ÀKÚRẸ́ – The reason for congestion in the correctional centres across the country has been ascribed to large rate of inmates awaiting trials.
President, Nigeria Bar Association(NBA), Adam Osigwe disclosed that 65 percent of inmates are awaiting trials.
He disclosed this on Thursday while fielding questions from journalists after the meeting of National Executive Council (NEC) of the association at the Dome, Alagbaka, Akure, Ondo State capital.
He expressed worry over the conditions of the inmates awaiting trials for a very long time that it usually takes to conclude their cases.
The NBA President said: “Well, I cannot speak about condemned criminals. You cannot force a state to execute them.
We should focus on pre-trial detainees, people who are court awaiting trials. They make up over 65 percent of the prison population. Those are the condemned criminals, as you call them, are already sentenced.
“They’ve had their day in court. We worry about those who are simply remanded in prison facilities without having their cases tried, or their case taking an intolerable length of time to come to conclusion, on account of one delay or the other, and sometimes serving more time in prison than they would if the court has convicted them, or even acquiring one disease or the other in prison, or even dying.
“We have mandated our Human Rights Committee to work with the Chief Judges of the states to ensure that they do prison visits, and also to give a directive to all magistrates that if you give a remand order, you must give a return date for a review, and that if the prosecution, Ministry of Justice, fails to file a charge, that they should order the release of such persons, so that people do not spend time in prison detention without being charged to court.
“And also to ensure that the courts, in line with provisions of the Police Act and the Administration of Criminal Justice Act, will visit detention facilities, whether of the police, of the army, of the DSS, of the NDLEA to check the length of time people have been detained there, to order that they be released on bail, to order that they charge them to court, or release them entirely.
“So, the bar is getting this engagement to ensure that people who have no reason being in detention are released, and that people do not spend a long time in detention without a charge being filed against them.
“So, we are doing advocacy, we are engaging to ensure that we comply with the provisions of the law to avoid this ugly situation being the dominant thing, being the reason rather why people are in various detention facilities.”
Speaking on recurring incidence of conflicting judgements, the NBA President said: “We have set up a committee called the Adjudicative Review Committee, which will look at some of these conflicting judgments, point out the conflicts, and also try to identify where the courts got it wrong, and suggest the position that best reflects the position of the law.
“And also in our engagement with judges, we also point them out, and we’re encouraging academics and lawyers to write reviews of such judgments and publish them, so as to draw attention to them, and that lawyers also should, in presenting arguments before the court, not confuse them by failing to bring to their attention the existence of the authority, or make them believe that there has not been any previous decision on the matter.
“So where a previous decision is in existence, to bring such a decision to the attention of the court, so the court will be better guided in coming to a decision.
Okay, the congestion of correctional facilities, what is the bar doing? Especially, sir, that there are a lot of condemned criminals.”
Meanwhile, the Attorney General and Commissioner for Justice, Ondo State, Kayode Ajulo, SAN, while addressing the NBA NEC meeting, said: “The NBA-NEC meeting serves as a vital platform for addressing pressing issues that affect our profession, the rule of law, and the administration of justice.
“It is a time for introspection, decisive action, and a renewed commitment to the principles that have long guided our noble profession: justice, fairness, and the steadfast pursuit of the rule of law.
“The Nigerian Bar Association stands as the preeminent professional body for lawyers in Nigeria, playing a pivotal role in shaping our nation’s legal and democratic framework.”
Speaking on the commitment of Ondo State to justice and rule of law, the attorney general said: “Under the esteemed leadership of His Excellency, Dr. Lucky Aiyedatiwa, the Ondo State government remains steadfast in its dedication to fortifying the legal and judicial framework within our state.
“Our Ministry of Justice has embarked on transformative reforms aimed at enhancing access to justice, expediting case resolutions, and ensuring that every citizen of Ondo State fully benefits from the law.
“Key initiatives currently underway include: The implementation of digital case management systems in select courts to boost efficiency.
The expansion of legal aid services to guarantee that underprivileged individuals have access to competent legal representation.
“Collaborations with the private sector to promote Alternative Dispute Resolution (ADR) mechanisms and alleviate court congestion. Legislation against land grabbing by land speculators and interlopers. Mandatory franking and documentation of all land transactions by legal Practitioners, among others.”
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