OVERCROWING IN NIGERIAN PRISONS: A CRITICAL APPRAISAL ABSTRACT This article takes a critical look at the issue of overcrowding, which,

in the 1990s, appears the most intractable problem facing the Nigerian Prison System. The article examines the special characteristics of the Nigerian prison population. Factors associated with overcrowding are identified and discussed. Some side effects of imprisonment are examined, together with the impact of overcrowding on the prison system as a whole. Suggestions for measures to provide lasting solutions to the problems are offered. INTRODUCTION It is difficult to claim that the idea of imprisonment was alien to some of the communities that later became what is now called Nigeria. However, it is reasonably clear that the structure and organization of tribal prisons were rudimentary, compared with the colonial prisons (Milner, 1964-65; Osinbajo and Kalu, 1990). Moreover, the rate of incarceration has increased dramatically between the colonial period and the last decade of the twentieth century. Incarceration has become a dangerous practice. Officially, it is claimed that the role of the Nigerian Prison Service is tripartite in nature. First, the service is responsible for the safe custody of persons legally interned. Second, it provides treatment to them, and third, it seeks to rehabilitate them. The philosophy of the Nigerian Prison Service is that treatment and rehabilitation of offenders can be achieved through carefully designed and well articulated administrative, reformative, and rehabilitative programs aimed at inculcating discipline, respect for law and order, and regard for the dignity of honest labor (Nigerian Prison Service, 1981; The Guardian, 17 February 1988). Even if these lofty objectives can, theoretically, be achieved in Nigerian prisons, the current overcrowding will make that achievement difficult if not impossible (Sunday Punch, 3 January 1988; The Guardian, 13 February 1988). In this article, the term overcrowding is used in the 1|P a g e

context in which the Nigerian Prison Service has been using it in its annual reports; that is, it results from the admission of a number of prisoners that exceeds the total capacity of the prison system. For instance, the total prison capacity during the period 1978 to 1981 was 27,257, but it was revealed that in 1978, the average monthly population was 32,332; in 1979 it was 34,770; in 1980, it was 35,332; and in 1981 it was 38,477 (Nigerian Prison Service, 1978 1981). The percentage of overcrowding thus was 18.61 in 1978, 27.56 in 1979, 29.43 in 1980, and 41.16 in 1981. These figures show a steady rise. In 1985, according to the Nigerian Prison Service, the monthly average prison population was 55,170, whereas the total prison capacity was 28,151 (Nigerian Prison Service, 1986). In 1986 the prison population declined slightly to 54,510, and the capacity remained the same (Nigerian Prison Service, 1986). The overcrowding percentages for those years were 95.97 and 93.63, respective. By July 1990, the average monthly population stood at 54,000, whereas the total capacity was 31,000 (Sunday Concord, 29 July 1990); the percentage of overcrowding was 74.19. It appears that something drastic has to be done to stem the tide (Vanguard, 2 November 1987). CHARACTERISTICS OF THE NIGERIAN PRISON POPULATION The Nigerian prison population is a sort of mixed grill in the sense that it is made up of adult males and females, young persons, children, pregnant women, nursing mothers, criminal and civil lunatics, debtors, detainees, first offenders that is, star prisoners and recidivists, longand short-term prisoners, condemned prisoners and inmates awaiting trial or being held for safe custody. These groups are not represented equally. For instance, less than 4 percent of all the total prison admissions are females (Nigerian government, 1981:35-38; Nigerian Prison Service, 19801981). More than 55 percent of the convicted prisoners are first offenders (Nigerian government, 1981:35038; Nigerian Prison Service, 1980; 1981). About 80 percent of the convicted prisoners serve short-term imprisonment of under two years (Nigerian government, 1981:35-38). More than 60 percent of the total prison admissions are awaiting trial or being remanded in custody (Nigerian government, 1980:104; 109; 2|P a g e

