PRISONERS RIGTH AND IT'S IMPLEMENTATION IN NIGERIA. - NOBLE SCHOLARS

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Tuesday, October 31, 2017

PRISONERS RIGTH AND IT'S IMPLEMENTATION IN NIGERIA.



                                            INTRODUCTION
Just like every other living being have fundamental human right protected by different laws of both international and national is also the case of prisoners. Prisoner’s right are protected by international conventions and laws of different nations. The only difference is that prisoners are not entitled to every fundamental right as enjoyed by a free citizen.
Prisoners are denied certain rights as a result of the custodian judgment passed on him or her by a court of law or as an accused facing trial in the court of law. A prisoner in custody is specifically subjected to restraint of movement and can, therefore, not have total assurance of enjoyment of the freedom of personal liberty under the law. Be that as it may, a prisoner who is observing the sentence of court by being in custody does not totally lose his rights as a human being and must, therefore, enjoy some basic rights despite being confined to prison. Some rights are denied the prisoners by the prison administrators. This examines the laws both at national, regional and international level that made provision for the right of prisoner. The following are the laws:
AFRICAN CHARTHER ON HUMAN AND PEOPLE’S RIGHT  
By virtue of Nigeria being a signatory to this very charter, its provisions are binding on Nigeria as a state. It provides that every individual shall have the right to enjoy the best attainable state of physical and mental health and state parties are charged to take necessary steps to protect the health of their citizens, and ensure that they receive medical attention when sick.[1] It provides that all forms of exploitation and degradation of man shall be prohibited and every individual shall be entitled to respect for his life and integrity of his person and no one maybe arbitrarily deprived of his right. it made provision of everybody having right to liberty and to security of his person.[2]  It provides under articles 2 and 18 (3) right from freedom of discrimination, under article 3 it provides right to equality of all human being. It further provides right to life and personal integrity, right to dignity and freedom from cruel, inhuman and degrading treatment, right to religion, right to access good health facilities and right to self –determination under articles 4, 5, 8,and 20 of the charter.

THE STANDARD RULES FOR THE TREATMENT OF PRISONERS
This law provides that inhuman or degrading punishment by placing in a dark cell and all cruel treatment is completely prohibited for disciplinary offences.[3] It further provides that punishment by close confinement or reduction of diet shall never be inflicted unless prescribed by medical officer and certified in writing. Punishment that maybe prejudicial to the physical or mental health of a prisoner is not allowed unless the medical officer recommends such and the medical officer shall visit daily such prisoner undergoing such punishment and shall advise the director if he considers the termination or alteration of the punishment necessary on grounds of physical or mental health.[4] It further provides right to good clothing to stay healthy and right to good feeding, right to exercise and sport.

