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Lawyers in Niger, Nasarawa decry increased congestion in correctional centres, seek establishment of special courts

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November 12, 2023
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Lawyers in Niger, Nasarawa decry increased congestion in correctional centres, seek establishment of special courts

By :- Our Reporters

Lawyers in Niger and Nasarawa states have decried the increasing congestion in the nation’s correctional centres, urging for more facilities and effective measures to address the plight of inmates.

A Minna- based lawyer, Mr Ochai Ogaba, called for establishment of special courts, recruitment of more judges and magistrates, to decongest the centres across the country.

Ogaba and others expressed their position on Sunday in Minna, while speaking with the News Agency of Nigeria (NAN).

He said that the measure would ensure speedy dispensation of justice which would bring about decongesting the correctional facilities.

The lawyer said there was the need for the Federal Government to enact a law for minor offences, for bail purposes, while serious offences would be tried in the regular courts.

“If a motion is moved today in the court because of the workload before the judge/magistrate, he may not be able to give ruling on the matter same day.

“The case may be adjourned to the next one month, while the suspect will be remanded in the correctional centre.

“In some cases, you will find out that a judge/magistrate is overseeing three courts, so you will imagine the workload before him,” he said.

The lawyer decried a situation where a Magistrate without power tried a particular case and ordered the remand of a suspect involved in the case in the correctional centre.

Accordding to Ogaba, “It is alarming that such thing is still happening in Niger State under our law.

“If you don’t have the power to try a case, equally you don’t have the power to remand the suspect involved in the case.

“A good example of such case is an armed robbery case, the suspects are there languishing in the correctional centres.”

He said that poor funding of the police legal department and lack of qualified lawyers were impediments resulting in many awaiting trials, making the suspects to stay longer than necessary in the correctional facilities.

“The police legal department is supposed to be well funded with more qualified lawyers to ensure speedy prosecution of cases.

“In Niger state for instance, we have only one Officer Commanding (OC) Legal Department; it means that he is the only police lawyer overseeing the whole state,” he said.

Similarly, Mrs Safuratu Abdulkarim, Secretary, Federation of Women Lawyers (FIDA) in the state, also called for the establishment of special courts for offences.

Accordding to Abdulkarim, “a good example is the Sexual Offences Court”.

She explained that such courts would ensure speedy trial, where many inmates would not stay longer than necessary in correctional centres.

Also, sources at Medium Security Costordial Centre, Tunga in Minna, told NAN that hangmen in the facility and others across the country were idle, thereby leaving the centres congested.

“The hangmen are ready to render their services but for the political leaders who have refused to sign death sentences, resulting in the congestion of the correctional centres.

“We are doing our jobs in the correctional centres in the country but for our political leaders who refused to do what the law says,” he said.

The sources said that the best way to improve the facilities in terms of expansion was for the Federal Government to encourage states to establish more correctional centres.

They said part of reasons for overstretching and congestion was many inmates especially, the death row inmates, did not have the financial resources to appeal their cases.

Accordding to him, “other inmates face the same challenges resulting in the congestion of facilities”.

The Source said that although some NGOs came around to help some of them appeal their cases, such cases took long time to be concluded.

Similarly, a cross section of stakeholders in Nasarawa state in the justice sector have called for adoption of the principle of plea bargain to decongest custodial centres.

They said part of reasons for overstretching and congestion was many inmates especially, the death row inmates, did not have the financial resources to appeal their cases.

Accordding to him, “other inmates face the same challenges resulting in the congestion of facilities”.

The Source said that although some NGOs came around to help some of them appeal their cases, such cases took long time to be concluded.

Similarly, a cross section of stakeholders in Nasarawa state in the justice sector have called for adoption of the principle of plea bargain to decongest custodial centres.

They said that the six federal custodial facilities in the state were congested with awaiting trial inmates, most of who committed minor offences that they would have been flogged or asked to sweep places.

Mr Joseph Kigbu, Chairman, Nigerian Bar Association (NBA) Lafia Branch, said that custodial centres were congested by inmates not supposed to be detained.

He explained that people who committed simple offences, which flogging or manual labour would have served as punishment for their crimes, were detained.

He added that another set of inmates were convicts who could not afford to pay their fines and few ones that were convicted without option of fine.

“Deliberate efforts should be made to activate the plea bargain principle and make it simple and functional, to make minor offenders as well as minors who committed offences serve the appropriate punishments without being detained at the centres.

Similarly, Mr Ovey John, Lafia-based lawyer, said many factors were responsible for the congestion of the centres.

He explained that the criminal justice system had failed to adequately respond to the changes in the society, given the present realities.

He said most of the custodial facilities were built decades ago when the population of the country was less than what it was currently.

“Just like there is explosion in the population of the people in the country, there was also increase in the number of those commiting crimes.

“The government has failed to expand the accomodations at the various custodial centres to address the present realities,” he added.

He, therefore, said more accommodation be built or new centres be established in line with the present population of the country.

On his part, Mallam Inusa Adamu, Controller of Corrections in Nasarawa State, appealed to judges to adopt alternative dispute resolution, especially for persons accused of minor offences, to decongest the facilities.

He added that most of the centres in the state were already overstretched, carrying more than two times there original capacities.

The controller, therefore, promised to remain committed to protecting the society through provision of safe and humane custody for all inmates.(NAN)

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