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Founder
The plight of citizen Yoosu Nyitse, the 82-year-old convict currently languishing at Makurdi Medium Security Prison, has attracted the sympathy of the National Human Rights Commission ( NHRC ). Nyitse, who is serving a life sentence for selling Indian hemp, was convicted and jailed five years ago by a Federal High Court in Makurdi after confessing to the crime. He has just spent about five years in prison and his state of health is said to be pathetic.
Citizen Yoosu is reportedly paralysed and suffering from acute arthritis. Members of the NHRC who visited the Makurdi Medium Security Prison recently saw the pitiable condition of the old convict.
The aged convict was practically being carried around by fellow inmates because he could not stand on his feet. The prison authorities were said to have ignored the convict's request for medical attention.
Against the worsening health condition of Mr. Nyitse, the NHRC has, therefore, promised to take his case to the Prerogative of Mercy with a view to securing his release to enable him to have access to medical attention. According to the NHRC, it would make a special plea on behalf of the prisoner to the Prerogative of Mercy to release the convict on compassionate grounds.
Although, it is hoped that the old man will be released based on the intervention of the Prerogative of Mercy or at least be allowed to have urgent medical attention so that he does not die of the disease, which was reported to be threatening his life, it should be stressed that age is not a defence for crimes under the Nigerian law. If an old man would not consider his age before committing a crime, there is no logical reason he should be given any special consideration on the same grounds of old age when he is being considered for punishment. This logic is more apt under circumstances where the offence committed was not a product of accident or necessity but premeditation.
The offence committed by Nyitse is, to say the least, very grievous. That he could engage in the sale of a hard drug at 78 is criminal and irresponsible. It is most likely that his major clients would be youths and hoodlums.
These elements would, under the influence of marijuana, go about disturbing public peace.
It is not clear when Nyitse started his illegal and ignoble trade but it could be safely argued that while it lasted he was a veritable cause of social dis-equilibrium and a facilitator of violent crimes.
Consequently, he deserved the punishment meted out to him and even more against the backdrop of his age and the bad influence he is to members of the younger generation.
Nevertheless, given Nyitse's state of health, and not necessarily his age, we align with the NHRC that the convict be released on compassionate grounds.
Though a convict, Nyitse still has some rights under the law, including that of life. He should, therefore, be given adequate medical attention and very promptly too; and, indeed, the old convict should be given his freedom.
The five years of incarceration, hopefully, would have served as a deterrent to him and other like minds who may wish to engage in criminal activities. The lessons of his self-inflicted travail will be learnt by others.
But these lessons will not have the desired effects should Nyitse be allowed to die in prison.
Once again, the case of Nyitse has brought to the fore the deplorable conditions of Nigerian prisons.
Prisons in Nigeria hardly reform or bring about penitence in criminals; instead, the prisoners come out more hardened and determined to take revenge on the society.
The prisons are very congested, not necessarily as a result of an increase in crime wave, but because of institutional inefficiencies.
The contributions of the police and the judiciary to prison congestion, which in turn put undue pressure on the available resources and facilities, are enormous.
Tardiness and slow pace of investigations by the police and avoidable delay in the disposal of criminal matters before the law courts are in part responsible for overcrowding of the prisons with its attendant implications for the welfare of the inmates. Agreed that some of these inmates are social misfits who deserve to be kept apart, even if temporarily, from civilised persons, but while doing so, the state has no right to subject them wittingly or unwittingly to dehumanising or agonising conditions, such as the one in which some members of NHRC found Yoosu Nyitse at the Makurdi Medium Security Prison.
Source: Nigerian Tribune (Nigeria)
Copyright: 2007 African Newspapers of Nigeria Plc.
Contact: tribune_49@yahoo.com
Website: NIGERIAN TRIBUNE
Citizen Yoosu is reportedly paralysed and suffering from acute arthritis. Members of the NHRC who visited the Makurdi Medium Security Prison recently saw the pitiable condition of the old convict.
The aged convict was practically being carried around by fellow inmates because he could not stand on his feet. The prison authorities were said to have ignored the convict's request for medical attention.
Against the worsening health condition of Mr. Nyitse, the NHRC has, therefore, promised to take his case to the Prerogative of Mercy with a view to securing his release to enable him to have access to medical attention. According to the NHRC, it would make a special plea on behalf of the prisoner to the Prerogative of Mercy to release the convict on compassionate grounds.
Although, it is hoped that the old man will be released based on the intervention of the Prerogative of Mercy or at least be allowed to have urgent medical attention so that he does not die of the disease, which was reported to be threatening his life, it should be stressed that age is not a defence for crimes under the Nigerian law. If an old man would not consider his age before committing a crime, there is no logical reason he should be given any special consideration on the same grounds of old age when he is being considered for punishment. This logic is more apt under circumstances where the offence committed was not a product of accident or necessity but premeditation.
The offence committed by Nyitse is, to say the least, very grievous. That he could engage in the sale of a hard drug at 78 is criminal and irresponsible. It is most likely that his major clients would be youths and hoodlums.
These elements would, under the influence of marijuana, go about disturbing public peace.
It is not clear when Nyitse started his illegal and ignoble trade but it could be safely argued that while it lasted he was a veritable cause of social dis-equilibrium and a facilitator of violent crimes.
Consequently, he deserved the punishment meted out to him and even more against the backdrop of his age and the bad influence he is to members of the younger generation.
Nevertheless, given Nyitse's state of health, and not necessarily his age, we align with the NHRC that the convict be released on compassionate grounds.
Though a convict, Nyitse still has some rights under the law, including that of life. He should, therefore, be given adequate medical attention and very promptly too; and, indeed, the old convict should be given his freedom.
The five years of incarceration, hopefully, would have served as a deterrent to him and other like minds who may wish to engage in criminal activities. The lessons of his self-inflicted travail will be learnt by others.
But these lessons will not have the desired effects should Nyitse be allowed to die in prison.
Once again, the case of Nyitse has brought to the fore the deplorable conditions of Nigerian prisons.
Prisons in Nigeria hardly reform or bring about penitence in criminals; instead, the prisoners come out more hardened and determined to take revenge on the society.
The prisons are very congested, not necessarily as a result of an increase in crime wave, but because of institutional inefficiencies.
The contributions of the police and the judiciary to prison congestion, which in turn put undue pressure on the available resources and facilities, are enormous.
Tardiness and slow pace of investigations by the police and avoidable delay in the disposal of criminal matters before the law courts are in part responsible for overcrowding of the prisons with its attendant implications for the welfare of the inmates. Agreed that some of these inmates are social misfits who deserve to be kept apart, even if temporarily, from civilised persons, but while doing so, the state has no right to subject them wittingly or unwittingly to dehumanising or agonising conditions, such as the one in which some members of NHRC found Yoosu Nyitse at the Makurdi Medium Security Prison.
Source: Nigerian Tribune (Nigeria)
Copyright: 2007 African Newspapers of Nigeria Plc.
Contact: tribune_49@yahoo.com
Website: NIGERIAN TRIBUNE
