The Challenges Facing Prison Reforms In Nigeria

Project and Seminar Material for Sociology

Abstract

The main purpose of this study was to find out the challenges facing prison reforms in Nigeria, using the maximum security prison which locks only male prisoners and the female security prison, both of which are in Kirikiri, Lagos.

Fifty respondents which include both the staff and the inmates of the two prisons (female and maximum security) prisons were sampled. The respondents views on the challenges facing prison reforms in Nigeria were sampled. The questionnaire on the challenges facing prison reforms in Nigeria developed by the researcher herself was used for the measurement of these challenges based on the quality of staff or prison personnel, how well equipped the Nigerian prison is, the building structure, the society and the criminal justice system.

Ninety-eight percent (98%) of the respondents were of the opinion that the above factors were major challenges facing prison reforms in Nigeria. There were five hypothesis generated in the study.

They were tested using simple percentages and frequency counts. The study found among many other things, that the quality of staff is a determinant factor in prison reforms. It was also found out that the criminal justice system, societal attitude towards ex-prisoners and the under-funding of the prisons pose a lot of challenges to prison reforms.

However, it has been ascertained that these factors encourage over-crowding in the prison and not giving room to proper reformation of prisoners and their eventual rehabilitation as affirmed by research findings.

Therefore, there is the need for stakeholders to make conscious efforts to reform the Nigerian prison service.

Chapter One

Introduction

1.1 Background of the Study

So much said in recent times about prison and the need to reform. They, as much as insinuated that the prison do not perform their function at present as expected, and if any rehabilitation is accomplished at all, it is affected not because of imprisonment but other factors. The Nigeria president olusegun obasanjo in his July 2005 television monthly chat opened that the Nigeria prison services are not the job they arrogated to themselves.

There is no doubt that the modern prison is enmeshed in crises of identity whatever is for it is for one clear and single purpose said Lionel fox (1952 p. 15). According to neiderhofer (1981), a prison was formerly an institution establish purposely for punishment. Custody and control. In the report and recommendations on the classification of prisoners and the grouping of prison and lock –ups on function basis (1975) it reiterated “when emphasis was on the early primary aims of society, the job of the prison officers was easy. It was purely and simply custodial. Prisoners were subject to hard and rules. Criminal captive so indeed they were regarded as, retrograde and were so treated. This crisis might have gradually crept in when penologist now strove to meet a new concept and goal of treatment and rehabilitation. No longer is the criminal regarded as enemy of society someone who needs great attention and assistance. Li wand explain that the zeal for prison reform was aroused after the American Revolution by the Quakers and famous Philadelphian as Ben Franklin and Benjamin Rush took the leadin setting up penal institution based on new concept of justices and perfectibility of man. John Howard the magna carta of prison management has this idea that “if you made prisoners think they would see the error of their ways’’.

In 1955 the united nation unanimously adopted the rules on the prevention of crime and the treatment of the offenders. It state inter –alia. ‘’The purpose and justification sentence of imprisonment or similar measure derivative liberty is ultimately to protect society against crime’’. This can only be achieved if the period of imprisonment is used to ensure that the offender leads a law abiding and self-reliant life when he/she eventually returns to the society.

To this end, the prison institution needs to utilize all the remedial, education, moral, spiritual and other forms of assistance available. This should be applied according to individual treatment needs of the prisoners. According to Sir Alexander Paterson, a prison administrator, the first duty of the prison warden is to ensure at least that a man emerging from prison is no more deprived than when he entered it.

