VZCZCXRO5819
RR RUEHMA RUEHPA
DE RUEHOS #0688 2951241
ZNR UUUUU ZZH
R 221241Z OCT 07
FM AMCONSUL LAGOS
TO RUEHC/SECSTATE WASHDC 9502
INFO RUEHUJA/AMEMBASSY ABUJA 9273
RHMCSUU/DEPT OF ENERGY WASHINGTON DC
RUEHZK/ECOWAS COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC

UNCLAS LAGOS 000688 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR AF/W, INR/AA 
 
DOE FOR CAROLYN GAY 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM NI
SUBJECT: PRISON RIOT SPARKS DEBATE ON PRISON REFORM 
 
 
SENSITIVE BUT UNCLASSIFIED; HANDLE ACCORDINGLY 
 
¶1. (U) SUMMARY: Several prisoners died recently during an attempted 
jail break in a federal prison in Ibadan, Oyo State.  The Government 
of Nigeria (GON) pledged to institute lasting prison reform that 
would improve prisoners' living conditions.  However, human rights 
activists argued that no meaningful prison reform is possible 
without an overhaul of the entire justice system.  END SUMMARY. 
 
¶2. (U) On September 11, no fewer than 12 prisoners died and twenty 
others were injured when police fired live bullets and teargas in an 
attempt to quell a riot and prevent a possible jail break at Agodi 
prison, a federal prison facility in the Oyo State capital, Ibadan. 
The prisoners were protesting poor living conditions, inadequate 
medical care, and the alleged deaths of several inmates due to lack 
of drugs and medical equipment.  Overcrowding and long delays in the 
trial process added to prisoners' frustrations. (Note: The Agodi 
Prison, with capacity for 500 inmates, presently houses 680 
prisoners, 619 of whom are awaiting trial. Only 61 have been 
convicted of a crime.  End Note.)  During the protest, the prisoners 
destroyed medical and kitchen equipment and broke several iron gates 
in an attempt to free other inmates. 
 
¶3. (U) On August 27, President Umaru Yar'Adua, during opening 
remarks at the annual Nigerian Bar Association (NBA) conference, 
said his administration is committed to due process and the rule of 
law.  During the same conference, Michael Aondoaaka, federal 
Attorney General (AG), said the GON is committed to the reform of 
the criminal justice system.  Aondoaaka also said he has directed 
all criminal justice agencies, including the police and the Economic 
and Financial Crimes Commission (EFCC) to arraign suspects within 48 
hours as required by law.  In addition, he disclosed that he will 
soon convene an international summit to achieve a common platform 
from which Nigerian law enforcement agencies, whose work relates to 
the criminal justice system, can operate. Additionally, Kehinde 
Ajoni, Executive Secretary, National Human Rights Commission (NHRC) 
promised to recommend lasting reforms that would improve funding for 
living conditions in federal prisons.  She told journalists, during 
a visit to Agodi prison, that the Ibadan prison riot and similar 
riots in Lagos and Port Harcourt are symptoms of the appalling 
prison conditions. 
 
¶4. (SBU) In a September 26 meeting, Lagos human rights watchers 
appeared to be unaware of the President and AG's pledges.  They 
criticized the GON's prior performance noting that the emphasis has 
always been placed on prison reform rather than reform of the entire 
justice system.  They stated that no meaningful reform can be 
achieved until the entire criminal justice system is overhauled. 
The human rights activists gave examples of the corruption within 
the system.  They told Poloffs how law enforcement officers 
manipulate the system to enrich themselves by luring innocent 
persons into committing minor misdemeanors with the aim of extorting 
money from them.  They cited an example of how police in Lagos lead 
pedestrians to illegally cross public roads, only to have them 
arrested on the other side.  The offenders are compelled to part 
with N2,000 to N5,000 (USD15 - 40) in order to be released.  Those 
unable to pay the bribe are detained and subsequently transferred 
from police cells to prisons, where they swell the ranks of 
detainees awaiting trial.  The human rights advocates also cited 
examples of how corruption in the federal and state courts 
contributes to prison congestion.  Attorneys and litigants often 
have to bribe their way through the proceedings, paying court 
employees to file cases, and to obtain relevant documents, including 
copies of judgments; those who cannot pay remain in jail. 
 
¶5. COMMENT: Although funding and maintenance of prisons are federal 
responsibilities, the prisons also house prisoners awaiting trial 
for misdemeanors in state magistrate courts, and state customary 
courts.  This has not only contributed to prison congestion, but has 
also absolved state governments of any responsibility for funding 
the prisons. Meaningful prison reform requires a commitment, from 
both federal and state governments, to build capacity in the 
judiciary and ensure due process.  END COMMENT. 
 
HUTCHINSON