THE ROLE OF NIGERIAN PRISONS IN THE ADMINISTRATION OF
CRIMINAL JUSTICE IN NIGERIA: A CASE STUDY OF KUJE PRISON ABUJA FORCE.
CRIMINAL JUSTICE IN NIGERIA: A CASE STUDY OF KUJE PRISON ABUJA FORCE.
BY
ISAAC HELEN OKOH
REG.NO.15394008
A PROJECT SUBMITTED TO THE DEPARTMENT OF SOCIOLOGY, UNIVERSITY OF ABUJA, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF POST GRADUATE DIPLOMA (PGD) INTERCULTURAL CONFLICTS AND COMMUNICATION.
OCTOBER 2016
DECLARATION
I hereby declare that this research
work is a result of my research effort carried out in the School of Social
Sciences, University of Abuja, under the supervision of Dr. Dagaci Aliyu Manbe
and to the best of my knowledge and belief, it contains no material previously
published or written by another person nor material which to a substantial
extent has been accepted for award of any other degree or diploma of any
University or other institution of higher learning, except where due
acknowledgement has been made in the text.
........................................
HELEN OKOH ISAAC
REG. NO.15394008
CERTIFICATION
The
project has been read and approved as meeting the requirement of the Department
of Sociology, Faculty of Social Sciences, and Postgraduate Diploma University
of Abuja.
......................................... ....................................
Sign.
(Project Supervisor) Date
Dr. Dagaci, A.M
............................................ .....................................
Sign. (Head of Department) Date
Prof. Suleiman
............................................ .........................................
Sign. Dean of Faculty Date
Prof. Rhoda Mundi
…………………………………. ……………………………….
Sign. Dean postgraduate Date
Prof. Kolawole Adegboyega
ACKNOWLEDGEMENTS
I return all glory, honour and adoration to God Almighty for his Mercy and protection throughout the course of this study.
I return all glory, honour and adoration to God Almighty for his Mercy and protection throughout the course of this study.
My sincere gratitude goes to my
Project Supervisor, a friend and also my Facilitator, Dr. Dagaci A.M. who spend
his valuable time in making corrections in this project. He continuously and convincingly
conveyed a spirit of adventure with regard to his suggestions to the research,
and excitement in teaching. Without his guidance and persistent help, this
project work would not have been possible.
My appreciation extends to my
Guardian, Mr. Abimbola Mohammad, Mr. Ifu Zachariah, Chief Michael Awunor, and
Mr. Charles Ibim for their support, motivation and encouragement.
Not forgetting are my able lecturers
of the department of Sociology University of Abuja as well as course mates, i
also appreciate well-wishers who have in one way or the other contributed to my
success.
May God bless you all
ABSTRACT
This research was conceived to look at
the role of Nigerian prisons Kuje Prison in Nigeria in Criminal Justice Administration
(CJA) In Nigeria. The Problem of the study revolves around finding out if the
Kuje prisons are fulfilling their statutory functions which include punishing,
reforming and rehabilitating prisoners. Among others. Survey and descriptive
research methods are deployed in carrying out the research in which
questionnaire, interview and observation methods are making use of in gathering
data. A total of 90 questionnaires are used and the area of study is the Nigerian
police and other security agencies, the courts and prison. The findings gotten
include the fact that the awareness of the functions of NPS is not high;
corruption has seriously affected the C.J.A in Nigeria; different subsystems of
C.J.A are losing their independence; justice is not guaranteed in Nigeria;
confining prisoners in the prisons has not deterred others from going into
criminality; Kuje prisons do not have
the capacity and capability to reform and rehabilitate the prisoner; there is a
need to revert back to traditional “Nigeria” methods of treating juveniles and
settling non-serious criminal cases through community leaders instead of
reporting such cases to the police, etc. Some of the recommendations proffered
include Adequate funding of the three sub-systems of C.J.A; overhauling of the
C.J.A, especially the Kuje prisons; giving free hand to the personnel of CJA;
building more modern prisons; granting of amnesty to some categories of
prisoners; granting of free education to those willing to go to School; good
leadership: keeping awaiting trial suspects outside the persons; provision of
amenities in our prisonrtc.
TABLE OF CONTENTS
Title page - - - - - - - - i
Declaration - - - - - - - ii
Certification - - - - - - - iii
Acknowledgements - - - - - - iv
Abstract - - - - - - - - v
Table of Contents - - - - - - vi
-‘ List of tables - - - - - - - vii
Declaration - - - - - - - ii
Certification - - - - - - - iii
Acknowledgements - - - - - - iv
Abstract - - - - - - - - v
Table of Contents - - - - - - vi
-‘ List of tables - - - - - - - vii
CHAPTER
ONE
INTRODUCTION PAGES
1.1 Introduction - - - - - - 1
1 .2 Statement of the Problem - - - - 4
1.3 Research Questions - - - - - 6
1.4 Purpose of the Study - - - - - 7
1.5 Significance of the Study - - - - 8
1.6 Scope of the Study - - - - - - 9
1.7 Limitations of the Study - - - - - 10
1.8 Research Methods - - - - - - 10
1.9 Operational definition of Terms - - - - 11
1 .2 Statement of the Problem - - - - 4
1.3 Research Questions - - - - - 6
1.4 Purpose of the Study - - - - - 7
1.5 Significance of the Study - - - - 8
1.6 Scope of the Study - - - - - - 9
1.7 Limitations of the Study - - - - - 10
1.8 Research Methods - - - - - - 10
1.9 Operational definition of Terms - - - - 11
CHAPTER TWO
LITERATURE REVIEW
AND THEORETICAL FRAMEWORK
2.1 Definition/Concept
of Prisons - - - 13
2.1.1 Concept of Criminal Justice Administration - 15
2.2 History of Prison in Nigeria - - - - 16
2.3 Aims, Objectives and Function of Nigerian Prison 18
2.3.1 Functions of Nigeria Prison Service - - - 19
2.4 Services Provided by Nigerian Prisons - - 22
2.5 Problems of Nigerian Criminal Administration - 25
2.6 Problems of Nigerian Courts and Prisons - - 26
2.7 Summary of Reviewed Literature - - - 29
2.1.1 Concept of Criminal Justice Administration - 15
2.2 History of Prison in Nigeria - - - - 16
2.3 Aims, Objectives and Function of Nigerian Prison 18
2.3.1 Functions of Nigeria Prison Service - - - 19
2.4 Services Provided by Nigerian Prisons - - 22
2.5 Problems of Nigerian Criminal Administration - 25
2.6 Problems of Nigerian Courts and Prisons - - 26
2.7 Summary of Reviewed Literature - - - 29
CHAPTER THREE
RESEARCH
METHODOLOGY
3.1 Introduction - - - - - - 30
3.2 Research Design - - - - - - 30
3.3 Area of Study - - - - - - 31
3.4 Population and Sample of Study - - - 31
3.5 Sample Selection and Techniques - - - 32
3.6 Instrument of Data Collection - - - - 32
3.6.1 Validity of the instrument - - - - 32
3.6.2 Reliability of the Instrument - - - - 33
3.7 Methods of Data Collection - - - - 33
3.8 Method of Data Analysis - - - - 33
3.2 Research Design - - - - - - 30
3.3 Area of Study - - - - - - 31
3.4 Population and Sample of Study - - - 31
3.5 Sample Selection and Techniques - - - 32
3.6 Instrument of Data Collection - - - - 32
3.6.1 Validity of the instrument - - - - 32
3.6.2 Reliability of the Instrument - - - - 33
3.7 Methods of Data Collection - - - - 33
3.8 Method of Data Analysis - - - - 33
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
4.1 Introduction - - - - - - 34
4.18 Summary of Findings - - - - - 44
4.18 Summary of Findings - - - - - 44
CHAPTER FIVE
SUMMARY CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion - - - - - - - 46
5.2 Recommendations - - - - - 46
Appendix 1 - - - - - - 49
References - - - - - - - 53
5.2 Recommendations - - - - - 46
Appendix 1 - - - - - - 49
References - - - - - - - 53
LIST OF TABLE
Gender Distribution of Respondents
Age Distribution of Respondents
Respondents Qualifications
Respondents Knowledge of functions of the NPS
Effects of corruption on C.J.A in Nigeria
Losing of independence by the Nigerian C.J.A
Guaranteeing of Justice at all times in Nigeria
Efficacy of deterring criminals through confinement in Prisons
Capability of Kuje Prisons in Reforming Prisoners
Capability of Kuje Prisons in Rehabilitating Prisoners
Reverting to Traditional “Nigerian” treatment of juveniles
Preference for reverting to Traditional “Nigerian” system of treating those
who commit “theft due to hunger”
Respondents’ Responses on the current harsh Nigerian socio-economic’
that tends to force some Nigerians into criminal acts
Respondents’ view on about 70% of Nigerians awaiting trial
Age Distribution of Respondents
Respondents Qualifications
Respondents Knowledge of functions of the NPS
Effects of corruption on C.J.A in Nigeria
Losing of independence by the Nigerian C.J.A
Guaranteeing of Justice at all times in Nigeria
Efficacy of deterring criminals through confinement in Prisons
Capability of Kuje Prisons in Reforming Prisoners
Capability of Kuje Prisons in Rehabilitating Prisoners
Reverting to Traditional “Nigerian” treatment of juveniles
Preference for reverting to Traditional “Nigerian” system of treating those
who commit “theft due to hunger”
Respondents’ Responses on the current harsh Nigerian socio-economic’
that tends to force some Nigerians into criminal acts
Respondents’ view on about 70% of Nigerians awaiting trial
ix
CHAPTER ONE
INTRODUCTION
INTRODUCTION
1.1 Background to the Study
The idea of prison just like other
concepts in Criminal Justice Administration (CJA) has been subjected to variety
of interpretations by not only different authors but by different perspectives
in social science disciplines. A prison can be described as a place where
offenders are kept as punishment for crimes committed, or as Opara (1998) puts
it, a place where persons are kept while awaiting trial. Also McCorkle and Korn
(1958) describe prison as a physical structure in a geographical location where
a number of people living under highly specialized condition adjust to the
alternatives presented them by the unique kind of social environment.