In a study carried out by the National Commission on law observance and Enforcement in 1931 in Federal and state prison in the united state, it was reported that the present system of the united state of American had failed. The commission based its conclusion on finding that the men who were released were not better equipped to accept an honest role in the world than before commitment. Leiwand (1972) put it thus, institution founded upon high hopes and loftly aspirations during the mid-nineteenth century and early twentieth century to solve the problems of crime… are failing us as we approach the twenty-first century

Following the earlier reforms the walnut street jail become the first penitentiary in the united state which separated hardened criminals from first time offender and civil offenders. This was widely copied by other prison. Leiwand (1972 p. 27) reiterated that “despite a promising beginning the walnut street jail was not the great success for which its founder had hoped. It was doomed to go down to defeat because of welter of politics, incompetent personal, overcrowding, idleness and inadequate financial support’’

Similar circumstances have hampered the Nigerian prison service which has been described as a “modern day dungeon according to west idahosa who was elected to represent Edo North Federal Constituency in the house of Representative in Nigeria (April 2006 pg 5 and chesa (Jan 2006 pg B/17) simply described it as hellish”. This condition he attributed to overcrowding, inadequate feeding, poor sanitary and medical facilities illegal detentions, inadequate recreation, vocational facilities and poorly designed facilities.

“It is no secret that prison infrastructure in the country is a shambles.…. Prisoners are held in dilapidation building, some of them erected, many years ago, prisoners like Bauchi construction in 1820, Yola: 1905, Sokoto: 1908, Kano: 1903 among others are begging for both structural and aesthetic renovations’’ PRAWA (March1999 pg 6).

Ahamadu (1971) observed that a prison is said to be crowded not only when it holds more person than its rated capacity (that is the capacity determined by architects and planners) but also when the ratio between personnel and inmates exceeds a certain proportion. Quinney (1979) is of the view that even when treatment programmes are provided they are as dehumanizing as imprisonment.

The Nigerian prison service in their view has been performing their functions to the best of their ability and equipment. According to the report and recommendation on the classification of prisoners… it is a mistaken belief that no classification can be done without the participation of qualified graduate psychiatrist, psychology and sociology. They can be substituted with qualified psychiatrist Nursing Superintendent. According to Giwa Osagie “our prison system is reformative and not punitive. The process of imprisonment start from the time a person is arrested, remanded, charged, tried and convicted, He, however, admitted that the process of justice is so slow that many inmates awaiting trial have to remain under painful suspense for very long before their fate is decided ‘’The mental agony and physical strain undergone before his conviction and the deprivation of liberty would seem to be enough punishment” he said.

According to the federal government’s policy on the reorganization of prison (1971), the Nigerian prison service had been providing the inmate with social, educational and skills with a view to making him employable on release.

In spite of the claims of the Nigeria prison, recidivism rate can be accounted for by the ways in which treatment programmes are being implemented. In Giwa Osagies view “our prison are very badly planned and cannot serve modern requirements.’’

1.2 The Statement of the Problems

Various studies have been carried on prison and imprisonment. Baly (1852) carried out a study on the effect of imprisonment. A similar study was carried out by Flanagan (1980) on the pains of long-term imprisonment. Leiward (1972) carried out its study on problems of American society (PRISONS) and palmer (1973) carried out its study on the constitutional right of the prisoners. Baly was of the view that imprisonment has a serious effect on the psyche which if not well treated or handled could drive one to insanity. Flanagan (1980) found that several inmates commented that prison lived in a vacuum’’ Leiward (1972) in his study observed that during mid- nineteenth century and early twentieth century to solve the problems of crime……….are failing us as we approach first century Palmer (1973) opined that though imprisonment has limited certain prisoners rights. The prisoner still have some rights if when violated is able to civil or criminal offence.

The above studies carried out so far by these foreign research though boarders on imprisonment none carried out in details a study on the challenge facing prison reforms/reformation of prisoner.

In Nigeria, Mgbemena (1983) Research on the psychology of imprisonment with emphasis on adult prisoners in Benin City. This study was limited to Benin City. Akomolsfe (1987) though carried out a research of reformation of prisoners. Its sample was limited on Ado- Ekiti them in Ondo State and the study did not talk on the challenges facing reformation of prisoners. Nzemeke (1993) research on inmates, perception of Ilorin prison as a means of rehabilitation.

Though the work of Akomolafe (1987) Mgbemena (1983) and Nzemeke (1993) were undertaken in Nigeria, they did not address the issue of the challenge facing prison reforms.