Nigerian Prison Service, 1981). About 50 percent of the convicted prisoners are between the ages of 28 and 50 years (Nigerian government, 1980:104, 109), and about 33 percent of all convicted prisoners are sentenced for stealing without violence (Nigerian Prison Service, 1980; 1981). FACTORS PRISONS Delay in the Administration of Justice It is beyond doubt that when more than 60 percent of the total prison admissions are awaiting trial, the administration of criminal justice must be faulty. Olawoye identified several factors as responsible for delay in the administration of criminal justice. First is the inadequacy of the courts and judicial personnel. It cannot be disputed that in Nigeria, the increase in population in some major cosmopolitan cities and growing small towns has not been met with corresponding increases in the number or size of court buildings. Also, the remuneration offered to those on the bench is poor, which has made it difficult to attract competent judicial officers. The performance of some of them leaves a lot to be desired. Some are lazy, while others are not committed, and cases are adjourned at the slightest excuse. In addition, legal practitioners frequently go to court unprepared. They manufacture all sorts of reasons why adjournment should be granted, and some are just simply incompetent. The preliminary investigation and the Assize system are contributing factors also. These are colonial hold-overs, which remain in some states. The system of handling all criminal cases at one particular time of the year usually leads to a situation in which cases that do not fall within the period are not handled, and a consequent backlog of cases is left pending. Further, investigations often are not completed because the law is unduly technical, and, more significantly, the public is very reluctant to assist the police due to past experience (University of Lagos, Faculty of Law, 1973; African Concord, 23 June 1987; Elias, 1972; National Concord, 18 January 1988; The Guardian on Sunday, 23 June 1991; 5 January 1992; 23 June 1992). 3|P a g e ASSOCIATED WITH OVERCROWDING IN NIGERIAN

Additional problems stem from grossly inadequate equipment in some states. For example, in some cases of dangerous driving in which death occurred, it took six months or more for the compilation of the case diary because of shortages of typewriters and typists at police stations. Thus, cases expected to take three months take eighteen months on the average. In forgery cases, because there are few handwriting experts serving in the northern states, it takes about six months to get them to give evidence. To handle cases involving Indian hemp (marijuana) and hard drugs, there is only one government chemist in Kaduna for the whole of the northern states. Consequently, an accused usually waits for a minimum of a year for the report to be received, which is necessary for a hearing in court. In cases of culpable homicide punishable with death (murder) or cases not punishable with death (manslaughter), in which there is a need to send specimens to a pathologist, because there is only one Federal Government Pathology Laboratory, located in Lagos, it takes about 12 to 18 months for the results to be received by courts in some parts of the northern states. In cases involving possession of ammunition, in which the ammunition needs to be sent to a ballistics laboratory, it takes a minimum of a year before the case is ready for trial because there is only one such laboratory, located in Lagos (Hotline, 14 27 December 1987). Delay occurs also in criminal appeals because of the following: (1) the indifference and incompetence of secretarial staff, (2) the fact that the records of proceedings may be spread throughout many record books because of numerous adjournments, (3) frequent transfers of magistrates, which makes it difficult for them to compile records of proceedings, and (4) the illegible handwriting of some judicial officials (University of Lagos, Faculty of Law, 1973). All of the above in one way or another contribute to the overcrowding, especially in relation to the number of persons awaiting trial. Unless these delays are reduced, there cannot be reductions in the numbers of those awaiting trial. Lack of legal aid accounts for additional delays in the cases of many inmates awaiting trial in custody. The high 4|P a g e

levels of illiteracy and poverty have caused a substantial number of inmates to languish in prisons because they cannot afford payment of legal fees. Their illiteracy renders them unable even to take advantage of the limited free legal aid available. These individuals constitute the bulk of the inmates who are released when some judges visit the prisons on a routine basis (Punch, 29 January 1988). Added to the above problems are the stringent criteria often imposed for granting bail by the courts. In some cases they are such that the inmates cannot take advantage of the provisions for bail (Osinbajo and Kalu, 1990; University of Lagos, Faculty of Law, 1973). Overuse of Prison Sentences by Judges It would appear from the characteristics of the prison population that there has been overuse of imprisonment as a means of punishment. There is no other way to account for the fact that about one-third of the convicted prisoners are incarcerated for stealing without violence, about 80 percent are serving not more than two years of imprisonment, and more than 55 percent are first offenders. The presence of debtors, mentally disordered persons, and pregnant and nursing mothers is further evidence. There are many better alternative for dealing with these individuals. The problem is that some Nigerian judges send people to prisons without regard for the impact of imprisonment and its cost to the nation (Nigerian Law Times, 7 13 April 1986; Elias, 1972; National Concord, 16 January 1988; Osinbajo and Kalu, 1990). Over-Criminalization It is not unlikely that there has been an increase in criminal activity, which has contributed to the overcrowding in Nigerian prisons, especially now that the rewards have become so conspicuous in the opulence enjoyed by white-collar criminals and drug barons. In the absence of accurate data, such a rise in criminal activity is a reasonable assumption. It likely is related to the deteriorating economic situation. However, a factor that probably has contributed to both criminal activity and criminalization of many behaviors is the spate of decrees produced by the military regime. The relevant ones are as follows: 5|P a g e

