Blog Post
We commend the Honorable Minister of Interior, Ogbeni Rauf Aregbesola, for his timely initiative to reduce Nigeria’s custodial population by 30%. This significant move, announced on October 10, 2022, involves discussions with state governors to facilitate the mass release of at least 30% of inmates from custodial centers, primarily addressing state offenders. This intervention aligns with Section 175 of the 1999 Constitution, Sections 2(1)(a)(b)(c) and 12 of the Nigerian Correctional Services Act 2019, and the Administration of Criminal Justice Act 2015, all advocating for swift justice.
Given that 70% of those incarcerated are pre-trial detainees—a practice that undermines fair trials and speedy justice as guaranteed by the 1999 Constitution—we acknowledge the necessity for this decongestion effort. However, our correctional centers lack the resources and facilities needed for effective rehabilitation.
As civil society organizations dedicated to providing justice for indigent pre-trial detainees and supporting their rehabilitation and reintegration, we urge the federal government to:
1. Engage All Stakeholders: Collaborate with state governments, the National Human Rights Commission, the judiciary, the Nigerian Bar Association, and relevant civil society organizations involved in the criminal justice system.
2. Prioritize Petty Offenders: Follow the provisions of the Administration of Criminal Justice Act (2015) and the Nigerian Correctional Services Act (2019) to utilize non-custodial measures for minor offenses.
3. Implement Proactive Measures: Enforce Section 34 of the Administration of Criminal Justice Act (2015) to significantly reduce remand rates.
4. Consider Prolonged Detention: Release pre-trial inmates who have served beyond the statutory punishment for their offenses, including first-time offenders of minor crimes.
5. Promote Sustainable Measures: Implement restorative justice, community service, and other diversionary measures as outlined in our legal framework.
6. Develop a Reintegration Plan: Ensure a structured approach for the reintegration and re-entry of released individuals into society.
We have directly supported thousands of indigent pre-trial detainees with legal aid and reintegration services. We reaffirm our commitment to assisting the government in achieving the 30% reduction in the prison population.
Signed:
