Rights of Detainees and Prisoners Under Nigerian Law

Rights of Detainees and Prisoners Under Nigerian Law: A Comprehensive Examination

Nigeria, as a democratic nation and a signatory to various international human rights instruments, has a legal framework designed to protect the fundamental rights of all individuals, including those who are detained or incarcerated. While the deprivation of liberty is an inherent consequence of detention and imprisonment, it does not extinguish an individual’s basic human rights. This extensive blog post will delve into the multifaceted rights of detainees and prisoners under Nigerian law, drawing from constitutional provisions, statutory enactments, and judicial pronouncements, while also acknowledging the persistent challenges in their full realization.

Introduction: The Foundation of Rights

The concept of rights is fundamental to any just society. These rights can be innate, flowing from one’s humanity, or they can be derived from the operation of law. In Nigeria, both aspects are crucial. The 1999 Constitution of the Federal Republic of Nigeria (as amended) stands as the supreme law of the land, guaranteeing a range of fundamental human rights in Chapter IV. Furthermore, Nigeria’s commitment to international human rights norms, such as the African Charter on Human and Peoples’ Rights, further reinforces these protections.

Historically, the treatment of prisoners in many jurisdictions, including Nigeria, has often been characterized by a “hands-off doctrine,” where incarcerated individuals were seen to have forfeited almost all their rights. However, a progressive shift in legal philosophy now views imprisonment as a punishment of liberty, not for the wholesale deprivation of all human dignity and rights. The focus is increasingly on reformation, rehabilitation, and reintegration, necessitating a humane approach to those in custody.

Despite this progressive legal framework, the reality on the ground often presents a stark contrast. Reports from various human rights organizations and legal bodies consistently highlight issues of overcrowding, poor sanitation, inadequate medical care, and a general disregard for due process within Nigeria’s detention facilities and correctional centers. This blog post aims to shed light on the legal provisions, identify the gaps, and emphasize the imperative for full compliance.

I. Rights of Detainees: Safeguarding Liberty Before Conviction

A detainee is an individual whose liberty has been restricted by law enforcement agencies, typically on suspicion of having committed a crime, but who has not yet been convicted by a court of law. The Nigerian legal system presumes the innocence of a detainee until proven guilty, and as such, specific rights are accorded to them to ensure fair treatment and prevent abuse of power.

A. Right to Personal Liberty (Section 35 of the 1999 Constitution):

This is the cornerstone of a detainee’s rights. Section 35(1) of the Constitution unequivocally states that “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law.” The permissible circumstances for deprivation of liberty include:

• In execution of a court sentence or order.
• For failure to comply with a court order or to fulfill a legal obligation.
• For the purpose of bringing the person before a court on reasonable suspicion of having committed a criminal offense, or to prevent the commission of an offense.
• In the case of minors, for their education or welfare.
• For persons suffering from infectious diseases, mental illness, drug addiction, or vagrancy, for their care, treatment, or public protection.
• To prevent unlawful entry into Nigeria or to effect lawful removal (expulsion, extradition).

Crucially, any deprivation of liberty outside these specified circumstances, or without adherence to due process, constitutes an unlawful arrest and detention.

B. Right to Be Informed of the Reason for Arrest and Detention (Section 35(3)):

A detainee has the right to be informed, in writing and in a language they understand, of the facts and grounds for their arrest or detention within 24 hours. This ensures transparency and allows the detainee (and their legal counsel) to understand the basis of their confinement and prepare a defense. The absence of such information renders the arrest unlawful.

C. Right to Remain Silent and to Legal Representation (Section 35(2)):

This is a critical safeguard against self-incrimination. A detainee has the right to remain silent and to avoid answering any question until after consultation with a legal practitioner or any person of their choice (e.g., a relative or spouse). This right is often violated in practice, with detainees being coerced or threatened into making statements without legal advice. Any statement obtained in violation of this right should, in theory, be inadmissible in court.

D. Right to Be Brought Before a Court Within a Reasonable Time (Section 35(4) & (5)):

The Constitution mandates that a detainee brought into custody on suspicion of a criminal offense must be brought before a court of law within a “reasonable time.” What constitutes “reasonable time” is further defined:

• If a court of competent jurisdiction is within a 40-kilometer radius, “reasonable time” means one day.
• In any other case, it means two days or such longer period as the court deems reasonable.

