A police committee has uncovered how more than 300 inmates are languishing in Kurmawa Custodial Centre, Kano, without proper documentation of their cases. The inmates, some of whom have been in prison for over a decade, do not have access to legal representation.
The Police Duty Solicitors Scheme (PDSS) Advisory Committee, set up by the Inspector General of Police, Kayode Egbetokun, to investigate cases of human rights violations of people with criminal and civil cases, made the discovery on Wednesday, March 6, 2024, during one of its unscheduled visits to prisons, police formations, and juvenile homes.
The committee, headed by the Kano State Commissioner of Police, Muhammad Hussaini Gumel, said “We are here to see the condition of the inmates, especially those who are awaiting trial. We want to know why they are still in prison, what are the challenges they are facing, and how we can help them to get justice.”
Presenting some inmates who have been awaiting trial for years, an officer in the prison yard, who preferred anonymity, revealed that most of them have no case diary or even any criminal record before the prison.
“Some of them have no specific courts they would be charged to, and their cases have no records in the prison but have been here for many years. Others are those who lack legal representation at the court and, as such, they don’t go to court at all. They are just forgotten here,” he said.
An inmate, Ibrahim Dala, said he was charged with culpable homicide in 2009, but since then he has not appeared in court.
“I was arrested in 2009 for allegedly killing someone. I was taken to the police station and then to the prison. Since then, I have not been to court. I don’t know the status of my case. I don’t have a lawyer. I don’t have any family members to help me. I am just suffering here for something I did not do,” he said.
Yahaya Usman, another inmate, said he had only appeared in court in 2017.
He said: “I was accused of robbery in 2016. I was taken to court once in 2017 and the judge adjourned the case. But since then, I have not been taken to court again. I don’t know what is happening with my case. I don’t have a lawyer. I don’t have any hope of getting out of here.”
The commissioner said the committee would present its report immediately after it finished investigating, assuring that those affected would get justice.
“We will compile our findings and recommendations and submit them to the Inspector General of Police and the Attorney General of the Federation. We will also liaise with the Legal Aid Council, the National Human Rights Commission, and other relevant agencies to ensure that these inmates get the legal assistance they need. We will not allow them to continue to suffer in prison without trial.”
The commissioner also appealed to the public to report any case of human rights violation by the police or any other security agency to the committee for prompt action.
“We urge the public to cooperate with us and report any case of human rights violation by the police or any other security agency to us. We will investigate and take appropriate action. We will not tolerate any form of injustice or impunity in our society.”
According to the World Prison Brief, Nigeria has an official capacity of 50 153 prison places but has a prison population of 77 350 as of January 2024. This means that the occupancy level is 136.7 percent.
However, out of the total prison population, about 54,068 are awaiting trial inmates, which means that they have not been convicted of any crime, but are still languishing in prison. This accounts for 69.9% percent of the prison population, which is one of the highest rates of pre-trial detention in the world.
According to the Nigerian constitution, every person who is charged with a criminal offence shall be presumed to be innocent until he is proven guilty and shall be entitled to a fair hearing in public within a reasonable time by a competent court.
The International Covenant on Civil and Political Rights, which Nigeria ratified in 1993, says “anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.”
Meanwhile, several efforts have been made by the government and civil society organisations to reform the prison system and ensure speedy and fair trials for inmates. Some of these include the enactment of the Administration of Criminal Justice Act in 2015, the signing of the Nigerian Correctional Service Act in 2019, the establishment of the Presidential Committee on Correctional Service Reform and Decongestion in 2017, and the launch of the Police Duty Solicitors Scheme in 2024.
These efforts have not yielded significant results, as many inmates continue to languish in prison without trial or legal aid.
