Justice, Prisons For A Purpose

CITIZEN Abubakar Aminu, on death row for 14 years in the Kano Central Prison, has pathetically become not only the latest face of injustice in the country but also a symbol of poor administration of justice.

Following his conviction and subsequent sentence 14 years ago, his confinement in the Condemned Prisoner Cell (CPC) for that long after a suspected tortuous time waiting for trial (and justice) deserves a review by the government under the prerogative of mercy if he would not wait interminably for the hangman. Aminu does not deserve the endless psychological torture of a lonely life, provided of course he was rightly convicted. His account to the visiting Interior Minister also throws up questions about fair prosecution by agents of State.

Aminu’s case about poor administration of justice signposts the critical need for a comprehensive reform of the judiciary. At any time, justice must never be seen to be skewed against the poor, the weak or the underprivileged of the society, especially with reports of alleged manipulation of the process by agents of State to get the law to unjustly punish innocent persons.

Fate had played a cruel joke on Aminu when he was arrested in Jigawa State for allegedly stealing a duck and a car stereo but was later detained for robbery, which earned him the death sentence. He is one of 92 condemned inmates who, according to a report, are overstretching the two solitude compartments originally structured for 42 persons. Disturbingly, such overcrowded facilities have become the norm in almost all the prisons or reformatories across the country, making them anything but corrective homes.

While pleading with the minister, Gen. Abdurahman Dambazzau, for quick intervention in his case, Aminu narrated his story in a way that makes him deserve a benefit of the doubt. Also, he might have learnt a lesson or two about life during the long wait on the death row to make him a better person. His story: “We were arrested for stealing…which they valued at N3,000. But when the police framed us up and took us to court, we were charged for (with) armed robbery. They refused to allow us to hire a lawyer after assuring us they would provide government lawyer for us. At the end of the day, we did not see any lawyer and they did not allow us to defend ourselves before conviction and sentencing to death.”

Pending any contrary opinion from agents of the state, the man would seem to have been denied justice. This is against the principle of fairness and equity. Surely, policemen require need orientation and constant training on prosecuting criminal cases. They must recognise that a suspect has his rights intact until he is pronounced guilty by a court of competent jurisdiction.

The Kano prison is over 100 years old with dilapidated structures. It is quite possible no attempt had been made to upgrade it. The prison’s Comptroller intimated the minister of the congestion of the facility, which at present houses 3,500 persons against its capacity of 1,500. Of the lot, 1066 inmates are awaiting trial while 695 have been convicted. Worse still, more than 500 others are languishing in the prison for their inability to pay fines of N5000.

It is just as well that the minister showed concern about the condition of the prison. He may have to visit more prisons to be fully convinced of the pervading rot. Statistics from the International Centre for Prison Studies showed that no fewer than 57,121 inmates were languishing in 240 Nigerian prisons as at October 2014. About 17,544, representing 31 per cent, are convicted inmates while the remaining 39,577 constituting 69 per cent are awaiting trial persons (ATPs). The data also established the terrifying degree of abuse to which the fundamental rights of Nigerians including prisoners, particularly regarding their rights to fair hearing under Section 36(5) of the Constitution, right to personal liberty (Section 35), dignity of human persons (Section 34) are violated.

A slow pace of criminal justice system only compounds the problem of overcrowding in prisons. There are also bail conditions not easily fulfilled; abuse of the holding charge for an accused and reckless disregard for Section 35 of the Constitution. So, Dambazzau’s pledge of government’s preparedness to decongest and rehabilitate the Kano facility must be encouraged to fruition.

Meanwhile, for Aminu and many others in his situation, everyday is torture. After 14 years, the body on the prerogative of mercy should consider advising the President on amnesty for him and others where necessary. The dignity of the Nigerian and sanctity of life, would be enhanced by a better administration of justice and a punishment system that actually corrects.