AGF Malami: Correctional Centres Have Powers To Reject Persons Awaiting Trial

Attorney General of the Federation and Minister of Justice,
Abubakar Malami SAN, has adduced reasons why the Federal Government
repealed the Prisons Act, which paved way for the Nigerian The
Attorney General of the Federation (AGF) and Minister of Justice,
Abubakar Malami (SAN) on Monday told officials of the Correctional
Services (Prisons) that they have powers to refuse to keep in their
custody persons awaiting trial, if relevant agencies of government
failed to address the issues of such inmates within a period of
three months.

Malami, who made the disclosure while declaring open the first
“National Workshop on the Effective Implementation of the Nigerian
Correctional Service Act”, said the move is aimed at tackling
overcrowding in the prisons.

The report has it that 70 percent of inmates across correctional
centers in the country are persons awaiting trial with some of them
in detention for more than ten years.

The Correctional Service Act, which according to the AGF is a
fallout of ongoing reform, is aimed at decongesting prisons as well
as equipping inmates for a better life after prison.

“We consider the Nigerian Correctional Service Act, 20l9 very
critical to the administration of Criminal Justice in Nigeria for
quite a number of reasons.

“In the first place, it is our much-awaited legislative wand for
bringing to an end the hydro headed problems associated with
overcrowding and prison congestions in the country.

“With this Act in place, we now have the much needed legislative
backbone for the comprehensive implementation of the national
policies and strategies for prisons decongestion in Nigeria and I
cannot but give credit to Mr. President for his demonstrable
commitment towards the speedy decongestion of Nigerian prisons, now
Correctional Centres,” he said.

Among some of the innovations in the new Act the minister cited,
included section 18(2) which empowers prison officials to reject
inmates suspected to have undergone torture or other inhumane
treatment in the hands of relevant agencies.

“By virtue of section 18 (2) of the Act, upon the delivery of
the notification under section 18 (I) (d), the state controller
shall cause to be activated, the procedure for refusal to admit
awaiting trial persons to his custodial centre, where the heads of
the relevant agencies notified fail to take necessary steps to
address the situation within a reasonable time not exceeding three
months.

“A Superintendent shall refuse to admit any person brought in
with severe bodily injury, mentally unstable or underage provided
that the Superintendent shall ensure due documentation of the name,
date and other particulars relating to the person that was refused
admission.

“Under the new dispensation, the Correctional Service is obliged
to take adequate steps to ensure the prevention of torture,
prevention of inhuman and degrading treatment against inmates and
the prevention of sexual and non sexual violence and bulling of
inmates,” the minister added.

Malami stated that the workshop is meant to sensitize and
conscientize participating Justice Sector Institutions and other
stakeholders on their roles towards the proper implementation of
the Nigerian Correctional Service Act, 2019.

He therefore called on the participants to come up with a road
map that would facilitate the implementation of the Act, especially
with regards to Non-Custodial Measures, adding that the country can
only get the best out of the Act when it is duly implemented.

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