If a person in custody (or not entitled to bail) is not tried within two months from the date of arrest or detention, or if a person released on bail is not tried within three months from the date of arrest or detention, they shall be released, either unconditionally or on conditions reasonably necessary to ensure their appearance for trial. This provision aims to prevent prolonged pre-trial detention, a rampant issue in Nigeria’s criminal justice system.

E. Right to Bail:

The Administration of Criminal Justice Act (ACJA) 2015 significantly strengthens bail rights. The general principle in Nigerian law is that all offenses are bailable, with the exception of capital offenses (those punishable by death). Even in capital offenses, bail can be granted under exceptional circumstances by a High Court judge.

The granting of bail is discretionary, but this discretion must be exercised “judicially and judiciously,” taking into account the fundamental right to freedom. A judge may refuse bail if there is a reasonable belief that the accused may:

• Commit another offense.
• Not return for trial.
• Interfere with the investigation (e.g., by influencing witnesses or tampering with evidence).

Importantly, bail is legally free, except for any cash deposits ordered by the court. The practice of police demanding money for bail is illegal and a violation of a detainee’s rights. The ACJA also introduced provisions for police bail, requiring police to release suspects on bail if they cannot be brought to court within the prescribed time limits, especially for non-capital offenses.

F. Humane Treatment and Dignity (Section 34 of the 1999 Constitution and ACJA 2015):

Section 34 of the Constitution guarantees the right to dignity of the human person, prohibiting torture, inhuman, and degrading treatment. The ACJA 2015 reiterates this, stating that every suspect shall be accorded humane and dignified treatment while in custody, and no suspect shall be subjected to any form of torture, cruel, inhumane, or degrading treatment. This explicitly prohibits police brutality, beatings, and other forms of abuse often perpetrated against detainees.

G. Right to Challenge Unlawful Arrest and Detention:

Victims of unlawful arrest and detention have legal recourse. They can:

• File a Fundamental Rights Enforcement Suit: Under Section 46 of the 1999 Constitution, individuals can approach the High Court to enforce their fundamental rights.
• Seek Compensation and Public Apology: The law provides for compensation and a public apology from the appropriate authority or person responsible for the unlawful detention.
• Sue for Malicious Prosecution: If the unlawful detention leads to a prosecution initiated with malice and without reasonable cause, the aggrieved person can sue for malicious prosecution.

II. Rights of Prisoners: Beyond the Loss of Liberty

Once a person is convicted and sentenced to imprisonment, they become a “prisoner.” While their personal liberty is curtailed, they do not lose all their fundamental human rights. The Nigerian Correctional Service Act 2019 (which repealed the Prisons Act) and the 1999 Constitution, along with international standards, outline the rights that must be upheld for prisoners. The philosophy of modern imprisonment emphasizes reformation, rehabilitation, and reintegration, which cannot be achieved in an environment devoid of basic human dignity.

A. Right to Life and Dignity of Human Person (Sections 33 & 34 of the 1999 Constitution):

Even condemned criminals retain their right to life until their sentence is lawfully executed. Similarly, the right to dignity of the human person applies equally to prisoners. This means prisoners should not be subjected to torture, cruel, inhuman, or degrading treatment or punishment. This encompasses the physical and mental well-being of inmates.

B. Right to Adequate Living Conditions:

The Nigerian Correctional Service Act 2019 and international human rights standards (such as the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules) stipulate standards for prison conditions. These include:

• Adequate Accommodation: Sleeping accommodation should meet all health requirements, with consideration for adequate floor space, water and sanitation amenities, lighting, and ventilation. Overcrowding, a pervasive problem in Nigerian correctional facilities, directly violates this right and leads to numerous health and social issues.
• Suitable Bedding: Every prisoner should be provided with suitable bedding.
• Food and Water: Prisoners have the right to adequate and wholesome food and clean drinking water.
• Medical and Health Care: Prisoners are entitled to medical attention and healthcare. The medical officer is responsible for regularly inspecting the sanitary conditions of the prison and the health of the prisoners. Sick prisoners should be removed to a hospital if necessary. This right is often severely compromised in Nigerian prisons due to lack of facilities, personnel, and essential medicines.
• Hygiene and Sanitation: Adequate toilet facilities and hygienic conditions must be maintained.
• Clothing: Prisoners should be provided with suitable clothing.

