The Attorney -General of the Federation and Minister of Justice,
Abubakar Malami , SAN, has written to state governors on the need for
speedy decongestion of custodial centres (prisons) in the country due to
the COVID -19 pandemic .
A statement by the Special Assistant on
Media and Public Relations , Office of the AGF, Umar Gwandu, said the
letters were dated April 9, 2020, and entitled ‘ Urgent need for speedy
decongestion of custodial centres’ .
Malami, in the letter, noted
that from the available records, the inmate population at the various
custodial centres across the country stood at 74, 127, out of which 52
,226 inmates were awaiting trial persons .
The AGF expressed regret that most of the centres were housing inmates beyond their capacities .
According to him , the development poses a threat to the health of the inmates and the public in general.
The
letter read , “ Mr President requests all executive governors to
request their state chief judges to embark on visits to all
correctional/custodial centres within their respective states to
identify and release deserving inmates where that has not been done
already. ”
The attorney- general asked the judges to consider
conditional or unconditional release of the ATPs , who had spent six
years or more in custody , as well as those who had no confirmed
criminal cases against them.
According to the minister , other
inmates to be considered for pardon include the aged, those with
terminal illnesses, low risk offenders, and those with no sufficient
legal basis to remain in custody .
Also to be considered are convicts
of minor offences with or without option of fines and those who have
fewer than three years left to serve after serving substantial parts of
their jail term for offences that attract five years and above .
Malami
further noted that “ payment of fines may be made in favour of inmates
convicted of lesser offences with option of fine ” .
The minister
told the governors the President, Major General Muhammadu Buhari (
retd. ), had approved that they set up their prerogative of mercy
committees to recommend pardon or clemency in line with constitutional
provisions.