*Says 33,692 awaiting trial, an indictment on Nigeria Judicial
system
system
*As FG spent N8.723bn on prison decongestion in 5 years – Adoke
By Henry Umoru & Inalegwu Shaibu
ABUJA – SENATE President David Mark declared, yesterday, that plea bargain has only been beneficial to the high and mighty in the society, just as he stressed that it has been used to protect the nation’s big men even when the crime committed was heinous.
Mark who spoke at a public hearing organised by the Senate Joint Committee on Judiciary, Human Rights and Legal Services; Interior and Police Affairs on Plight of persons Awaiting Trial in Nigerian Prisons, said that a situation where statistics have it that 33, 692 out of the 48,124 Prison inmates were awaiting trial was an indictment on the nation’s judicial system.
The Senate president’s position came on the heels of senators’ claim that N8.72 billion has so far been spent on prison decongestion from 2006 till date.
Represented at the event by the Senate Leader, Senator Victor Ndoma-Egba, Senator Mark noted that the statistics of awaiting trial suspects was incredible and unacceptable in a country where the law presumed an accused innocent until he was found guilty.
Meanwhile, the Minister of Justice and Attorney General of the Federation, Mr. Mohammed Adoke, at the hearing told the Committee that the Federal Government has so far spent over N8.723 billion on prison decongestion between 2006 and 20011, even as he lamented that the programme has failed because more than 80 percent of inmates in Nigerian prisons were still awaiting trial.
Desirability of plea bargain
The Senate President said: “We have been following arguments about the desirability or otherwise of the plea bargain. It is not my intention to join the controversy. I am aware of section 180 sub section 1 of the criminal procedure. It provides for a number of charges and somebody has been convicted of the most serious of those charges. Those who are for plea bargain said it has its origin in that section 180. Those who are opposed to it said that you cannot compound felony. They say plea bargain amounts to felony.
“But in the EFCC Act, there is a clear provision for plea bargain. The issue is not whether plea bargain is desirable, in this time when we are looking for creative ways to reduce the number of awaiting trial persons in our prisons.
“I think the issue is how plea bargain has been used. Has it been used to meet the ends of justice? How come it is the high and mighty in society who are beneficiaries of plea bargain? I think the public perception is that it has been used not to serve the ends of justice, but to protect the big men in our midst and who have committed crime far more heinous than those who are awaiting trial in our prisons.
“Now that we are coming with justice sector reform, I think we must use this opportunity also to come up with guidelines or suggestions that will address the issue of plea bargain to make it serve the ends of justice and not to protect the big men in our society.”
Speaking further, the Minister of Justice, who blamed the Nigerian Police Force and the Justice Ministry for prisons congestion, however, explained that the Police indiscriminately arrest and detain people for minor offences, without proper legal machineries to prosecute the cases.
He said: “Approximately 80 percent of inmates in Nigerian prisons were Awaiting Trial Persons. There are over 40, 000 ATPs in the prisons most of whom are standing trial for the offences of armed robbery and culpable homicide.
“Factors responsible for the high ATP population in Nigerian prisons are multifarious and diverse, the most prominent factor appears to be the incessant arrest, arraignment and detention of persons especially for non-capital offences by the police. It has been argued with reasonable conviction that most of the ATPs had no business being in prisons, if care was taken to properly and dispassionately evaluate the offences or allegations made against them.
Negative consequences
“The swiftness with which suspects are taken to court to obtain remand orders by the police without proper investigations often lead to the abandonment of such suspects in prison custody with attendant negative consequences on the congestion of prison. Closely related to these factors are reported cases of indiscriminate transfer of Investigating Police Officers and absence of witnesses which contribute to trial delays and congestion in prisons.
“In addition, it has been observed that prosecuting agencies including the Ministry of Justice have not been efficient and effective in the discharge of their prosecutorial mandate. This has in many cases, foisted upon the courts a state of near helplessness.”
Adoke advocated for commercialization of prisons and the review of the constitution to remove prisons from exclusive legislative list to curb prison congestion in Nigeria.
He noted: “The need to alter the provisions of the constitution to remove prisons from exclusive legislative list to allow states with the requisite resources to build and operate state prisons or licence the private sector to provide such facilities on commercial basis. Aggressive job creation and social safety nets must be provided to keep the active segment of the population away from crime.”
On the money spent on prison decongestion, he said: “N5.859bn was budgeted for this programme. For the first three years of this programme, there was no appropriation but the amount of money spent was from service wide votes. The amount spent was N8.723 billion.”
SOURCE: Vanguard Newspaper, 3 April 2012. http://www.vanguardngr.com/
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