C. Right to Separation of Prisoners:

The law mandates the separation of different classes of prisoners:

• Male and Female Prisoners: Must be confined in separate parts of the prison.
• Untried and Convicted Prisoners: Should be kept apart as far as prison accommodation renders it practicable. This distinction is crucial as awaiting-trial detainees are presumed innocent, while convicted prisoners are serving sentences. The current reality of mixing these groups contributes significantly to overcrowding and other problems.
• Minors and Adults: Where practicable, young offenders should be kept separate from adult prisoners.

D. Right to Communication and Visits:

Prisoners have the right to maintain contact with the outside world:

• Correspondence: They are generally allowed to write and receive letters, though these may be inspected by the prison superintendent for security reasons.
• Visits: Prisoners have the right to receive visits from friends and family, although these are regulated by law and typically occur in the presence of a prison officer. Soon after admission, a prisoner should be allowed to inform relatives of their whereabouts. Prisoners charged with capital offenses are specifically allowed reasonable opportunities daily to communicate with their friends or legal advisers.
• Access to Legal Advisers: This is a paramount right. Prisoners, whether awaiting trial or convicted, have the right to access legal representation of their choice. Where they cannot afford it, access to free legal representation should be provided (e.g., through legal aid schemes or pro bono services from NGOs). This right enables them to pursue appeals, enforce their fundamental rights, and prepare for their defense.

E. Right to Appeal:

A prisoner has the right to appeal against their conviction and sentence within a specified duration (typically 30 days from the date of sentence). This is a crucial aspect of due process, allowing for review of potential judicial errors.

F. Right to Exercise and Outdoor Activities:

Prisoners should be allowed to exercise daily. Those not employed in the open air should have the means of taking such exercise in the open air as deemed necessary for their health by the medical officer. Condemned convicts should also be exercised under guard for an hour daily.

G. Right to Religious Freedom:

The practice of one’s religion should be guaranteed for prisoners. They should have access to religious ministers and be allowed to observe religious rites and practices, provided it does not compromise prison security or order.

H. Right to Training and Rehabilitation:

The Nigerian Correctional Service Act 2019 emphasizes the importance of reformation and rehabilitation. On admission, each convicted prisoner should appear before a Reception Board to determine a suitable area for training as a way of rehabilitation. This aims to equip prisoners with skills for successful reintegration into society upon release.

I. Right to Safe Custody of Personal Property:

Prisoners’ cash and valuable items should be taken charge of by the superintendent, and an inventory made in the Prisons’ register to ensure their safe keeping.

J. Special Provisions for Mothers and Children:

Children less than 18 months old or still breastfeeding may be admitted into prison with their mothers. However, concerns persist regarding the adequacy of care and amenities for such children within the prison environment.

K. Right Not to Be Employed on Certain Designated Days:

No prisoner should be employed at hard labor on a Sunday, Christmas Day, or Good Friday, unless it is in the interest of public health or government service, and even then, no prisoner should be employed on two successive Sundays unless of their own volition.

III. Legal and Institutional Frameworks Supporting Rights

Beyond the Constitution, several key legislations and institutions contribute to the protection of detainees’ and prisoners’ rights:

A. The Administration of Criminal Justice Act (ACJA) 2015:

The ACJA 2015 is a landmark legislation that introduced significant reforms aimed at promoting efficient management of criminal justice institutions, speeding up trials, and protecting human rights. Key provisions relevant to detainees and prisoners include:

• Improved Bail Provisions: As discussed, the ACJA strengthens the right to bail and discourages arbitrary denial.
• Recording of Suspect Statements: It mandates that confessional statements be recorded electronically or in the presence of a legal practitioner or legal aid provider, or a justice of the peace, to curb forced confessions and torture.
• Time Limits for Remand: It introduces clearer time limits for remand in custody, encouraging swifter prosecution or release.
• Non-Custodial Sentences: The Act promotes non-custodial sentences such as probation, community service, and parole, aiming to reduce prison overcrowding.
• Prohibition of Arrest in Lieu: It expressly prohibits the arrest of individuals in place of a suspect.