(1)Decree No.3 of 1984. Recovery of Public Property (Special Military Tribunals) Decree, 1984. (2)Decree No.4 of 1984. Public Officers (Protection against False Accusation) Decree. This was abolished as soon as the present Babangidas administration came to power. (3)Decree No.5 of 1984. Robbery and Firearms (Special Provisions) Decree, 1984. (4)Decree No.7 of 1984. Exchange Control (Anti-Sabotage) Decree, 1984. (5)Decree No.20 of 1984. Special Tribunal (Miscellaneous Offenses) Decree, 1984. This prescribed about 13 species of offenses and penalties in order to curb them. The offenses include: a. Arson of public building b. Damage to public property electric cables, etc. c. Tampering with oil pipelines d. Tampering with telephone wires e. Unlawful exportation of minerals f. Tampering with postal matters g. Forging and altering negotiable instruments h. Unlawful exportation of food stuffs i. Selling prohibited goods j. Dealing in cocaine and other similar drugs k. Cheating in examinations l. Unlawful dealing in petroleum. (6)Decree No.22 of 1984. Counterfeit Currency (Special Provisions) Decree, 1984. This prescribes offenses for a. Making or being in possession of implements for making or counterfeiting currency. b. Importing and exporting counterfeit currency and implements. c. Dealing in counterfeit currency, buying, selling, exposing and offering for sale, inducing any other person to buy or sell any counterfeit bank note or current coin. d. Altering and being in possession of counterfeit currency. 6|P a g e

e. Aiding and abetting commission of the above offenses. f. Conspiracy to commit above offenses. (Osinbajo and Kalu, 1990) Few Resources to Build Additional Prisons According to reports, most of the Nigerian prisons were build during the colonial period. Since then, very little effort has been made either to build additional facilities or to modernize existing ones. With the increased prison admissions in recent years, overcrowding became inevitable (Nigerian Law Times, 7 13 April 1986). SOME SIDE EFFECTS OF IMPRISONMENT IN NIGERIA Damage to Physical Health The primary causes of health problems that inmates develop in Nigerian prisons are malnutrition, unsanitary conditions, exposure to heat or cold (depending on where in the country a person is incarcerated), and the disciplinary measures of putting inmates on a half diet and locking them up in punishment cells, which are often poorly ventilated and dark (Daily Times, 18 May 1987; Guardian, 23 January 1988; Sunday Times, 28 February 1988; Newswatch, 19 June 1989; The Guardian on Sunday, 12 March 1989; National Concord, 9 November 1989). In addition, where food is brought by inmates relations living outside the prison, there have been claims by inmates that prison officials often do not deliver the food to them. Recently, some inmates interviewed accused some prison officials of colluding with food contractors to feed fat on prisoners food (Daily Times, 18 May 1987). There is little doubt that prisons in Nigeria expose their inmates to very high risk of assault by other inmates. There have been reports indicating that during initiations carried out to welcome new inmates, the new inmates are subjected to humiliating assaults, which are worst where the new inmates do not have sufficient money to pay as protection fees (The Guardian on Sunday, 16 June 1991). There has not been evidence yet of homosexual rapes in Nigerian prisons, but there are few homosexuals in the Nigerian prison population (Okediji and Okediji, 1969). 7|P a g e

