Published On: Mon, Nov 25th, 2019

Correctional centres can reject persons awaiting trial- AGF

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By Vivian Okejeme, Abuja

The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has told officials of the Correctional Services (Prisons) that they have powers to refuse to keep in their custody persons awaiting trial.

Malami said, with the aimed at tackling overcrowding in the prisons, the Prisons can refuse the person if relevant agencies of government failed to address the issues of such inmates within a period of three months.

Malami, made this known while declaring open the first National Workshop on the Effective Implementation of the Nigerian Correctional Service Act.

According to the AGF, the Correctional Service Act, which is a fallout of ongoing reform, is aimed at decongesting prisons which its 70 percent of the inmate are awaiting trial for more than ten years, as well as equipping inmates for a better life after prison.

“We consider the Nigerian Correctional Service Act, 20l9 very critical to the administration of Criminal Justice in Nigeria for quite a number of reasons.

“In the first place, it is our much-awaited legislative wand for bringing to an end the hydro headed problems associated with overcrowding and prison congestions in the country.

“With this Act in place, we now have the much needed legislative backbone for the comprehensive implementation of the national policies and strategies for prisons decongestion in Nigeria and I cannot but give credit to Mr. President for his demonstrable commitment towards the speedy decongestion of Nigerian prisons, now Correctional Centres,” he said.

Further in his speech, Malami hinted some of the innovations in the new Act which included section 18(2) which empowers prison officials to reject inmates suspected to have undergone torture or other inhumane treatment in the hands of relevant agencies.

”By virtue of section 18 (2) of the Act, upon the delivery of the notification under section 18 (I) (d), the state controller shall cause to be activated, the procedure for refusal to admit awaiting trial persons to his custodial centre, where the heads of the relevant agencies notified fail to take necessary steps to address the situation within a reasonable time not exceeding three months.

“A Superintendent shall refuse to admit any person brought in with severe bodily injury, mentally unstable or underage provided that the Superintendent shall ensure due documentation of the name, date and other particulars relating to the person that was refused admission.

“Under the new dispensation, the Correctional Service is obliged to take adequate steps to ensure the prevention of torture, prevention of inhuman and degrading treatment against inmates and the prevention of sexual and non-sexual violence and bulling of inmates.”

He concluded by informing that the workshop is meant to sensitize participating Justice Sector Institutions and other stakeholders on their roles towards the proper implementation of the Nigerian Correctional Service Act, 2019.

 

 

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