THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

Binta Umar, a 33­year­old woman was 9 months pregnant when Sharia Court of Dorayi remanded herin prison custody on September 26, 2006 (Case No. CR/476/06). The early signs of labour had set in atthe time she was seen by a team of human rights monitors on a visit to the prison. When the monitoringteam requested that the inmate be taken to hospital for delivery, the prison authorities complained thatno financial provisions were made by the government to take care of such emergencies. These includemoney for payment for hospital registration cards and any necessary test before delivery in anyhospital. The situation was so critical that the monitoring team contributed the sum of N10,000.00 toenable the prison’s medical personnel take Binta to the General Hospital in Kano for her delivery.In the male section of the prison, it was discovered that the inmates have been awaiting trial forbetween 1 month and 8 years.Peter Ajah, aged 35, was ordered to be remanded in prison custody by Magistrate’s Court 9,Nomansland, Kano on charges of armed robbery. He has been awaiting trial since 1999. He has nolegal representation.Monday Emma, aged 22, was ordered to be remanded in prison custody by Magistrate’s Court 19,Gidan Murtala, Kano on charges of rape. He has been awaiting trial since 2005. He has no legalrepresentation.DEATH ROW INMATESShuaibu Yahaya, male, 46 years of Tsohon Rogo village in Rogo Local Government Area of, KanoState and Sule Rogo, male, 56 years of Kofar Yamma Ward, Rogo Local Government Area, KanoState were convicted and sentenced to death by stoning by an Upper Sharia Court in Gwarzo LocalGovernment Area of Kano State on July 27, 2006. On June 1, 2006, they were alleged to have raped a14­year­old girl, named Zarau Ali of Rogo Local Government Area of Kano State.Interview with these two convicts who were the only death row inmates at Kano Central Prison raisedthe following human rights issues:­ They were sentenced to death by stoning by an Upper Sharia Court in Gwarzo LocalGovernment Area on July 27, 2006 within 55 days of hearing after 4 adjournments.­ They had no legal representation as they could not afford one and the State did not assign anyto them.­ The convicts wanted to appeal the sentence but had no financial means to do so.­ They were beaten up and sustained head injuries, which were stitched before the policeextracted confessional statements from them. The presiding judge did nothing about theircondition and they had no legal representation to advance their cause.­ That as the monitors came to their cell they assumed that the death sentence was about to becarried out on them. They were in constant trauma expecting their executioners any time avisitor came to the cell.­ They wanted legal assistance to appeal their sentence, as there were no witnesses whotestified against them in the court and they did not believe that the court, which sentenced themto death, had the constitutional power to do so.ACCESS TO JUSTICEcross­section of inmates was interviewed as to whether they have legal representation or not.AFromthe interviews carried out, it was discovered that only one out of every seven inmates hadlegal representation.19