According to Wikipedia Encyclopedia
accessed on 29110/13, early
prisons were used primarily to sequester animals in Europe and America; little
thought was given to living conditions within their walls. In America, the
Quaker Movement is commonly credited with establishing the idea that prisons
should be used to reform criminals.
Before the advent of colonialism in
areas today called Nigeria, various pre-colonial communities had different
notions of prison, because they had their own legitimate methods of dealing
with deviant members of their societies. Among the Yorubas, Ogboni was used as
prison; the Edos or Binis used what they called Ewedas, and in the northern
parts of the country, the
Fulanis had similar institutions. Among the lgbos, there were indications of
functional equivalents of prisons.
According to Nkwocha, D.I., Omogibo,
K. Yesuf, A.R., and Adegoke D.T., (2009) when the British Government assumed
responsibility for administration of Lagos in 1861, an organized prison system
started to emerge to handle the earliest administration of justice. In 1872,
Broad Street Prison was opened to accommodate 300 prisoners, but it was not
until 1876 that the prison ordinance came into force, and was modelled along
that of the British. By 1901 as posited by Nkwocha et al (2009:2) “prisons had
been established in old Calabar, Asaba, Benin City, Sapele and Degema, under
the control of the Police Department”. Prisons don’t exist on their own, there
are other institutions whose by-products the prisons take care of namely, the
Police and Courts, and this leads us to the concept of Criminal Justice
Administration (CJA).
According to Iwarenue-Jaja (2003),
Criminal Justice Administration (CJA) can be defined as a process when the
different components co-ordinate their independent functions by processing the
criminal suspect from one stage to another. The process involves arrests,
booking, trial and confinement. As a system, CJA is made up of three
sub-systems or components, namely, the police, the courts and corrections,
responsible for law enforcement. Criminal justice involves the procedure of
processing the person accused of committing a crime from arrest to the final
disposal of the case. As Clare and Kramer (1977) put it, criminal justice can
be seen as a consequence of decision making process in which offenders are either
passed on to the next stage or diverted out of the System due to reasons like
lack of evidence, or desire to reduce the load of the system.
Each subsequent stage of the process
is dependent upon the previous stage for its determents: and this dependency
exemplifies the system nature. The last chain within this system is the prison.
The prison represents the third leg in the triangular relationship
of C.JA. The role of prison in this triangular relationship can’t be
overemphasized. This is because the final end products of the police and courts
are received and taken care of by the prison. As Onimajesin (2013) puts it, the
prison is responsible for the custody of the final products in the criminal
justice process. Maintaining custody involves carrying out measures to prevent
escape, such as erecting high walls or chain-link fence, placing armed guards,
constant checks cells, providing a system of passes for movements within the
prison, constant surveillance, and such other stringent measures which may be
applied from time to time to prevent escapes, riots. etc. Physical controls
however are not enough to maintain sanity and prevent escapes, especially among
frustrated, hardened criminals who may present all kinds of behaviourial
challenges. As a “total institution as described by Goffman (1961), prison
habours all kinds of vices, such as drug abuse, homosexuality, theft, brutality
among inmates, are likely to exist within the prison wall. As a “total
institution”, to be locked up in a physical, psychological and social sense — a
situation in which there is no escape and the prisoner has no control-is to
deny the individual, the rudimentary choices of everyday life (Silverman,
1950). The multi-faceted nature of prison and ever changing criminal’ activities
of people make the prison a subject of constant enquiry. It is in this
perspective that this researcher decided to look into the role of prisons in
the C.J.A in Nigeria, with narrow focus on the Kuje Prison in Abuja.
1.2 Statement
of the Problem
It has been observed that the administration of criminal justice
in Nigeria is one subject that has featured in discussions at different forums
in recent years. The caption, “The CJN’s alarm on the Criminal Justice
Administration” accessed from the internet on 29/10/13 says a lot.
According to this source, prominent jurists and other notable
figures have, at different times, criticized the existing Criminal Justice
Administration and called for necessary changes to it. Some blamed the
pervasive corruption and other forms of abuse in the various facets of Nigeria
national life for the defects in the legal system. Among those who are yearning
for a change in this critical sector is the Chief Justice of Nigeria, Justice
Mariam Mukhtar who bared her mind on the issue at a special session organized
by the Supreme Court to mark the commencement of the 2013/2014 legal year and
inauguration of new Senior Advocates of Nigeria in Abuja on September 23, 2013.
She faulted the performance of the security agents, describing their approach
as “putting the horse before the cart” because according to her, they take
suspects to court before gathering the evidence required to prosecute them as
opposed to what is obtainable in other democracies where discrete surveillance
is placed on crime suspects who are painstakingly stalked by security agents until such
a time when, evidence would have been gathered for their arrest, arraignment
and persecution.
As this writer has noted earlier, the prison is at the receiving
end in the triangular relationship in the Criminal Justice Administration. It
follows that, as we say in our local parlance, “when something happens to the
nose, it will also happen to the eyes”, because they are closely related. The
same relationship can be said about the prison, which is closely related to
other components of the Criminal Justice Administration. As the police and
courts are having a lot of challenges as noted by the Chief Justice of the
federation and others, the prisons are equally, in one way or the other having
some challenges in an effort to accommodate or tackle the corresponding
challenges occasioned by the problems identified in the other two sub-systems —
the police and courts. The problems or challenges of the contemporary Nigerian
prisons are so many. In the area of socio-economic conditions, Onimajesin
(2013) observes that prison conditions in Nigeria are not impressive. Persons
convicted for crime and persons for awaiting trial are mixed up in prisons
contrary to section 16 of the Prisons Regulations and sections 11.3 and 15 of
the Children and Young Persons Act. In the Nigerian prisons, electricity and
water supply to inmates is poor, as a result, reading in poor light conditions
causes blindness, and bathing daily is impossible. Many of the inmates wear
tattered clothes and are disease afflicted due to poor sanitary conditions and
lack of adequate medical care where prison clinics lack both personnel and
equipment. The challenges or problems of Prisons in Nigeria also bother on
criminal policy which though programmed to use punishment as retributions and
humiliation as a deterrent to particular or specific accused persons but makes
little efforts in implementation of policy to rehabilitating criminals with
their families (Onimajesin,2013). On criminal policy and juvenile delinquency,
very little attention is paid to correctional policies concerning juvenile
offenders, contrary, even to the practice in our indigenous system where civil
responsibility or criminal liability was clearly limited to adults of the age
of discretion. On criminal policy and sentencing, it has also been observed
that the sanctions for guilt prescribed in the criminal and penal codes suggest
clearly a tendency towards deterrent and restitutive rather than reformative
theories of punishment (Onimajesin, 2013). The totality of the above conditions
and challenges of our prisons have given rise to a situation where it has
become a public knowledge that for so many years now, Nigerian
1.3 Research
Questions
1. What are the functions of the prisons
in criminal justice in Kuje Prison?
2. Is the Nigerian criminal justice
losing its authority and independence?
3. Has the Nigerian Prison Service lived
up to its statutory responsibility of reforming and rehabilitating offenders?
4. Will Nigerians prefer reverting back
to traditional “Nigerian” practice in handing juvenile offenders Are Nigerians
in support of the current situation where about 70% inmates of the Nigerian
prisons, mostly young people are on awaiting trial?
1.4 The
Objectives of Study
The recent alarm raised by the Chief
Justice of the Federation, about the bad state of the Nigerian Criminal Justice
Administration has generated much interest among Nigerians, especially those
with vital interest in the C.J.A. Although
the learned Chief Judge of the federation did not specifically mention the
third leg of the C.J.A, the prison, there is no doubt that just like the other
first two legs of CJA, the Police and Courts, the Nigerian Prison is equally
having its own share of problems or challenges. In view of this, the purpose of
this research is encapsulated in the following objectives:
1.
