‘NCS Act 2019: Bold step towards international standards’
Dr. Uju Agomoh, a lawyer, psychologist and scientist, is the Executive Director, Prisoners Rehabilitation and Welfare Action (PRAWA). With over two decades of experience in prison work, she and other Nigerians see the passage of the Prison Bill into Law as a novel event. Dr. Agomo is pushing for full implementation of the provisions of the Nigerian Correctional Service Act signed into law by President Muhammadu Buhari a few weeks ago. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, she discusses the challenges of the old law and the innovations in the new one.
You are so passionate about prisoners’ welfare. What ignited your interest about the prisons, prisoner’s welfare business?
I don’t know about business in the first instance. But in terms of idea, I could really trace it back to my husband. It started when I was doing my first degree in psychology. I had gone to the Yaba Psychiatric Hospital, Lagos to look for research materials because of the area I was researching on and there, somebody told me that I needed to see Dr. Ahamefula Agomoh, that if I could see him, he would be able to point me in the right direction so that I would know which and which materials to look for and the exact areas that I should read.
What happened when you saw him?
When I met him, he was extremely helpful. He told me that he was going to send some materials to me. When I wanted to pay for it, he said no, because he didn’t know the number of pages that he was going to photocopy. At the end of the day, he kept his words. I got the materials from him and made the best results in project at the University of Jos at that time. I had a very good result in my first degree and when I came back from the university, my father said, ‘Have you gone to thank this doctor that was helpful to you so that next time he would be encouraged to help other people?’. So, when I went back to thank him he said, “when they send you to a place of primary assignment, let me know”.
He became very excited when I later told him that I was posted to work with the Police. The first was then doing the Youth Service with Nigerian Police, Ondo State command. We had to do a research of all the persons that were in Police detention and the Prisons in the then Ondo State. Prior to this time, during my holiday periods, I used to work with a small private security outfit that was run by a former Commissioner of Police, Rivers State.
What was the result of the research?
Now, the result I got from that research shocked me. It didn’t matter to me whether those people in detention were guilty or not. They were people who were vulnerable; they had little education, job skills, drug abuse and all sort of things; so, I felt that the society needed to do something more around this to ameliorate their sufferings and give them justice. Dr. Agomoh, who later on, I got close to and got to marry is a psychiatrist. He used to go to Kirikiri Prisons every Thursday to provide psychiatric assessment for some inmates. He started pointing in that direction for me, that was how I knew about Prisons and started visiting them. And I felt, these people should start thinking of how to help and support them.
What were the initial challenges in starting this project?
When I started on December 16, 1994, I had just come back from the University of Cambridge where I went to do an M. Phil in criminology, in August 1994, I got married that August 1994 and just felt that I needed to start doing something, so by the time I went round trying to see if I could find an organisation that would employ me to do this kind of work, I was having a challenge in that first three months when Nick Essiet asked me to set up a Non- Governmental Organisation (NGO) since I couldn’t find an NGO doing the kind of thing I wanted to do. Essiet is the founder of Action Health Inc.
How did you get sponsors for your projects?
When we started, remember that there was no subvention, money. I had nothing to type my letters and proposals. Sometimes my husband or his friends would help me. Then I would go to the Prison Training School in Kirikiri, look at its time table and provide them some training. I started doing some low cost activities. I was not on a salary. From the funds I got from my husband and relations, I did some jobs for the prisons. I recall that my first proposal was approved by the British Council. They said they would approve the grant but because they didn’t know me or PRAWA, they would give the money to another organisation but they would implement it. That actually happened and that was the first time we had a meeting, in Ibadan, of the people who were working in the NGO sector. From there we moved on and over time, people began to see the quality of our work.
How did you get on with the projects?
