How to reclaim rights and dignity of prisoners in Nigeria, by Balikis Anoba

Nigeria’s inmate population presently stands at 84,738—27,217 convicted inmates and 57,521 awaiting trial.

Article 5 of the African Charter on Human and Peoples’ Rights states that “Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status.”

Unfortunately, this fundamental right is consistently violated in the Nigerian correctional service (NCoS).

Nigeria’s inmate population presently stands at 84,738—27,217 convicted inmates and 57,521 awaiting trial.

This number continues to rise, further straining the already overcrowded facilities. Consequently, Nigerian prisons remain in a state of disrepair, denying inmates their fundamental rights and dignity.

To address these issues, Nigeria must reform its justice system through restorative justice to significantly reduce overcrowding, facilitate timely justice, and uphold inmates’ rights to dignified living conditions.

Restorative justice is a flexible approach that facilitates conversations between victims and offenders, with their mutual consent, to address and mend harm through open dialogue.

It adapts to the specific needs of the participants, case, and circumstances. Three principles are crucial to its implementation.

First, it views crime as a personal conflict that harms individuals and communities rather than just a state violation. Second, it aims to restore community peace through reconciliation and reparation.

Third, it emphasizes the active involvement of victims, offenders, and the community in resolving conflicts between the parties involved.

The designed capacity of Nigeria’s 253 custodial centers is 57,200. However, the current population has surpassed this limit, with an excess of almost 27,200 inmates.

This severe overcrowding is primarily due to the staggering 68 percent of inmates who are still awaiting trial.

The excessive number of pretrial detainees places a significant financial strain on the state, burdening taxpayers unnecessarily.

Restorative justice provides an effective way to reduce overcrowded prisons by offering alternatives to incarceration, particularly for juveniles, non-violent and first-time offenders.

These alternatives may include conferencing and community-based programs. Conferencing involves a facilitated meeting between offenders, victims, supporters, and law enforcement, resulting in a legally binding restitution agreement, such as monetary compensation, community service, or other forms of reparation.

Community-based programs focus on education, vocational training, counseling, and mentorship, helping individuals tackle underlying issues and reducing reoffending chances.

These alternatives alleviate the financial burden on the state by reducing the need for costly imprisonment.

To implement these measures, the government must integrate restorative justice into Nigeria’s criminal justice system (CJS) by establishing a robust legal and policy framework.

While some states have adopted restorative programs, a nationwide expansion through a dedicated Restorative Justice Act is necessary for full implementation.

Police officers have a history of intentionally sending suspects to jail when families refuse to offer bribes or when evidence and witness testimony are insufficient to support allegations.

Such practices infringe on their fundamental rights to a fair trial and contribute to delays in justice.

Restorative justice initiatives can act as a catalyst for a more equitable justice process, curbing the opportunities for police corruption that lead to unjust incarcerations.

This process minimizes the role of police in resolving these cases, thereby decreasing opportunities for corrupt practices such as bribery or coercion that can occur when law enforcement is heavily involved.

Restorative justice centers should be established in collaboration with non-governmental organizations and private stakeholders in the judicial sector.

Restorative justice offers a powerful remedy to the entrenched failures of Nigeria’s punitive criminal justice system.

By focusing on rehabilitation over retribution, it directly addresses the degrading conditions faced by prisoners, particularly non-violent offenders, who are often confined in overcrowded, disease-ridden facilities.

These individuals, some of whom are first-time offenders, deserve a chance to reintegrate into society rather than be condemned to a system that strips them of their humanity.

Restorative justice shifts the purpose of the justice system from one that simply punishes to one that heals and restores, offering offenders the opportunity to make amends and empowering victims by including them in the resolution process.

This approach not only protects the basic rights and dignity of inmates but also fosters a more just and humane society, where the justice system serves as a vehicle for rehabilitation, accountability, and lasting social change.

Balikis Anoba is a writing fellow at African Liberty.

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