To Investigation
the role or functions of the prisons in
criminal justice administration in
Kuje prison
2.
To examine
if the Nigerian criminal justice is losing its authority and independence.
3.
To identify
if the Nigerian Prison Service has lived up to its statutory responsibility of reforming and
rehabilitating offenders?
4.
To sport
out if Nigerians will prefer reverting to traditional “Nigerian” practice in handling
juvenile offenders in Kuje Abuja.
5.
To ascertain
if Nigerians are in support of the current situation where about 70% inmates of
the Kuje Prison, mostly young people are awaiting trial.
1.5
Significance of the Study
This
study is significant in so many aspects especially among the major stake
holders in the criminal justice administration in Nigeria the police, the
courts, the prisons and the Nigerian people and governments in general.
1. The
Nigerian Police Force, the first leg in the triangular Criminal Justice Administration in Nigeria will benefit
immensely in the findings of this research. This is because, as noted above,
many Nigerians including the Chief Justice of the Federation are not happy with
the current state of the Nigerian C.J.A, and the situation is giving bad image
to the Nigerian Police Force.
2. The
Courts in Nigeria, as one of the legs in the triangular setting of the C.J.A
will also derive maximum benefits from the findings of this research. The Nigerian
courts, just the police have a huge stake in the state of Criminal Justice
Administration because in view of close relationship between the courts and Nigerian
prisons, their short falls or weaknesses
must rub off on the functions, efficiency and effectiveness of the Kuje prisons
in Abuja.
3. The
Kuje prisons service that is the focus of this research will no doubt derive a
lot of benefits if the organization avails itself the opportunity to read and make
use of the research findings. This is more so because, as we know, in the
triangular relationship between the police the courts and the Nigerian Prisons,
“garbage in garbage out” type of relationship will be the order of the day.
Moreover, the 70% inmates of the Kuje Prisons on awaiting trial is enough
evidence that all is not well with the C.J.A in Nigeria. The incidences of jail
breaks give much credence to the fact that all is not well with our prisons.
4. The
various levels of governments in Nigeria — the Federal, State and local governments
will find this research enriching, especially with the rising wave crime in
Nigeria, warranting giving largest percentage of money to security in the
annual budgets. This practice has tendered to starve other sectors enough funds
to execute their yearly programmes.
5. Nigerians
as a whole will be happy to read and appreciate the situation of the prisons and the challenges
facing the Nigerian prison
as it battles to fulfill its statutory responsibilities.
6. Finally, as we
know, the essence of this research of
this nature into unearth certain facts and make recommendations
that will be made to the appropriate authorities in order for such authorities
to take remedial actions.
1.6
Scope of the Study
The Scope of the research study according to Ekeh (2003:71) “...is
a presentation of the aspects, Dimensions or Components of the problem to be
tackled in the study and probably including reasons why particular aspects have
been included while others neglected”. Due to time factor and financial
constraints, this study is limited in scope, in that only the three
institutions the police, the courts and the prison in Abuja have made use of other
prisons police formations and courts outside the F.C.T are excluded; the research
is also delimited to role of the Kuje Prisons in Criminal Justice Administration.
1.7 Delimitation
Osuala (1982) posits that the nature
of research itself can limit the researcher in making generalizations. Lack of
time makes it difficult for the researcher to sufficiently combine the use of
questionnaire with other types of data collection instruments like interview
and participant observation. Extensive internet search for more materials could
not be done also due to the same time constraint 2013-2016.
1.8 Research
Methods
Research methods or methods of
researcher “...refer to the system orderliness or way of doing something”
(Ekeh, 2003). A combination of survey and descriptive research methods are
used in carrying out this research.
The research justifies these methods
because of their relevance in what the researcher is studying. Descriptive
research according Ekeh (2003) is used to describe an event, situation or
phenomenon as it is at the time of research. Descriptive statistical tools like
frequencies, tables, percentages, etc., are used to summarize and describe the PHENOMENA
under study. In survey method or approach to research, “. Data are collected
from relatively large number of subjects or samples at a particular time (Ekeh,
2003:29); and this is justified because many respondents are used in collecting
information through the use of questionnaire. This is to make sure sufficient
number of sample of the population is gotten and used in order to get
relatively high level of accuracy.
1.9 Operational Definition of Term
Osuala (1982) posits that in research,
terms that have a unique use in the study, that are subject to several
interpretations by different readers of the study, or that are technical in
nature are defined. The following terms are operationally defined thus:
Prison: According to Opara (1998) is a place delimited and declared as such by law of the state and created to ensure restraint and custody of individuals accused or convicted of violating the criminal laws of the land.
Criminal Justice Administration: Is a process when the different components
co-ordinate their independent functions by processing the criminal
aspect from one stage to another (Iwarence-Jaja, 2003).
Criminal Justice: According to Onimajesin (2013) is a
legal process involving the procedure of processing the person accused of
committing crime from arrest to the final disposal of the case.
The word role: is defined as
function that a thing typically has or is
expected
to have.
Reformation: means making the offender better by
trying to change his delinquent behaviour. (Nkwocha, et al, 2009).
Rehabilitation: Is simply defined for this study as
bringing the offender to normal life.
Discipline and Disciplinary Action: Means training that it expected to produce
a specified character or pattern of behavior which will lead to moral and
mental improvement. As defined in Black's
Law Dictionary cited by A Gbakoba and Obeagu (2003:27) means “any fine, penalty, or
confinement inflicted upon a person by the authority of the law and the
judgment and sentence of a court, for some
crime or offence committed by him or for his omission
of a duty enjoined by
law...”
CHAPTER TWO
2.0 LITERATURE
REVIEW AND THEORETICAL FRAMEWORK
As Osuala
(1982) has observed, related literature review serves to set the theoretical
base for research and sets the current research into perspective to “show the state of the art”. In taking cue from
Osuala, the following sub-topics of
the related literature are reviewed,
Namely:
1. 2.1 Definitions /
Concepts of Prison
2. 2.1.1 Concept of Criminal
Justice Administration (CJA)
3. 2.2 History of Prison in Nigeria
4. 23 Functions of Nigerian
Prison Service
5. 2.4 Services rendered by
the Prisons
6. 2.5 Problem of Nigerian
Criminal Administration
7. 2.6 Problems of Nigerian
Courts and Prisons
8. 2.7 Summary of Reviewed Literature.
2.1 Definitions/
Concepts of Prison
Prison as a concept just like many
concepts in social science disciplines has
been variously defined by different authors and commentators. McCorkle and Korn (1954) defines prison as a physical
structure in a geographical
location where a number of people
living under highly specialized
condition adjust to the alternatives presented to them by the unique kind of social environment. In
a similar vein, Sykes (1958), Goffman
(1961) and Okunola (1986) define prison as where people are highly secluded from the rest of the world with entirely
new order of control. Opara
(1998) on his part defines prison as a place delimited
and declared as such by the law of the state and
world with entirely new order of control. Opara (1998) also defines prison
as a place delimited and declared as such by the law of
the state and created to ensure restraint and custody of
individuals accused or convicted of violating
the criminal laws of the state.
From Functionalist Perspective however, a prison is conceived as a
place to
punish offenders, where criminals that are removed from the society are dumped
to protect the society from further criminal activities of the offenders; and a place to punish, reform,
rehabilitate and teach offenders to be law abiding and productive after
release.
Prisons
are also seen as a total institution when conceptualized from the functionalist perspectives or
framework, where there is no free environment
or community that houses those who are socially rejected, insane or mentally retarded(Okunola,
1986). Goffman (1961) on his part conceptualizes total institution; which
prison is one of many, as where there
is basic split between a large class of individuals who have restricted contact without side world and stereotypical
behavior pattern, where social
mobility is restricted in modern nations, prisons are created by the status.
According
to Onimajesin (2013), section 2(1) of Prisons Act Cap. 366 laws of the Federation of Nigeria 1990, and
Prison Decree No 9 of 1972, section
2(i) and (ii) states:
1. The minister of Internal Affairs may
by order in the Federal gazette declare any building or a place in Nigeria to
be a prison and by the same or subsequent orders specify the areas for which
the prison established.
2. Every prison shall include the grounds
and buildings within the prison enclosure and any lock house for the temporary
detention or custody of prisoners newly apprehended or under remand which is
declared by the minister by order in the Federal gazette to be part of the prison.
3. From the above statutory position, the
pronouncement of the Minister of Interior can create a prison with the
geographical zone in Nigeria. The other twin concept in the topic is Criminal Justice
Administration, CJA.
2.1.1 Concept of Criminal Justice
Administration
Before
defining criminal justice administration, the concept or the word, “system”, needed to be defined.