At this time I already had a first degree in Psychology. I had three Masters, one in Clinical Psychology and an M. Phil from Cambridge in Criminology. There was some little knowledge base. I brought some executive committee members. We had lawyers, political scientists and all of that. Nobody was paid. After a little while we got about three staff some of whom were on part time. And then, my husband was giving me money to pay them. I was not on salary, but only thing I could say is consistency, focus and the other point was that we started looking for activities that we could do without looking for big money, things that were not costing so much and things that did not have any cost at all. After that phase, we started getting grants. The first we got from the British Council, the British High Commission. The British High Commission funded our firs project on human rights in prisons. And there were a few others from the Austrailian Embassy, the Irish Embassy etc. But in all these, one thing was key- no matter how little the funds were, we accounted for them. We were very meticulous in making sure that we had no problems with our documentation and all of that. In a foreword to one of the manuals, the Prisonlink Manual, written by the British High Commissioner to Nigeria, he said PRAWA is struggling with shoe string budget could do so much. By that time we had trained over 2,000 persons on human rights.
What really made you different and how were people responding to your projects?
With time, some of those things started speaking for us. The issue of documentation because you could have a project and the project life span could last for two to three years, for instance or even one year, but one of the strengths we had was that we made sure that in almost every budget, there was something that could stay on beyond that project, so we have produced a lot of training materials that can last for a long time. As I speak to you, we have over 60 publications and 79 projects. This year is our 25th year. We have been able to build that level of knowledge. It was not easy, but we have been able to go thus far.
Can you give us highlights of the sections of the Correctional Act that impresses you most?
In fact, all the sections of this Act impress me, but Section 1 of it provides that the Act shall comprise non-custodial and custodial services. This impresses me because of the fact that there is a clear provision for the custodial and the non-custodial components of the Correctional Service. What is new is not the custodial because we have always had it. What is new is the non-custodial. I was so happy that we have this provision in our laws because the whole of part two of the law is about the non-custodial provisions. Beyond that, if you go to the objective section, which is Section two, the second part of the new law is also about ensuring that there is platform for the non-custodial implementation. Also, within that same law, it provides that the Deputy Controllers-General, which the law increased from six to eight, one of must be in charge of the non-custodial. This is also wonderful because it provides a platform for the coordination of the non-custodial provisions. Both at national and state levels through the committee on non-custodial measures. It also provides for the funds in Section 44 of the Act of the non-custodial measures.
What are the benefits of this non-custodial services?
With this non custodial, petty offenders would not need to be in prison because it is a very foolish thing for us to do keep doing what we were doing, such as clamping petty offenders in the same place with hardened criminals. As a result, we were breeding more criminals. Some of them might be innocent and are very vulnerable and you keeping them together with those hardened ones. Who will know about them? They will exchange contacts and they will begin to teach and use them for more grievous offences. The non-custodial sentences will, apart from preserving petty offenders, also save money for the government. Government’s money could be better utilised instead of using same to feed awaiting trial inmates. Using it constructively, you push some of these people out there working for government instead of government feeding them with public funds. Above all, you still retain the facilities and your contacts. They enhance convicts reintegration.
What do you mean by this reintegration?
It means that if they had a job, they would still keep it. If they had accommodation, they would keep it. They still relate and interact with their family and extended family members. This way, the chances of sliding into criminality will be remote. It will amount to reduction in the offending behaviour. The fact that this particular piece of legislation announces its compliance with international human rights standards and correctional best practices is really commendable.
Which sections really provide for that?
If you go to Section Two, which talks about the objectives of the Act, the very first objective it mentions is that this will be compliant with international human rights standards and, most importantly, we need to remember the United Nations minimum rule for the treatment of prisoners which we call the Mandela Rules, Bangkok Rules, the UN minimum Rule on the treatment of women offenders, which I called the Bangkok Rules, the UN Convention on torture, cruel and inhuman treatments, which is UNCAT and UPCAT. Provisions that are very very amenable, I don’t want to go and begin to talk of the Universal Declaration of Human Rights, International Convention on Civil and Political Rights and so on. By making that bold statement, the new law introduces human rights in the lexicon of legislation guiding the prisons. It was not there before.
What are the human rights element in the Act?