The following are the research question which this study intend to find answers to:

Does the quality of staff affect the reformation of prisoners?
Is the prison ill equipped to carry out the role of reforming the prisoners?
Does the building structure of the prison affect the reformation of the prison?
Classification of prisoners in prison: how far is it practiced and to what extent does this affect the reformation of prisoners?
What role do the inmates play in the achievement of reformation?
What is the role of the other arm of criminal justice system in prison reform?

1.3 Purpose of the Study

The main purpose of this study is to find out the challenges facing the reformation of prisoners in Nigeria. It is the purpose of this study to find out:

If the prison service are actually playing their roles as reformers.
Are the inmate actually reformed at the end of the day?
What are the public views of the role of prison service as reformers?
What effect of does the building structure of the prisoners have in the achievement of reformation of prisoners?

If the activities of the other arm of the criminal justice system (the police and the judiciary) affect the achievement of reformation of prisoners. The hue and cry of the Nigeria public is that the prison dehumanizes the inmates, such that, the inmates serve their imprisonment and depart without any noticeable change, and perhaps they come out worse than they want in. The inmates spend much of their time planning their next crime or improving on their criminal techniques. This, they attributed to the deficiency in the prison’s role as reformers. However, there seems not to be any study in Nigerian to prove this, thus, it becomes necessary to carry out this research to find out the challenges facing prison reforms in Nigeria.

It is the belief of those research that this study would contribute significant information with empirically backed data which will be useful to the official and administrator of the prison themselves and other students wishing to carry out similar research and who endeavour to read through this project.

A knowledge of the challenges facing the prison reforms will be useful to the criminal justice system and the government in implement new panel policies and the classification and planning of necessary reformatory treatment for inmates.

1.4 Statement of Hypothesis

Ho: The activities of the other arms criminal justice system (the police and the judiciary) play a role in the challenges facing prison reforms in Nigerian.

1.5 Scope of the Study

The scope of this study will be limited to the inmate in maximum security prison, Kirkiri, Lagos who have spent one year and above, it is believed by the research that these categories of prison have the experiences the prison environment and have undergone most of the treatment in prison. And the staffs who have associated with the prisoners and are able to identify the problems.

1.6 Study Population

For ease of response to the instrument, the sample will be composed of 400 inmate and a hundred staff of the service (maximum and female prison Kirkiri) It is note worthy that the figure chosen for the inmate sample is so because the inmate population is unpredictable as inmate are received and released regularly.

As regards the staff, these are in three categories: the superintendent cadre, the inspectorate cadre and the Assistant cadre. The superintendent cadre are the administrative staff while the inspectorate and the prison assistant cadre are rank and files.

The maximum security prison population is about a hundred and fifty staff and the female prison are about a hundred and one staff.

1.7 Method of Data Analysis

This research intend to use the analysis of variance to test the hypothesis.

This is because this hypothesis seeks to compare the means of three groups. According to Adana (1990) using the analysis of variance of compare the mean of three or more group selected at random from a given population is testing the truth of a logical statement about the types of variance of the groups.

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Conclusion

The significant of this study is premise on the problems of overcrowding in Nigeria drawing some lessons from South Africa and America. Prison overcrowding is a situation where prisoners are housed in a number above rated capacity of a prison facility. Prison congestion as it is known in Nigeria is a problem mostly in prisons in the metropolitan cities while prisons in the suburb operate below capacities. The prisons conditions are generally deplorable, majority of prisons about seventy five percent in Nigeria were constructed by colonial administration with dilapidated structures at the brinks of collapse, of the twenty five percent constructed by native authority and federal government were built with substandard materials now in the same state of disrepairs without the basic facilities for inmates welfare.

