Activist lawyer Femi Falana (SAN) and the Nigerian Correctional Service (NCoS) are bickering over his allegation that some of its officials arrange for convicts to evade serving terms.
The human rights lawyer ha alleged last week during a media session titled, “Forget the past, forfeit the future: A nation seceding from humanity”, that some officials of NCoS allow criminals to escape court verdicts by getting young men who will serve jail terms for the convicts.
In a reaction at the weekend to the allegation, its spokesman, Francis Enobore said the authorities of the Service “have observed, with great concern, the statement credited to a legal practitioner alleging that some officials of the Nigerian Correctional Service allow criminals to evade court verdicts by getting young men who will serve jail terms for criminals.
This wild and unsubstantiated allegation is unpatriotic and most unfortunate, especially coming from a respected lawyer of international recognition.” He added that: “What is more worrisome is a growing consistency by the author to vilify the Nigerian Correctional Service without a just course.
It would be recalled that in February 2021, the author alleged that a high profile inmate who was on remand in the Medium Security Custodial Centre, Kaduna contracted COVID-19 in custody.
“The alarm which insinuated that inmates were kept in squalor and exposed to debilitating health conditions, triggered condemnation from various quarters.
Subsequently, an independent COVID-19 test by the National Centre for Disease Control (NCDC) in conjunction with the personal physician of the then inmate was conducted.
The result came negative without a trace of the disease in her system. “Now the alarm is being raised over hearsay arrangements to keep in custody, persons other than those legally convicted yet no name of persons or custodial centre is mentioned.
The Service is compelled to respond to the allegation in order to correct the wrong impression and prevent disaffection the information is capable of creating in the mind of Nigerians.
“For the avoidance of doubt, the process of admitting persons into custody begins with the court where the warrant is issued stating the particulars of the person concerned.
At the designated custodial centre, the personal details are confirmed by the superintending officer before further biometrics, including photographs are taken.
“On routine visits by the Controller in charge of the state, the inmates and their corresponding documents are checked. Furthermore, the Zonal Coordinator conducts his mandatory custodial centre inspection during which these information and general supervision of the yard is carried out.
The ControllerGeneral, on his own, carries out unscheduled visits to any custodial centre and prisoners’ records are checked.
“Moreover, Judges, lawyers, statutory custodial visitors, inmates’ relations, religious groups, civil society organisations and host of other visitors regularly interface with the inmates and it is expected that where such incident is observed, an alarm is raised for appropriate action to be taken.
“Particularly intriguing in this scenario is the fact that author is a public figure like many other distinguished Nigerians, that cannot be denied access to any custodial centre in the country upon request for a genuine course.
One therefore wonders why he would resort to wild statement rather than identify a particular culprit with proof of his allegation as would be expected of a patriot.
“As always, the ControllerGeneral of Corrections, Haliru Nababa is irrevocably committed to the good course of inmates’ care and support for the betterment of the society and recent commendable performances of the inmates in both academic and vocational skills acquisition bear eloquent testimonials to this positive trajectory.
“While soliciting for constructive engagements and contributions from well-meaning Nigerians towards improving custodial management in the country, the Controller General assures of his unwavering determination to put the Service on a higher pedestal.”
Chief Falana also said the country was at war and the level of criminality was on the rise. He noted that “solving the country’s security challenges goes beyond hiring mercenaries.”
Falana disclosed that criminals that had been convicted of a crime were allowed to walk freely on the streets after warders connived with convicts to pay youths willing to serve jail terms on behalf of criminals.
According to him, some of them who had been condemned to prison terms in Kirikiri hardly got there as the exchange was made at Mile 2, a few kilometres to the prison.
He also said that there were some convicts who did not seek a replacement or representation in prison but simply paid court officials after which “he goes from the court to his house.”
He noted: “This will surprise you, when a judge pronounces a jail term, sir, before getting to Kirikiri, at Mile 2, warders have an arrangement whereby some prepared young persons will replace the convict.
That is the person that will enter the prison, he’s paid.
The second one, in the court premises, there’s a syndicate by the defence counsel, prosecutors, warders and court clerks. Once the judge turns his back, the convict will arrange and pay them and the convict will walk back home.