This Act makes human rights a critical factor that every process of the correctional service should address. You will see that some of the provisions align themselves to this; for instance, the provision on labour, which states that inmates’labour should not be afflictive. It used verbatim words from the Mandela Rule in terms of that section. In Section 9, in terms of the powers that the minister has, to declare a place or gazette a place as a Correctional Centre, it has always been there. In the old law, we had it but the difference now is the proviso, which stated that such a facility must have ventilation, space, and water, sanitation and so on which is good. It shows human feelings. There are different mechanisms for oversight and monitoring and the functions of the prison visitors, inspectorates and process in the prisons actually support the spirit and letter of that law. Now you keep hearing of the word humane in the Act that one alone is very good. You will no longer find words that are derogatory in the Act, which shows a certain level of sensitivity.
What other novel provisions do we find in the Act?
The provision for separate facility for women, a requirement for pregnancy test within 14 days and so on, are all novel provisions of the new law. The mandatory requirement for creche in every facility that accommodates female inmates is also novel and wonderful. Because the children are not the criminals, so they should be free and operate freely in the Correctional Centre as contained in Section 34 of the Act, Section 14 talks about rehabilitation so for all monies made by the facility shall be divided into three one for the institution, one goes to Federation account and one goes for the inmates same Section provides for certificates of good behaviour and so on. S. 12 (4) provides for the Suprintendent to alert that Chief Judge, the Attorney-General of the Federation (AGF), the state prerogative of mercy the the facility has accommodated inmates to its maximum capacity.
The law states that these people who were so informed should do something within three months depending on what they deem fit in the circumstance not to send more inmates to that correctional facility. Same Section 12 empowers facility managers to refuse accepting inmates into the facility after the early warning signal to say I will not take more inmates. I will not take acts like checks and balances. It provides that if the superintendent refuses to say I will not take after three months he will be sanctioned.
What other provisions are there?
Also, there is a new provision dealing with the training of staff, which was not there in the old law. They have one now on non-custodial measures. In the new law, we have a security of tenure for the Conmptroller -General and other staff of the Correctional Centres. The challenge is that we need to implement the law, we need to track it. There is going to be a standing order, which will help to perationise these laws.
How did you get this bill passed into law by the National Assembly?
There have been several attempts, almost 19 years ago by many people to amend or repeal the Prison Act Cap. P29 Laws of the Federation 2004, yet none of those efforts yielded positive results. For this particular project, it was something started and concluded by the Eighth Assembly. In the Eighth Assembly, both Houses’ committees on Interior; that is, the House of Representatives and the Committees on Interior from the Senate had public hearings and at the public hearings. It happened that we had four bills before the House of Reps, they spoke on different things concerning corrections. And then, you had four other bills before the Senate on different things relating to prisons and repeal.
I think it will be useful to mention the bill for you to see how the content of this law was arrived at. When you see the title, you will appreciate how it was formed. First, let’s start with the Senate. We had one bill that was sponsored by a Senator. We had another by Senator Moh’d Shaab Lafiaji Senate – Bill 125 (SB. 125), a bill for an Act to Repeal the Prisons Act Cap. P 29 Laws of the Federal of Nigeria, 2004 and Enact the Nigerian Prisons and Correctional Service, To Make Provisions for the Administration of Prisons in Nigeria; The Awaiting Trial Persons and for Related Purposes, 2019.
Senator Oluremi Tinubu: Her bill was Senate Bill 191 (SB. 191) – A Bill for an Act to Amend the Prisons Act Cap P. 29 Laws of the Federation of Nigeria, 2004 to provide for a Mother and Baby Unit for the Care of Female Prisoners, who are Nursing Mothers and their and for Related Matters, 2018.
Senator Babajide Omoworare: the number of his bill was Senate Bill 288 (SB 288). A bill for an Act to Repeal the Nigerian Prisons Act 478 Laws of the Federal of Nigeria, 2010 and make comprehensive Provisions for the Administration of Prisons in Nigeria; and for Related Matters, 2018
Senator Gershom Bassey, the number of his bill is Senate Bill 308 (SB 308). A Bill for an Act of establish a Correction, Reformation and Reintegration Centre to provide support services for prisons in the Area of Reformation, Reintegration and Youthful Offender Programming; and for Related Matters, 2018.
In the House of Representatives we had a bill from: Hon Henry Nwawuba; the number of his bill is House of Representatives bill, 487(HB. 487). A Bill for An Act to Establish the Special Maximum Security Prisons for Persons Accused or Convicted of Terrorism, in surengency, Kidnapping and Other Crimes Against the State and for Related Matters.
