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Category Archives: Law

Bringing Hope to Prisoners in Nigeria

By Sunday Adaji Esq

prisoners

One fact about prisoners is that one after the other, virtually all of them will be out of prison and back into the society, breathing the air of freedom. What is therefore worthy of consideration is the life they live in prison and the life they will be living when they return to the society.

As it were, prisons are built not just to incarcerate and punish criminals but to reform them. “Reform” here implies putting facilities in place which will help to bring out the best in the prisoners and make them responsible citizens, so that instead of becoming hardened criminals; they become law abiding citizens. This way, the society becomes the better for it.

Although prisons are meant to reform prisoners, the ones in Nigeria rarely serve this function. Experience has shown that prisoners return from prisons in Nigeria to become hardened criminals. In this country, available statistics point to the fact that many prisoners who have completed their prison terms go back to the same acts of criminalities that took them to prison in the first place, and may even become worse than ever.

Perhaps, one of the reasons prisoners are hardly reformed is that the government has not put proper structures in place for the desired reformation and rehabilitation. Visits to our prisons will reveal that the conditions in them are deplorable. Apart from the fact that our prisons are congested, there are no adequate social amenities. There is poor ventilation, poor medical facilities and little or no sports facilities. The inadequacy or complete absence of these facilities make life unbearable to prisoners and even defeat the whole essence of the exercise.

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It is important we remind ourselves that prisoners have rights and are entitled to enjoy these rights even while in prison. In the United States and other civilized societies, prisoners enjoy their rights to education, to medical treatment, to conducive accommodation and to good ventilation. In such climes, prisoners come out of prisons to become better citizens, principally because of the quality of facilities in place. In the U.S, it is easy to recall the likes of great motivational blogger, Steve Pavlina and the former world heavy weight boxing champions, Sony Liston and Mike Tyson. These men were jailed at different times for some offences they committed and while in prison developed their talents that eventually made them become better American citizens. If these were Nigerians and kept in Nigerian prisons, they would have ended up as hardened criminals.

 Bettering the Lots of Prisoners in Nigeria

Within every human being is the capacity to be good and to be better. The first step to bringing the best out of prisoners and making them responsible citizens is to put in place frameworks, structures and facilities required for their reformation and rehabilitation. If all a prisoners is required to do is to serve his prison terms, then, we are far from making him a better citizen. The secret to reforming and rehabilitating prisoners is to invest in them. And to do this, we must stop seeing them as criminals who are not fit to live in society; and start seeing them as citizens who need reorientation and reformation. It is when we start doing this that we will be prepared to put in place frameworks and facilities that will enable them become better citizens. It is interesting to note that a Bill on prison reforms is already before the current National Assembly, waiting to be passed into law. When and if passed, the law will go a long way to solving most of the problems bedeviling this institution.

In the meantime, for any reforms to achieve tangible results, adequate attention must be paid to the issues below:

  1. Provision of Adequate Social Amenities in Prisons

Currently, only few prisons in Nigeria can boast of any medical, housing and sports facilities. And even where these are available, they are in a state of comatose. If we are going to bring hope to prisoners, we must be ready to make their welfare and future a priority. Prisoners are human beings and not animals. Even animals have rights and in civilized societies, the rights being respected and enforced. It is instructive that under our Criminal and Penal Codes, it is an offence to maltreat animals, much more human beings. Government should take a cue from international best practices all over the world and do something urgent on the state of our prisons.

  1. Provision of Educational and Training Facilities in Prisons

It is pathetic and embarrassing that only few Nigerian prisons (Lagos, Onitsha and Jos) have educational facilities for prisoners. Education is, perhaps, the greatest investment we can make on the prisoners. If schools are built in prisons and prisoners are trained, their capacity to become better citizens is enhanced and the society at large will be better for it.

Conclusion

The recent report that 35 inmates in Jos prison would be participating in the November/December 2018 WASSCE (West African Senior School Certificate of Education) examinations having been sponsored by the National Industrial Training Fund came as a big relief. More heart gladdening is also the disclosure that the prison in Onitsha has vocational training facilities for prisoners. It is hoped that these developments will be replicated in the other prisons in Nigeria so that inmates can start benefitting immensely from them.

