Susan Henshaw
One of the landmark events of his first 100 days in office in his second term, was President Muhammadu Buhari’s signing of the Prison Reform Bill into law. The new law, a progressive piece of legislation by all accounts, ushers in sweeping changes to address problems that have plagued the penal system in the country for decades. The reforms are expected to revolutionise the sector in line with the administration’s agenda in social development.
The new law changes the name of the prison system from Nigerian Prisons Service (NPS), to Nigerian Correctional Service (NCS). Lauded by a spokesperson of the Nigerian Prisons as “unprecedented,” the reform will remedy problems of poor conditions, old and dilapidated facilities, overcrowded cells, poor funding and corruption.
In keeping with his promise to cater to the needs of ordinary Nigerians, President Buhari, in his first term in office, began to roll out what has become the largest social development programme in Africa.
Among other benefits, millions of children began getting free school lunches, and conditional cash transfers went out to numerous households of extremely poor Nigerians.
The significance of the Prison Reform Bill begs for an analysis in the context of the President’s broader agenda to provide for the historically under-served.
The bill to amend the old Prison Act was first presented on the floor of the Senate 11 years ago but, curiously, it did not receive the attention it deserved from successive Presidents. The bill was first transmitted to President Buhari in January 2019, and was returned to the National Assembly for some amendments suggesred by Mr. President. The President appended his signature to the bill last month, making it a law of the land.
Speaking to reporters, the President’s former Senior Special Assistant on National Assembly Affairs, Ita Enang, pointed out that the main purpose for the reform was to “keep prisoners in human condition within the capacity of prisons.” It would appear that it was not lost on the President in assenting to this bill that the changes had to happen because the penal system mostly impacted the lives of Nigerians in the lower stratum of society. These poor citizens end up in prison because they happen to be the demographic with the highest rates of interaction with the criminal justice system, but the least likely to afford quality legal representation.
Among other things, the new reforms provide multiple ways for NCS to tackle the burgeoning problem of overcrowding in the prisons. Nationwide, there are almost 80,000 inmates and 250 facilities to house them. Prison authorities now have the power to decline to accept more prisoners into facilities that have met their full capacities. In addition, the new law establishes a duality within the prisons structure. Unlike the former practice of incarcerating all offenders, the criminal justice system now has an option of non-custodial sentencing such as community service, probation, parole, and others. Upon notice to the courts that prison facilities are full, the law provides for expeditious action by the court system to proceed with decongestion. Increase in funding for prisons and oversight to check corruption are also changes this new law provides.
The most consequential effect of the reform the President has ushered in is that it brings Nigeria’s penal system in tandem with modern penal global practices, which emphasise rehabilitation, instead of punishment. The new law humanises inmates by rehabilitating them, so they are ready for re-entry into society as functioning and contributing members after they serve their time. Young or minor offenders are also not jailed with hardcore criminals or recidivists so that they have a chance to be reformed.
Social development policies are about improving the lives of all individuals in society, so that whether they are incarcerated or not, they can someday reach their full potential. The President appending his signature to the Prison’s Amendment Bill within his first 100 days would not only bring about monumental changes in the nation’s penal system, it is in line with his administration’s agenda of investing in social development. What remains to be done is effective follow-up or implementation by appropriate authorities in the land.