Hon Ochigiegor Igagbo (A Bill for An Act To Establish a correction, Reformation and Reintegration Centre to provide support services for Prisons in the area of Reformation, Reintegration and youthful Offender Programming; and for Related Matters (HB)
Hon. Danburam Abubakar Nuhu ((A Bill for an Act to Repeal the Prisons Act Cap P. 29 Laws of Federation of Nigeria, 2004 and Enact the Nigerian Prisons And Correctional Service, to Make comprehensive Provisions for the Administration of Prisons in Nigeria; and For Related Purposes, 2016 (HB S 160)
Hon Johnbull Shekarau (A bill for an Act to Provide for Regulate Community Services for Offender in Certain Cases and to provide for Related Matters, 2016 (HB 517).
Following the Public Hearing by both the Committee of Interior of the House of Representative and the Senate in late 2017 and early 2018, technical retreats were held in April 2018 for the Committee on Interior of the House of Representatives in April 2018 in Enugu and the Committee on interior of the Senate in July 2018 in Lagos respectively to review to the draft harmonised bill.
Following these, the bill was passed by the Senate and House of Representatives on December 20, last year. By April 2019, the President declined assent and requested some modifications, which were effected and on May 8, the Senate passed the Bill reflecting the amendments. This was then forwarded to the President on July 22 and assented to by Mr. President in August 2019.
You noted lack of coordination as a challenges of the criminal justice sector. What do you mean by this?
Coordination operates at various levels. The notion of intra-agency coordination, the arresting unit is not coordinating with the prosecuting unit. You cannot understand this. They cannot do this even to give leadership to the investigators in terms of what evidence they need to gather that can help prove the case is critical. So, the prosecutor and the investigators need to work side by side. Whether they exist in the same agency or they don’t exist in the same agency is immaterial. This is very critical whether in the Police it is very critical. While dealing with intra agency coordination, it is even more critical in inter agency coordination to the extent that they do not even input into the budget of these agencies so you have agencies that have budgets but the budgets were not intelligently led, they were not let led intelligently to appraise and accommodate all that they need, assessment of what budget they need to meet those needs so you see that problem.
How does it involve budgeting?
Even when it is even budgeted, it is not released or released on time, when it is released, it is not utilized for what it was budgeted for, and then nobody accounts for anything and then you find out that whole issue of coordination whether intra or inter between two agencies or multi sectoral coordination is becomes a problem. The next is the issue of oversight and accountability, how much of the internal mechanisms of oversight and accountability have we put in place. How much of the independent external oversight and accountability have we put in place, people violet laws if they believe that the chances of being caught and prosecuted is very weak. And these happen everywhere so, behaviours work on incentives both negative and positive incentives. So, if we want people to behave well there must be some quantum of compensation and if you don’t want them to behave in a certain manner, there must be some repercussions in terms of punishment and all that that is really important.
What do you mean by this?
If you start from the point of arrest as I have said to the point of prosecution, you then you have to talk about the notion of the judiciary, how independent is this judiciary? How do you assess the workload of judges? How do you assess success in terms of completion of cases which is also important? What of the things contributing to delay in terms of adjournment of cases? PRAWA did a research on the causes of adjournment both in the High Courts of the Federal Capital Territory (FCT) and some of the courts in Enugu State. You will be shocked to find out that the bulk of the reason was from the prosecutors, delay in the course of prosecution is because either they were not in court, or they did not produce their witnesses and so on. Others also have their own issues but I’m talking about the quantum, now we also have to talk about defense lawyers, how many of these people have lawyers? How many of them know that they have right to lawyers? When you talk about having lawyers, it is also instructive to know that access to legal representation also includes the quality of such legal representation. We did a survey.
Who did the survey and what was the result ?
PRAWA and the Nigerian Prison Service did a survey which was presented on the first of February 2018 by President Muhammadu Buhari who was ably represented at the event by the then Minister of Interior. What we found out was the fact that over 50 per cent of the persons who were in the Prisons, did not have legal representation and of those who had legal representation, close to about 54 per cent of them said that they did not like the quality of the legal representation they had.