Jafa’aru Ahmed, the Controller-General of the Nigeria Correctional Service (NCS), has revealed that 2,742 Nigerians are currently on death row across remand facilities in the country, noting that the approving authorities are working to either approve their execution or to commute them to a life sentence.

Explaining major changes in the provisions of the new Act at a press conference, Thursday in Abuja, the NCS CG said the new Nigeria Correctional Service Act, recently assented to by President Muhammadu Buhari, would help address anomalies that have plagued the service.

For instance, he said the NCS Act allows a judge to commute to life imprisonment any death row inmate who has waited agonisingly for up to ten years without an execution, as well as allows NCS officer to reject detainees who are mentally unbalanced.

According to him, there are at present 13 lunatics in its Correctional facility in Enugu, adding that with the new law, the service now has the power to reject mentally unstable suspects.

“As of Monday, September 2, the service had 2,742 inmates on death row. We are compiling their list and I am sure a good number of them have exhausted their appeal and are waiting for the approving authority to either approve their execution or commute them to a life sentence.

“The law also talks about the rejection of lunatics. Right now, we have 13 lunatics in our Enugu facility”, said Ahmed.

He disclosed that the new bill also has provision for the building of separate facilities to cater to female inmates as opposed to the present situation where a section of a given facility is carved out to serve as a women wing.

Jafa’aru explained further that the intractable problem associated with overcrowding in remand facilities have been adequately addressed in the new Act.

“The new Act now provides a statutory procedure for rejecting inmates on account of lack of space. Sect. 12 (4) states; where the Custodial Centre has exceeded its capacity, the State Controller shall within a period not exceeding one week, notify the: Chief Judge of the State; the Attorney General of the State; Prerogative of Mercy Committee; State Criminal Justice Committee; and any other relevant body.

“Sub-section (7) states; upon receipt of the notification referred to in subsection (4), the notified body shall, within a period not exceeding three months, take necessary steps to decongest the facility if it must accept more inmates.

Then subsection (8), specifically empowers the State Controller of Correctional Service in conjunction with the officer-in-charge of the facility, to reject more intakes of inmates where it is apparent that the Correctional Centre in question is filled to capacity” he stated.

On the death row, the NCS boss said: “The new Act has brought succour and hope to inmates on death row. Previously, this category of inmates lives under the suspense and mental torture of death which the appropriate authorities would neither sign nor easily commute to life imprisonment.

“Section 12 subsection 2 (c) of the NCS Act now provides that where an inmate sentenced to death has exhausted all legal procedures for appeal and a period of 10 years has elapsed without the execution of the sentence, the Chief Judge may commute the sentence of death to life imprisonment.

“To further humanise incarceration, the NCS Act, 2019 now forbids the use of correctional facilities for indiscriminate dumping of persons without due regard to their state of health or age. Section 13 subsection (3) states; A Superintendent shall refuse to admit persons brought in: with severe bodily injury; Who is: mentally unstable, or in an unconscious state of mind, or underage.

“Subsection (5) has addressed the age-long challenge of stigmatization as trained offenders who demonstrate a high level of penitence can now be issued with a certificate by the Chairman of the Board on the recommendation of the CGC. This enables him to engage and compete for social recognition without the toga of “ex-convict”. It states;

The Correctional Service shall provide opportunities for education, training in vocations as well as training in modern farming techniques and animal husbandry for inmates.

“Subsection (5) reads; the Controller-General may recommend to the Board for the issuance of certificates of good behavior upon discharge to an inmate who had demonstrated good conduct, including those who have acquired training through formal and informal education aimed at facilitating their reintegration. And Subsection (6) provides that a person who is issued with the certificate of good behavior shall not be discriminated against on the ground of his custodial sentence.”

On provision for inmates feeding and its adequacy, which has always been a subject of concern, Ahmed said section 30 subsections (1) & (2) state categorically that; “There shall be for the Correctional Service funds appropriated for inmates’ feeding as provided by the Government.

“Subject to section (1), the cost of feeding reviewed at a period not exceeding five years from the date of last review or as the national economic circumstance permits.”

The NCS Act he said also accommodates the peculiarities of women by providing for a separate facility for them in every state as against the old practice of having a wing carved out for women within a general facility. Here, the medical and nutritional needs of expectant/nursing mothers are given special attention, including the provision of a crèche.

“Section 34 (1) – (3) states; There shall be a separate facility for female inmates in all States of the Federation; The Correctional Service shall provide all necessary facilities to address the special needs such as medical and nutritional needs of female, including pregnant women, nursing mothers, and babies in custody.

“Subsection (2) includes the provision of a crèche in every female custodial centre for the wellbeing of babies in custody with their mothers, and prenatal, antenatal health care and sanitary provisions for female inmates.

Related to this is section 35 (2) that provides for the establishment of female Borstal Institution to cater for juvenile female offenders in need of custodial treatment. This is a significant relief to the Correction Service as young female offenders will now have a separate facility suitable for their reformation and rehabilitation.” (Independent)

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