The Chief Justice of Nigeria, Ibrahim Muhammad Tanko, has issued a directive to all judges to review and release inmates in correctional centres with no confirmed criminal case in a bid to decongest the prisons over COVID-19 spread.
The CJN said this in a letter issued on Friday and addressed all chief judges, states judiciaries and the FCT.
He said:
”inmate population at various custodial centres across the country currently stands at about 74,127 out of which 52,226 are awaiting trial persons (ATPs)”.
“Most of these custodial centres are presently housing inmates beyond their capacities and the overcrowded facilities pose a potent threat to the health of the inmates and the public in general in view of the present circumstances, hence the need for urgent steps to bring the situation under control.”
“Considering the above, it has become imperative for your lordships to embark on an immediate visit to all custodial/correctional centres within your respective States to identify and release deserving inmates, where that has not been done already.
“During the requested visit, the chief Judges are enjoined 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.
The CJN also called for special 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 the option of fines and inmates who have less than 3 years term left to serve having served a substantial term of their service for offences that attract 5 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,” he added.
Tanko requested for a report sent to him “for compilation and onward transmission to the presidential committee on correctional service reform and decongestion secretariat, federal ministry of justice, Abuja”.
The CJN also asked chief judges to ensure compliance of lower courts, “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 will regulate the volume of entry of awaiting trial inmates into custodial centres,” he said.
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