The President of the NBA Joseph Bodunrin Daudu SAN on Monday the 13^th of December 2010 delivered a goodwill message at the Honourable Attorney General of the Federation’s Conference on Penal Reform and Prison decongestion.

Speaking at the event which took place at Sheraton Hotels and towers, the NBA President congratulated the HAGF on his bold initiative and noted that the NBA had always maintained that the issue of prisons in Nigeria is not simply a penal reform issue but that of National Security. In his words, “The NBA has also postulated that prison reform cannot be undertaken in isolation. Prison reform being an offshoot of the correctional segment of the criminal justice system requires in finding a lasting solution, a holistic approach”.  He urged the HAGF to partner with the NBA in the presentation to the nation of a comprehensive Blueprint for a sound Criminal Justice System.  The NBA President informed participants at the conference of NBA’s intention to organise in June 2011, in Abuja, a National Conference on the Reform of the Criminal Justice System, with the thematic objective of handing over to the new Administration a veritable roadmap for the CJS, which will in turn guarantee Nigeria sound and enviable law and order system in which investors, local and foreign will be well pleased.

 He also informed participants that there is a growing movement globally that has identified Nigeria as lacking in Pre-Trial detention Justice. He stated that this was regrettable in the light of huge amounts spent on Prison decongestion.  He drew attention to remarks previously made by him at the 1^st NBA President’s Roundtable (last week) on the state of human rights in Nigeria in which he stated as follows:

“At the moment, there are not less than 65, 000 persons detained in prisons and police cells as Awaiting Trial Persons. Their continued detention carries with it unintended social and economic consequences. Excessive use of pre-trial detention leads to chaotic, overcrowded and violent conditions where pre-trial detainees, who have not been convicted, are at risk of contracting disease such as HIV/AIDS and Tuberculosis to name a few. Apart from being a treat to public health, it promotes corruption at all levels of the criminal justice system by way of bribery of court officials and police or prison officials for a variety of benefits. Because of inability to pay bribes thousands languish in prison custody. There are other collateral consequences of excessive use of pre-trial detention. It includes the interruption of educational advancement for the youth, disruption in employment and the ability to earn money, greater costs of funding social programs. These are but a few of the negative effects of social justice. Federal Government is not unaware of the foregoing problems. The snag however arises from the manner in which it has sought to provide solution. During the Obasanjo Administration well over 2 Billion Naira was earmarked for prison decongestion. Developed by Bayo Ojo SAN, lawyers were paid N300, 000 per brief to defend persons accused of crimes, argue appeals, defend ATP’s and generally take up briefs that will decongest the Prisons. Lawyers complained that the process was not transparent with briefs being given on the basis of patronage and other mundane consideration. It grew worse during the tenure of Mr. Aondoakaa as AGF when it was rumoured that decongestion briefs were harvested by non- female lawyers and lay persons. The present Administration still has not got it right, though it has attempted to set up a Committee of technocrats to craft a procedure for decongestion I am afraid that it will not yield the desired result. Our solution is borne out the existence of several factors in favour of the Nigerian Bar Association. We have a wide reach, 88 branches in 36 States and the FCT puts us in a position to equitably distribute the briefs according to expertise and experience of our members. It will not be a job for the boys if left in the hands of the NBA to manage, at least not under my watch. The NBA does not desire to keep FGN funds for this exercise; it only desires to be a clearing house for the enlistment of competent members of the Bar to be involved for a fee in the decongestion of Prisons and other detention centres. It will keep records, train lawyers in pre-trial detention justice, carry out advocacy and education in order to hone the skills of all stakeholders in pre-trial justice, whether they are policemen, prison officials, court staff, lawyers, etc.”

We will in due course submit meaningful proposals to the Federal government of Nigeria through the office of the Honourable Attorney General of the Federation on this matter. We expect them to partner with us on this issue. We will even go on to set up an NBA Commission on Pre-Trial Justice both at National and State/Branch levels. We wish to see the commitment of Government on this matter put to optimum use. The opportunity to put Nigeria high up on the index scale ought not to be squandered”

Finally the NBA President said that the NBA acknowledges that there are serious problems, the solution of which is not amenable to any ready formula or quick fix. According to him it requires conscientious intervention and genuine partnerships and the NBA is ready to offer both.