Journal of Research in Peace, Gender and Development (ISSN: 2251-0036) Vol. 1(8) pp. 235-241 September 2011 Available online@ http://www.interesjournals.org/JRPGD Copyright ©2011 International Research Journals Full Length Research Paper The pains of imprisonment: a sociological analysis of the experiences of inmates in Ilorin and Kirikiri prisons Tope Alabi and Stella Olubusola Alabi Department of Sociology, University of Abuja, Abuja, Nigeria Accepted 09 August, 2011 Nigerian prison system as a part of reformative and punitive agent has lost its core valve/functions. The presences of over 240 prisons across Nigeria have little or no effects in reducing crime and perhaps recidivism in Nigeria. The pains, loss and hardship experiences of inmates in Nigeria prisons could hardly justify the crime committed as many of the inmates are mere awaiting trial and some are people arrested in place of a family members of the accused the police could not locate. This paper examined the experiences of inmates: the conditions of Nigerian prisons, the peculiar experiences of the inmates and implications/effects of imprisonment on their family and the society as a whole. The paper relied mostly on primary data gathered from of 40 inmates and 6 warders interviewed at Kirikiri and Ilorin prisons. Other secondary data were obtained from published journals, publication of Amnesty International, and other library materials. The study adopted explanatory approach. The study indicated that imprisonment is of little or no effects on crime reduction. Thus, government is advised to seek more crime-preventive strategies rather than corrective/punitive measures. Keywords: Incarceration/imprisonment, criminal justice system (CJS), offenders, inmates, cell. INTRODUCTION Incarceration as a form of punishment for law-breakers is not alien to modern Nigeria society. It has been a form of practice even before the emergence of colonial rule in Nigeria. According to (Okunola et al., 2002), in the northern Nigeria, a traditional legal system including prison was already in place before the British imperialism. Equally, in south western Nigeria as well as other parts of the country, prison was part of political and legal system before and during colonialism. What only altered was the modification in its administration and functions. Prison system is one of the agents of criminal justice system and perhaps the last stage of criminal justice system in Nigeria. It is primarily charged with the responsibilities of incarcerating and reforming the offenders in the society (Rotman, 1970; Alemeka, 1983; Adeola, 1994). It is regarded as a place where the “undesirable elements, the wrong doers” of the society are kept (Okunola et al., 2002). Historically, the use of punishment for wrong doing is *Corresponding author. E-mail: stellaalabi1@yahoo.co.uk. luckytope4j@yahoo.co.uk, as old as society itself. In about 2000 BC, Moses in the Holy Bible spoke of “an eye for eye and tooth for tooth” (Exodus, 24:24). According to Jeremy Betel (1823), punishment is an imposition of some negative or unpleasant action on a person in response to behaviour deemed wrong by an individual or group with the purpose of retribution and deterring others from engaging in such behaviour. Durkheim (1938) contented that crime is inevitable in the society but punishment works not to remove crime but to heal the wound done to the collective sentiment. Thus, without punishment, the collective sentiments would lose their power to control behaviours and the crime rate would reach the point where it becomes abnormal in the society. To him prison is one form of punishment which he describe as a place in which a law breakers are confined and are, usually deprived of a range of personal freedom and rights. The development of modern prison system to the public penal institution was not recent development. Modern prison started in Nigeria in 1892 when the British colonialists established a prison at Broad Street in Lagos for the purpose of incarcerating the civil offenders and people opposing the colonialists. As at 2010, there were over 240 prisons spread across the country (NPS, 2010; Alabi and Alabi 236 Amnesty International, 2008). The pertinent questions one needs to ask are: were the reasons for establishing these prisons achieved; why has it being repeated recidivism; and what are the pains and implications of imprisonment on the individual inmates,on their families and the post-prison experiences. These questions and many other issues are what this research seeks to elaborate. METHODOLOGY The study relied mostly on primary as well as secondary data obtained from variety of sources. Primarily, data were obtained from 40 inmates and 6 warders in Ilorin and Kirikiri prisons through in-depth interview. Also, other data were obtained from published journals, publication of Amnesty International, newspaper, magazines and newspapers, and information from the internet. Basically, the research approach was mainly descriptive nature using verbal quotations and citations. Objectives of the study The general objective of this paper is to basically examine the untold suffering of inmates in Nigerian prisons taking Ilorin and Kirikiri prison as the case study. Other objectives amongst other things include: • Examining the nature and state of Nigerian prisons, • Critically examine the