Substituting Convicts With Innocent: NCS Tackles Falana, Asks Him To Show Proof

By Ayodele Oni

Human Rights Lawyer, Chief Femi Falana, SAN, come under fire from the Nigerian Correctional Service (NCS) for an allegation that has shaken the Nation and embarrassed Nigeria before  the World.

Falana had accused some officials of the NSC of  letting criminals escape court verdicts by exchanging suspects with young men who will serve jail terms on their behalf.

Speaking at an Online Media Session entitled, “Forget the past, forfeit the future: A nation seceding from humanity,” Falana said the country was at war and the level of criminality was on the rise.

But, the NCS in a statement signed by its Public Relations Officer, O.F. Enobore, described Falana’s allegation as wild and unpatriotic. “This wild and unsubstantiated allegation is unpatriotic and most unfortunate, especially coming from a respected lawyer of international recognition”, the NCS said.

Falana also noted that “solving the country’s security challenges goes beyond hiring mercenaries.”

Falana disclosed that criminals that had been convicted of a crime were allowed to walk freely on the streets after warders connived with convicts to pay youths willing to serve jail terms on behalf of criminals.

According to him, some of them who had been condemned to prison terms in Kirikiri hardly got there as the exchange was made at Mile 2, a few kilometres to the prison.

He also said that there were some convicts who did not seek a replacement or representation in prison but simply paid court officials after which “he goes from the court to his house.”

“This will surprise you, when a judge pronounces a jail term, Sir, before getting to Kirikiri, at Mile 2, warders have an arrangement whereby some prepared young persons will replace the convict. That is the person that will enter the prison, he’s paid.

“The second one, in the court premises, there’s a syndicate by the defence counsel, prosecutors, warders and court clerks. Once the judge turns his back, the convict will arrange and pay them and the convict will walk back home.

“There’s a study in Lagos, I think 2005/2006, 199 people sentenced for drug trafficking, none of them made it to the prison.

“It’s a very serious crisis we are facing. If you want to discuss the security of our country, it goes beyond calling for mercenaries.”

NCS, in its reaction maintained that “What is more worrisome is a growing consistency by the author to vilify the Nigerian Correctional Service without a just cause.

“It would be recalled that in February 2021, the author alleged that a high profile inmate who was on remand in the Medium Security Custodial Centre, Kaduna contracted COVID-19 in custody.

“The alarm which insinuated that inmates were kept in squalor and exposed to debilitating health conditions, triggered condemnation from various quarters.

“Subsequently, an independent COVID-19 test by the National Centre for Disease Control (NCDC) in conjunction with the personal physician of the then inmate was conducted. The result came negative without a trace of the disease in her system.

“Now the alarm is being raised over hearsay arrangements to keep in custody, persons other than those legally convicted yet no name of persons or custodial centre is mentioned.

“The Service is compelled to respond to the allegation in order to correct the wrong impression and prevent the disaffection the information is capable of creating in the mind of Nigerians.

“For the avoidance of doubt, the process of admitting persons into custody begins with the court where the warrant is issued stating the particulars of the person concerned.

“At the designated custodial centre, the personal details are confirmed by the superintending officer before further biometrics, including photographs are taken.

“On routine visits by the Controller in charge of the state, the inmates and their corresponding documents are checked.

“Furthermore, the Zonal Coordinator conducts his mandatory custodial centre inspection during which these information and general supervision of the yard is carried out.

“The Controller-General, on his own, carries out unscheduled visits to any custodial centre and prisoners’ records are checked.

“Moreover, Judges, lawyers, statutory custodial visitors, inmates’ relations, religious groups, civil society organisations and host of other visitors regularly interface with the inmates and it is expected that where such incident is observed, an alarm is raised for appropriate action to be taken.

“Particularly intriguing in this scenario is the fact that the author is a public figure like many other distinguished Nigerians, that cannot be denied access to any custodial centre in the country upon request for a genuine course.

“One, therefore, wonders why he would resort to wild statement rather than identify a particular culprit with proof of his allegation as would be expected of a patriot.

“As always, the Controller-General of Corrections, Haliru Nababa, is irrevocably committed to the good course of inmates’ care and support for the betterment of the society and recent commendable performances of the inmates in both academic and vocational skills acquisition bear eloquent testimonials to this positive trajectory.

“While soliciting for constructive engagements and contributions from well-meaning Nigerians towards improving custodial management in the country, the Controller General assures of his unwavering determination to put the Service on a higher pedestal.”

Falana has yet to respond to this reaction by providing any proof or evidence.