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Legal Rights of Inmates in Nigeria: What You Need to Know

In a just society, the rights and dignity of every individual are upheld, regardless of their circumstances. This principle extends to those within the prison system. Understanding and upholding the legal rights of inmates in Nigeria is not only a legal obligation but also a testament to our commitment to justice and human rights.

In Nigeria up till today the conditions of our prisons are deplorable, inhuman and fall far below the standard set by the United Nations, especially in the Standard Minimum Rules for Treatment of Prisoners and related instruments. The right to “respect of the dignity inherent in a human being and freedom from” “inhuman or degrading punishment and treatment” which both the 1999 Constitution and the African Charter seek to protect apply to “every individual”. Prisoners and detainees are not excluded. [1]

Today we shed light on the essential legal rights of inmates in Nigeria, emphasizing the importance of their protection for a fair and compassionate criminal justice system.

(a) The Right to Life and Integrity of the Person:

The Nigerian Constitution, in Section 33, unequivocally guarantees the right to life, stating that "no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offense of which he has been found guilty in Nigeria" [2]. This provision ensures that inmates are protected from arbitrary or extrajudicial killing and upholds the sanctity of human life.

(b) The Right to Be Free from Torture or Other Ill Treatment:

The right to be free from torture or other ill treatment is a universal human right recognized by Section 34(1)(a) of the Nigerian Constitution, which states that "every individual is entitled to respect for the dignity of his person" [2]. This prohibition extends to inmates, emphasizing that no one, regardless of their circumstances, should be subjected to cruel, inhuman, or degrading treatment.

(c) The Right to Health:

Section 17(3)(d) of the Nigerian Constitution acknowledges the right to health, stating that "the state shall direct its policy towards ensuring that there are adequate medical and health facilities for all persons" [2]. This right ensures that inmates have access to necessary medical care and treatment, recognizing their right to health and well-being.

(d) The Right to Respect for Human Dignity:

The right to respect for human dignity is affirmed in Section 34(1)(a) of the Nigerian Constitution, which protects every individual's entitlement to respect for their dignity [2]. This right ensures that inmates, despite their incarceration, must be treated with respect for their inherent dignity and value as human beings.

(e) The Right to Due Process of Law:

Inmates are entitled to due process of law, a fundamental principle of justice enshrined in Section 36 of the Nigerian Constitution. This section guarantees the right to a fair hearing within a reasonable time, ensuring that inmates receive fair and impartial treatment during legal proceedings [2].

(f) The Right to Freedom from Discrimination of Any Kind:

Section 42 of the Nigerian Constitution expressly prohibits discrimination on various grounds, including sex, religion, ethnic group, or political opinion [2]. This provision ensures that inmates should not be discriminated against based on these factors.

(g) The Right to Freedom from Slavery:

While Section 34(1)(c) of the Nigerian Constitution prohibits slavery, it doesn't explicitly address the rights of inmates in this context [2]. However, it is understood that inmates should not be subjected to conditions resembling slavery, and their rights should be protected in accordance with the law.

(h) The Right to Freedom of Conscience and of Thought:

Freedom of conscience and thought is a fundamental human right protected by Section 38 of the Nigerian Constitution. Inmates retain this right, even though some limitations may be imposed on other freedoms within the prison context [2].

(i) The Right to Freedom of Religion:

Section 38 of the Nigerian Constitution also safeguards the right to freedom of religion, ensuring that inmates have the right to practice their religion within the bounds of prison regulations and security considerations [2].

(j) The Right to Respect for Family Life:

Inmates retain the right to respect for family life, as affirmed in Section 37 of the Nigerian Constitution, which guarantees the privacy of citizens, their homes, and their family life [2]. This right recognizes that inmates have family ties that should be respected.

(k) The Right to Self-Development:

The right to self-development, while not explicitly mentioned in the Nigerian Constitution, is inherent to human dignity and personal growth. Inmates should have access to opportunities for self-improvement, education, and rehabilitation within the prison system, in accordance with prison regulations and laws.

Conclusion

The legal rights of inmates in Nigeria, as protected by the Nigerian Constitution and the Prisons Act, are foundational to a just and humane criminal justice system. Advocates for prisoners' rights play a vital role in ensuring that these rights are actively protected and upheld, fostering a more equitable and compassionate society where the rights and dignity of all individuals, including inmates, are respected.

References:

[1] The Rights of Prisoners in Nigeria and the Role of Prisons and Modern Penology (2017). DR. YAHAYA ABUBAKAR MUHAMMAD, DR. MARYAM ISHAKU GWANGNDI, DR. A. S. HASSAN

[2] Constitution of the Federal Republic of Nigeria (1999): http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm