CHAPTER 4: - Right to Personal Liberty: - Article 6.
1.
Constitutional and Administrative Measures
Section 35 of the 1999 Nigerian Constitution guarantees the right to personal liberty and
no person shall be deprived of such liberty except in accordance with the qualifications
provided by law; for the limit within which to bring a suspect to the competent court of
law; and for compensation and public apology to a wrongfully detained person.
2.
Prison Decongestion and Reform Initiative of the Federal Government: 2008-16
The Nigerian Prisons Service has gone through a lot of reforms designed to make
the institution meet contemporary assessment in terms of best practices. The prisons
infrastructure which includes cells, offices, workshops and even the immediate environment,
which a few years ago were as oppressive to both prisoners and staff alike, have now been
rehabilitated. This rehabilitation also included the building of new prisons, the expansion and
modernisation of old ones and the building of new and modern cells to contain the pre trial
detainees in humane conditions It is estimated that close to 45 percent of the old prisons
infrastructure in Nigeria have received a face lift. That is in addition to eight new prisons
completed and commissioned between 2008 and 2011.
The NPS has also upgraded its medical facilities to ensure that prisoners have
access to Medicare in custody. For this reason prison hospitals have been built in Kuje,
Owerri, Makurdi, Port-Harcourt which together with the existing ones in Lagos, Kaduna and
Bauchi prisons provide medical services for sick prisoners. In addition, the collaboration
between the prison and NACA has led to HIV/AIDS management strategy that has reduced
the prevalence in the prison.
The NPS has also started the Adult Remedial Educational Programme (AREP),
through which prisoners who are interested in continuing with their education are given the
opportunity to do so. The NPS is collaborating with the National Open University of Nigeria
(NOUN) on this project and as at today, there are up to 35 registered undergraduate
prisoners studying various courses with NOUN.
On the issue of manpower development, the NPS has reorganized its training
infrastructure to be in tune with current trends. The training manual has been reviewed in a
collaborative effort with the United Nations Office of Drugs and Crime, (UNODC) Nigeria.
This new manual contains the whole gamut of NPS training curriculum and the best part of
it is its human rights slant.
The major challenge has been the high level of awaiting trial prisoners in the system.
There are 240 prison facilities in Nigeria (138 main prisons, 85 satellites, 14 Farm centres,
3 Borstal institutions). The staff strength of the NPS is 28,065. With the imminent retirement
of many officers in the period 2014-2016 this number may drop by as much as 4,000. The
majority of persons in prisons are remand prisoners. The total prison population (as at
March, 2016) is 61,527 broken down as follows: Male 60,567, Female 960. Total number of
convicts 17,633, 45,864 are Awaiting Trial Persons. The rate of overcrowding in Nigerian
prisons in general is 70%, however there are specific prisons with overcrowding rate of 90%.
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