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

around 5.30 pm by one Dr. Musa Tukur. The medical report issued by Dr. Tukur stated the cause ofdeath as acute asthmatic attack.When contacted the DPO of Badawa Police Station, Kano, Mr. Muhammad Gana denied the fact thatRakiya died as a result of their negligence and refusal to allow her seek medical attention.Muhammed Balogun is aged 35. He hails from Oyo State, Nigeria. Balogun’ s story illustrates the caseof a psychiatric inmate in the prison. Monitors who went to Suleja prison on 27 th September 2006 talkedto Balogun in his cell. He exhibited signs of mental illness as he was hallucinating and talkingunintelligibly.The Standard Minimum Rules for the Treatment of Prisoners provides in Article 82 that “Persons whoare found to be insane or of unsound mind shall not be detained in prison and arrangement shall bemade to remove such people to mental institutions as soon as possible’’.Balogun was arrested in Zuba, a suburb of the Federal Capital Territory, FCT, Abuja on 15 th September2005 on an allegation of wandering. He was detained in Zuba Police Station from where he wascharged before Upper Sharia Court, Madalla FCT on 29 th Sept. 2005, for an offence of “belonging to agang’’ contrary to Section 306 of the Penal Code” The court ordered his imprisonment for 3 years or anoption of fine in the sum of N10, 000Balogun’s imprisonment is a violation of his Right to Health and Right to Life as provided by Article 16of African Charter on Human and People’s Rights and Section 33 of 1999 Constitution respectively.Besides, his detention in prison is also inhumane and degrading and therefore violates Section 34 ofthe Nigerian Constitution and Article 7 of the International Covenant on Civil and Political Rights as hishealth is likely to continue to deteriorate in the absence of psychiatric attention which he deserves butwhich he is not getting.RECOMMENDATION:Balogun and other inmates suffering from mental sickness should be removed from prison andtransferred to a psychiatric institution for proper medical care in compliance with Article 82 of the UNStandard Minimum Rules for the Treatment of Prisoners.60