Public Safety, Security and Reform
of Pre trial Detention in Lagos State
Yemi Akinseye-George
In discussion of Fola Arthur Worrey’s
Lead presentation
Public Safety/ Security and Rights of
Pre trial Detainees: What nexus?
• In the discourse on pre-trial detention in
Nigeria, emphasis is often placed on the
problems of the criminal justice system.
• These have been clearly brought out by the
distinguished lead presenter: Mr Fola Arthur
Worrey
• But he has gone a step further by
underscoring the public interest as well as
human rights dimensions of PTD.
Complimentarity of Security & Rights
of ATPs
• Public safety/ security and Human Rights in
general are complimentary, not mutually
exclusive.
• The effective maintenance of law and order
serves the public interest of safety and
security and also protects human rights
• Detention of persons without trial is
symptomatic of the ineffectiveness of the
criminal justice system
Crisis of Justice
• The lead paper underscores the crisis in which
our system of criminal justice administration is
enmeshed:
• The crisis manifests in pervasive lawlessness,
abuse of human rights, reduced quality of
human life, widespread insecurity, increasing
wave of anti-social behaviour, kidnapping for
ransom, corruption, extra judicial responses to
crime, impunity, lack of accountability, etc.
Still on the crisis of Justice
• The crisis gives rise to delegitimization of the
state;
• ‘Legitimacy of the state is predicated on
effective and fair application of law to all and
sundry especially so as to avoid human rights
abuses’ –Arthur Worrey
• Deligitimization of the state breeds social
disorder and anarchy which tends towards
state failure.
Crisis of Justice (Contd.)
Delegitimization further breeds
• Erosion of the citizens’ respect and trust in the
ability of the state to protect its people
• Weakening of public confidence in the ability
of the courts to dispense justice
• Mistrust of law enforcement agencies and
recourse to self-help
Consequences of the Crisis
• A general atmosphere of palpable fear and
insecurity
• Low reportage of crimes- Nigeria with a
population 140million people has a total
prison population of about 40,000; South
Africa with a population of 47million has
about 160,000 prison population and UK with
a population of 59.7 million has a prison
population of 88,197.
Consequences of the Crisis
• Gross undermining of human rights• Declining economic activities- impoverization
of people e.g. ‘the danger of night travel in
Nigeria’, loss of man hours as economic
activities could only be carried on in the day
owing to fear of armed robbers.
Lagos State’s Response to the
crisis of Justice
• The crisis of justice is being addressed through
the Reform of criminal justice administration.
• Lagos State has rightly taken the bull by the
horn in embarking on reform of its system of
criminal justice administration in general and
PTD in particular.
Lagos State’s Response
• That places the state in the forefront of the
struggle for the realisation of human rights
and access to justice, part of the abstract
infrastructure without which development is
impossible.
PTD Reform attempts include:
• The passage of the Administration of Criminal
Justice Law which makes far-reaching
provisions for minimising PTD and
• The Criminal Case Tracking System (CCTS)
which tracks the case of individuals entering
the criminal justice system from arrest to the
disposal of his/her case and then alerts the
relevant institutions about stalled cases.
PTD Reform attempts (contd):
• The CCTS has in-built capacity to draw
attention to cases that are not progressing at a
satisfactory rate within the system;
• Implemented with the assistance of DFID, it
was designed to function through five
computerised Case Tracking Units, one in each
of the principal criminal justice institutions:
Police, Magistrate Courts, Prisons, Ministry of
Justice and High Court.
PTD Reform attempts (contd):
• The CTU in all the agencies are linked
electronically to collate, update, share and
produce sector-wide data about each ATP in
the sytem.
PTD Reform attempts (contd):
• Establishment of the Office of the Public
Defender (OPD) to provide free legal advice
and representation to the poor and most
vulnerable (See Cap L82 Laws of Lagos State,
2003)
• Provision of strong financial and logistical
support for federal criminal justice agencies:
the police and the prison
Persistent Challenges As Regards
PTD in Lagos State
• Notwithstanding the foregoing reform
attempts, the PTD continues to pose serious
challenges to the administration of criminal
justice system in the state as elsewhere in the
country:
• The courts remain congested
• The prisons remain overcrowded
• Police Cells remain intolerably congested
Factors that Inhibit Reform
Implementation in the State
• The predominant role of federally controlled
institutions which are not accountable to the
state- notably the police and the Prisons;
• These police in particular continue to show
tendencies towards: impunity; extra-judicial
killings, low level of accountability and abuse
of human rights; The prisons continue to
breed recidivism as first time simple offenders
are often mixed with hardened criminals all as
ATPs.
Factors that Inhibit Reform
Implementation (contd.)
• Applicability of certain obsolete federal laws
which continue to undermine the reform
attempts of the state such as the Evidence Act
(a matter under the Exclusive legislative list of
the Constitution)
Factors that Inhibit Reform
Implementation (Contd.)
• Weak Infrastructural support for the CCTSe.g. Erratic power supply which often cripples
the electronically powered CTUs.
• Disenchantment on the part of Ministry of
Justice officials who are not provided
incentives despite the increased role they are
expected to play in the unfolding reform
dispensation
Going Forward
The lead paper proposes four major platforms of
action namely:
• Acknowledgement of the need for effective
prosecution of cases;
• Clear criminal justice policy to guide actors
and set targets
• Improved resourcing and management of the
Criminal justice system and
• Need for new legislative tools-
Going Forward
In addition to the foregoing there is need for:
• Increased pressure of the National Assembly
to reform federal (national) criminal justice
institutions and laws;
• Greater advocacy with respect for
constitutional reform aimed at removing
constitutional impediment to safety and
security-decentralisation of law enforcement
towards local policing.
Going Forward
• Need for prioritization of human rights and
human security;
• Greater accountability with respect to
violations of human rights including the rights
of prisoners;
• Need for a robust crime prevention strategy
• Need for witness protection policy to aid the
disposal of cases of ATPs
Going Forward
• Need for a comprehensive crime prevention
strategy• Need for victims protection services to lessen
the impact of crime of crime on individual,
family and community
• Need for reduced use of imprisonment
• General restoration of the effectiveness of the
Criminal justice system- see the lead paper.
Proactive Leadership of the AG
• The AG of the state should continue to
provide proactive leadership capable of
driving sector-wide reform in criminal justice
administration;
• The CCTS for example should be nurtured and
strengthened notwithstanding the exit of the
technical partners of the Project (SJG of DFID).
Other Recommendations
• Pressure must be brought on the National
Assembly to urgently pass the justice sector
reform Bills;
• The cooperation between the MJ and civil
society groups should be nurtured and
sustained;
• Development partners should continue to
provide technical and financial support.
Conclusion
• Public safety and security on the one hand
and the reform of pre-trial detention on the
other are not mutually exclusive. Rather, they
are mutually self-reinforcing. Public safety and
security will be greatly enhanced by reduced
use of pre-trial detention. Reform of PTD will
enhance legitimacy of the criminal justice
system, boost public confidence and in turn
enhance pubic safety and security.
Thank you for listening
•
•
•
•
Prof. Yemi Akinseye-George
Yemakingeorge@yahoo.com
Legal Practitioner & Consultant.
Formerly Special Assistant to the Hon.
Attorney-General of the Federation and
Minister of Justice, 2003-2007, May 2010.
• Consultant to DFID and the World Bank.
• Director, Centre for Socio-Legal Studies.
Image of PTD in Nigeria: Can it
make it to Destination?
Nigerian prison
UK Prison
Ghanaian Prison