general experiences and problems faced by inmates in Nigeria prisons, • Identify peculiar experiences of inmates, and • Identify measures in addressing the abnormality facing prison system and criminal justice system in Nigeria. The nature of Nigerian prison and criminal justice system In the broadest sense, criminal justice system (CJS) is the system of practices and institutions of government directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts (Rothman, 1975). Those accused of crime have protections against abuse of investigatory and prosecution powers. The criminal justice system consists of three main parts: (1) law enforcement (police); (2) adjudication (courts); and (3) corrections (jails, prisons, probation and parole). In a criminal justice system, these distinct agencies operate together both under the rule of law and as the principal means of maintaining the rule of law within society. The first contact an offender has with the criminal justice system is usually with the police (or Law enforcement) that investigates a suspected wrong-doing and make an arrest. When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order. The courts serve as the venue wheredisputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical people in any court setting. Offenders are then turned over to the correctional authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration of punishment has taken many different forms throughout history. Prison is seen as a place of confinement; a place in which people considered to be offenders, are physically confined and usually deprived of a range of personal freedoms (Carlson et al., 1999; David, 1996; Ajomo et al., 1991). Prison, according to McCork and Korn (1970), is a castle-like structure isolated from the general community and is expected to protect the “law-abiding” from the “undesirables” (Okunola et al., 2002). Odekunle (1974) contended that prison is an isolated community- often with high wall, locked order and barbed wires- it is expected to return its clients who were ones the undesirable of the society back as fit into the mainstream of larger society. Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other barriers to prevent escape. Multiple barriers, concertina wires, electrified fencing secured and defensible main gates, armed guard towers, lighting, motion sensors, dogs and roving patrols may all also be present depending on the level of security. Remote controlled doors, CCTV monitoring, alarms, cages, restraints, nonlethal and lethal weapons, riot-control gear and physical segregation of units and prisoners may all also be present within a prison to monitor and control the movement and activity of prisoners within the facility. The levels of security within a prison system are categorized differently around the world, but tend to follow a distinct pattern (Carlson, 1999). Most developed countries divide prisons into separate security classes depending on the inmate population and the security needed to keep them under control. Accordingly, most developed countries have classes ranging from the most secure, which typically hold violent prisoners and those judged most likely to escape, to the least, which are most often used to house non-violent offenders or those for whom more stringent security is deemed unnecessary. A custody level in which both design and construction as well as inmate classification reflect the need to provide maximum external and internal control and supervision of inmates primarily through the use of high security perimeters and extensive use of internal physical barriers and check points. Inmates accorded this status present serious escape risks or pose serious threats to themselves, to other inmates, to staff, or the orderly running of the institution. Movement in or out of the pod to and from 237 J. Res. Peace Gend. Dev. exercise yards, work assignments or medical appointments can be restricted to individual pods at designated times and is generally centrally controlled. A small number of corrections officers, sometimes a single officer, are assigned to supervise each pod. The pods contain tiers of cells arranged around a central control station or desk from which a single officer can monitor all of the cells and the entire pod, control cell doors and communicate with the rest of the prison. Supervision of inmates is direct and constant (David, 1996; Diiulio, 1990). Nigerian prisons are in no way different from the ones described above, perhaps worse than them. Chief Obafemi Awolowo an ex-prisoner and first western premier in Nigeria once commented thus; “There is nothing cheering about Nigeria prisons life. The buildings are dull; the cells are semi-dark and the vast majority of inmates are rough in mind and body. They constitute a kind of state with state functionaries within prisons” (Awolowo 1985). Adeola (1988; 1994) argued that imprisonment does not do the offender any good; rather it is used as a last resort of means of punishing the criminals and protecting the society from them. According to Oshodi (2010), prison system in Nigeria is a waste of energy especially the imprisonment of petty offenders. He argued further that other forms of punishment like probation or community service might be more appropriate and should concentrate instead on incapacitating dangerous and persistent offenders by locking