“There’s a study in Lagos, I think 2005/2006, 199 people sentenced for drug trafficking, none of them made it to the prison. It’s a very serious crisis we are facing.
If you want to discuss the security of our country, it goes beyond calling for mercenaries.” Falana added that the country was at war but those in power, for reasons best known to them, had refused to acknowledge this.
He said President Muhammadu Buhari had disobeyed Section 305 of the constitution which required him to declare a state of emergency in war-torn areas.
He said Buhari had failed to take measures to restore law and order in troubled states. Falana further noted that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami had refused to name the 400 financiers of terrorists that the AGF announced in May 2021.
He also said the 800 suspected terrorists Malami mentioned two weeks after that must be put on trial. He said: “Our country is at war, but whether the people in government are aware of this, the enormity of the crisis is another.
For instance, the president has refused, for some inexplicable reason, to declare a state of emergency in those states. That’s what the law says; Section 305, the President shall declare a state of emergency.
“He is supposed to go to the National Assembly for endorsement so that extraordinary measures can be taken to restore law and order. For reasons best known to the President, he has not done that, even to rebrand bandits as terrorists, was a problem.
“In May last year, the AGF, Malami announced that they have arrested 400 sponsors of Boko Haram but because the staff of judiciary are on strike, once the strike is over, they will be on trial.
Two weeks later, he also announced the arrest of 800 Boko Haram suspects who were to be put on trial, that was about a year ago. “None of them has been put on trial.
So if the sponsors of Boko Haram are walking free, perhaps to continue to fund terrorism, we must know the 400 sponsors of terrorism, they must be put on trial. Money has been appropriated by the National Assembly to try arrested terror suspects, but the regime for reasons best known to the people in government is not doing this.
“It is about what has happened to the money budgeted for the defence of our country, what has happened to the arrested Boko Haram sponsors?
Those are the kind of questions the likes of (Nasir) El-Rufai (Kaduna State) governor) should be asking, not diverting our attention.
“Lagos is the largest city in the world without CCTV cameras, if we had CCTV cameras all over the place, what happened to that lady inside the BRT bus wouldn’t have happened.
“Crime happens everywhere because we don’t have gadgets. At our airports, these guys (bandits) can launch attacks and no one knows who they are.
If there is a killing anywhere, people are moving there to touch whatever they can lay hands on, whereas what is done is to remove everyone from there so that taking fingerprints will be enough for investigation.” He also said the 800 suspected terrorists Malami mentioned two weeks after that must be put on trial.
He said: “Our country is at war, but whether the people in government are aware of this, the enormity of the crisis is another. For instance, the president has refused, for some inexplicable reason, to declare a state of emergency in those states.
That’s what the law says; Section 305, the President shall declare a state of emergency. “He is supposed to go to the National Assembly for endorsement so that extraordinary measures can be taken to restore law and order.
For reasons best known to the President, he has not done that, even to rebrand bandits as terrorists, was a problem. “In May last year, the AGF, Malami announced that they have arrested 400 sponsors of Boko Haram but because the staff of judiciary are on strike, once the strike is over, they will be on trial.
Two weeks later, he also announced the arrest of 800 Boko Haram suspects who were to be put on trial, that was about a year ago. “None of them has been put on trial.
So if the sponsors of Boko Haram are walking free, perhaps to continue to fund terrorism, we must know the 400 sponsors of terrorism, they must be put on trial, The Trumpet gathered.
Money has been appropriated by the National Assembly to try arrested terror suspects, but the regime for reasons best known to the people in government is not doing this. “It is about what has happened to the money budgeted for the defence of our country, what has happened to the arrested Boko Haram sponsors?
Those are the kind of questions the likes of (Nasir) El-Rufai (Kaduna State governor) should be asking, not diverting our attention.
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“Lagos is the largest city in the world without CCTV cameras, if we had CCTV cameras all over the place, what happened to that lady inside the BRT bus wouldn’t have happened.
“Crime Happens Everywhere Because We Don’t Have Gadgets. At Our Airports, These Guys (Bandits) Can Launch Attacks And No One Knows Who They Are.
If There Is A Killing Anywhere, People Are Moving There To Touch Whatever They Can Lay Hands On, Whereas What Is Done Is To Remove Everyone From There So That Taking Fingerprints Will Be Enough For Investigation.”
