases. The accused, society and the victim should all have access to justice. In Nigeria, the criminal justice system currently does not acknowledge the victim’s rights. Victims of criminal activities should be treated with respect and care in order for criminal justice to be effective.

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The Fight for Women’s Rights in Nigeria: The Impact and Challenges of the VAPP Law

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By Bukola Taiwo

Women and social justice advocates in Nigeria have, through the years, tirelessly fought for the rights and protection of women through various means such as policy advocacy, policy implementation, and community sensitization, among others. Their efforts have been instrumental in bringing about significant legislative changes aimed at safeguarding the rights of women and vulnerable groups. One of the most notable achievements of their resilience and dedication is the passage of the Violence Against Persons Prohibition (VAPP) Law in 2015. This landmark legislation was enacted after 14 years of persistent advocacy and negotiations with different legislative assemblies.

The VAPP Law is a comprehensive legal framework that addresses various forms of violence against individuals. It provides detailed definitions of different types of violence, including physical, emotional, and sexual violence, and prescribes stringent sanctions for perpetrators. The law criminalizes acts such as rape, domestic violence, and other forms of abuse, ensuring that offenders are held accountable for their actions. The VAPP Law is notable for its gender-neutral and rights-based approach, which emphasizes the protection of all individuals, regardless of gender. As a result, over 30 states in Nigeria have domesticated this law, reflecting its widespread acceptance and implementation across the country.

Despite the rise in sexual and violent crimes in Nigeria today, which underscores the urgent need for robust legal protections, the legislature’s commitment to the comprehensive implementation of the VAPP Law appears to be waning. Contrary to expectations, there has been a motion to repeal the VAPP Law, spearheaded by Senator Jubril Isah of Kogi East. This motion has already passed the second reading with alarming speed. It is worth noting that in 2022, the same Senator Jubril Isah sponsored a similar bill to repeal the VAPP Law, although it did not succeed at that time.

Senator Jibrin’s push to repeal the VAPP Law of 2015 is based on his assertion that the law is “gender-biased.” This claim has sparked significant controversy and concern among advocates for women’s rights and social justice. The senator’s stance is seen by many as a blatant disregard for the safety and protection of women and vulnerable groups. Critics argue that his efforts to repeal the law undermine the hard-won protections that have been put in place to safeguard victims of violence, particularly women. The dismissal of the law’s intent to protect victims from violence, under the guise of promoting neutrality, is perceived as an attempt to roll back critical legal safeguards that have been established through years of advocacy and struggle.

The potential repeal of the VAPP Law poses a significant threat to the progress that has been made in addressing violence against individuals in Nigeria. It is imperative for advocates, policymakers, and the general public to remain vigilant and continue to push for the full implementation and enforcement of the VAPP Law. Ensuring that this crucial legislation remains in place is essential for protecting the rights and safety of all individuals, particularly women and vulnerable groups, who are most at risk of violence and abuse.

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LIBERIAN PRESIDENTIAL ELECTION: A SALUTE TO THE ADVANCEMENT OF AFRICA

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Ajulo advocates sale of underutilised correctional centres to fund education

LIBERIAN PRESIDENTIAL ELECTION: A SALUTE TO THE ADVANCEMENT OF AFRICA

Today, I write with profound appreciation, admiration, and utmost respect to commend and pay homage to an extraordinary individual who has exemplified the true essence of democracy and the power of accepting the will of the people.

It is with great honor that I take this moment to recognize and celebrate His Excellency George Weah, a man whose journey from the football field to the presidency has filled us with immense pride as Africans and shattered the misconceptions that democracy cannot thrive in our remarkable continent.

George Weah, a name that resounds with triumph, resilience, and an unwavering spirit. From the humble streets of Monrovia to the grandest stadiums across the globe, he captured our hearts with his exceptional talent, his grace, and his unwavering determination. However, today’s occasion is not solely to commemorate his remarkable achievements as a renowned footballer but also to acknowledge his courage in accepting defeat and embracing the collective will of the people.

In a world where political contests often sow seeds of bitterness and division, George Weah has emerged as a shining example of statesmanship, humility, and reverence for the democratic process. His momentous concession speech was not merely a personal triumph; it was a defining moment for Liberia, for Africa, and for democracy itself. Through his actions, he has unequivocally demonstrated that democracy can thrive and prosper on our continent, dispelling the notion that it is incompatible with our values and aspirations.

Let us also recall that George Weah is not the first African leader to exhibit such grace and humility in the face of defeat. Allow me, once again, to express my admiration for His Excellency Goodluck Jonathan of Nigeria, who, in 2015, accepted the people’s verdict and conceded defeat to His Excellency Muhammadu Buhari. These acts of statesmanship by leaders like George Weah and Goodluck Jonathan serve as testament to the fortitude and resilience of democracy in our continent.

Today, it is imperative that we recognize the urgent need to fortify and nurture democracy in Africa. Democracy is not a luxury; it is a fundamental right that should be accessible to all. It is a powerful force that empowers citizens to shape their destinies, voice their concerns, and hold their leaders accountable. Through democracy, we can ensure transparent governance, safeguard human rights, and foster inclusive development.

