Review Plan to Pay N500m Fine for Inmates, Falana Advises Tunji-Ojo

•Advocates pardon on humanitarian grounds

Wale Igbintade

Foremost human rights lawyer, Mr. Femi Falana, SAN, has called on the Minister of Interior, Olubunmi Tunji-Ojo, to review his plan to pay N500 million fines of 4,000 prison inmates currently in custodial centres across the country as a means of decongesting Nigeria’s overcrowded correctional facilities.

In a statement, yesterday, Falana commended the minister for the initiative but suggested that the N500 million  earmarked for payment of fines should be spent on the welfare of inmates while alternative decongestion policies are considered

Alternatively, Falana urged the Minister to request for presidential and gubernatorial pardons on humanitarian grounds for the 4,000 affected inmates unable to pay their fines.

This, he said would secure their immediate release.

Falana noted that a similar COVID-19 decongestion effort ordered by President Muhammadu Buhari in 2020 had released over 7,800 inmates through amnesty.

He urged the minister to solicit the assistance of the Chief Justice of Nigeria and Chief Judges nationwide to exercise their legal authority and order the release of detainees held unlawfully beyond the maximum sentences for their alleged crimes.

“The Minister of Interior, Honourable Olubunmi Tunji-Ojo has announced his immediate plan to decongest the correctional centres in the country by ensuring the payment of the fines imposed on not less than 4,000 convicts by various courts in the 36 states of the Federation and the Federal Capital Territory.

“Having concluded the arrangement, the Minister disclosed that the total fines of N500 million would be paid within the next four weeks. While the Interior Minister deserves commendation for the initiative, we are compelled to call for a review of the plan.

“The N500 million  earmarked for payment of fines should be spent on the welfare of inmates in the correctional centres while alternative decongestion policies are considered.

“Specifically, the Minister should request the President and the various state Governors to exercise their prerogative of mercy by granting  pardon to the 4,000 convicts on grounds of impecuniosity to facilitate their immediate release from custody.

“The Minister may also wish to request the Chief Justice of Nigeria and Chief Judges of all the States and the Federal Capital Territory to visit the correctional centres and exercise their powers under the Criminal Justice (Release from Custody) (Special Provisions) Act by ordering the release of all inmates whose detention is either manifestly unlawful; or who have  been in custody, whether on remand or otherwise, for periods longer than the maximum period of imprisonment which they could have served had they been convicted of the offences in respect of which they are detained.

“However, it is pertinent to draw the attention of the Interior Minister to the plight of the scores of inmates, who are languishing in the Ikoyi Correctional Centre as their case files were destroyed when the Magistrate Court and High Court buildings were burnt during the #endsars protests in October 2020.

“As the nation marks the third year anniversary of the #endsars protests, we urge the Interior Minister to ensure the immediate release of such inmates since the State can no longer prosecute them as their cases have been burnt.”