In such a situation in metropolitan cities like Ikoyi prisons, Kerikeri maximum, Abeokota, Kano, Port harcourt, Calabar, Enugu, Warri, Owerri and most other cities where overcrowding occurs, inmates are crammed in cells in appalling conditions without the basic necessities to decent accommodation, hygiene, sanitation, nitration and medical care which fall short of standard stipulations by United Nations and other regional and international human rights instruments. This has led to the violation of prisoners’ rights such as the right to privacy is denied where buckets, pit toilets and bath are in the cells, inmate bath and defecate before the glaring eyes of other inmates without toiletries and disinfectants. The idea of classification of inmates is a mirage as juveniles are housed together with adult, pregnant women; children and nursing mothers are incarcerated with other prisoners without post and prenatal facilities; inmates with conic and contagious diseases are housed with other inmates with no adequate drugs nor transferred to special facilities for proper treatment; Inmates are twenty three hours lock up without enough time for recreation, lighting, ventilation and heating; most time denied communication with counsels and contact with family members.

Overcrowding in Nigeria is caused by series of factors which includes, overreliance on pre- trial detention, 75 % of the prison population are the awaiting trial, magistrates and judges make excessive use of remand orders even on trivial matters due to over criminalisation of behaviours, Magistrates are empowers to make remand orders on offences in which they lack jurisdiction to prosecute such as homicides, murder, treason and armed robbery; The Nigeria police force is empowered to arrest and detained before investigation while the suspect is remanded in custody waiting the out come of investigation which may last for several years. The police delay duplicating case files for legal advice, often times misplaced case files and come to court with no evidence nor witnesses and without the investigating police officers; Ministry of justice delay in giving legal opinion on files submitted by the police; there is delay in the administration of justice, the courts have backlog of cases and give prolong adjournments while the lawyers come to court ill prepare only to seek for adjournments and the lack of coordination between the actor in the criminal justice sector leading to confusion and delay to act. The combination of these factors has led to prisons congestion in Nigeria.

The conditions created by overcrowding have negative implications on both the incarcerated person, prison administration and the society. For the incarcerated person, it affects both his mental and physical health, exposing him to infectious diseases like HIV/AID, tuberculosis, spread of skin diseases and other venereal diseases and often result to death; causes anti social behaviours like sodomy, rape and sexual exploitation, it also causes idleness and frustration leading to inmates infraction of prison regulations and interpersonal confrontation with the prison warders, this is the sole cause of jail breaks, riot and prisons escapee.

The prison managers are over task to provide for the basic need of prisoners, prison facilities are overstretched making personnel to violet international standards, prisoners are always lock up without separation of inmates according to classes or any time for recreation and rehabilitation and exposes the prison personnel to the risk of contacting diseases, physical attack and dampened their morality while the community to which the offender without rehabilitation and untreated disease retunes to, after release harvest the net effects of imprisonment on the ex offender who come to spread diseases to his family members, threat to public safety as he relapse to crime; create economic hardship to families where person affected is the bread winner; causes broken families and task the tax payers to cater for offender to whom he offends.

There exist both Regional and International Human Rights Instruments which set standards and principles for good practice in prison management and enjoin national authorities to apply with variations depending on locality and economic advancement. Those International Human Rights instruments which addresses overcrowding related issues includes: The United Nations Standard Minimum Rules, The United Nations Covenant on Civil and Political Rights, The body of principles for the Protection of All Persons under Any Form of Detention, The International Committee of the Red Cross, United Nations Declaration on Human Rights, United Nations Minimum Rules for the Administration of Juvenile Justice and the United Nations Convention for the Rights of the Child. While Regional Human Rights Instruments includes: European Convention on Human Rights, European Committee for the Prevention of Torture, The Kampala Declaration on Prison conditions in Africa and the Africa Charter on Human and Peoples’ Rights.

It is clear from all the specific provisions enumerated in these instrument that there tend to be replication of the United Nations Standard Minimum Rules which requires Humane treatment of prisoners, separation of all categories of prisoners convicted from awaiting trial, male from female and juvenile from adult; prisoners should be provided with basic needs as to a decent accommodation in a clean hygienic environment that is necessary for health, Cells should be well ventilated with lighting and heating facilities, Each prisoner should sleep in a bed per night with clean beddings and toiletries, balance diet and medical care. Prisoners should have access to legal representation and contact to family members, entitled to recreation for at least one hour per day, further require that prisons should be reformative in nature with educational and vocational programmes to take care of individual unique needs and effective reintegration back to society.