THE EUROPEAN CONVENTION ON HUMAN RIGHTS .
The western states under the European convention on human rights are obliged to protect the right to life of everyone in their territory[5].this have been interpreted by the court to have three elements to wit are: the state should desist from causing unlawful death, the state should take preventives actions in relation to avoiding death, investigating death directly or indirectly,caused by negligence of state officials.
THE UNITED NATION COVENANT ON CIVIL POLITICAL RIGHTS (ICCPR)
The international covenant on civil and political right prohibits torture and inhuman, cruel treatment or punishment, without exception or derogation [6].it provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the person. It is also of the view that penitentiary system shall comprise treatment of prisoners,the essential aim shall be their reformation and social rehabilitation[7]. Therefore article 10 of  International Covenant on Civil and Political Right which was adopted and opened for signature, ratification and accession by general assembly resolution 2200A (xxi) of 16 December 1966,entry into force 23rd march 1976 in accordance with article 49 of principles proclaimed in the charter of united nations recognised right of prisoners from inhuman treatment and torture. it is also provides that family is the natural and fundamental group of the society and entitled to protection by society and state[8].this simply means prisoners have the right to family and correspondence even though maybe limited in scope .the article 4(1) (2) provides for the right to life, freedom from torture and slavery, freedom from retrospective law, right to personhood and freedom of thought, conscience and religion.while articles 12,13,17to 24 provides for procedural fairness in law in the form of equality before the courts, rights to due process, fair and impartial trial. The presumption of  innocence and recognition as a person before the law .
THE UNIVERSAL DECLARATION ON HUMAN RIGHT
The law just like United Nations International Covenant on Civil and political rights provides that everyone has the right to life and shall be protected by law. it also provides that no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence[9].this right is not restricted by being in imprisoned. It is dealt with in different jurisdiction in different ways as provided in Article 16 of UDHR.
   Article 1 and 2 of the charter provides that all human beings are born free and equal in dignity and rights ,endowed with reason and conscience and equally entitled to the rights and freedoms provided in the charter without discrimination, it also recognised the right against slavery, servitude and the right against torture, cruel, inhuman or degrading treatment under articles 3,4 and 5 of the charter.
PRISONS ACT CAP.P29 L.F.N 2010
This Act provides that though a prisoner maybe sentenced to prison with hard labour, but in the case the prisoner is not fit to carry out such labour as maybe directed by the superintendent of the prison where the prisoner is confirmed by the medical officer,may order any prisoner to be excused labour or performance of light labour shall be required   which he is must be certified in writing by the medical officer not to be fit.[10] It is therefore provide for the right to health of prisoners .its further provides that the director of the Nigerian prison service shall have general charge and where it appears to him that by reason of the outbreak of disease within the prison, by order under his hand direct that so many of the prisoners as maybe indicated in the order shall be kept in place which is outside prison and is specified in the order until such order is cancelled.[11] He is also charged under his power to make order for removal of prisoners in prison to a separate place where it appears to him that the number of prisoners in prison is greater than the  capacity it conveniently be kept at the particular prison [12] . He also has the power to remove any seriously ill prisoner confined in a prison to hospital.[13] The prisoners also have right to food, shelter, cloths ,and suitable beds unless convicted prisoners.
1999 CONSTITUTION OF THE FEDERAL REPULIC OF NIGERIA
The 1999 constitution of the federal republic of Nigeria, provides for certain rights,  to wit are:
A.     Right to life under section 33(1) that every person has a right to life and no one shall be deprived intentionally of his right to life, except in the execution of the court sentence in respect of criminal offence of which he has been found guilty in Nigeria. This imposes on both the state and individual to refrain from the intentional and unlawful taking of life save in the exceptions provided for in section33 (2). it also imposes on the state to investigate deaths caused by the actions or omissions of state agents or deaths for which the state might be responsible. the state under a positive obligation to protect the lives of persons held in prison or police custody as have been established in several judicial decisions that ‘where an individual is taken into police custody in good health but later found dead it is incumbent on the state to provide a plausible explanation of what happened to that led to his death as held in velikwa v Bulgaria.
B.     It provides that every individual is entitled to respect for the dignity of his person, no person shall be subjected to torture or inhuman treatment ,no person shall be held in slavery or servitude and no person shall be required to perform force or compulsory labour,section 34 (1) of 1999 constitution of Nigeria. Therefore keeping prisoners on awaiting execution or waiting for hangman amount to inhuman treatment or torture as held in uzochukwu v ezeonu. This amount to violation of their right to dignity of person.
C.     It further provides for the freedom of thought, conscience and religion. This gives the prisoners right to carry out their religious practices and prisoners should not be forced to carry out a particular religious practice.
D.    It provides also for the right to freedom from discrimination. it is of the view that a citizen of Nigeria of a particular community, ethic group, place of origin, sex religion or political opinion shall not by a reason only that he is such a person be subjected to discrimination. It also imposes on the prison authorities that prisoners should be treated equally irrespective of their tribe, political, opinion or place of origin. This is the provision of section 42 (1) of 1999 constitution of Nigeria.
E.     It made provision for any person arrested by the police have the right to remain silent from answering any question until after consultation with his or her legal practitioner or any other person of his choice. This is the provision of section 35 (2) of 1999 constitution of Nigeria.
F.      The constitution of the federal republic of Nigeria provides that every person who is charged with criminal offence shall be presumed to be innocent until he is proved to be guilty. see section 36(5) of 1999 constitution of Nigeria as amended. This is because they have not been convicted of any offence under the law.
G.    The 1999 constitution of the federal republic of Nigeria under section (6) (b) provides that every person who is charged with criminal offence shall be entitled to be given adequate time and facilities for preparation of his case and defence. this right is vested on the prisoner due to the interval between arrest, arraignment and the ultimate prosecution of suspects pending conclusion of police investigation or judicial trials.
H.    The prisoner also have the right to defend himself or be respected by counsel during trial. under section 36(6) (c) provides that every person who is charged with a criminal offence shall be entitled to defend himself in person or by legal practitioners
The prisoner also have right to fair hearing under section 36 of 1999 constitution of Nigeria.
In summary the following are the rights of prisoners in accordance with the above laws and charters.
1.      Prisoners who are not sentenced to death have right to life
2.      Right to freedom from discrimination and inhuman treatment
3.      Right to fair hearing
4.      Right to good clothing, shelter, food etc
5.      Right to access to good health facilities
6.      Right to defend himself in person or through a counsel
7.      Right to freedom of religion practice of the prisoners choice
8.      Right to good health
9.      Right to have access to his family etc

The above rights of prisoners protected by law are not properly implemented in Nigeria territory. The prisoners in Nigeria are mostly subjected to inhuman or degrading punishment by placing in a dark cell and all cruel treatment melted on them which is completely prohibited for disciplinary offences by the international laws which Nigeria is signatory to. The prisoners are also subjected to poor feeding leading reduction of diet and also poor clothing facilities of the prisoners which are infringement on the right of prisoners are obtainable in Nigeria. The right to life, freedom from torture and slavery, freedom from retrospective law, right to personhood and freedom of thought, conscience and religion, procedural fairness in law in the form of equality before the courts, rights to due process, fair and impartial trial, the presumption of innocence and recognition as a person before the law are all constitutional provision of Nigeria are to some extent implemented and accorded on the prisoners. But still many inmates in Nigeria prisoner have number of year almost more than the punishment of the accused offence but are still under awaiting trial while some have being tried and convicted and they all mix up in one prison.


[1] Article 16 (2) of the African charter on human right
[2] Ibid.ARTICLE 4 AND 6

[3] RULE 31of the standard minimum rules for the treatment of prisoners
[4] Ibid.rule 32
[5] Article 2 of ECHR
[6] Article 7 ICCPR
[7] IBID.ARTICLE 10
[8] Ibid.article 23
[9] Article 12 UDHR
[10] See section 4 of CAP.p29 L.F.N 2010
[11] Ibid.section5 (2) (b)
[12] Ibid.section 5 (2) (a)
[13] Ibid. section 8 (1)

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