According to Schoderbek (1968), a system
is an organized or complex whole and assemblage or combination of things or parts forming a complex or unitary whole. From the above definition, the
major operating characteristic
of systems is that what affects the function of one part can potentially affect
other parts, as well as the entire system.
Criminal
Justice According to Wikipedia Encyclopedia accessed through the internet on 10/110/13 is a system
of practice and institutions of government
directed at upholding social control, deterring and mitigating crime, or sanctioning those who violates laws with
criminal penalties and
rehabilitation efforts. Onimajesin (2013) on his part defines criminal justice as a legal entity and the
interrelationships of criminal
justice elements comprising the police, courts and prisons, or what in other jurisdictions are
referred to as correctional facilities.
To
Onimajesin, it is a loose federation of agencies each separately budgeted, each drawing its manpower from separate
wells, and each a profession unto
itself. Moore (1997) on his part conceptualizes Criminal Justice Administration as not being a system
in the usual understanding of
it, but that it is limited to the extent
that different agencies are
linked… through a process in which one agency’s “output” becomes the next agency’s “inputs”.
2.2
History of Nigeria Prisons In
Nigeria
The history of Prison evolution dates back to antiquity
among the communities that
constituted geographical area we now call Nigeria.
Egu (1990), divided the evolution of
Nigerian Prison into the pre-colonial and post-colonial eras. According to him, different communities had their own legitimate methods of dealing with deviant members of their societies.
Among the
Yorubas, Ogboni served as Prison; among the Edos Ewedas served as Prison and in the Northern parts of Nigeria,
the Fulanis had similar
institutions. Among the Tivs and lgbos, there were indications of functional equivalents
of prisons (Egu, 1990).
According to Lagos Blue Books as cited by Egu (1990) there was in existence
a place of confinement at Faji where culprits were imprisoned and employed mainly
on street cleaning. Between 1873 and 1900,
this place of confinement was called “Gang Drivers” because of the nature of
job in which the prisoners were employed. Things however did not remain the
same when the British Government took over responsibility of administering Lagos.
` The
assumptions of responsibility of governance by the British govern Nigeria. As
Egu (1990) posits that the evolution of an organized prisoners system began as
one of the governments earliest terms of administration of justice. By 1872,
Broad Street Prison had been opened to
accommodate 300 prisoners; but it was not until 1876 that the prison ordinance
came into force. The Nigerian prison system was understandably modeled along that of the British, and as the British
administration expanded, more prisons were built as a necessary complement. Egu
(1990) explained that by 1901, prisons had been established in
Old Calabar, Asaba, Benin City, Sapele and Degema, under the control of the Police Department. After the
amalgamation of Nigeria in 1914, the prison ordinance of 1916, and prison
regulations of 1917 were made as a positive step aimed at establishing the much
needed uniform standard for prison administration. Lord Lugard was empowered to
appoint the Director of Prisons and other officials who were responsible for
general management and superintendence of the prison system. The Directors of
Prisons were in turn empowered to make standing orders for organization,
discipline, clothing of prisoners and staff. There was however some
modification of prison administration in the Southern Nigeria. In the Southern
Nigeria, prisons were modeled along the British standard having three
categories of prisons. These categories as documented
by Egu(1990) include Convict Prison for
those sentenced to more than two years
imprisonment, a Provincial Prison for offenders serving less than two years;
and Divisional Prison to hold short- term prisoners serving less than six
months sentence. Just like in Lagos,
the general control and supervision of
prison was vested in the senior prison officers,
but Divisional prisons were, for convenience, placed under the supervision of
administrative officers (Egu, 1990).
According to Egu (1990), in the North,
the pattern was entirely different. Native Authorities operated prisons on
local levels usually under the day to day Supervision of Chief Warder or what is
called “Yari” in Hausa. They function under the administrative control of the
district officers/provincial secretaries.
2.3 Aims, Objectives and Functions of Nigerian Prison
As
Nkwocha et at (2009) have noted, the aims of modern prison system anywhere in the civilized world are
protection of society, retribution,
deterrence, reformation and rehabilitation of convicted prisoners. The aims and objectives of prisons as stated above
are not in no way different from those
of the Kuje prisons.
The
Kuje prisons, just like other prisons in other parts of the world plays the role of safe custody of
inmates to ensure recovery of those who
serve the cause of disorder. Reformation and rehabilitation (Nkwocha, et a! 2009) noted are very
important and indeed are the dominant
aspects of the aims and objectives of the Nigerian Prison Service. Apart from the aims and objectives,
the Kuje prisons have functions
which are similar to what is obtainable in other parts of the world.
2.3.1
Functions of Nigerian Prison Service
As Cox Stephen et al (1989) opined,
the criminal justice is best viewed as a network funds used to build prisons;
and jails must be appropriated from the public,
and prisoners who are released into society must be reintegrated if
rehabilitation is one of the goals of prison. Functions of the Nigeria Prison
Service are quite many, some of which include reformation, rehabilitation,
security, and disciplinary action, education,
medical treatment, religious instruments, and
punishment.
Reformation
Reformation in prisons according to Cox and Wade (1989) was pioneered by Enlightenment Thinkers’ efforts of Montesquieu, Vottaire, Beccaria and Benthem who succeeded in reforming harsh penal philosophy that existed earlier before their period. Their efforts paid off, hence reformation in prisons were geared towards using all the remedial, educational, moral, spiritual and other forces and forms of assistance, which are appropriate and available and should seek to apply them according to the individual treatment needs of the prisoner.
Reformation in prisons according to Cox and Wade (1989) was pioneered by Enlightenment Thinkers’ efforts of Montesquieu, Vottaire, Beccaria and Benthem who succeeded in reforming harsh penal philosophy that existed earlier before their period. Their efforts paid off, hence reformation in prisons were geared towards using all the remedial, educational, moral, spiritual and other forces and forms of assistance, which are appropriate and available and should seek to apply them according to the individual treatment needs of the prisoner.
Rehabilitation
Rehabilitation means bringing the offender to normal life; and this is one of the major functions of the Nigerian Prisons Services in Kuje prisons.
Rehabilitation means bringing the offender to normal life; and this is one of the major functions of the Nigerian Prisons Services in Kuje prisons.
To
rehabilitate an individual, he must be “straightened out” deep within his own personality. Nkwocha,. et al
(2009) maintains that the rehabilitative
activities of modern prison generally have psychological or psychiatric treatment and Educational or
vocational programmes.
Security
Security in the Kuje Prison, especially internal security is another major function of the Nigeria prison warders. The Kuje prison does so by keeping safe custody of inmates both convicted people and those on awaiting trial list.
Security in the Kuje Prison, especially internal security is another major function of the Nigeria prison warders. The Kuje prison does so by keeping safe custody of inmates both convicted people and those on awaiting trial list.
Discipline and
Disciplinary Action
Another function of the Nigerian prisons (NP) is to
discipline. This action is however meant to produce a specified character or
pattern of behavior which will lead to moral and mental improvement in the
lives of the convicts.
According
to Nkwocha, et al (2009), discipline and disciplinary action applied on prisoners include pattern of
behavior that will lead to adherence
to approved rules of the society.
Education
In the Kuje prisons, the welfare branch of the Prison Services supervises adult education in the Prison; and provision of education services to the inmates of the prison is one of the major functions of NPS. Many prisoners have studied and get FSLC and GCE while in the prison. Emphasis is placed on study groups and the creative acts such as music, drama and literature which help inmates to avoid mental stagnation and open the world of knowledge.
In the Kuje prisons, the welfare branch of the Prison Services supervises adult education in the Prison; and provision of education services to the inmates of the prison is one of the major functions of NPS. Many prisoners have studied and get FSLC and GCE while in the prison. Emphasis is placed on study groups and the creative acts such as music, drama and literature which help inmates to avoid mental stagnation and open the world of knowledge.
Medical
Treatment
Another
important function of Nigerian Prison Service (NPS) is provision of medical treatment to the inmates. In Kuje prisons,
sick inmates are treated and sometimes
referred to general hospitals when the
illness is beyond what medical facilities in the prison can handle. It has been advocated that there should be
special psychiatric treatment for those
marked ‘for observation” who may be psychopathic
(Nkwocha, et al, 2009).
Religious
Instruction
Provision
of religious instructions is one of the important functions of the Kuje Prison. Provision of religious
instructions to inmates has pacifying
effect on prisoners and this leads to moral rearmament.
There
is statutory provision for the services
of a chaplain of each denomination Christians
and Muslims in every prison. Services are needed
for Christians and Fridays for Moslems.
