Nigeria Does Not Keep Men, Women Offenders In Same Cells, Ekiti AG Tells UN Committee

Ekiti State Attorney General and Commissioner for Justice, Olawale Fapohunda, has informed the United Nations Committee Against Torture sitting in Geneva, Switzerland that contrary to information at its disposal, the Nigerian Correctional Service does not detain men and women in the same cells in any of its facilities nationwide.

Fapohunda who led the delegation of the Nigerian National Committee against Torture to the 72nd session of the UN Torture Committee argued that “while the Government of Nigeria recognizes the need for sustainable reforms in the criminal justice system, the very idea of placing opposite sex in the same cells is repugnant to all known values that we hold dear. This is simply not true.”

Fapohunda also responded to questions on the continued existence of the death penalty in the laws of Nigeria. He submitted that the laws of Nigeria affirmed by the Supreme Court of Nigeria recognized the death penalty.

He cited the report of the FGN National Study Group on Death 2003, which reviewed the arguments for and against death penalty and concluded that “a Criminal Justice system that must take life must first give justice.” The Ekiti State Attorney General said this was one of the reasons why there has largely been a moratorium on executions in Nigeria.

In response to questions raised by the UN body on Gender-Based Violence in Nigeria, Fapohunda informed the committee that the Government of Nigeria has shown seriousness about reversing the scourge of Gender-Based Violence specifically sexual violence.

He said evidence of this can be seen in the declaration of the Nigerian Governor’s Forum of a state of emergency on all forms of gender-based violence.

He further stated that the Government of Nigeria recognises that despite legislative interventions, there exists culturally practices that cannot simply be legislated out of existence. This according to the Attorney General is why focus has been placed on citizens awareness and continuous public education.

Fapohunda who also serves as the Vice-Chairman of the National Committee Against Torture admonished the committee not to dismiss the law reform initiatives of the Government of Nigeria. He said: “This committee should not wave aside the laws that have been enacted across the country in furtherance of a national criminal justice reform initiative. It is a misconception to say that enacting laws are usual.

“In the Nigerian context, especially taking into consideration the 36 states of the federation with different cultures and religions, achieving a national legislative consensus on issues of gender-based violence, the death penalty and abortion is a big deal.”

The United Nations Committee Against Torture is the body of 10 independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. Nigeria is a State party to the convention having signed the convention in 2001 and its optional protocol in 2009.

The 72nd session of the UN torture committee which commenced on 8th November is expected to end on 3rd December 2021.