To strengthen democracy in Africa, we must focus on three crucial pillars: participation, accountability, and inclusivity. We must empower our citizens, particularly the youth, by providing them with education, knowledge, and skills that enable active engagement in the democratic process.

We must foster a culture of transparency and accountability, where leaders adhere to the highest ethical standards and the rule of law prevails. Additionally, we must champion inclusivity, ensuring that the voices of marginalized communities, women, and minorities are heard and respected.

Education, awareness, and civic engagement are pivotal components of a flourishing democracy. We must invest in quality education, equipping our citizens with the tools to critically analyze information, think independently, and actively participate in decision-making processes. We must cultivate an environment where the media is free, independent, and responsible, serving as a reliable watchdog to hold those in power accountable.

Furthermore, it is imperative that we establish robust and independent institutions that safeguard democracy, including an impartial judiciary, a resilient electoral system, and oversight bodies that combat corruption and ensure transparency. We must foster a culture of political tolerance, where divergent opinions are respected, and constructive dialogue is encouraged. Only through these collective efforts can we strengthen the democratic fabric of our nations and secure a brighter future for all Africans.

George Weah’s legacy will forever be etched in the annals of African history. His journey from a football superstar to the presidency of Liberia has inspired generations, shattered stereotypes, and proven that democracy is not merely an abstract ideal but a tangible reality that can uplift our nations. His extraordinary act of embracing defeat with grace and humility has set an example that must be emulated by leaders across the continent and around the world.

As I take this opportunity to bid farewell to a leader, a legend, and a true champion of democracy, it is incumbent upon us to carry forward the torch of his legacy. Let us honor George Weah’s courage, resilience, and unwavering belief in the will of the people.

Together, let us work tirelessly to strengthen and nurture democracy in Africa, ensuring that it remains a beacon of hope, progress, and prosperity for generations to come.

I extend my heartfelt gratitude to you, George Weah, for your remarkable contributions to our nation and to the cause of democracy in Africa. May your journey continue to inspire us all to strive for a better future, where the democratic ideals you epitomize will flourish and guide us towards a united and prosperous Africa.

May you find fulfillment and joy in the next chapter of your life. May God bless you, my friend, and may God bless Africa.

Dated 18th November, 2023

Dr Olukayode Ajulo, OON, FCIArb. UK
Chairman, Incorporated Trustees of Egalitarian Mission For Africa (EMA)

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Deaf Women Aloud: Advocating for the Rights and Well-being of Hearing-Impaired Women in Taraba State

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Deaf Women Aloud: Advocating for the Rights and Well-being of Hearing-Impaired Women in Taraba State

Over 100 hearing-impaired women from across the sixteen Local Government Areas of Taraba State gathered in Jalingo for the Deaf Women Conference organized by the Deaf Women Aloud Initiative. The conference, held in early October, aimed to address the pressing issues surrounding the sexual and reproductive health rights of deaf women and girls in the state.

The event, held under the theme “Unheard,” brought attention to the challenges faced by the hearing-impaired population, particularly in the realms of education and employment. According to the World Health Organization, over 5% of the world’s population suffers from disabling hearing loss, and in Sub-Saharan Africa, individuals with hearing impairments often lack the necessary support for success.

The conference featured various sessions and discussions, with Gloria Manasseh Luka, a broadcast journalist from Rock FM Radio 92.3 Jalingo, delivering a goodwill message. Luka expressed her surprise at the significant turnout, stating, “I never knew we had a huge population of hearing-impaired women in Nigeria: over 100 hearing-impaired women from across the state.” She noted that this count did not include men or children in attendance, emphasizing the vastness of the hearing-impaired community in the region.

During her speech, Luka highlighted the importance of supporting the sexual and reproductive health rights of deaf women and girls. Two interpreters, Fatima, the daughter of a hearing-impaired woman, and another participant, skillfully translated the message to the excited crowd.

The event shed light on several crucial issues faced by the hearing-impaired community in Nigeria. Among the lessons shared by Luka were practical tips on communication, such as using hand gestures for applause and avoiding touching or grabbing to get a hearing-impaired person’s attention. Attendees were also urged to learn basic sign language for essential expressions like “Please,” “Sorry,” and “Thank you.”

A startling statistic shared during the conference revealed that 25% of Nigerian hearing-impaired women could benefit from hearing aids and cochlear implants but are constrained by financial limitations. Job opportunities and learning utilities for hearing-impaired women were reported to be insufficient, with high incidences of physical and domestic abuse, even within marriages.

Stakeholders emphasized the need for ‘deaf inclusion’ in social, cultural, and health spaces, advocating for the presence of interpreters in television, radio, and alternative media programs beyond just news segments.

As the conference concluded, it was evident that organizations like the Deaf Women Association of Nigeria (DWAN) play a crucial role in standing in the gap for the hearing-impaired community.

DWAN provides guidance and counselling services to hearing-impaired girls, women, parents, and guardians, empowering them to fight for their rights and advocating for comprehensive laws to address the challenges they face.

The conference served as a platform to amplify the voices of the unheard, sparking discussions and actions towards a more inclusive and supportive society for the hearing-impaired in Taraba State.

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