Mental Health Although it is widely believed that imprisonment impairs health, the extent to which this is true for the Nigerian penal system is difficult to say. In the absence of serious research, any conclusion on this issue is bound to be speculative. The experience of some of the Second Republic politicians who were released recently suggest that those who were observed to experience mental illnesses in prison may have been susceptible to them before incarceration and the confinement probably exacerbated the conditions (Vanguard, 3 March 1988; Babatope, 1989). However, it is important to point out reports in two reputable newspapers stating that 700 Bendel Prisoners go mental (Sunday Punch, 10 July 1988) and Prison turn the sane around (The Guardian, 29 September 1988). It is not hard to see how cases of institutionalization or prisonization could occur in Nigerian prisons, especially among those who spend long continuous periods in detention. The monotony, idleness, lack of autonomy, and loss of contact with the outside world all could be contributory factors (Johnston et al, 1970). Human Rights Very little has been written about the effects of imprisonments on the families of inmates and convicts in Nigeria (University of Lagos, Faculty of Law, 1973), but studies conducted in other countries may provide some indication of what to expect. Wives, children, and other dependents have been found to suffer emotionally, psychologically, socially, and economically, especially when the convict or inmate was the breadwinner. This can lead to the breakdown of marriages, stigma for members of the family, and abandonment of children (Walker, 1983). The pains of imprisonment have been found to be particularly devastating for women; they seem to suffer more, and for the mothers, imprisonment can be tragic. Children pose most acute problems for those who are able to take their children into the prison with them. For those who give birth in prison, other problems arise, such as fears regarding the harm that the environment may cause to the children. This is coupled with anxieties about the unnatural way of life without fathers, siblings, and 8|P a g e

an ordinary home (Civil Liberties Organization, 1989; The Guardian on Sunday, 19 January 1992). The percentage of nursing mothers, pregnant women, and other females in the Nigerian prison system is small, but there is still an urgent need to minimize, if not eradicate, the possible negative effects described above (Nigerian Prison Service, 1980 1986). Overcrowding is bound to make all of these problems worse. Scarce resources have to be stretched further. The possibility that the system will collapse is increased because of the stress and strain, both physical and emotional, on staff and inmates. There is also greater likelihood of rioting (The Guardian, 21 June 1987). With more mouths to feed, the quality and quantity of the food is bound to decline (Daily Times, 18 May 1987; The Guardian, 18 October 1989; The Guardian on Sunday, 16 June 1991). Facilities meant for rehabilitation programs are bound to be overused, which could lead to their breakdown. Segregation or classification becomes impossible (The African Guardian, 24 July 1986; African Concord, 23 June 1987; This Week, 21 March 1988; National Concord, 11 April 1988). This point was confirmed in a study conducted by U.I. Lau, Chief Superintendent of Prisons in Zaria, Kaduna State (Lau, 1987). He found that overcrowding defeats the main aims and objectives of imprisonment in Nigeria. In addition, the unhealthy sanitary conditions caused by overcrowding have led to frequent epidemics and the consequent premature deaths of many prisoners (Lau, 1987; The Guardian, 16 January 1988; Newbreed, 31 July 1988; Sunday Vanguard, 20 December 1987; Sunday Vanguard, 31 July 1988; Sunday Vanguard, 20 November 1988; Sunday Times, 17 August 1986; National Concord, 9 November 1989; The Guardian, 3 May 1990; Daily Times, 25 August 1990; The Guardian on Sunday, 10 February 1991). RECOMMENDATIONS First, the Nigerian criminal law, the law of evidence, and criminal procedure law should be reformed. Some offenses ought to be either removed from Nigerian statute books or decriminalized. The law should be simplified and made more intelligible in order to reduce reliance on legal