them up, if necessary for long period. Generally, Nigeria prisons are one of the worse in the world. They are overcrowded with both convicted criminals and suspects awaiting trial. Prisoners are economically unproductive, physically idle and emotional disturbed (Dambazua, 1989; Oshodi, 2010). This economic idleness of prisoners may be unconnected to increase recidivisms, drug abuse and violence amongst inmates. Atere (2000) asserted that Nigeria prison system is characterized by a picture of hellish conditiontortures, hunger, inhuman treatment, congestion, diseases and premature death. An ex-detainee of Kirikiri maximum prison ones lamented thus: “I don’t wish anybody to go to that place and I pray to God that I should never have anything to do with that place. It is hell on earth…..Even if a person is dying, as long as he/she can still stand on his/her feet, nobody will belief he/she is sick.” Nigeria has about 240 prisons spread across 36 state including Abuja with the capacity of about 47,800 inmates. However, according to report of Nigerian Prison Service in 2010 (NPS, 2010), the total number of inmates in Nigeria was put at over 85,000 and more than 65% of them were awaiting trial. This figure even indicated a reduction in number when compared to about 131,000 in 1999 when suppression, repression and incarceration of people opposed to military regime were at its peak. The criminal justice system has turned to “conveyor belt of justice, from the beginning to the ends. Sometimes, innocent people are arrested and tortured by police. These are routine and widespread practice, with “confessions” extracted through tortured are often used as evidence in trials (Amnesty International, 2008). Most inmates have never been convicted of any crime, with some awaiting trial for up to 10 years. Many inmates awaiting trials are effectively presumed guilty- despite the fact that there is little evidence of their involvement in the crime of which they are accused. Some of the inmates were people not even suspected of committing any crime but were imprisoned along with convicted criminals. Some were arrested in place of a family member of the accused the police could not locate; others suffer from mental illness and were brought to prison by families who were unable or unwilling to take care of them. Most of them have no lawyer to advocate on their behalf (Amnesty international, 2008; Civil Liberty of Organisation, 1995). The Nigerian courts are overburdened by lack of adequate system of court administration, as such they are not able to account fully for the status of a case, or track a case as the availability of modern clerical, technical and professional functions and services remain unattainable. The result is unbearable prison backlog for persons in the middle of legal proceedings. Cases take so long time to get to court and many of the inmates are too poor to be able to pay for lawyer, and only one in seven of the awaiting trial have private legal representation. Although government legal aid existed, but were too few to tackle the numerous cases pending in Nigeria judiciary system. Some could end up spending the rest of their lives behind bars in appealing conditions without ever having been convicted of a crime-sometimes due to their case file having been lost by the police (Oshodi, 2010). State of Nigerian prisons The Nigerian prisons have a few things in common: congestion, dirt and inadequate medical and rehabilitation facilities. As a result, many inmates fall sick and die before they are tried or during jail term (Okunola, 2002; Amnesty International, 2008). NPS (2010) claim that the death rate has declined to 89 from 1,500 per year, due to activities of humanitarian organizations. There were cases of riots among inmates in recent times over poor living standards. Some inmates who are released commit crimes and return to prison either because they were not properly rehabilitated or the society rejected them. A report by Amnesty International titled “Waiting for Alabi and Alabi 238 the Hangman” (2008) shows that most inmates on death row develop psychiatric problems due to the mental torture of waiting indefinitely for the hangman. At the Kirikiri Medium Security Prison, however, there were three hierarchies of prison life, according to one to the inmates in Kirikiri prison. He said: “There is a general cell which can contain up to 25 people. “We sleep over ourselves on the cold floor with no mat. You cannot turn, you have to stand up to turn; and if you even get a place on the floor to lie on, thank God.”In this cell, there is no toilet. The men defecate in buckets which are located inside the room. The windows are small and there is no ventilation. “This is the cell that they put the ‘Alejos’ (newly remanded to prison),” He continued; “The first day I got here, I slept in that cell, I almost died of overcrowding; it was so stuffy. It was full of smells; no air, and mosquitoes dealt with me.” He said he paid his way to live in the “privileged cell,” which is better than the general cell. There is also the cell called the “White House,” which was refurbished by a former inmate. “This is the big boys’ quarters for anybody that can afford it.” At the “White House” there is a big sitting room, decent rooms, inmates have access to basic amenities, television, water, toilet and can cook their own food