Daily Law Tips (Tip 474) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
HOW TO ESTABLISH AND CLASSIFY CUSTODIAL CENTERS (PRISONS) IN
NIGERIA.
Ever thought of how custodial centers (prisons/detention
centers) are made in Nigeria. As stated in my previous
publications, detention centres (cells, guard rooms) in religious
centers, estates, palaces and government houses are illegal. Yes,
not every government/security agency’s building is a lawful
custodial/detention center. Below is how lawful custodial centers
are made in Nigeria.
First of all, Custodial Center is a place where individuals
sentenced by the court requiring imprisonments are kept or those
remanded in custody by the order of the court are kept and means
same thing with “Custodial Facility”.
The Minister in charge of Nigerian Correctional Services
(formerly, Nigerian Prisons Service) is to declare via a Federal
Government Gazette, any public building with requisite facilities
in an appropriate location within Nigeria as a Custodial Center
including its landmass and environs. Such building must have good
sleeping accommodation that meets all health requirements and also
have adequate floor space, lighting, ventilation, water and
sanitation amenities. Such building being declared as custodial
centre encompasses the ground and buildings within its
enclosure.
As from 2019, No structure can be erected within 100 meters of
the outer limit of any custodial centre land as designated by the
beacon in the survey plan. Also, the Minister must declare the
category of each custodial center in Nigeria via a Federal
Government Gazette.
My authorities are sections 9, 46 and 47 of the Nigerian
Correctional Service Act, 2019.
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