The Human Rights Law Service (HURILAWS) has filed a fundamental rights
class action on behalf of all the 46,351 persons awaiting trial in Nigerian
Prisons.
class action on behalf of all the 46,351 persons awaiting trial in Nigerian
Prisons.
HURILAWS, in a statement, said “The suit
is against the Attorney
General of the Federation, the Administration of Justice Commission, the
Administration of Justice Monitoring Committee and the Comptroller-General of
Prisons.”
is against the Attorney
General of the Federation, the Administration of Justice Commission, the
Administration of Justice Monitoring Committee and the Comptroller-General of
Prisons.”
It also summarized the grounds of the application as follows;
1. 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.
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.
2 . The Respondents have failed to properly discharge this
statutory function. 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%.
statutory function. 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%.
3. 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 break down: 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 4296 out of which
1380 were in Owerri prison. Similarly, they were 2929 in the South West, with
694 found in Agodi prison; 6476 were in the South- South of which 2501 were in
Port Harcourt prison. 2000 were found in the North West, with MSP Gushau having
404 and in the North Central they were 1806. Some of these detainees have spent
over 16 years awaiting trial.
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 break down: 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 4296 out of which
1380 were in Owerri prison. Similarly, they were 2929 in the South West, with
694 found in Agodi prison; 6476 were in the South- South of which 2501 were in
Port Harcourt prison. 2000 were found in the North West, with MSP Gushau having
404 and in the North Central they were 1806. Some of these detainees have spent
over 16 years awaiting trial.
4. 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.
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 adds that the suit seeks the following reliefs:
(1) A Declaration that
the condition of Awaiting Trial Persons in Nigerian Prisons violates theirFundamental Rights to dignity of human
person, personal liberty and fair hearing guaranteed bySections 34, 35 & 36 (2), (4) and (6) (c) of the
Constitution of the Federal Republic of Nigeria 1999 as amended;
the condition of Awaiting Trial Persons in Nigerian Prisons violates theirFundamental Rights to dignity of human
person, personal liberty and fair hearing guaranteed bySections 34, 35 & 36 (2), (4) and (6) (c) of the
Constitution of the Federal Republic of Nigeria 1999 as amended;
(2) A Declaration 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;
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;
(3) A Declaration 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;
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;
(4) A Declaration 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;
the delayed trial of Awaiting Trial persons
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;
(5) A Declaration 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;
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;
(6) 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 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.
In its
summation, HURILAWS said that, “the essence of this suit is to get the Administration of Justice Commission and
Administration of Justice Monitoring Committee to discharge their statutory
function which is to supervise administration of justice in Nigeria by ensuring
that criminal matters are speedily dealt with, congestion of criminal cases in
Court drastically reduced, congestion in prisons reduced to the barest minimum,
and persons awaiting trial are, as far as possible, not detained in prison
custody, etc.”
summation, HURILAWS said that, “the essence of this suit is to get the Administration of Justice Commission and
Administration of Justice Monitoring Committee to discharge their statutory
function which is to supervise administration of justice in Nigeria by ensuring
that criminal matters are speedily dealt with, congestion of criminal cases in
Court drastically reduced, congestion in prisons reduced to the barest minimum,
and persons awaiting trial are, as far as possible, not detained in prison
custody, etc.”