And require that special treatment be accorded to vulnerable groups like juveniles, children, pregnant women and those with personality abnormalities who should be separated or transferred to special facilities for treatment. To this end, the Kampala declaration on Prison Conditions in Africa, United Nations Minimum Rules for the Administration of Juvenile and the United Nations Convention for the Right of the Child amplify diversion of cases concerning juveniles from formal judicial proceedings, placement of juvenile on intensive family supervision, counselling and emphasised that, the welfare and special needs of the child should take the paramount preoccupation of all intervention in this regards, while
imprisonment should be the last option.

Unfortunately, Nigeria though signatory to most of the instruments except the European convention and the European Committee for the Prevention of torture, have not comply to any of these rules as prisoners in Nigerian prisons are not separated, awaiting trial persons have no beds at all, who are crammed together without ventilation, lighting and in the most appalling conditions without water, sanitation is so poor, pit toilets and buckets are mostly provided without tissue paper nor disinfectants. Pregnant women and children are not provided with post and pre natal facilities, civil and criminal lunatics are not transfer to special facilities and access to justice is uncommon in Nigeria.

But however, Nigeria is not bound to strictly apply the rules in the administration of its prison except where such have been domesticated according to section 12 of the 1999 Constitution of the Federal Republic of Nigeria. Nigeria has domesticated the African Charter on Human and Peoples’ Rights and the Convention on the Rights of the Child which makes the specific provisions binding and enforceable by the courts in Nigeria.

Overcrowding is not unique to only Nigeria, South Africa and America but pose serious challenges to both developed and developing nations. But the causes of over crowding vary from region to region and policies and strategies put in place to tackle overcrowding equally differ. While the root causes of overcrowding is Nigeria is over dependence on pre-trial detention, delay in the administration of justice, police lack of expertise to investigate promptly, over criminalisation and lack of coordination between the actors in the criminal justice sector. The causes of overcrowding in South Africa and America is principally preference to incarceration, lengthy sentences because of the war on drugs with the passing of mandatory minimum, truth in sentencing and recidivism and the requirement of the new bail law which places financial burden on the accused majority of which are too poor to afford bail in South Africa is responsible for prison over population in these countries.

The policies and strategies adopted to tackle overcrowding are also different, while Nigeria employ legal aid council ,jail delivery, amnesty and private lawyers to address the problem of congestion and reduce prison overpopulation with little success as lawyers employed demonstrated luck worm attitude due to lack of government commitment to monitor the project . South Africa and America uses diversionary programmes like parole, probation booth camp and community services; prison privatisation, capacity expansion through construction of new prisons, unit management to customise individual needs of offenders and South Africa in addition uses inspectorate judge, Saturday courts and the president in charge of prisons could apply for the release of inmates already on bail if the population in prisons constitutes a threat to health, human dignity and security risk in prison.

The Nigerian courts have done little or nothing to adjudicate on matters of overcrowding being handicapped by the non justicability provision, while courts in South Africa and America have shown more sympathy towards prisoners’ rights and prison conditions. Yet South African’s courts are constrained by political consideration on this point while American’s courts places burden on applicants to show that overcrowding conditions has led to deprivation of basic needs such as nutrition, physical and mental health, clothing and personal safety. This is in part indicative why overcrowding persist unabated despite strategies and policies adopted to tackle it in these jurisdictions. It’s perhaps hope that with long term policies, criminal reforms and programmes that emphasis treatment on cases of drugs, juvenile with non violent offences in specialised institutions and community base rehabilitation rather than imprisonment, overcrowding could be minimised.

The role of Civil Society Organisations, Non Governmental Organisations and faith base has been remarkable in addressing prison overcrowding related issues in Nigeria, South Africa and in America. They apply diverse methods like policy advocacy, research, litigation and lobbying to instigate reforms. They actively engages in programmes and projects such as rehabilitation and after care, provide prisoners and ex prisoner with life skills, job placement and contract jobs; victim/offender reconciliation; diversion of cases from formal judicial procedure on cases involving juveniles and domestic violent through individual and group counselling, mediation and other forms of alternative dispute intervention.

