INCARCERATION AND THE RIGMAROLE OF THE NIGERIAN JUSTICE SYSTEM

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.