Prisoners’ Rights Under The Nigerian Law: Legal Pathways To Progressive Realization And Protection

Abstract

A prisoner is denied certain rights as a result of the custodian judgment
 passed on him or her by a court of law. A prisoner in custody is
specifically subjected to restraint of movement and can, therefore, not
have total assurance of enjoyment of the freedom of personal liberty under
the law. Be that as it may, a prisoner who is observing the sentence of
court by being in custody does not totally lose his rights as a human
being and must, therefore, enjoy some basic rights despite being confined
to prison. In reality, prisoners are seen as being less of human beings and
are not well treated when observing custodian sentence. Some rights are
denied the prisoners by the prison administrators and, by extension, the
State by lack of will to promote enabling environment and treatment to
the prisoners. It is against this backdrop that this article appraises
prisoners’ rights that are to be respected, protected and fulfilled under
the law, at national, regional and international levels. The article argues
that there are certain essential and set global standards for the treatment
of prisoners, which are not currently followed in prison administration
in Nigeria. This article examines basic fundamental human rights which
should not be forfeited as a result of incarceration. It evaluates how such
rights fare in the Nigerian prison system, and itemizes practical measures
that must be put in place to ensure the protection and fulfilment of these
rights in Nigeria.