Punishment
Punishment is equally one of the functions of the Kuje prison, though it varies in intensity, mode, style and extent. According to Nkwocha, et al (2009), what determines the type of punishment depends on the nature of crime, and the criminal, the status of the victim and the extent of his victimization, and the feelings of the society towards the crime committed. Punishments meted out to convicted people are death, imprisonment, fine and suspended sentence. According to Igbinovia, et al (2003) as cited by Nwankwo, et al (2009), from historical and global view, philosophy of punishment embodies fair theoretical principles, namely, vengeance, deterrence, rehabilitation and prevention. The prisoner is to be punished for having offended the state and the state therefore pays him back in his own coin. As Nkwocha, et al (2009) has observed, the above four theoretical and philosophical principles still govern the minds of Nigerian courts and indeed the Nigerian public when one is being sentenced.
Punishment is equally one of the functions of the Kuje prison, though it varies in intensity, mode, style and extent. According to Nkwocha, et al (2009), what determines the type of punishment depends on the nature of crime, and the criminal, the status of the victim and the extent of his victimization, and the feelings of the society towards the crime committed. Punishments meted out to convicted people are death, imprisonment, fine and suspended sentence. According to Igbinovia, et al (2003) as cited by Nwankwo, et al (2009), from historical and global view, philosophy of punishment embodies fair theoretical principles, namely, vengeance, deterrence, rehabilitation and prevention. The prisoner is to be punished for having offended the state and the state therefore pays him back in his own coin. As Nkwocha, et al (2009) has observed, the above four theoretical and philosophical principles still govern the minds of Nigerian courts and indeed the Nigerian public when one is being sentenced.
2.4 Services
Provided By the Nigerian Prisons
|
According
to the NPS Annual Report of 1985, various groups perform various functions aimed at giving the
prisoners the opportunity to be reformed
and later rehabilitated, and some of such occupational groups are:
Vocational Training Group
In
an effort to reform and rehabilitate prisoners, vocational training facilities are provided in Kuje prisons.
The inmates make use of these facilities
to make products like children’s
dresses, bed-sheets, pillows-covers,
cushions, back-rests, prisoners’ uniforms etc.
Sometimes
some of these items produced by the prisoners are sold to the public to generate income to the
prisoners and the prison institution
as a whole.
Agricultural Section
This section according to the Nigerian
Annual Prison Report of 1985 operates under Commerce Division of the
establishment, and functions as a training and revenue-yielding arm of the NPS.
The aim according to the report is geared towards equipping prisoners with
basic skills in modern agricultural practice which is useful for rehabilitation
on discharge. The agricultural section also provides the prisoners in kuje
prison gainful employment while efforts in making Nigeria self-reliant in food
production. It also earns revenue for the government and reduces the cost of
running the prisons.
Industrial
Section
Industrial section according to this
report is one of the sections that come under commerce Division of the
department designed for Production and Training of Prison inmates in kuje
prison. This section also aims at achieving self-reliance in acquisition of its
day-to-day working tools which the prisoners in kuje prison usually need.
Educational
Programmers
Educational
Programmer is one of the Services provided to the Kuje Prisoners as posted by the Nigerian prison Annual Report
quoted above. Educational
programmers run by the Nigerian Prison
Services (NPS) include,
educational training to gain Adult Education, First School Leaving
Certificate, Trade Test Certificate, General Certificate of Education (GCE) OIL, General
Certificate of Education (GCE) A/L, Diploma
and Degree, and Adult Literacy Certificate.
Medical
Health Care
The
NPS makes sure that the inmates of the Kuje prison remain healthy and alive until they fully serve
their terms of imprisonment, granted amnesty
or pardon, sentenced to death, etc. To achieve all these, Medical Health care section is
provided. This section as mentioned above
cares for the health of the inmates, staff and their families. Qualified medical staffs are provided, and serious
Medical cases are usually referred to
general hospitals.
Case
Work Counseling
Case work counseling according to the
Nigerian Prisons Annual Report quoted above provides case work counseling
service to the prison inmates in Kuje prison. This duty is carried out by the
prison staff as soon as being admitted into the prison yard, those who lose the
contacts of their relations are helped to regain such contacts; those with
matrimonial challenges are assisted to solve such challenges; those that have disputes with their landlords are equally
assisted to solve such disputes.
Social Welfare Services
The NPS annual reported in question
posits that the aim of social welfare section
department is:
1. To enable new inmates adjust and adapt
to prison environment so as to be receptive to treatment;
2. To assist normal reconciliation with
the inmate’ families friends and relations they have been estranged due to
their anti-social behaviour;
to help inmates in effecting satisfactory mental attitudinal social and economic adjustment on discharge.
to help inmates in effecting satisfactory mental attitudinal social and economic adjustment on discharge.
3. To
handle matters relating to juvenile offenders
4. To take care
of matters relating to staff welfare
5. To process staff’s documents in order
to get their gratuities/pension on retirement The Nigerian Criminal justice administration has many problems or
challenges
2.5 Problem
of Nigerian Criminal Administration
There
is no doubt that the three legs of Criminal Justice Administration in Nigeria namely the police, the court and the
prison have problems or challenges.
For the ake of detailed analysis each of them is treated separately
The
Nigerian Police
According
to Onimajesin (2003) there are problems involved in police search and seizure
the preventive Powers of the law. The law
states that where a magistrate is
satisfied that there is reasonable ground for believing
that there is in any building ship, carriage, receptacle or place anything’ upon or in respect of which any
offence has been or is Suspected
to have been committed the magistrate may, at any time, issues a search warrant authorizing an officer of the COU,
member of the police force,
member of a native authority or other persons named therein” (Onimajesin, 2003: 199).
Another
area the Nigerian Police have a huge challenge is in the use of extra-legal force.
The law permits the police to use reasonable force in execution of any lawful sentence,
process or warrant or in making any arrest...
but the degree of force which is justified under above provisions is only that which is reasonably necessary for the purpose stated, and if the force is
in excess of that is used, the person
using it will be criminally responsible for any excess according to the nature and quality of the exact
which constitutes the excess” (Onimajesin,
2003:200).
Other areas the
Nigerian Police men and women encounters a lot of problems are in the area of identification parade. It has been
repeatedly observed by researchers that
some police personnel make the mistake
or intentionally breach this rule, and do so with much impurity (Onirnajesin,. 2003).
The Nigerian police also encounter some challenges because some
abuse duty roll call. According to the same author, “in recent times there has
been serious cases of impersonation of
duty police by men ‘or retired officers, who adorn their disregarded uniforms”
and pose as officer” (Onimajesin, 2003: 200).
2.6 Problems
of Nigerian Courts And Prisons
The court is the second sub-system of
the CJA in Nigeria whose proper functioning
and development depends on the
caliber of the personnel appointed to
man courts. As Onimajesin (2003) has observed, nothing frustrates the citizenry and
erodes their confidence in judicial system more
than having a judiciary that cannot be trusted as a fair and unbiased arbiter.
Inadequate
funding and lack of infrastructure as noted by Onimejesin (2003) has reduced
the impact of the second arm of the CJA in Nigeria; poor remuneration of judicial officers wrong use of discretionary powers and corruption among the judicial officers; and judicial involvement in politics are other problems
confronting the Nigerian judiciary
(Onimajesin, 2003).
The
third sub-system of CJA is the prison, which like the police and courts has its own problems. According
to Agbakoba and Obeagu (2002:23)
“Most of prisons have indeed fallen below the minimum standard preserved by the prisons Act”.
The duo posits that Kuje prisons lack
some essential offender treatment facilities.
According to them:
Generally
the prisons are unit for human habitation. Structural arrangements are somewhat incoherent. Existing facilities are in
decay. The Kuje prisons are in sorry
state: too congested and poorly ventilated; prisoners
and detainees are cramped together and well over 60% inanely suspects, mostly innocent citizens, yet to be found guilty
are in custody awaiting their trial.
Agbakoba and Obeagu (2002) argue that
some of the causes of overcrowding in prisons include; holding charge syndrome,
delay in the administration of
justice, decaying infrastructure; poor funding of prisons and over-use of prison
sentence by courts. It has also been observed that most of those so detained in
the prisons have no charges against them, and more often than not, nobody
follows up the arrest either to prosecute or charge them (Agbakoba and Obeagu,
2002). They duo also explain that, till date, Nigeria does not have a prison
system that guarantees the reform of prisoners.
They
also observe that the prison as a punishment industry is currently in health arises as it suffers
from epileptic disease of inadequate
supply of desired correctional
needs of criminal justice system.
They also observe that “Even after serving their jail terms, these prisoners are
pushed back into the society worse than they cause. Many often at time the
inmates often become hardened and difficult to reform”(Agbakoba and Obeaga, 2002:
25).
Onimajesin
(2003) on his part argues that criminal policy of the country encouraged the adoption of central
prison administration which is essentially
directed towards punishment as
retributions and humiliation, and
at best, as a deterrent to particular or specific accused persons and potential offender made more
than marginal effort at implementing the
policy of rehabilitating criminals. The same author also observes that very little attention was paid to
correctional policies concerning
juvenile offenders. On criminal policy and sentencing Onimajesin (2003) also observes that criminal policy of any
administration manifests itself in
one the nature of sentences prescribed
by law and imposed on persons convicted of criminal offences. The sanctions for guilt prescribed in the criminal lodes suggest dearly a tendency towards
deterrent and retributive rather than
reformative theories of punishment.
