There is no official data available on the specific number of children with incarcerated parents in Nigeria.
The issue of parental incarceration and its impact on children is often underreported and not systematically tracked. However, it is widely recognized that there are a significant number of children affected by parental incarceration in Nigeria, and the challenges they face are substantial.
The impact on the children of incarcerated individuals is particularly distressing, as they often face hardships and disruptions to their lives that are beyond their control.
The lengthy and complex process of appealing a conviction further compounds the suffering of those involved, as the financial burden and procedural delays create additional barriers to accessing justice.
It is evident that the current system is in need of significant reform in order to address these issues and ensure that individuals are not unjustly punished and that their families are not unduly burdened by the consequences of incarceration.
As a mediator or intermediary between those who are incarcerated and the criminal justice system in Nigeria, I have had various interactions with individual inmates awaiting trial who believe they are victims of circumstances, including their relations. Oftentimes, I am exposed to the agony the parents of the incarcerated are going through at home and the impact of the absence of the incarcerated parents on the children.
I always feel the pain when I see children, considered part of the youth of Nigeria, who can no longer go to school because of their parents’ incarceration. I always think of their struggles. Some of them have had their wives abandon them for another man and leave the children with the mother-in-law.
The question is: do these children deserve the punishment and hardship they are going through? Considering the slow and crippled nature of our criminal justice system, it takes 10 to 15 years to get justice. Some, after suffering such injustice, still end up with a death sentence, which may take decades to come out of.
Recently, three individuals were sentenced to death after struggling with justice for 12 years over a crime they claimed they never committed. These three people had a total of 8 children before the incarceration. One had 2 children, and the others had 3. I was privileged to have contact with the relatives of two of these children, and it was confirmed that not all of these children grew up with their mothers. Some of them ended up with their fathers’ aunties at the ages of 7 and 9 after their parents had the problem. Insight into how they are surviving shows how the incarceration of their parents affected their uncles’ and aunts’ businesses.
When the news of their parents’ death sentence was broken to them, it was like breaking the news of a real death. When another one called me to inquire about the outcome of the judgment, I had to ask her if she was in a safe environment. She said yes. When I broke the news, she went into silence, weeping silently.
They asked me what could be the way out, and I said “appeal.” The question is, what does it take to appeal? It is very expensive. This is the reason why the death row is congested, because not many can afford the appeal. The cost of the appeal varies, depending on the volume of the record. The record will be duplicated into 24 copies. 21 copies are going to the Court of Appeal, one copy for the record of the High Court, one copy for the litigation, and the other for the defense counsel. The compilation and duplication of the record always cost 250,000 per appellant.
Additionally, you need to pay 50,000 into the account of the Court of Appeal, which will be refunded after the completion of the appeal. This does not include the defense counsel fees. This is the reason some of the counsel who want to take a case on Pro bono may not take the work seriously or expedite action on the appeal because it is free.
The causes of delay in the appeal process include the compilation and typesetting of the record of proceedings, including the judgment, which always takes time. Many cases are going to the Court of Appeal, including civil cases. The question is, which one do you think will take priority: the lawyer who is handling civil cases or the lawyer who is handling criminal cases? Which one do you think has time to pursue the document?
Another factor for delay is the state. The lawyer assigned to the case may not have time to respond to the appeal in time.
The Court of Appeal factor: The judges may not form a quorum, and their hands may be full. Reading and writing the judgment is a task with great rigor.
What happens when the appeal fails? Then, you proceed to the Supreme Court. All cases of failed appeals in Nigeria are transmitted to the Supreme Court for final determination at the Federal Capital Territory.
If you’ve ever been to the Supreme Court, you will see how well-organized the system of admitting the cases is. They have to input each detail of the case into the computer database. Just as you queue in the bank, these files are also moving. This is the reason why it may be difficult to expedite the process. It can be monitored to know the state of the case at the Supreme Court. This is the reason why the road to justice is a long walk.
Hezekiah Deboboye Olujobi is the Executive Director, CJMR
