A Curious Case of Nigeria’s Prison Population

IN THE ARENA

Wale Igbintade writes that with only few prison inmates in Nigeria despite her alarming crime rate and huge population, it is evident that lawbreakers seldom go to jail in the country

The Minister of Interior, Olubunmi Tunji-Ojo, last week stirred the hornet’s nest when he revealed that a total 77,000 inmates are in Nigerian prisons in a country of over 200 million people with an alarming rate of crime. 

Speaking during a live television programme, Tunji-Ojo noted that 4,000 of them will soon regain their freedom as part of the ministry’s decongestion programme. 

“We have over 77,000 inmates in prisons across the country. More than 80 per cent of the inmates are state offenders. We are working with state governments to sort it out. We have set up a committee to look into this and I assure you we will come up with verifiable steps and release an action plan in due course,” he reportedly said.

Besides the minister’s new revelation, a recent update by the Nigerian Correctional Services (NCoS) that about 70 per cent of inmates in the prisons are awaiting trial had portrayed Nigeria as a country where people hardly go to jail despite the brazen lawlessness and atrocities being perpetrated across the country.

For instance, speaking recently at the quarterly meeting of the Penal Reform Media Network (PERMNET) in Lagos, the Controller General of the NCoS, Ja’afaru Ahmed, put the total number of inmates in prisons in the country at 72,384 with 48,527 of the figure awaiting trial.

He added that the awaiting trial inmates constitute about 70 per cent of the prison population.

Ja’afaru called for more collaboration among the three arms of the criminal justice system to enhance synergy so that when anybody is brought to prison as a awaiting trial inmate, the case would be determined as quickly as possible.

Giving a break-down of the prison population in states across the country recently, the National Bureau of Statistics (NBS) reported that Lagos State recorded the highest with 6,522 inmates, while Kano and Rivers recorded 4,082 and 4,054 respectively. Additionally, it said Lagos also recorded the highest number of awaiting trial inmates at 5,603 out of a prison population of 6,522. This was followed by Rivers and Edo states with 3,625 and 2,434 as awaiting trial inmates respectively for the period under review.

According to a report by the statistical agency on the number of awaiting trial inmates and overall prison population by states, Yobe and Borno states recorded the least numbers of awaiting trial detainees of 163 and 216 out of a prison population of 562 and 603, respectively.

The total number of awaiting trial inmates in the six geo-political zones was recorded as 45,158 inmates. The South-south region accounted for the highest number of unsentenced prisoners at 11, 073 inmates followed by the South-west, which recorded 10, 687 and the South-east at 7,946 inmates. Others are North-west which accounted for 7,050 un-sentenced detainees; North-central, 4,798 and North-east, 3,604 inmates.

NCoS’ figures were corroborated by the Centre for Crisis Communication (CCC) which in a report recently, disclosed that over 70 per cent of Nigerians in prison custody were awaiting trial, while inmates whose cases had been concluded and convicted for various offences accounted for 20 per cent. 

These astounding figures from NCoS prompted analysts to reach the common verdict that Nigeria’s prison population is largely disproportionate to its over 200 million population. Their submission is that if the country has a total of 72,384 inmates in prisons and 48,527 are awaiting trial, it means that only about 20,857 have actually been convicted by the courts as those awaiting trial cannot be considered convicted and could indeed be set free by the courts or via other means.

With a total of 240 holding facilities comprising maximum, and medium security prisons, satellite prisons, borstal institutions for juveniles, farm centres, open prison camps and female prisons being operated by the NPS, the country’s huge population figure coupled with the rather high incidence of corruption, murder, kidnapping, armed robbery, forgery, theft, financial fraud, and fake drugs manufacturers, it is obvious that the perpetrators of these acts are still roaming freely.

For instance, South Africa with a population of 56 million has a prison population of 162,000, and the United States with a population of 332 million, has a prison population of 1.5 million. While Brazil has a population of about 214 million people and 372,000 prison inmates, the United Kingdom has a population of 67 million and prison inmates figure of about 83,000.

 In 2015, the Administration of Criminal Justice Act was signed into law in Nigeria to improve the sector’s efficiency and prevent delays in the adjudicatory process. However, after eight years, there has been little to no improvement in the country’s justice system, and it seems the focus has primarily been on randomly apprehending individuals and sending them to jail through dubious court orders, rather than achieving the intended goals of the act. 

Between 2015 and now, over 14,000 people have been killed by herdsmen, cultists, kidnappers, trigger-happy law enforcers and others, yet no substantial arrests, prosecutions and successful convictions were recorded.

Also, from 2007 to date, security and anti-graft agencies in the country have arraigned no fewer than 60 high-profile public officers and personalities and yet no serious conviction has been secured against them.

Though there is no dearth of laws in the country, what many analysts believe is lacking ranges from diligent prosecution to the political will to move against powerful and influential people who contravene the law. 

Another damning finding, according to observers, is the quality of those in detention. Unlike in other countries where the law does not spare the rich and mighty, the same cannot be said of Nigeria where the wealthy and famous frequently compromise law enforcement officers and the judiciary to evade arrest, prosecution and conviction

This is why a public affairs analyst, Peter Ahonsi, said he did not find the figure surprising. “I was not surprised with the facts and figures you have presented so far. Why do you think this country is not making progress? The simple reason is that those who are supposed to be in prison are the ones either calling the shots or making decisions on our behalf. It is unfortunate. For as long as this continues, development will continue to elude us.”

While corroborating Ahonsi’s views, a Lagos-based lawyer, Ademola Kolawole, described Nigeria as a country of jokers. He said until influential persons such as ex-governors, ministers, and managing directors of big corporations are put in prison for various offences, the country will never develop.

“The figures do not surprise me. They are what I have always known. Nigeria is a country of jokers. People who should have been locked away are the ones ruling us. Have you ever seen any governor, minister, or bank MD (managing director) in jail in this country? Until this happens, nobody will sit up.”