They supervises parolee on community service programmes and report back to the prosecuting authority and handle cases on suspended sentences on domestic violent referrals and recommend to the prosecuting magistrate. This is reminiscent of NICRO in South Africa and faith base work on the spiritual and physical well being of prisoners. The essence of these programmes is premise on the notion that reformation, successful reintegration makes ex-offenders self reliance, law abiding and prevent reoffending which will reduce the number of persons sent to prisons.
These organisations are beset with myriad of challenges on their efforts to address overcrowding related issues in prison; this includes lack of funding and capacity building; dialogue deficit between the correctional service department and civil society organisations; lack of coordination on programmes of civil society organisations, limited access to prisons facilities and lack of awareness of their programmes. To improve on the activities of CSOs, NGOs and FBOs in addressing overcrowding in prisons and overcome these challenges, the following strategies and /recommendations are suggested: Government patronage in terms of funding and capacity building; the programmes of CSOs should be streamlined and defined; there should be frequent collaborative engagement between the correctional department and other stakeholders working on prison especially on overcrowding related issues and the programmes of CSOs be well publicised with a wide media coverage.

The overview is that overcrowding is caused by series of factors and has series of negative effects on the incarcerated person, prison management and the society in general. This has posed serious challenges, to this end, a solution or series of solutions has to be contemplated to address the problems of overcrowding suitable to Nigeria context in view of the fact that causes of overcrowding differ from jurisdiction to jurisdiction.

The understated recommendations are suggested:

There should be accelerated trial368, remand orders and pre trail detention should not be the role369. But should be considered as a last possible option, pre-trial detention should be made subject to periodic review to prolong or release detainees to avoid detention in perpetuity. Bail condition should not be onerous but affordable with benefit of early release, unconditional release on self recognisance; plea bargain should be introduced in criminal trial especially on drugs, property and economic offences to attract compulsory compensation, forfeiture and restitution. This has the potential of empowering victims, reduces court workload and checkmate back logs of cases. Case file management steering committee be established with enormous mandate to ensure speedy trail.
An effective transfer mechanism of prisoners from congested metropolitan prisons to suburb facilities operating under capacity.370 Recommend the establishment of a task 368 Plan of Action for Ouagadougou Declaration on Accelerating Prison and Panel Reform in Africa ,18-20 (September, 2002) it was the action plan from the Ouagadougou Conference held in force on prisoners’ transfer with adequate funds, facilities, security and net work to establish family contact on new prison location to which the prisoner is being transferred.
Non custodial sentences should be ordered by magistrates and judges in cases of first offenders, juvenile and adult offenders with minor and non violent offences which do not constitute a threat to public safety. As alternative to imprisonment, sentences with option to pay fine, parole, probation, treatment facilities, house arrest and community service be order.371 There should be a mass public campaign team to sensitise the public that community services is as effective as imprisonment.
The criminal code should be review to effectively decriminalise offences that are moral in nature such as disrespect to parents, loitering, hawking. Prostitution, indecent dressing, drunkenness and drug addiction should not be subject to sanction of imprisonment but treatment in specialised institutions. This will indirectly address overcrowding.
Diversion strategy applying alternative to criminal prosecution. In such cases involving juvenile on minor case of non violent in nature, mental health and drug addiction to be settled without court proceedings but through reconciliations, conciliation and mediation group conference, counselling and alternative dispute resolution.
Rehabilitation of offender should be focus on individual special needs to discover what is responsible for his or her criminal behaviour, reform and reintegrate back to society. Punishment should not be the ultimate consideration for imprisonment. Concession should be given to victim rehabilitation and offender /victim reconciliation, the net effect is to prevent re-offending and stimulate forgiveness.

It is perhaps hope that if these recommendations are religiously implemented with a concerted endeavour of all the actors involved in the criminal justice system i.e. prisons, police, court, CSOs, NGOs, religious bodies and a strong political will by the government, prison congestion will be substantially reduced.