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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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Africa

Customs hands over illicit drugs worth N117.59m to NDLEA

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Customs hands over illicit drugs worth N117.59m to NDLEA

The Nigeria Customs Service (NCS), Ogun Area 1 Command, has handed over illicit drugs worth N117.59 million to the National Drug Law Enforcement Agency (NDLEA).

The Comptroller of the command, Mr James Ojo, disclosed this during the handing over of the drugs to Mr Olusegun Adeyeye, the Commander of NDLEA, Idiroko Special Area Command, in Abeokuta, Ogun, on Friday.

Ojo said the customs handed over the seized cannabis and tramadol tablets to the Idiroko Special Command for further investigation in line with the standard operating procedures and inter-agency collaboration.

He said the illicit drugs were seized  in various strategic locations between January and November 21, 2024, in Ogun State.

He added that the illicit drugs were abandoned at various locations, including the Abeokuta axis, the Agbawo/Igankoto area of Yewa North Local Government Area, and Imeko Afton axis.

Ojo said that the seizure of the cannabis sativa and tramaling tablets, another brand of tramadol, was made possible through credible intelligence and strategic operations of the customs personnel.

“The successful interception of these dangerous substances would not have been possible without the robust collaboration and support from our intelligence units, local informants and sister agencies.

“These landmark operations are testament to the unwavering dedication of the NCS to safeguard the health and well-being of our citizens and uphold the rule of law,” he said.

He said the seizures comprised 403 sacks and 6,504 parcels, weighing 7,217.7 kg and 362 packs of tramaling tablets of 225mg each, with a total Duty Paid Value of N117,587,405,00.

He described the height of illicit drugs smuggling in the recent time as worrisome.

This, he said, underscores the severity of drug trafficking within the borders.

“Between Oct. 13 and Nov. 12 alone, operatives intercepted a total of 1,373 parcels of cannabis sativa, weighing 1,337kg and 362 packs of tramaling tablets of 225mg each,” he said.

Ojo said the seizures had  disrupted the supply chain of illicit drugs, thereby mitigating the risks those substances posed to the youth, families and communities.

He lauded the synergy between its command, security agencies and other stakeholders that led to the remarkable achievements.

Ojo also commended the Comptroller General of NCS for creating an enabling environment for the command to achieve the success.

Responding, Adeyeye, applauded the customs for achieving the feat.

Adeyeye pledged to continue to collaborate with the customs to fight against illicit trade and drug trafficking in the state.

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Africa

Ann-Kio Briggs Faults Tinubu for Scrapping Niger Delta Ministry

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Prominent Niger Delta human rights activist and environmentalist, Ann-Kio Briggs, has criticised President Bola Tinubu’s decision to scrap the Ministry of Niger Delta, describing it as ill-advised and detrimental to the oil-rich region.

Briggs expressed her concerns during an appearance on Inside Sources with Laolu Akande, a socio-political programme aired on Channels Television.

“The Ministry of Niger Delta was created by the late (President Umaru) Yar’Adua. There was a reason for the creation. So, just removing it because the president was advised. I want to believe that he was advised because if he did it by himself, that would be terribly wrong,” she stated.

President Tinubu, in October, dissolved the Ministry of Niger Delta and replaced it with the Ministry of Regional Development, which is tasked with overseeing all regional development commissions, including the Niger Delta Development Commission (NDDC), North-West Development Commission, and North-East Development Commission.

Briggs questioned the rationale behind the restructuring, expressing concerns about its feasibility and implications. “But that’s not going to be the solution because who is going to fund the commissions? Is it the regions because it is called the Regional Development Ministry? Is it the states in the regions? What are the regions because we don’t work with regions right now; we are working with geopolitical zones,” she remarked.

She added, “Are we going back to regionalism? If we are, we have to discuss it. The president can’t decide on his own to restructure Nigeria. If we are restructuring Nigeria, the president alone can’t restructure Nigeria, he has to take my opinion and your opinion into consideration.”

Briggs also decried the longstanding neglect of the Niger Delta despite its significant contributions to Nigeria’s economy since 1958. “The Niger Delta has been developing Nigeria since 1958. We want to use our resources to develop our region; let regions use their resources to develop themselves,” she asserted.

Reflecting on the various bodies established to address the region’s development, Briggs lamented their failure to deliver meaningful progress. She highlighted the Niger Delta Basin Authority, the Oil Mineral Producing Areas Development Commission (OMPADEC), and the NDDC as examples of ineffective interventions.

“NDDC was created by Olusegun Obasanjo…There was OMPADEC before NDDC. OMPADEC was an agency. Before OMPADEC, there was the Basin Authority…These authorities were created to help us. Were we helped by those authorities? No, we were not,” she said.