unlike the general cell. This respondent, who was in the oil and gas company, was remanded in prison custody for fraud and was still awaiting trial after eight months after arrest. Amnesty International (2010) asserted that the Nigerian prisons are fast-becoming an immense embarrassment and a national scandal. They were largely filled with inmates awaiting trial or charges are yet to be filed against them. Many inmates awaiting trial have been in prison for more than two to fifteen years. Some inmates were arrested for low-level crimes such as traffic violations and domestic disputes, which are largely punishable by a fine or a minimal incarceration. As a result of the total breakdown of the Nigerian criminal justice system, the prisons were filled with thousands of inmates who have never been convicted of any crime. Ironically, the hardcore career-criminals are left to roam freely on the streets by the Nigerian police as long as they are “settled” monetarily. Most inmates are financially incapable to afford the services of an attorney to represent them in court. The governments appointed legal practitioners were sometimes ineffective, inexperienced and inefficient. Most disturbing and unfortunately, some inmates were tortured by the police to extract false confessions often used as evidence in court. This inhumane and illegal practice is customary, routine and widespread among the police. The Nigerian Police Force is widely known as one of the most shady, dishonest and dysfunctional organization in Nigeria. There were concerns from international community including human rights groups and developed countries over the neglect of Nigerian government for its obligations in overhauling the prison system. The Nigerian Prisons Service claims to have a total of 144 convict prisons and 83 satellite prison camps. Over the past years, the Nigerian Prison Service has been associated with corruption and total negligent of their constitutional duties. The Nigerian Prisons Service has been characterized as a dysfunctional institution and a total failure. Notwithstanding, life inside the Nigerian prisons cannot be complete without highlighting the plight of the Nigerian prisons staff. They have been known to be highly underpaid, understaffed and under-trained with no reasonable staff benefits coupled with working long hours (Amnesty International 2008). The living conditions in the prisons are appalling and are damaging to physical and mental wellbeing of the inmates, and most cases constitute clear threats to their health. Inmates are forced to survive in the worst living conditions such as poor sanitation, lack of food, lack of medication, overcrowding, poor clothing, insecurity and denied visitation by family and friends. Inmates are forced to sleep two to three on a bed or on the cold concrete floor. There were prisons that have no running water, toilets were cloaked with human waste and taking bath a week is nearly impossible. Prison guards were also in the habit of demanding bribes from inmate families in the forms of money and sexual favour for such “privileges” as receiving visitors, using the telephone, taking a clean bath, visiting hospital. According to CLO (1995), most Nigerian prisons have small clinics or sick bays but lack medicines, and in many prisons inmates have to pay for their own medicines. Guide frequently demand that inmates pay bribe for such “privileges” as visiting the hospital, receiving visitors, contacting their family and, in some cases, being allowed outside their cells at all. General experiences of inmates in Nigerian prisons There is no society in the world without prison system as it is been used to keep the offenders from further “infecting and inflicting” other members of the society. Researches have showed that most developed nations have higher number and percentage of inmates than their developing counterpart. Globally, the number of prisons inmates was estimated to be 9.25 million as at 2006 (Harrison et al., 2006; Walmsley, 2006). The basic differences have to do with effective administration and adequate provision of facilities in most prisons in developed societies. There is nothing appealing in prison life. It is a place where human rights are systematically and totally abused. An inmate comes into the prison with full-fledge, already acquired way of life. However, 239 J. Res. Peace Gend. Dev. Nigerian prisons as correctional institutions are not interested in these old habits and ways, but rather create and sustain a particular tension. As soon as an individual is pronounced guilty or sentenced or (even in Nigeria context, is allegedly arrested for any alleged crime) and was brought into the prison, he/she begins a new way of life. On entering the yard, the offender is stripped off all his/her personal effects brought from the outside world. His/her autonomous decisions, right and privileges are eliminated through the process of collective scheduling of daily activities (Ajomo et al., 1990). Instructions inform of commands are given with no persuasion or negotiation by the prison warders. Any misbehaviour in one sphere of life is held against the inmate in the other sphere. The inmate is constantly enveloped under the atmosphere of constraints- speech, movement, social intercourse and the constitutional rights. The harsh enforcement of rules and constraints