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practitioners in simple cases. Procedural rules that have the effect of causing delay should be abolished. Second, cooperation between the Nigerian police and the Nigerian public should be encouraged because the current lack of cooperation accounts for a large portion of the delays in trying cases. Without the assistance of members of the public in criminal prosecution, especially as witnesses, there will be crisis in the criminal justice system. The attitude of the police toward potential witnesses has to improve, and there is a need for mutual respect and trust between the police and the public if the justice system is to work smoothly. Third, there is a need for more courts and judicial personnel at all levels. Remuneration should be substantial enough to encourage the most competent individuals in the profession to become judicial officers. Mobile courts should be introduced to deal with trivial cases, to avoid reliance on the benevolence of chief executives on festive occasions (The Guardian, 29 January 1988; Punch, 29 January 1988). There also is a need for mechanical devices to record court proceedings. This would relieve judges of the burden of writing in long hand the evidence of parties to disputes in court. The efficiency of the secretarial staff should be improved through training and retraining. Fourth, there is a need for extensive deployment of legal aid personnel to prisons throughout the country to assist in providing legal services. Fifth, as a matter of policy, the use of imprisonment should be restricted for young offenders, mentally disordered persons like civil and criminal lunatics, pregnant women, and nursing mothers. These classes of persons should not be incarcerated. Sixth, the conditions for granting bail should be liberalized. Those charged with simple offenses ought, as a matter of policy, to be granted bail. Inability to pay court fines as a result of genuine poverty should be grounds for exemption from imprisonment. Seventh, there is an urgent need for development and greater utilization of alternatives to imprisonment such as binding over, probation, 10|P a g e

suspended and partly suspended sentences, community service orders, restitution orders, parole, and weekend imprisonment, especially for football hooligans. Finally, more funds should be provided for building modern prisons to replace the old ones (Osinbajo and Kalu, 1990); New Nigeria, 29 February 1988; Daily Star, 20 May 1988; African Concord, 6 August 1990; Sunday Times, 1 July 1990; The Guardian, 10 September 1989).

CONCLUSION Based on this examination of factors associated with overcrowding and the special characteristics of the Nigerian prison population, especially the proportion of individuals awaiting trial, it is the authors belief that far more efficient administration of criminal justice will contribute a lot to reduction of the size of the Nigerian prison population. It is also clear that, with the present level of overcrowding, no meaningful rehabilitation can take place in the prisons. The under reliance on imprisonment has to change because of the increasing cost of running the prisons and the numerous negative effects incarceration has on prisoners and the society. There is an urgent need for the development and application of alternatives to imprisonment, which will be cheaper in terms of financial cost and negative consequences.

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REFERENCES Babatope, E. (1989). Inside Kirikiri. Enugu: Fourth Dimension Publishers. Civil Liberties Organization (1989). Report on Human Rights in Nigeria, 1989. Lagos, Nigeria: Civil Liberties Organization. Elias, T.O. (ed) (1972). The Nigerian Magistrate and the Offender. Benin: Ethiope Publishing Corporation. Johnson, N. et al (eds.) The sociology of punishment and correction. New York: John Wiley and Sons, Inc. Lau, U. I. (1987). The adverse effect of congestion on classification of inmates in Nigerian prisons, 1975 1985: A case study of Zaria Prison. Unpublished thesis. The Prison Staff College, Kaduna, Nigeria. Milner, A.O. (1964 1965). The sanctions of customary criminal law: A study of social control. Nigerian Law Journal 1:180-81. Nigerian government (1989). Annual abstract of statistics. 1981 edition. Lagos, Nigeria: Federal Office of Statistics. __________(1980). Social statistics in Nigeria. Lagos, Nigeria: Federal Office of Statistics. Nigerian Prison Service (1978 1986). Nigerian Prison Service annual reports. Lagos, Nigeria: Nigerian Prison Service. Okediji, F.O., and Okediji, O.O. (1969). Some sociological aspects of Nigerias penal system. Journal of Business and Social Studies 1(2):23. (University of Lagos, Schools of Administration and Social Studies). Olawoye (1973). Problem of delay in the administration of criminal justice. In Criminal law and law courts, 142-64 (papers presented at 2nd West African Conference in comparative criminology), Lagos, Nigeria: University of Lagos, Faculty of Law. Osinbajo, Y., and Kalu, A. (eds.) (1990). Law development and administration in Nigeria. Federal Ministry of Justice Law Review Series. Ibadan: Intec Printers Ltd. Soyinka, W. (1972). The man died. London: Rex Collings Ltd.

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University of Lagos, Faculty of Law (1973). Criminal law and law courts (papers presented at 2nd West African conference in comparative criminology). Lagos, Nigeria: University of Lagos, Faculty of Law. Walker, N. (1983). Side effects of incarceration. Bit J Crim 23:65-67.

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