The Brutal Way Of Life Of Prisoners: The Plight Of The Ordinary Man -By Oluwaleye Adedoyin Grace

1.0 INTRODUCTION

Solomon Bawa, a young man in his late 20s left his house on a Monday morning to seek for his daily meal just like any responsible family man. At the mechanic shop, out of nowhere, a police man walked up to him and asked if he was one Sambo Bawa, he answered negatively. After about 4mins, another police man walked up to him to ask the same question and before he could say anything he was apprehended and taken to Masaka police station in Abuja. In the police custody, he was beaten, and tortured even to the extent of having his right hand paralyzed by a police officer whose name I won’t mention just for Mr. Solomon to attest to a crime he never committed. Without taking him to court, he was sent to four years living in hell in Lafia prison where the threat and torture continued, he finally gained his freedom on the 31st of August 2023 but he did not walk out of the prison with his right hand.

The state of prisons in Nigeria is a sad tale to be told. Most of them are like dungeons with inhuman conditions hardly tolerable even for condemned criminals. A prisoner is denied some rights as a result of the custodian judgment passed on him or her by a court of law. It is now a notion believed by an average Nigerian that a prisoner has no right. A prisoner in custody is specifically subjected to restraint of movement and some other rights and can, therefore, not have total assurance of enjoyment of the freedom of movement and personal liberty under the constitution. It is also important to note that while there are hardened criminals, there are also the innocent ones who are there for a reason they do not know. However, this article appraises the gross treatment faced by the prisoners as an ordinary man living in Nigeria.

2.0 A BRIEF INSIGHT TO THE RIGHTS AND VIOLATED RIGHT OF PRISONERS

Section 19 of the Prisons Act defines a “prisoner” as any person lawfully committed to custody.[i] By this definition, it means a prisoner is any person that is lawfully confined in a prison. The prison population in Nigeria is described here as a “mixed grill” of adult males and females, young persons, old, criminal and civil lunatics, pregnant women, debtors, detainees, first time offenders etc

Rights are very fundamental to human existence. It is meant to be enjoyed by every citizen and therefore should not be deprived except in circumstances provided for by the law. Let’s go down in history; before the 1960s, in the United States, a prisoner was seen not only to have forfeited his liberty as a result of crime, but also all his personal rights except those that the law of humanity accords to him; and a prisoner was thus regarded as a slave of the State.[ii] It was in the 1960s and 1970s that the court began to extend constitutional protection to prisoners.[iii]

Courts may confine offenders to prison terms, which ordinarily deprive them of certain freedoms that should be enjoyed if not for the order or pronouncement of the court. It is important to note that while the correctional center is reforming prisoners and sending them back into the society as better citizens, there are some fundamental rights that should be enjoyed by prisoners which are recognized by the constitution, local and international laws. However, it is sad that while these rights are in place, the prison officials and administrators truncate many of these prisoners’ rights.

Nevertheless, it is important to make reference to the Nigerian Court of Appeal held per Uwaifo, JCA in the case of Peter Nemi v Attorney General of Lagos State and Ors[iv] he stated that prisoners still have their rights intact, except those deprived by law. He stated further that even a condemned criminal awaiting execution still maintains his rights until properly executed by the due process of law.

A prisoner, just as any other Nigerian, is ordinarily entitled to the fundamental rights entrenched under chapter IV of the Constitution. However, these rights can be taken away in accordance with the exceptions in the constitution. For example, the right to life as enshrined in section 33 of the constitution can be deprived in agreement that no one shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.[v]

Let’s talk about section 42 which laid emphases on the right to freedom from discrimination which has mostly been override in the Nigeria legal system. We live in a society where this right has been overlooked where the poor man will be arrested in place of the rich man’s son  because of bribe, connection and affluence. Where bail that is meant to be free is given with a high amount of money which mostly cannot be afforded by the poor man. We understand the crime is punishable by the law but let it be clear that what is sauce for the goose is also sauce for the gander. Gone are the days where we all believed in equality but in our world today, equality is a different ball game for  the upper class and the ones under the bridge but wait o, how napoleon take enter the country take give the upper class a different dimension of equality?

Quick reference to Mike Ikpeme, a public affairs analyst, he said that Nigerians are not enjoying freedom again. He expressed the opinion that what is in place in Nigeria today is far from democracy which I wholeheartedly agree to.

2.1 CONDITIONS OF PERSON IN PRISON

What comes to the mind of the general public when discussing prison world-wide, is overcrowding. Prison overcrowding is one of the key contributing factors to poor prison conditions around the world. It undermines the ability of prison systems to meet basic human needs, such as healthcare, food, and accommodation. Overcrowding, as well as related problems such as lack of privacy, can also cause or exacerbate mental health problems, and increase rates of violence, self-harm and suicide. It was recorded in 2012 that with the 173 prisons of total capacity for 46,024 inmates audited in Nigeria by the Commission, it was shown that a total of 50,645 inmates were locked up in the prisons with the Awaiting Trial detainees far outnumbering the convicted prisoners, leading to congestion.[vi]