B. The Nigerian Correctional Service Act 2019:

This Act replaced the outdated Prisons Act, signifying a shift in focus from mere incarceration to correctional services that include reformation, rehabilitation, and reintegration of offenders. It emphasizes compliance with international human rights standards and good correctional practices. It provides for:

• Custodial Service: Deals with the administration of correctional centers.
• Non-Custodial Service: Focuses on measures like parole, probation, and community service.
• Inmates safety and humane custody.
• Reformation, rehabilitation, and reintegration programs.

C. The Police Act 2020:

This Act also contains provisions that reinforce the rights of arrested persons, aligning with constitutional safeguards. It prohibits arbitrary arrests and emphasizes humane treatment.

D. National Human Rights Commission (NHRC):

The NHRC is an independent statutory body established to promote, protect, and enforce human rights in Nigeria. It receives complaints of human rights violations, investigates them, and provides redress. It can also intervene in cases of unlawful detention and ill-treatment of detainees and prisoners.

E. Legal Aid Council of Nigeria (LACON):

LACON provides legal aid services to indigent Nigerians, including those in detention and prison, who cannot afford legal representation. This is crucial for ensuring access to justice, especially for vulnerable populations.

F. Non-Governmental Organizations (NGOs) and Civil Society Organizations (CSOs):

Many NGOs and CSOs play a vital role in monitoring human rights in detention facilities and prisons, providing pro bono legal services, advocating for reforms, and documenting abuses.

IV. Challenges to the Realization of Rights

Despite the robust legal framework, the practical realization of these rights in Nigeria faces significant challenges:

A. Overcrowding:

This is arguably the most pervasive problem. Nigerian correctional centers are severely overcrowded, often holding more than double their intended capacity. This leads to:

• Poor Sanitation and Health: Overcrowding exacerbates poor ventilation, lack of clean water, inadequate toilet facilities, and the rapid spread of diseases like tuberculosis.
• Inadequate Food and Medical Care: The sheer number of inmates strains resources, leading to insufficient food rations and limited access to healthcare.
• Increased Tensions and Violence: Overcrowding creates a volatile environment, increasing instances of violence among inmates and between inmates and staff.
• Difficulty in Separation: The overcrowding makes it virtually impossible to effectively separate awaiting-trial detainees from convicted prisoners, and juveniles from adults.

B. Prolonged Pre-Trial Detention (Awaiting Trial Persons – ATPs):

A significant majority of inmates in Nigerian correctional facilities are awaiting trial, some for years, exceeding the constitutional limits. Factors contributing to this include:

• Slow Pace of Justice: Inefficient court processes, frequent adjournments, and lack of adequate judicial resources.
• Inadequate Legal Representation: Many detainees cannot afford lawyers, and legal aid services are often overstretched.
• Abuse of Remand Orders: Magistrates sometimes issue remand orders without proper review or justification.
• Lack of Collaboration: Poor coordination between the police, prosecution, and judiciary.

C. Corruption and Extortion:

Corruption within the law enforcement and correctional systems is a major impediment. Detainees are often coerced into paying bribes for bail, better treatment, or even to avoid torture.

D. Inadequate Funding and Infrastructure:

The correctional service is severely underfunded, leading to dilapidated facilities, insufficient staff, and a lack of modern equipment and training.

E. Insufficient Training and Awareness:

Many law enforcement and correctional officers lack adequate training on human rights principles and the specific rights of detainees and prisoners. There’s also a general lack of public awareness regarding these rights, making it difficult for citizens to assert them.

F. Impunity:

Violations of rights by state actors often go unpunished, fostering a culture of impunity and perpetuating abuses.

G. Limited Access to Justice:

Despite legal provisions, practical barriers exist to accessing courts, especially for indigent detainees and prisoners. These include transportation challenges, security concerns, and bureaucratic hurdles.