automatically subject the inmates into chronic anxiety about breaking the rules and the consequences of breaking them (Morgan 1997, Okunola et al., 2002). Thus, the desire to stay out of “trouble” is normally common among the inmates which most time leads them to avoid certain level of sociability with fellows. The world of work in the prison community presents a different scenario than that which obtained in the world outside. Work here is induced not by reward but by threat of dire punishment which thus leads to demoralization on the part of the inmates. The direct relationship between work done and material value received as well as individual’s productivity and personal status have been broken down. One other stricken feature of Nigerian prison is the aspect of inmates’ life conducted in the same place under the same authority (Okunola et al., 2002). The Nigerian prisons have a few things in common: congestion, dirt and inadequate medical and rehabilitation facilities. As a result, many inmates fall sick and die before they are tried or during jail term (Okunola, 2002; Amnesty International, 2008). Nigerian prison authorities (2010) claim that the death rate has now declined to 89 from 1,500 per year, due to activities of humanitarian organizations. Peculiar experiences of inmates The inmates may be confined in the same restricted place, yet, each of them has a peculiar experience and problems. A common adage in Nigeria says, everyone wears shoe but each one knows where it pinched. The pains of imprisonment go beyond mere incarcerating or rehabilitating the offender, but equally go along some other untold hardships, loss, regrets, disappointments and depressions. From the data obtained from the inmates serving different jail terms as well as those awaiting trials in Ilorin and Kirikiri maximum prisons, there were tail of woes and sorrows expressed by these inmates. More than 65% of the inmates interviewed expressed regret for their past misdeeds; 72.5% of the respondents have lost hope of having a better future with only 12.5% expresses their confidence of better future; 75% of the awaiting trials had no confidence in CJS of ever being fairly treated; 47.5% of the awaiting trials claimed they have spent more than one year in the prison with their cases never brought before court. A convicted ex-cultist university student, serving 10 year jail term lamented thus: “Where will I start my life after ten years in this hold, to go back to school or to start a business, or get married? He continued, “I was in 400 (final year) levels in the department of Political Science before I was caught along other cultists. We were tried and jailed for various offenses accordingly and I was sentenced to 10 years imprisonment (with hard labour). I am finished. My parents may not be ready to sponsor me again as they have now dissociated themselves from me”. To him, he was not only facing and suffering the pain of imprisonment but has equally lost hope and assurance of better future. A similar but different experience of regret and expression of bleak future was expressed by another inmate who was a former employee of a bank with ND (National Diploma) certificate. According to him, he lost his job as bank staff but took to wrong business which eventually landed him in prison. He stated thus: “My life is a shame to myself and my family. I have no hope after serving this 6 years jail term. I would be naturally or automatically become ex-convict. Which company or business organization will want to employ me as ex-convict? Even now, my family is scattered, my wife business has gone down due to sustained ridicules, insults and stigmas received from neighbours and the public. I was told my children have been withdrawn from their schools and taken to my village”. Other peculiar pains faced by the inmates include emotional, psychological and health related problems. 62.5% of the respondents claimed they were having emotional and health related problems as a result of the conditions they found themselves. Amongst these set of inmates was a middle aged man who was looking depressed and frail, lamented thus: “It is better to be dead than to be facing all kinds of unbearable hardship in this place. I was (and am still) a hypertensive patient before I was brought to this place. My condition has grown worse as I spend most of the night in insomnia with no comfort from dear one or any Alabi and Alabi 240 object of relief or happiness. The snoring noise of people sleeping and rough lifestyle of my fellows are distracting and offending. Besides, no sufficient space to stretch my leg or turn my sides while sleeping. Also, I have no money to buy some basic necessities”. The general experiences of these inmates reflect the life of disappointments, regrets, lost of hope, low self-esteem, lost of focus and hope for the future. They were encumbered with the regrets of the past misdeeds, depression for the inconveniences of the moment and anxiety of the uncertain future. Beyond the immediate or direct effects of imprisonment, there are other multiplier effects of a inmate’s incarceration on his/her family. From the responses from the respondents, 67.5% of them said their present ordeal have negatively affected their family members; 22.5% said they lost at least one family members as a result of the imprisonment; 45% claimed that at least