The issue of overcrowding has violated the right of prisoners as inherent human beings. They sleep in shifts on the floor not as human beings but as animals. This is contrary to the constitutional guarantee and the prisons Act which has given the prisoners the following rights:

(a) the right to life and integrity of the person;

(b) the right to be free from torture or other ill treatment;

(c) the right to health;

(d) the right to respect for human dignity;

(e) the right to due process of law;

(f) the right to freedom from discrimination of any kind;

(g) the right to freedom from slavery;

(h) the right to freedom of conscience and of thought;

(i) the right to freedom of religion;

(j) the right to respect for family life;

(k) the right to self-development;

Generally speaking, those who are put into prison in Nigeria are confined in a congested and dirty environment, with insufficient provision of food, inadequate hygiene, and lacking in basic amenities.[vii]  Also, some of the common problems in the prison facilities in Nigeria are that most of the prisons are old, poorly ventilated, congested and lack sleeping space, food, medical care and sanitary conditions.

The feeding system in the prison is nothing to write home about. It can be traced to the bad system and dishonest contractors who are sometimes in collaboration with the officials who are responsible for the feeding of the inmates; where prisoners are to take a meal of a thousand naira but they’re given a meal of two hundred naira per day. Therefore, it is not uncommon to find prisoners looking starved, while some have literally turned into a ‘walking dead’.

2.2 PLIGHT OF THE FEMALE PRISONERS

The plight of female prisoners in Nigeria is deplorable as most of them are exposed to other dangers, asides health issues. Majority of them are deprived of their freedom. Their situation is compounded by frequent sexual abuse and harassment in the hand of male warders[viii]. Also, because of the frequent harassment by male officers, some of them become pregnant and give birth while still being incarcerated. This is a situation that have further worsened their health problems in the form of insomnia, depression, trauma, and  illnesses[amongst others] [ix] In Nigeria, most of the toiletries used by inmates are provided by non-governmental and religious organization which is a problem for the female prisoners [especially the] nursing mothers or the pregnant women [x]

Let’s go down memory lane and remind ourselves the case of Ade Amaka, a 19year old lady sent from a village in the east to work as a maid for one Mrs. Sandra in Lagos state. She was alleged to have stolen some money from her madam and while awaiting trial, she was sexually abused by two of the police men several times; she also had her first child in the prison. She was eventually released after five years and three months.

Also, another malady faced by the female prisoners is lack of adequate facilities to accommodate women undergoing menstruation that are sometimes exposed to physical and psychological abuse from the prison guards or put in prison among men.[xi]

3.0 THE PLIGHT OF THE ORDINARY MAN AND THE CORRECTIONAL SYSTEM

The major mandate of the Nigeria Correctional Service is the safe custody of the legally interned and to ensure that inmates are reformed, rehabilitated and effectively reintegrated back into society but the Correctional Service, formerly known as the Nigerian Prison Service, is bedeviled with a plethora of problems, hampering its ability to reform inmates. Apart from prison congestion, there is also the problem of corruption or compromise among some officials.

Let’s take a look at the case of Success Ehimen, a 41 year old man who was convicted on November 7, 2016 for drug peddling and sentenced to five years imprisonment at the Kuje Medium Custodial Centre in Abuja. But on getting to the custodial centre, he found to his shock that Indian hemp was in circulation among the inmates.  He also made mentioned that there in the prison, he learnt that there are more hard drugs than the ones he used to know, and the illicit substance was being supplied to the inmates by some corrupt warders.

“What baffled me during my stay in the custodial centre was that the crime I was arrested and jailed for existed there. The drugs were available there. Some of the inmates smoke. It was in the custodial centre I knew that there were drugs harder than ‘Igbo’ (hemp). Some bad warders sell it to the inmates,’’ he stated.

It is a common thing to say most prisoners after serving their jail terms are returned back to the society as hardened criminal. It is very sad to say the fact that the prison service which has been renamed as the correctional centered has in no or little way acts as its name and what it is really meant for. How can 19 year old Chika who was alleged to have stolen a tuber of yam at Obada market be kept in the same prison with Abdul a chronic drug addict and a well known armed robber? How do you not think Chika will not learn from Abdul, even later become worse?

Well, amongst others, I’ll blame poor staff welfare for the rising cases of trafficking in the facilities. Some are still stagnated on one rank for years without promotion. Imagine a level seven officer for 10 years without promotion. How do you expect the officer to perform excellently without sourcing for another means of livelihood? Some officers are promoted without being paid their arrears while others are left for months without being paid. So tell me, how do you expect such officers to perform well? This has led many officers to bring prohibited items like Indian hemp, alcohol, etc. for the inmates.

Successive administrations in Nigeria have not been fair to the masses in the country either. When government revenue grows, it is only the privileged few that enjoy it. But when it is shrinking, the trouble of the poor masses increases as government finds reason to impose all sorts of taxes on them.

Even in the working class sector, it’s very easy to differentiate the rich man from the poor man. When both are apprehended for the same offence, for the poor man, he has committed rape but the rich man son, he has committed assault. Even when the ordinary man’s child starts to work to fend for himself and his siblings, it now seen as a ‘crime’. How did Bayo and Musa put in their life savings in a fish pond farm and were arrested on 13^th of July, 2019 while feeding their fishes. You won’t believe that both were alleged to have been yahoo boys even after seeing them on their fish farm in their ‘already been to hell clothes’. Without allowing them to speak to their lawyers or any of their family relatives, they were taken to the magistrate court, the court not listening to their side of the matter  immediately sentenced them to three months in prison. Tell me, when  was hard work or should I say hustle included as a crime under the constitution?

One Matthew John a motorcyclist recalled how he was unjustly arrested and incarcerated after he was held for alleged involvement in a fight which resulted in damage to a car. According to him, he went to drop a passenger in Badagry in Lagos state with his bike. On his way back, he was arrested alongside with four bike men because of a fight that broke out and during the process, a car windscreen was broken. He also added that he didn’t even know anything about the fight because he was just approaching the place when he was arrested. The summary of the story was that Mathew John spent 16 years in the maximum security prison in Lagos awaiting trial.

Also, Johnson Eze, a young man in his twenties, who was wrongly accused by the Nigerian Police Force for conspiring with one of their officers. He explained how he was sent to Kuje Medium Custodial Centre in 2005 and was discharged and acquitted on May 2, 2019, awaiting trial.

It is sadden that a large number of prisoners are innocent without knowing why they are there. The situation of my country is nothing to write home about. They tell us to go school because we are the leaders of tomorrow, whereas the supposed leaders of today are still fighting to retain the power seat either for themselves of for their children. No wonder most of us are in school to have our education and someday leave the country, or should I say ‘japa’? pardon me, we are just the ‘ monster’ they made.  Even the economy says it all. Why do I feel they want to eradicate  the poor so the country will only be filled with the rich, and please, let the poor breathe, don’t suffocate them; even the average man dey sit with half buttocks for the economy. They don forget say at the end of the day, today’s news paper na tomorrow suya wrap.

4.0 CONCLUSION

Reference to Mike Ikpeme, he said “On no account will I agree with you that the correctional service is a correctional ground. In fact, I do not understand why the name was changed. I wholeheartedly agree with him. In developed countries like Norway, prisoners are taken care of with good meals and in a good environment which is in contrast with the case of my beloved country where prison officials are involved in various unprofessional conducts, including trafficking hard drugs, extortion and other illicit activities that were antithetical to the reformation of offenders.

The criminal justice system in Nigeria is riddled with corruption, delays in justice dispensation, and sometimes denials of justice. Access to justice is still denied to a good number of people, especially the poor. In his influential paper on “Crime and Crime Control in Nigeria, [xii] Odekunle, noted that the current criminal justice system cannot control crime because it is designed to punish the poor and the underprivileged members of the society. He also, argued that the privileged break the laws and get away with them because they are connected to those in power who can easily come to their rescue while the poor is left to rot in jail. It would be right to say that the present condition of Nigeria embodies hell.

I strongly advice we look back and remember that the struggle for a better Nigeria does not end with protests or elections; it requires continuous engagement and active participation from every citizen. Only then can we truly hope for a brighter future, free from the shackles of economic and political turmoil.

Rich man pikin go think say this writeup na ordinary fiction. Moreover, Person wey don chop belle full, no no wetin hungry man dey see. At the end of the day akara and moi moi get the same parent, na wetin dem pass through make dem different.  Well, welcome to everyday life of what the ordinary man dey face for my beloved country.

Oluwaleye Adedoyin Grace writes from the faculty of law Ahmadu Bello University, Zaria, Kaduna State.

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[i] Prisons Act Cap. P29, Laws of the Federation of Nigeria (LFN), 2004.

[ii] This approach was referred to as “hands-off doctrine” protecting the state and prisons officials from judicial condemnation. See Gary Rock (2009) “Prisoner’s Rights Handbook 1” (Angus Love ed. Pa Institutional Law Project).

[iii] See Wolff v. McDonnell, 418 U.S. 539, 555 (1974).

[iv] (1996) 6 NWLR (Pt 452), 42.

[v] ibid Section 33(1).

[vi]  See the National Human Rights Commission Nigeria Report of Prison Audit, 2012.

[vii] See the Executive Summary of 2012 Prison Audit by the National Human Rights Commission and Other Stakeholders. See also Sabella Abide “Prisons and Human Rights Abuses in Nigeria”, Punch, 26 March 2014, available at

[viii] Durosaro, I. A. (2002). Counselling needs of female prisoners in Nigeria. The Nigerian Journal of Guidance and Counselling, 8(1), 154-161.

[ix] Ramsbotham, D. (2004). The shocking state of Britain’s prisons and the need for visionary change. London: Free Press.

[x] Hassan, F. (2010). Agony of Nigerian prison inmates. Retrieved August 06, 2014, from www.nigeriabestforum.com/blog//p=33899

[xi] Jeremy Sarkin (n 33) 13-14.

[xii] Odekunle, F. (1981). Crime and Crime Control in Nigeria. Paper Presented at the Seminar on Dimension of Social Problems in Nigeria, National Institute of Policy and Strategic Studies, Kuru, Nigeria, November, 24-27, 1981.