Poor
socio-economic conditions have seriously and adversely attested the prisoners, It has been observed that there is
poor supply of electricity and
water to inmates, and as a result, reading in
poor light conditions cause
blindness, and bathing daily is impossible. Many
of the inmates wear tattered clothes and are disease afflicted due to poor sanitary conditions and lack of adequate
medical care (Ominajesis 2003).
2.7 Summary
of Reviewed Literature
In reviewing the related literature,
the concepts of prison and Criminal Justice Administration are extensively
defined;, the historical evolution of the prison is also traced from the
pre-colonial “Nigeria” to the British colonial administration to the present
period. The major functions of the prisons, which include punishment,
reformation and rehabilitation, are also explained. Services rendered by the prisons
are explained; some of these services are counseling, medical occupational, etc. The problem or challenges of the prisons are also explained. They include poor
funding, having too many prisoners in prison made for a few; too many awaiting
trial inmates in Kuje prison, decapitated prison yards in kuje prison, etc.
CHAPTER THREE
RESEARCH METHODOLOGY
RESEARCH METHODOLOGY
3.1 Introduction
This Research methodology is quite
important in every research in that it shows various methods in acquiring data
in the study. The main research methods employed in this research are: research
design, identification of population sample size, questionnaire design and Administration.
Personal interview and participant observations are also deployed to support structured
questions, especially when there was need to clarify some issues in the course
administering questionnaire.
3.2 Research
Design
“Research
design” according to Nachmias and Nachmias (1985:77) “is the program that guides the investigator in the process
of collecting, analyzing and
interpreting observations”. In this study, survey
descriptive approach is adopted which Osuala (1982:145) describes as a “research that specifies the nature of given phenomena”. This approach is
justified on the ground that it will give in- depth
understanding of the role of prisons in, Criminal Justice Administration. This will also, as
Osuala has observed, give a true picture
of what the focus of this research is all about. The survey angle to the research is included because a
reasonable number of population samples
are used in conducting the
study.
3.3
Area
Of Study
The area of study is the Federal Capital Territory, Abuja kuje
prison with six Area Councils and about 1,405,201 inhabitants according to 2007
census conducted by President Olusegun Obasanjo Administration. Institutions of
Criminal Justice Administration in the FCT include the various police and other
security agencies, the courts and the prisons, which unlike the police and
court, has only one in the F.C.T the Kuje prison. The population of the F.C.T
is currently put at over 3 million people.
3.4
Population
And Sample Of Study
The population of study in research
according to Ekeh (2003:79) refers to the entire members of the universe
being studied...that possess those characteristics or traits in’ which the
researcher is interested”. The major stakeholders that
are involved in the triangular Criminal Justice Administration ‘relationship,
namely, the policemen, court officials and Prison Population the warders and prisoners
constitute the population of this study from where a sample population is
gotten. In other words, policemen and women, staff of various courts in the
F.C.T and warders and prisoners in Kuje prison constitute the population of the
study. The researcher justifies using the above population and sample because
they represent the closest constituency of Criminal Administration in the
Federal Capital Territory.
3.5
Sample
Selection And Techniques
In view of the heterogeneous nature of the population of study, systematic sampling method, under
probability sampling techniques are deployed in carrying out the research. Due
to time and financial constraints, and large area of study, the organizations involved
in Criminal Justice Administration, namely, the police, courts and prison are
allocated research instruments in the following ration: 40:30:30 respectively.
Those selected were randomly done as indicated earlier.
3.6
Instrument
Of Data Collection
The instruments used by the researcher
are: Interview, Questionnaire and Observational Techniques where
structured and unstructured questions
are used. The questionnaire contains ‘yes’ and ‘no’ options, however,
instructional aspect of the questionnaire gives the respondents’ ample
opportunities to express their views on the issues as they want. Observation
aspect takes the form of observing the respondents
in the course of the research.
3.6.1 Validity
of The Instrument
The instruments used in the study, -namely,
Interview, Questionnaire and Observation
are packaged to properly measure the validity of the study because they
accurately measure or ascertain the’ subject matter “The role of prisons in the
Criminal Justice Administration in Abuja”. The Research hence deployed content
validity in dealing with the subject matter.
36.2 Reliability of the Instrument
One of the major concepts involved in
measurement is reliability. OsuaLa (1982:127), explains that reliability refers
to consistency of measurement. The instrument used by the researcher no doubt measure
the consistency of the problems under different conditions and at different
times with selected organizations in the area of study, and this is maintained
by Test-retest approach. This is justified because the researcher, knowing full
well that in research, if enough care is not taken the idea of “garbage in
garbage out” might cause a huge damage to the outcome of research.
3.7
Methods of Data Collection
Methods of’ data collection as Ekeh (2003)
puts it “are description of how the
researcher administers or collect information or data from respondents or those
sampled”. Both data-primary and secondary are collected b the researcher by
‘himself with a research assistant that was earlier lectured on how to carry
out field work of this nature. The data collected
include journals, magazines, and books relating to the three legs of the
criminal administration in Nigeria.
3.8
Method Of Data Analysis
In view of the fact that this research
is a descriptive type, corresponding
method of data analysis are made uses of they include tables, frequencies, and percentages.
CHAPTER
FOUR
DATA
PRESENTATION AND ANALYSIS
This
chapter presents and analyses all the data collected based on the feed-back or responses from the respondents
through the questionnaire administered
on the sampled population.
Being
a survey descriptive study, the results are presented in
Tables and analyzed with simple percentages.
Table 4.2: Gender Distribution of
Respondents
Sex
|
Frequency
|
%of Respondents
|
Male
|
58
|
64
|
Female
|
32
|
36
|
Total
|
90
|
100
|
Source: Field Survey, 2017
Table
4.2 shows that 58 (64%) of the respondents are male, while 32 (36%) are female. This implies that
the researcher is gender sensitive,
though understandably, male respondents are more than female respondents.
Table 4.3: Age Distribution of
Respondents
Age
Bracket
|
Frequency
|
%of
Respondents
|
30
YRS & below
|
18
|
20
|
31-40
years
|
48
|
53
|
41-50
years
|
24
|
27
|
51-60
years
|
-
|
-
|
61-and
above
|
-
|
-
|
Total
|
90
|
100
|
Source: Field Survey, 2017
Table
4.3 above shows that 18 (20%) of the respondents are within the age bracket of 30 years below; 48
(53%) fall within the age bracket of 31-40
years; while 25(27%) of the respondents are between 41 and 50 years of age. This shows that majority of those
interviewed are young people below
50 years of age. Majority of them however fall within the
age bracket of
31-40years.
Table 4.4:
Respondents Qualifications
Qualification
|
Frequency
|
% of Respondents
|
FSLC
|
-
|
-
|
School Cert/GCE
|
-
|
-
|
OND/HND/BSc
|
64
|
71
|
MSC & above
|
26
|
29
|
Total
|
90
|
100
|
Source: Field Survey, 2017
The
data above shows that 64 (71%) of the respondents hold OND, HND or BSc degree from different
disciplines; 26 (29%) have MSc and above. This
shows that those interviewed are quite educated in their fields, implying also that many Nigerians,
especially those in security and security-related
organizations and judicial institutions are Academics conscious.
Table 4.5:
Respondents Knowledge of Functions of the NPS
|
Frequency
|
% of Respondents
|
a. Helping the Police to
arrest criminals
|
4
|
4
|
b. Reporting suspected criminals to the authorities
|
2
|
2
|
C. Warehousing arms and ammunitions to fight Boko Haram
|
2
|
2
|
d. Reforming of prisons inmates to changes their delinquent
behaviours
|
60
|
67
|
e. Rehabilitation OF Prison Imamates To Live A Normal Life
|
16
|
18
|
f. Keeping safe custody of inmates in prison
|
28
|
31
|
Source:
Field Survey, 2017
In table 4.5, the first three options are not the functions, of the NPS, while the last three options are. Sixty (60) or 67% of those interviewed are quite aware of the fact that reforming .of prison inmates is one of the functions of the prison. Sixteen or 18% and 28 or 31% are aware of other functions of the prison. The data also shows that the awareness of the core functions of the prison is quite low, even among the stakeholders’ security judiciary and prison staff-
Table 4.6:
Effects of corruption on C.J.A in Nigeria Frequency
Options
|
Frequency
|
% of Respondents
|
Yes
|
88
|
98
|
No
|
2
|
2
|
Total
|
90
|
100
|
Source:
Field Survey, 2017
On the effects of
corruption on C.J.A in Nigeria, 88(98%) answer ‘yes’ to the question: “Do you agree with the observation that the
Nigerian C.J.A is losing its
independence?” while only 2(2%) answered ‘no’ to the same question. The data above clearly shows that
majority of the respondents believe that
corruption has permeated the C.J.A in Nigeria.
