The Senate has consolidated 3 bills seeking to repeal the Prisons Act CAP P29 2004 and proposed the enactment of a Nigerian Prisons and Correctional Services Act at its plenary on Wednesday, 26th October 2016. The Bills are: Prison Act 2004 (repeal and re-enactment) Bill, 2016 sponsored by Sen. Moh’d Shaaba Lafiagi; Prison Act 2004 (repeal and re-enactment) Bill, 2016 by Sen. Babajide Omoworare and Prison Act 2004 (Amendment) Bill, 2016 by Sen. Oluremi Tinubu.
Speaking on the Bill to make provision for detainees awaiting trial in Nigerian prisons, Sen. Moh’d Shaaba Lafiagi (APC:Kwara) stated that the problems emanating from prisons administration had become a perennial issue as many persons had been unlawfully detained without bail. There was also the issue of congestion of prisons as he mentioned that out of a total of 65,000 persons incarcerated in 2015, 45,745 were awaiting trial. He further alluded to the fact that the various jailbreaks across the country may not be unconnected to the strain of prison resources and facilities. He emphasized the importance of addressing structural issues in the administration of Prisons in Nigeria.
Speaking on the second bill, its sponsor, Sen. Babajide Omoworare (APC:Osun) noted that it would improve the general welfare of prison inmates by providing for educational and vocational training to inmates to discourage them from relapsing into crime. He also mentioned that the Bill sought to increase public participation in the administration of prison service by encouraging the public to bring complaints and recommendations on matters related to inmate welfare to the prison service. In addition, he highlighted the importance of providing biometrics as a solution to reducing prison breaks and emphasized the need for adequate medical facilities that treat the mental, emotional and behavioral disorder of inmates.
Elucidating on her bill, Sen. Oluremi Tinubu (APC:Lagos) noted that the bill was targeted at providing mother and baby units for pregnant or nursing female prisoners and their babies. This is because if passed, the bill would ensure Prison Authorities provide special accommodation that meet pre-natal and postnatal needs of pregnant inmates and designate nurseries staffed by qualified persons for infants not in the care of their mothers. The Bill also fights against the stigmatization of babies born in prison by providing that circumstances of birth be excluded from their birth certificate. Sen. Tinubu also stated that the bill intended to increase the age requirement in the definition of ‘infant’ contained in the Prison Act, 2004to cover children between ages 0 to 3 years. It will also allow infants stay with their mothers beyond the presently provided 18 months to create and encourage a favorable environment for mother-child bonding.
Supporting the Bill, several senators spoke on the need for reforms and listed the following areas as pertinent to holistic prison reforms:
- Adoption of measures to speed up convictions;
- Parole to encourage inmates who have been on good behavior;
- Transfer of case file of inmates from the police to Ministry of Justice to aid quick dispensation
- Need for President and Governors to exercise prerogative of mercy more often.
The Bills have been referred to the committee on Interior and Judiciary, Human rights and Legal matters for further legislative input.
