Prison congestion arises where the number of inmates at a given period of time exceeds the actual capacity originally meant for that prison. The number of awaiting trial male (A.T.M) and awaiting trial female (A.T.F) varies from day to day dependent from social, legal and constitutional problems.
Any person who is arrested or detained in accordance with subsection 1 (c) of the above named constitution shall be brought before a court of law within a reasonable time, and if he is not tried within a period of
(A) Two months from the date of his arrest or detention in case of a person who is in custody or is not entitle to bail, or
(B) Three months from the date of arrest or detention case of a person who has been released on bail, he shall be released either unconditionally or upon such condition as are reasonably necessary to ensure that he appears for trail at later date
For the purpose of this topic, sec. 35(4) (a) Is more relevant and it is the most abused section of our constitution
CAUSES OF PRISON CONGESTION
The first noticeable cause of prison congestion is the reckless disregard of sec 35 (4) (a) (supra). The provisions of the said section are clear and unambiguous: a person shall be tried within two months from the date of his detention, but the practical realities are a cry from this constitutional provision. The legal effect is that a person who is detained and not tried within two months has a right of redress under sec. 35 (4) (a). Prison congestion has caused a lot damages to our country because the prisons objective of REFORMATION,REHABILITATION AND RE-INTEGRATION OF PRISON INMATES BACK TO THE SOCIETY can never be achieved under the present condition of our prisons across the country.It also hinders proper classification of inmates leaving the management with no option other than putting inmates of different offence together.Why has Nigerian government failed to implement the UN STANDARD MINIMUM RULE ON THE TREATMENT OF OFFENDERS,AND NIGERIA IS SIGNATORY TO THE UN.WHY IS NIGERIA NOT OBEYING THE WORLD GOVERNMENT?
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I will suggest all these debtors to the banks be put in the jam-packed cells to have a feel of what some of the inmates who stole only #5,000 because of poverty are facing. There is no doubt that these debtors have caused a lot of hardship on the citizens of this country.