Table 4.7: Losing
of Independence by the Nigerian C.JA
Options
|
Frequency
|
% of Respondents
|
Yes
|
82
|
91
|
No
|
8
|
9
|
Total
|
90
|
100
|
Source:
Field Survey, 2017
Table
4.7 above shows
respondents, responses on whether the Nigerian Criminal
Justice Administration is losing their independence; eighty- two (82 or 91%) of the respondents answered ‘yes’, while 8 or 9% responded ‘no’. From their responses,
one can deduce that majority of the
respondents have lost confidence on the I Independence of the Nigerian C.J.A, and this is not good
enough in view of the negative implications.
Table
4.8: Guaranteeing of Justice at all times in Nigeria
Options
|
Frequency
|
% of Respondents
|
Yes
|
56
|
62
|
No
|
34
|
38
|
Total
|
90
|
100
|
Source: Field Survey, 2017
The above table
demonstrates the responses of respondents on whether justice is guaranteed at all times in Nigeria. Fifty-six
(56 or 62%) of the sampled population
posit that justice is not achieved in Nigeria, while
34 (38%) of other believe justice is achieved or guaranteed in Nigeria.
The result though not overwhelming but calls for concern because of the negative implications
when applied to the larger society.
Question 9:
Suggestions on Ways to strengthen the Nigeria C.J.A
Majority
of those sampled believe that judicial independence; equality before the law, proper funding of the
judiciary; employment of more judicial
officer; training and retraining of judicial officers; eradication of corruption in the judiciary; non
political interference; injection of fearless
judges in the judiciary; enough welfare packages for judiciary officers will go ,a long way to strengthen
the Nigerian C.J.A.
Few numbers of them suggest the following as ways of making the C.J.A more functional, effective and efficient. Discipline of officials in the C.J.A; Legislative reforms; judicial autonomy; speedy trial of criminal cases; keeping those on .awaiting trial outside the prisons, proper rehabilitation of prison inmates; easy access to legal services by offenders; restructuring of C.J.A; helping the police to arrest suspects; sound academic qualifications for C.J.A officials; putting a stop to unnecessary adjournment of cases in courts; Chief Justice of the Federation to be elected not appointed as currently practiced; abolition of quota system in appointment of judges.
A
small number of the respondents suggest other ways of strengthening the C.J.A in Nigeria to include:
giving more security to our judges; abolition
of legal technicalities in court proceedings; use of Alternative Dispute Resolution (ADR) in
settling
cases; sending cases to court without delay by the police; building more modern prisons; good legislation
by the Federal, State and local
government legislative organs; judges to avoid sentiments in giving judgments.
Table
4.10: Efficacy of deterring criminals through confinement in Prisons
Options
|
Frequency
|
% of Respondents
|
Yes
|
34
|
38
|
No
|
56
|
62
|
Total
|
90
|
100
|
Source: Field
Survey, 2017
Question 10 on
the questionnaire is meant to know the respondents’ view on the issue of whether confining criminals in prison has deterred other people from committing
crime. As many as 34(38%) of those
sampled answered in affirmative, while 56 (62%) posit that confining criminals into the prisons does
not deter the would be criminals.
Their responses are instructive in that as much as 62% of the people sampled believe the current
system of confining criminals in prisons
can not deter other people from looming criminal acts.
Table
4.11: Capability of Nigeria Prison in reforming Prisoners
Options
|
Frequency
|
% of Respondents
|
Yes
|
36
|
40
|
No
|
54
|
60
|
Total
|
90
|
100
|
Source: Field Survey, 2017
Table 4.11 indicates the responses of
those sampled on whether the Nigerian
Prisons have what it takes to reform
prisoners. Thirty-six (36 or 40%) of the
respondents believe that Nigeria
prisons
do have the capacity to reform
prisoners; while 54 (60%) of them do not believe. The data go a long way to show that many do not have
confidence in our prison system
and one can infer that this trend is applicable to the larger society.
Table
4.12: Capability of Nigeria Prisons
to Rehabilitate Prisoners
Options
|
Frequency
|
% of Respondents
|
Yes
|
40
|
44
|
No
|
50
|
56
|
Total
|
90
|
100
|
Source: Field Survey, 2017
The
table above shows that 40 (44%) of those sampled believe that the Nigerian prisons have the capability to
rehabilitate prisoners, while 50 (56%)
of them do not agree. Here again, it is instructive that majority of those sampled do not believe that the Nigeria prisons do have the capacity and capability to rehabilitate
prisoners.
Table
4.13: Reverting to Traditional “Nigerian” treatment of
Juveniles
Juveniles
Options
|
Frequency
|
% of Respondents
|
Yes
|
50
|
66
|
No
|
40
|
44
|
Total
|
90
|
100
|
Source: Field
Survey, 2017
Table 4.13 above
demonstrates that 50 (66%) of the respondents would prefer Nigerians reverting to Traditional “Nigerian” method
of treating juveniles instead of the
current method. This verdict of the respondents may have been as a result of harsh treatment meted to the
juvenile in the current British inspired system.
Table 4.14:
Preference for reverting to Traditional "Nigeria" System of treating those who commit "theft due to
hunger".
Options
|
Frequency
|
% of Respondents
|
Yes
|
82
|
47
|
No
|
48
|
53
|
Total
|
90
|
100
|
Source: Field
Survey, 2017
Table 4.14
indicates that 42 (47%) of the respondents want Nigerians to revert back-to traditional “Nigerian”
system where those who stole because
of hunger were given mild punishment or no punishment at all; while 48 (53%) posit that they do not
approve of it.
Table 415: Using
traditional “Nigerian” system to settle non- serious
criminal offences than reporting to the Police
Options
|
Frequency
|
% of Respondents
|
Yes
|
82
|
91
|
No
|
8
|
9
|
Total
|
90
|
100
|
Source: Field
Survey, 2017
The above table
indicates that overwhelming number of the respondents
(82 or 91%) would prefer Nigerians to revert back to traditional “Nigerian” way of settling non-serious criminal cases through community leaders than restoring to
informing the police; while only a few number of them (8 or
9%) would want Nigerians to continue
with current practice of reporting such non-serious criminal cases to the police.
Table 4.16: Respondents’
Responses on the current harsh
Nigerian
socio-economic that tends to force some Nigerians into criminality
Options
|
Frequency
|
% of Respondents
|
Yes
|
80
|
89
|
No
|
10
|
11
|
Total
|
90
|
100
|
Source: Field
Survey, 2017
Table 4.16 above show that majority (80/89%) of the respondents
believe that the current socio-economic environment in Nigeria tends to force
some Nigeria into criminality, while only a minority few (10 or 11%) do not
agree that the current harsh socio-economic situation in the country force some
Nigerians into criminality. The verdict returned by the respondents is quite
instructive because such situation has potentials for grievous consequences.
Table 4.7:
Respondents' view on about 70% of Nigerians awaiting trial in prison
Options
|
Frequency
|
% of Respondents
|
Yes
|
42
|
47
|
No
|
48
|
53
|
Total
|
90
|
100
|
Source: Field
Survey, 2017
Table
4.17 shows that 42 (47%) of the respondents approve of a situation where over 70% of Nigerians
especially the young ones are on
awaiting trial list in the Nigeria prisons, while 48 (53%) of those sampled
do not approve of the situation, but they have variety of suggestions on how to change, the situation
for better.
Some
of the major ways to change the current situation where we have about 70% of
Nigerians, mostly young ones awaiting trial in the Nigeri prisons include; creation of employment
or job opportunities for the unemployed; training
the unemployed to be self-reliant;
provision of free education to all;
speedy dispensation of justice; attitudinal
change by prosecutors;
repositioning of Legal Aid Council; good
leadership; carrying the youth alone in
government policies; employment of more
policemen and women; and setting up of special court
to try certain offences.
Yet, another set of those sampled advocated for overhaul of the
judiciary; creation of a just and fair society; stoppage -of delaying justice;
construction of better prisons and rehabilitation of prisoners; granting of
amnesty to some categories of prisoners; decongestion of prisons: provision of
basic amenities in prisons; addressing the issue of bail for those in police
custody; proper education to all children; respect for traditional
institutions; some defense councils to work on pro-bono basis; thorough
investigations should be conducted before suspects are reminded in police custody;
extension of bench warrant to 14 days; adoption of Alternative Dispute
Resolution (ADR); establishment of juvenile courts; dismissal of prolong cases;
good moral upbringing of air youths; sacking of corrupt judges, quick
dispensation of justice; reverting back to traditional African Criminal Justice
Administration and reforming security agencies.
4.18
Summary of Findings
Having analyzed the data presented in Chapter four, below are
the summary of the findings:
the summary of the findings:
1.
On
the knowledge of functions of the NPS by the respondents, it is clear that
majority of them do not underfund the key functions of the prison.
2.
