As part of measures to contain the spread of the coronavirus disease, the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad has directed all Chief Judges ( at the federal and state levels) to urgently take steps to decongest prisons across the country.
Justice Muhammad, in a circular issued on Friday, in his capacity as the Chairman of the National Judicial Council (NJC), directed the Chief Judges to ensure that criminal cases were speedily attended to, while they are also required to visit prisons within their jurisdictions.
The CJN, who regretted the large number of awaiting trial inmates in prisons, said: “it has become imperative for your lordships to embark on immediate visit to all custodial/correctional centres within your respective states to identify and release deserving inmates, where that has not been done already.”
The CJN enjoined Chief Judges to consider the conditional or unconditional release of Awaiting Trial Persons who have spent six years or more in custody.
“ATPs who have no confirmed criminal cases against them, aged inmates and terminally ill may be discharged. It is expected that particular attention should be on the aged, those with health issues, low-risk offenders, those with no sufficient legal basis to remain in custody, inmates convicted for minor offences with or without option of fines and inmates who have less than three years term left to serve, having served a substantial term of their service for offences that attract five years and above.
“Payment of fines may be made in favour of inmates convicted of lesser offences with the option of fine, who are in custody because of their inability to pay such fines.
“A report on the proposed visits is required to be forwarded to me for compilation and onward transmission to Presidential Committee on Correctional Service Reform and Decongestion Secretariat, Federal Ministry of Justice, Abuja”, the CJN stated in the memo.
Justice Muhammad also stressed the need for the Chief Judges to direct lower courts to comply with requirements of the Administration of Criminal Justice Act/law in issuing remand warrants in criminal cases, especially in cases which are not within their jurisdiction.
This, according to him, will regulate the volume of entry of Awaiting Trial Inmates into custodial centres.