Briggs further described the NDDC as an “ATM for failed politicians, disgruntled politicians, and politicians that have had their electoral wins taken away from them and given to somebody else.”

Her remarks underscore the deep-seated frustrations in the Niger Delta, where residents continue to advocate for greater control over their resources and improved governance.

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Securing the Digital Frontier: Global and Nigerian Cybersecurity Landscape

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Securing the Digital Frontier: Global and Nigerian Cybersecurity Landscape
“Cybersecurity is much more than a matter of IT; it’s a matter of national security.”
Pauline Neville-Jones, former UK Minister for Security
By Ernest Ogezi

As the digital landscape rapidly expands, the global cybersecurity situation has reached a critical juncture. In an increasingly interconnected world, the scale and frequency of cyber threats continue to escalate, affecting individuals, businesses, and governments alike. October, designated as National Cybersecurity Awareness Month, serves as a stark reminder of the growing importance of cybersecurity and the collective responsibility we all share in securing our digital spaces.

Globally, the numbers paint a grim picture. According to a 2024 report by IBM Security, the average cost of a data breach has soared to $4.88 million, marking the highest figure ever recorded. This staggering figure underscores the severe financial implications of cyber incidents. Additionally, the number of data compromises worldwide in the first half of 2024 rose to 1,571, a 14% increase from 2023. These statistics highlight the growing sophistication of cyberattacks and the pressing need for more robust defenses. Ransomware, phishing, and advanced persistent threats (APTs) continue to dominate the threat landscape, with attackers constantly evolving their tactics.

The situation in Nigeria mirrors global trends but presents its own set of unique challenges. As Africa’s largest economy and a rapidly growing digital hub, Nigeria has experienced a surge in cybercrime activity. In 2022 alone, the Nigeria Inter-Bank Settlement System (NIBSS) recorded over 60,000 cyberattacks on financial institutions, amounting to billions in losses. The rise of digital banking, e-commerce, and the widespread adoption of mobile devices have made the country a prime target for cybercriminals. In response to these challenges, the Nigerian government has taken significant steps to bolster the nation’s cybersecurity infrastructure, with the National Information Technology Development Agency (NITDA) playing a pivotal role.

NITDA, the agency responsible for regulating and promoting Nigeria’s IT ecosystem, has been at the forefront of the country’s cybersecurity efforts. In line with its mandate to foster a safe and secure digital environment, NITDA has implemented a series of initiatives aimed at enhancing cybersecurity awareness, promoting best practices, and strengthening the country’s defense against cyber threats. The agency’s role in cybersecurity is multi-faceted, focusing on policy development, capacity building, and public-private partnerships.

One of NITDA’s key contributions has been the development of Nigeria’s National Cybersecurity Strategy, which outlines the country’s approach to combating cyber threats. The strategy emphasizes the importance of protecting critical infrastructure, safeguarding personal data, and building cyber resilience. It also focuses on creating a culture of cybersecurity awareness across all sectors of society. NITDA has been instrumental in implementing this strategy by working with stakeholders to ensure its effectiveness.

In October 2024, as part of National Cybersecurity Awareness Month, NITDA launched a nationwide awareness campaign to educate individuals and organizations on the importance of cybersecurity. The campaign, which aligns with the global theme “Secure Our World,” emphasizes the shared responsibility of all Nigerians in protecting the digital landscape. Through workshops, webinars, and educational materials, NITDA is working to equip citizens with the knowledge and tools they need to safeguard their digital assets.

A key focus of NITDA’s efforts has been the protection of Nigeria’s critical infrastructure, including the financial, energy, and healthcare sectors. Cyberattacks on these sectors can have devastating consequences, not only financially but also in terms of public safety. In response, NITDA has collaborated with both national and international organizations to enhance the cybersecurity frameworks of these industries, ensuring that they are equipped to defend against evolving threats.

Beyond its focus on critical infrastructure, NITDA has made significant strides in fostering a cybersecurity-conscious workforce. Through its Cybersecurity Awareness Program, the agency has trained thousands of IT professionals, law enforcement officers, and government personnel on the latest cybersecurity trends and defense techniques. This capacity-building initiative is crucial for ensuring that Nigeria has a skilled workforce capable of responding to the ever-changing threat landscape.

Despite these efforts, the scale and complexity of cyber threats continue to grow. The rise of ransomware attacks, data breaches, and phishing schemes poses significant risks to both the public and private sectors. NITDA recognizes that cybersecurity is not a static field but one that requires constant vigilance and adaptation. The agency is therefore committed to continuously improving Nigeria’s cybersecurity posture through policy updates, enhanced defenses, and ongoing education.

 

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