Corruption
has seriously affected the C.J.A in Nigeria
3.
Another
finding is that the Nigerian C.J.A is losing their independence
4.
The
fourth finding is that justice is not guaranteed at all times in Nigeria.
5.
Suggestions
on how to make sure that justice is guaranteed to all Nigerians at all times
are divergent: Judicial independence, proper finding of the judiciary, employment
of more judges to handle cases in courts; training and re-training of judicial
officers; eradication of corruption in the C.J.A topped the list of solutions preferred.
6.
It is
found out that confining of prisoners in the prison has not deterred other
people from going into criminal activities.
7.
The
NPS does not have the capacity and capability to reform and rehabilitate
prisoners.
8.
Reverting
back to traditional “Nigerian” method of treating juveniles is preferred to the
current British inspired method. However, reverting back to traditional
“Nigerian” way. of treating those who “steal due to hunger” is not accepted
9.
Preference
was given to reverting back to traditional “Nigerian” practice of using
community leaders to settle non-serious criminal cases, than reporting such to
the police.
10.
The
current socio-economic situation in Nigeria tends to force many Nigerians, especially the youths
into criminality.
11.
In
spite of the finding on (10) above, respondents do support the practice of
allowing over 70 percent of Nigerians awaiting trial in the Nigerian prisons all over the country.
12.
Major
suggestions on how to reduce the number of people in awaiting trial list
include creation of employment; speedy dispensation of justice; provision of
social security for the unemployed; creation of a just Nigeria and good
economy; employment of more policemen and selling up of special courts.
CHAPTER FIVE
SUMMARY CONCLUSION AND RECOMMENDATIONS
SUMMARY CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion
In writing the concluding part of this study, the findings are related to the body of knowledge; the implications as they relate to the questions explained and recommendations made.
In writing the concluding part of this study, the findings are related to the body of knowledge; the implications as they relate to the questions explained and recommendations made.
As noted in literature review, the “outputs” from the police and
courts are the “inputs” of the prisons; and for the Nigerian prisons to play its roles in triangular relationship in
the C.J.A, it must perform its core responsibilities or functions very well.
However, from the researcher’s finding, the NPS has not fulfilled its core
functions of reforming and rehabilitating the prisoners.
The close relationship between the two other sub-systems of CJA
implies that for the Nigerian prisons to effectively play its role very well, the police
and courts must be effective, efficient and functional because as noted above, the “outputs” of the police
and courts are the ‘inputs’ of the prisons. There is no way, for example, the
prison can effectively and efficiently play its statutory roles in the CJA in
Nigeria if the police and courts are still riddled with corruption, poor
funding, political interference, etc.
5.2 Recommendations
In view of the fact that the CJA in any country involves the three closely related sub-systems, namely, the police, the courts and the prisons, and the “out puts” of the first two are the “inputs” of the tired- the prisons, the recommendations made are based on the findings cutting across the entire CJA, not just the prisons. They are:
In view of the fact that the CJA in any country involves the three closely related sub-systems, namely, the police, the courts and the prisons, and the “out puts” of the first two are the “inputs” of the tired- the prisons, the recommendations made are based on the findings cutting across the entire CJA, not just the prisons. They are:
1.
Judicial
reforms have to be effected to make judiciary in dependence and autonomous in
order to effectively play its role of quick dispensation of justice.
2.
Adequate
funding of CJA through which staff of should have more training and retraining,
modernize the entire system increase the salary and welfare package of the
entire staff should be the order of the day.
3.
Corruption
and all forms of political interference especially in police and courts should
be eradicated.
4.
Speedy
trial of cases, stoppage of unnecessary adjournments and abolition of legal
technicalities in courts should be put in place.
5.
Adoption
of alternative Disputes Resolution and reverting back to modernized
pre-colonial “Nigerian” approach to CJA in some areas should be considered.
6.
Building
more and the necessary amenities and conducive interpersonal relationship among
the staff of prison and inmates should be effected.
7.
Good
leadership that will bring about ‘good governance that will reduce social
inequality and create egalitarian society as envisaged by the current
8.
Nigerian
constitution should be enthroned.
9.
Creating
job opportunities and provision of social security to those who don’t have jobs
should be implemented.
10.
Amnesty
should be granted to some categories of prison inmates.
11. Quick granting of bail to accused persons
and stoppage of arresting people just to extort money from them by the police
should be considered.
12. Granting of free education at all
levels for Nigerian and `establishment of juvenile courts to try juveniles
should also be considered.
Appendix I
Intercultural Conflict and
communication
Faculty of Social Sciences
Department of Sociology
Faculty of Social Sciences
Department of Sociology
University of Abuja
Dear Sir/Madam,
I am a student of the above
institution carrying out a research on:
“The Role of the Nigerian Prisons in the Administration of Criminal Justice in Nigeria: A Study of Kuje Prison Abuja”.
“The Role of the Nigerian Prisons in the Administration of Criminal Justice in Nigeria: A Study of Kuje Prison Abuja”.
Kindly answer the questions below as
objectively as you can. Your responses are purely for academic purposes hence
shall be strictly private and confidential, and your name is not required.
The outcome of the research shall be
summarized and presented to the university, and can as well be of value to you
and your organization.
I wish to thank you in advance for
your support and cooperation in completing this questionnaire in spite of time
constraint.
Yours Sincerely,
Helen O. Isaac
Agbakoba, 0. and Obiagu, 0. (2002),
Transcending the Wall: A Manual for prisoners Reform: Human Rights Law
Service:
Comparative study of Amanawa
Leprosarium and Sokoto
Prisons. Sokoto F.S.S.A. Research Publication: University of Sokoto.
Prisons. Sokoto F.S.S.A. Research Publication: University of Sokoto.
Dambazna, A. B. (1994): Criminology
and Criminal Justice. Spectrum Books Ltd: Ibadan
Dambazna, A.B. (1994): Law and
Criminality in Nigeria: An Analytical Discourse.’ University Press: Ibadan
Dambazna, A.B. (1994): Law and
Criminality in Nigeria: An Analytical Discourse. University Press: Ibadan
Denham, P. (1983): An Introduction to
Law Edward. Arnold: London.
Doherty, 0. (2008) Criminal Procedure:
A Study Guide Blackstone
Press Ltd: London.
Press Ltd: London.
Egu, Musa A. (1990). History of
Nigerian Prison Service: An Insider’s Account, Garkida Press Ltd: Abuja.
Ekeh, F.l. (2003). Research
Methodology and Statistics in Education, Francis Ifeanyi Chukwu Ekeh: Abakiliki
Goffrnan, E. (1962). Asylums: Essays
on the Social Situation of Mental Patients and other lunatics. Anchor Books:
Garden City
Iwarimie-Jaja, D. (2003): Criminology:
The study of crime, Springfield
Publisher: Owerri
Publisher: Owerri
Lagos Clare, P.K. and Kramer, J.H.
(1977), Introduction to American Corrections, M.A. Holdbrook Press mc: Boston Cox, Stephen M. et aI (1989). The Criminal
Justice Network: An Introduction (2nded). Brown Publishers USA,
W.M.C.
Nachmias, D. and Nachmias (1985).
Research Methods in the Social Sciences (2flded.) St. Martin’s Press: New York
Newman, D.J. (1978). Introduction to
Criminal Justice.
Lippincott: N/York
Lippincott: N/York
Nwankwo, D.I. Omoyiba, Yusuf, A.R. and
Adegoke, A.T. (-) Prison and Correction Offenders in Nigeria: National Open
University of Nigeria.
Nigerian Prison Service Annual Report 1985, Federal Government Press: Lagos.
Nigerian Prison Service Annual Report 1985, Federal Government Press: Lagos.
Okeke, Benjamin C. (2008), Towards
Prison Reforms. The Zarephat Aid Story (ed), Presentation Publishing House:
Lagos.
Okonkwo, C.S. and Naish (1980),Criminal Law in Nigeria (2!d ed.) Spectrum Book Ltd: Abuja.
Okunola, R. (1986). Institutional
Treatment and Social stigma,. A 5
Ola, C.S. (2001) Criminal Responsibilities and
Defenses under the Nigerian Law, CSS Law Series: Lagos.
Opara, Al. (198) Criminology and
Penology Cel-Bex & Co Publishers: Owerri.
Osuala, E.C. (1982). Introduction to RESEARCH METHODOLOGY.Africana -FEP Publishers Ltd. Benin City.
Osuala, E.C. (1982). Introduction to RESEARCH METHODOLOGY.Africana -FEP Publishers Ltd. Benin City.
phlp/en/editorial/item/22991-the-cjn’slarrn-on-the-criminal
justice-system. htm. accessed on 29/10/13.
Rawb, J. (1971) “A Theory of Justice” in
Dambazna, A.B. (2007) Criminal and
Justice. Spectrum Book Ltd: Ibadan.
Schodebek, P.P (1983). Management
Systems Wiley: New York.
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