Public Safety, Security and Reform of Pre trial Detention in Lagos State

Yemi Akinseye-GeorgeIn discussion of Fola Arthur

Worrey’sLead presentation

Public Safety/ Security and Rights of Pre trial Detainees: What nexus?

• In the discourse on pre-trial detention in Nigeria, emphasis is often placed on the problems of the criminal justice system.

• These have been clearly brought out by the distinguished lead presenter: Mr Fola Arthur Worrey

• But he has gone a step further by underscoring the public interest as well as human rights dimensions of PTD.

Complimentarity of Security & Rights of ATPs

• Public safety/ security and Human Rights in general are complimentary, not mutually exclusive.

• The effective maintenance of law and order serves the public interest of safety and security and also protects human rights

• Detention of persons without trial is symptomatic of the ineffectiveness of the criminal justice system

Crisis of Justice

• The lead paper underscores the crisis in which our system of criminal justice administration is enmeshed:

• The crisis manifests in pervasive lawlessness, abuse of human rights, reduced quality of human life, widespread insecurity, increasing wave of anti-social behaviour, kidnapping for ransom, corruption, extra judicial responses to crime, impunity, lack of accountability, etc.

Still on the crisis of Justice

• The crisis gives rise to delegitimization of the state;

• ‘Legitimacy of the state is predicated on effective and fair application of law to all and sundry especially so as to avoid human rights abuses’ –Arthur Worrey

• Deligitimization of the state breeds social disorder and anarchy which tends towards state failure.

Crisis of Justice (Contd.)

Delegitimization further breeds • Erosion of the citizens’ respect and trust in the

ability of the state to protect its people• Weakening of public confidence in the ability

of the courts to dispense justice• Mistrust of law enforcement agencies and

recourse to self-help

Consequences of the Crisis

• A general atmosphere of palpable fear and insecurity

• Low reportage of crimes- Nigeria with a population 140million people has a total prison population of about 40,000; South Africa with a population of 47million has about 160,000 prison population and UK with a population of 59.7 million has a prison population of 88,197.

Consequences of the Crisis

• Gross undermining of human rights- • Declining economic activities- impoverization

of people e.g. ‘the danger of night travel in Nigeria’, loss of man hours as economic activities could only be carried on in the day owing to fear of armed robbers.

Lagos State’s Response to the crisis of Justice

• The crisis of justice is being addressed through the Reform of criminal justice administration.

• Lagos State has rightly taken the bull by the horn in embarking on reform of its system of criminal justice administration in general and PTD in particular.

Lagos State’s Response

• That places the state in the forefront of the struggle for the realisation of human rights and access to justice, part of the abstract infrastructure without which development is impossible.

PTD Reform attempts include:

• The passage of the Administration of Criminal Justice Law which makes far-reaching provisions for minimising PTD and

• The Criminal Case Tracking System (CCTS) which tracks the case of individuals entering the criminal justice system from arrest to the disposal of his/her case and then alerts the relevant institutions about stalled cases.

PTD Reform attempts (contd):

• The CCTS has in-built capacity to draw attention to cases that are not progressing at a satisfactory rate within the system;

• Implemented with the assistance of DFID, it was designed to function through five computerised Case Tracking Units, one in each of the principal criminal justice institutions: Police, Magistrate Courts, Prisons, Ministry of Justice and High Court.

PTD Reform attempts (contd):

• The CTU in all the agencies are linked electronically to collate, update, share and produce sector-wide data about each ATP in the sytem.

• Establishment of the Office of the Public Defender (OPD) to provide free legal advice and representation to the poor and most vulnerable (See Cap L82 Laws of Lagos State, 2003)

• Provision of strong financial and logistical support for federal criminal justice agencies: the police and the prison

PTD Reform attempts (contd):

Persistent Challenges As Regards PTD in Lagos State

• Notwithstanding the foregoing reform attempts, the PTD continues to pose serious challenges to the administration of criminal justice system in the state as elsewhere in the country:

• The courts remain congested• The prisons remain overcrowded• Police Cells remain intolerably congested

Factors that Inhibit Reform Implementation in the State

• The predominant role of federally controlled institutions which are not accountable to the state- notably the police and the Prisons;

• These police in particular continue to show tendencies towards: impunity; extra-judicial killings, low level of accountability and abuse of human rights; The prisons continue to breed recidivism as first time simple offenders are often mixed with hardened criminals all as ATPs.

Factors that Inhibit Reform Implementation (contd.)

• Applicability of certain obsolete federal laws which continue to undermine the reform attempts of the state such as the Evidence Act (a matter under the Exclusive legislative list of the Constitution)

Factors that Inhibit Reform Implementation (Contd.)

• Weak Infrastructural support for the CCTS- e.g. Erratic power supply which often cripples the electronically powered CTUs.

• Disenchantment on the part of Ministry of Justice officials who are not provided incentives despite the increased role they are expected to play in the unfolding reform dispensation

Going Forward

The lead paper proposes four major platforms of action namely:

• Acknowledgement of the need for effective prosecution of cases;

• Clear criminal justice policy to guide actors and set targets

• Improved resourcing and management of the Criminal justice system and

• Need for new legislative tools-

Going Forward

In addition to the foregoing there is need for:• Increased pressure of the National Assembly

to reform federal (national) criminal justice institutions and laws;

• Greater advocacy with respect for constitutional reform aimed at removing constitutional impediment to safety and security-decentralisation of law enforcement towards local policing.

Going Forward

• Need for prioritization of human rights and human security;

• Greater accountability with respect to violations of human rights including the rights of prisoners;

• Need for a robust crime prevention strategy• Need for witness protection policy to aid the

disposal of cases of ATPs

Going Forward

• Need for a comprehensive crime prevention strategy-

• Need for victims protection services to lessen the impact of crime of crime on individual, family and community

• Need for reduced use of imprisonment• General restoration of the effectiveness of the

Criminal justice system- see the lead paper.

Proactive Leadership of the AG

• The AG of the state should continue to provide proactive leadership capable of driving sector-wide reform in criminal justice administration;

• The CCTS for example should be nurtured and strengthened notwithstanding the exit of the technical partners of the Project (SJG of DFID).

Other Recommendations

• Pressure must be brought on the National Assembly to urgently pass the justice sector reform Bills;

• The cooperation between the MJ and civil society groups should be nurtured and sustained;

• Development partners should continue to provide technical and financial support.

Conclusion

• Public safety and security on the one hand and the reform of pre-trial detention on the other are not mutually exclusive. Rather, they are mutually self-reinforcing. Public safety and security will be greatly enhanced by reduced use of pre-trial detention. Reform of PTD will enhance legitimacy of the criminal justice system, boost public confidence and in turn enhance pubic safety and security.

Thank you for listening

• Prof. Yemi Akinseye-George• Yemakingeorge@yahoo.com• Legal Practitioner & Consultant.• Formerly Special Assistant to the Hon.

Attorney-General of the Federation and Minister of Justice, 2003-2007, May 2010.

• Consultant to DFID and the World Bank.• Director, Centre for Socio-Legal Studies.

Image of PTD in Nigeria: Can it make it to Destination?

Nigerian prison

UK Prison

Ghanaian Prison