Awaiting trial inmates: HURILAWS drags AGF, Prison boss, others to court
A Non-Governmental Organisation, The Human Rights Law Service (HURILAWS), has filed a fundamental rights class action on behalf of all Awaiting Trial Persons in Nigerian Prisons.
Joined in the suit as respondents are the Attorney General of the Federation, the Administration of Justice Commission, the Administration of Justice Monitoring Committee and the Comptroller-General of Prisons.
The suit is asking the court for an order declaring that the condition of Awaiting Trial Persons in Nigerian Prisons violates their Fundamental Rights to dignity of human person, personal liberty and fair hearing guaranteed by Sections 34, 35 & 36 (2), (4) and (6) (c) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
Specifically, HURILAWS is asking the court for an order declaring that the condition of Nigerian prisons is not proper for human habitation and therefore violates the Fundamental Rights of Awaiting Trial Persons to dignity of human person guaranteed by Section 34 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
Besides, the organisation is seeking an order from the court declaring that the long detention of Awaiting Trial Persons in Nigerian prisons violates the Fundamental rights of Awaiting Trial Persons to personal liberty guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended;
It is also asking the court for an order declaring that the delayed trial of Awaiting Trial persons violates the Fundamental rights of Awaiting Trial Persons to fair hearing guaranteed by 36 (2), (4) and (6) (c) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
HURILAWS asked the court for an order declaring that the 2nd and 3rd Respondents have failed to discharge their duties under Sections 470 of Administration of Criminal Justice Act 2015, particularly ensuring that criminal matters are speedily dealt with, congestion of criminal cases in Courts is drastically reduced, congestion in prisons is reduced to the barest minimum and Persons Awaiting Trial are, as far as possible, not detained in prison custody and as a result the Fundamental Rights to dignity of human person, personal liberty and fair hearing of Persons Awaiting Trial are being violated.
It therefore asked the same court for an order enforcing the Fundamental Rights to dignity of human person, personal liberty and fair hearing of Awaiting Trial Persons in Nigerian Prisons by directing the Respondents to discharge their functions as stipulated by Sections 470 of Administration of Criminal Justice Act 2015 by ensuring that the criminal matters are speedily dealt with, congestion of criminal cases in courts is drastically reduced, congestion in prisons is reduced to the barest minimum and persons awaiting trial are, as far as possible, not detained in prison custody.
The case has not been assigned to any judge and no date has been fixed for mention.
HURILAWS averred that the respondents, particularly the Administration of Justice Commission and Administration of Justice Monitoring Committee are statutorily created to supervise administration of justice in Nigeria by ensuring that criminal matters are speedily dealt with, congestion of criminal cases in courts is drastically reduced, congestion in prisons is reduced to the barest minimum and Persons Awaiting Trial are, as far as possible, not detained in prison custody.
It also said the respondents have failed to properly discharge this statutory function, adding that criminal trials are often stalled due to unavailability of Prosecution Witnesses; Investigating Police Officers (IPOs); missing Case Files; Unavailability of DPP Advice, etc.
“The result is that at March 6, 2017, the total inmates’ population stands at 63, 259. Out of this number, 46,351 are Awaiting Trial Persons and the remaining 21,903 are convicted”. In terms of percentage, the convicted is 32% while Awaiting Trial Persons are 68%, HURLAWS noted.
Furthermore, the organisation said the recently released National Human Rights Commission 2012 Prison Audit report indicate that a total of 18,657 persons had spent three months and above awaiting trial in prisons across the country, with the following zonal breakdown: 1,150 detainees had spent 3 months and above awaiting trial in the various prisons across the North East with Bauchi holding 313, while in the South East they were 4,296 out of which 1380 were in Owerri prison.
Similarly, they were 2,929 in the South West, with 694 found in Agodi prison; 6,476 were in the South South of which 2,501 were in Port Harcourt prison. 2000 were found in the North West, with MSP Gushau having 404 and in the North Central, they were 1,806. Some of these detainees have spent over 16 years awaiting trial.
Although Awaiting trial persons are presumed innocent, they are detained in old and dilapidated prisons with poor sanitary conditions. The prison condition is harsh and life threatening, diseases are pervasive, there is inadequate medical and transport facilities, HURILAWS said.