one of their family members have been stigmatized, ridiculed and expelled from either their house, school, business or community. A middle age man who claimed he was one time a successful international businessman was recounting the immeasurable effects of his ordeals in prison. Though he looked confident and stable, he lamented thus; “Life is no longer fit for a person like me. I have lost my wife to hypertension and my mother has been brought down with stroke from the time I was napped by officers of National Food and Drug Law Enforcement Agency (NDLEA). Both my properties and estate have been sold in order to secure my release but all have gone without any assurance of possible solution……” However, some of the inmates expressed some cheerfulness both in their countenances and their speeches. Amongst this group of inmates were those who undergone reformative programmes through prison authority, or agencies or organizations such as church ministry. Some of these inmates agreed with the justification of their ordeal as some of them claimed to be (harden) criminals before coming in contact with prison. As they were serving their jail terms, they were adequately reformed. Amongst these set of inmates was a man commonly called “The Pastor” by his fellows. He courteously expressed thus: “I thank God for my life. I was into money swindling and engaged in making fake money. When I was caught and prosecuted, I was condemned into death. On getting here I lost hope of neither living nor even regaining freedom but rather expecting the day of execution. But as I waiting helplessly for day of execution, I continue to listen to some preachers who normally visit us periodically and the encouragement from one of the warders here; I responded to their messages and gave my life to Christ- got born again. As time went on, my hope and view about life changed and I adopted selfless God-seeking life .Miraculously, the court later reversed my case of dead sentence and converted it to 10 years imprisonment. Now, I have less than a year to spend in this hold and hope to reunite with my family.” CONCLUSIONS AND RECOMMENDATIONS From the foregoing, it has being made clear that there is no society in the world without prison system as it is been used to keep the offenders from further “infecting and inflicting” other members of the society. Even most developed nations have higher percentage of inmates than their developing counterpart. Incarceration of offenders has its good as well as its odds but the former in normally society should out weight the latter. From the experiences of the inmates serving different jail terms in Ilorin and Kirikiri (Nigerian) prisons, one can assert that imprisonment in Nigeria does little or no good to the culprits and their family (Atere, 2000; Adeola, 1988). Incarcerating the offenders is useful in order to keep the social order in a balance. However, Nigeria government should seek for more crime-preventive strategies rather than corrective/punitive measures. Poverty and ignorant are one the major factors contributing to people’s susceptible to crime and delinquent behaviours (Aderinto, 2000). These factors are prominent features amongst Nigerian populate. Thus, if crime should be reduced, poverty and ignorance should be combed to the lowest state in Nigeria. Also, public orientation on basic rules and regulations and the right of individuals must be religiously pursued. Nigerians prison system must be totally overhauled in order to meet the basic purpose for establishing them. A world class prison system with modern facilities and mode of operation should be adopted. Also, it was made clear of majority inmates in Nigeria prisons are just awaiting trials. Government should provide adequate Anthony assistance to those that cannot afford to pay for the service of lawyers. Although, justice delay may not be justice denied, judiciary proceeding should not be too cumbersome that will result into misplacement of justice or unjustifiable punishment of the innocent especially the inmates awaiting trial. To make the Nigerian legal and criminal justice system manageable the pouring in money into the system may not always be the solution to the problem. In that any money poured into the sub-areas of the police, court, jail, prison systems should evidence tangible outcomes. The judicial branch, with the help of less stressed and competent legal workers especially the clerks, defense lawyers, prosecutors, magistrates, judges, and others, must learn to divert less serious offenders to community-type treatment, punishment or placement, instead of the magistrate’s or judge’s usual verbal sounding to the attending police or prison officer 241 J. Res. Peace Gend. Dev. “take him away”. Also, no matter how much money is spent on the correctional system, as long as the police and the courts remain or refuse commonsense approach of arresting, detaining, and charging a suspect, the Nigerian confinement system will remain contaminated with congestion, stagnation, degradation and injustice. The Nigerian constitution guarantees the right of every citizen to be brought before a court of law within a reasonable time. The judiciary needs to guarantee inmates a fair and speedy trial and offer proper legal representation and address the living conditions in the prisons. 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