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Election Primaries through the Lenses of the Law

Compiled by Mr Lazarus M.A, Miss Jerum Uneje, R.A. Hwande Esq and S.P. Oobulu Esq

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Nigeria’s democracy is nascent and oscillates on a 4-year election cycle. As the present administration draws close to the end of its tenure, various political parties have conducted primaries across the Federation as stipulated by the legal framework regulating the conduct of elections in Nigeria. Political parties are legally saddled with the responsibilities of sponsoring their candidates’ campaigns for every political position for election.

The law perhaps is apt regarding the conduct of party primary elections regarding how a candidate can be elected. On this point, section 87 of the Electoral (Amendment) act, 2015 clearly lays down the procedure for the nomination of candidates by political parties which could either be by direct or indirect voting. The spirit of this section is in line with provision of section 36 of the 1999 constitution of the federal Republic of Nigeria which guaranteed fair hearing. By direct election, aspirants are given the opportunity of being voted for by all members of the party present at the election venue, while in indirect primaries aspirants are voted for by delegates (the number is usually determined by the position contested for). Whichever procedure (direct or indirect) a political party decides to adopt, the aspirant with the highest votes becomes the representative of the party.

Despite this injunction, the Media, Civil Society and other stakeholders report that the recently held primaries fell short of the provisions of the ELECTORAL (Amendment) ACT 2015. All the major Political parties failed to adhere strictly to the provisions of the subsisting legal framework as shown in a range of malpractices that shadowed the primaries across the country.

The APC (All Progressive Congress) adopted the indirect primary election procedure in Benue State. This system as earlier mentioned makes use of delegates who elect candidates on behalf of the party congress. However, it is alleged that the procedure was not strictly followed in practical reality. For instance, it was reported that during the House of Representatives election for Kwande/Ushongo Federal Constituency, violence ensued because of protests from delegates who alleged that they were being impersonated. Allegations of vote buying and tampering with the delegates list were also rife and thrown at 2 of the aspirants.

Elections-Rally

The PDP (Peoples Democratic Party) which also adopted the indirect election procedure also failed to comply with the provision of section 87 of the ELECTORAL (Amendment) ACT 2015. It is alleged that the PDP primary elections at all levels and stages in Benue state were marred by violence, supplanting of candidates, vote buying and clear case of God-fatherism. In Otukpo/Ohimini Federal Constituency for election for example, candidates were alleged to have been substituted.

From the above it is clear that the spirit and tenet of the above section of the Electoral Act was violated in its entirety. In any case, elections, be they at primary or general stage require strict compliance with the provision of the electoral act to ensure peaceful, orderly and smooth conduct. Any deviation from these provisions is punishable under the Act if found guilty by the court of law. For instance, section 122 of the Electoral Act provides for the offence of impersonation and criminalizing same. The punishment paragraph under sub section (1) of the above section stipulates that, if found guilty the person shall be liable for a maximum fine of 500,000 (five hundred thousand naira) or 12-months imprisonment.

 

Other alleged offences also took place. For example, it is widely reported that the All Progressives Congress (APC) failed to conduct the required primary elections for the State House of Assembly; instead, party big wigs selected candidates of their choice for the elections over those desired by the electorate. This is a clear violation of the subsisting electoral law.

The above stated violations have their consequences in varying degrees and dimensions including the following:

The rights of both the delegates and aspirants who have the mandate to vote or be voted for have been fundamentally denied and breached by leaders of the various political parties.

Another serious consequence is the potency of derailing the forthcoming general elections and its credibility.

Another consequence is the breeding of grounds for violence and unrest in the political ecosystem.

Based on the foregoing therefore, the following are recommended:

  • That the Independent National Electoral Commission intensify its monitoring of Party Primaries, investigate allegations and sanction erring Parties accordingly.
  • Sensitize political parties and their officials on the need to adhere strictly to the provisions of the subsisting legal framework regulating the conduct of elections
  • The justice system actors including the Police, the Judiciary and other stakeholders should be sensitized on the need to closely monitor, investigate and sanction erring individuals and parties accordingly.
  • Power brokers should be told of the need to ensure peaceful elections by midwifing a free and fair process thereby providing a level playing field for all.

Leaders of thought such as the traditional and religious leaders should be encouraged to preach against the culture of vote-selling as it inhibits community development subsequently.

 

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