V. Recommendations for Progressive Realization and Protection

To ensure the full realization and protection of the rights of detainees and prisoners in Nigeria, a multi-pronged approach is necessary:

A. Decongestion of Correctional Facilities:

• Strict Adherence to Bail Provisions: Judges and magistrates must rigorously apply the bail principles, granting bail liberally, especially for minor offenses.
• Expedited Trials for ATPs: The judiciary must prioritize and fast-track cases involving awaiting-trial persons, utilizing mechanisms like plea bargaining and alternative dispute resolution where appropriate.
• Effective Implementation of Non-Custodial Measures: The non-custodial provisions of the ACJA 2015 must be fully implemented, including probation, community service, and parole, to reduce reliance on incarceration.
• Regular Jail Deliveries: Chief Judges should conduct regular jail deliveries to review cases of prolonged detention and order the release of deserving inmates.

B. Enhanced Funding and Infrastructure Development:

• Increased Budgetary Allocation: The government must significantly increase funding for the Nigerian Correctional Service to improve infrastructure, provide adequate food and medical supplies, and procure necessary equipment.
• Construction of New Facilities: New, modern correctional facilities built to international standards are urgently needed to address overcrowding.
• Renovation of Existing Facilities: Extensive renovation and upgrading of existing prisons are essential to meet basic human dignity standards.

C. Comprehensive Training and Capacity Building:

• Human Rights Training: Continuous and mandatory human rights training for all law enforcement officers (police, EFCC, DSS) and correctional officers, emphasizing humane treatment, due process, and the rights of vulnerable groups.
• Professionalism and Accountability: Instilling a culture of professionalism and accountability within these agencies.

D. Strengthening Legal Aid and Access to Justice:

• Increased Funding for Legal Aid Council: LACON needs substantially more funding and resources to expand its reach and provide effective legal representation to more indigent detainees and prisoners.
• Collaboration with NGOs/CSOs: Greater collaboration and support for pro bono initiatives by human rights organizations and legal clinics.
• Public Awareness Campaigns: Educating the public about their rights upon arrest and detention, and how to access legal assistance.

E. Robust Oversight and Accountability Mechanisms:

• Independent Monitoring: Empowering and funding independent bodies like the National Human Rights Commission to conduct regular, unannounced inspections of detention facilities and prisons.
• Prompt Investigation of Allegations: Ensuring prompt, impartial, and thorough investigation of all allegations of human rights violations by law enforcement and correctional officers, with appropriate sanctions for offenders.
• Judicial Activism: The judiciary must continue to play a proactive role in enforcing fundamental rights and holding state actors accountable for abuses.

F. Data Collection and Management:

• Accurate Data: Implementing robust systems for collecting and analyzing data on inmate populations, pre-trial detention periods, health statistics, and reported abuses. This data is crucial for evidence-based policymaking and identifying areas for intervention.

G. Review of Outdated Laws and Practices:

• Harmonization of Laws: Ensuring all relevant laws are consistent with the Constitution and international human rights standards.
• Abolition of Arrest in Lieu: Though prohibited by law, ensuring its effective enforcement.

H. Focus on Rehabilitation and Reintegration:

• Vocational Training and Education: Investing in meaningful vocational training and educational programs within correctional centers to equip prisoners with skills for reintegration.
• Psychosocial Support: Providing psychological counseling and support to address underlying issues and prepare inmates for life after release.
• Post-Release Programs: Developing and funding programs that assist ex-offenders in finding employment, housing, and social support to reduce recidivism.

Conclusion: A Call for Justice and Dignity

The rights of detainees and prisoners under Nigerian law are not mere theoretical constructs; they are fundamental principles enshrined in the Constitution and various statutes, reflecting Nigeria’s commitment to human dignity and justice. While the legal framework is largely progressive, the persistent gap between legal provisions and practical realities is a grave concern. Overcrowding, prolonged pre-trial detention, inadequate facilities, and human rights abuses remain significant challenges.

The journey towards full compliance requires sustained political will, increased budgetary allocation, robust institutional reforms, and a fundamental shift in attitude towards those in custody. Treating detainees and prisoners with dignity and upholding their rights is not just a matter of legal obligation; it is a moral imperative and a crucial investment in a safer, more just, and more humane society. By upholding these rights, Nigeria can strengthen its democratic foundations, enhance public trust in its justice system, and truly embody the principles of the rule of law.