It is no longer news that there are babies in Nigerian prisons. What you might have known is that the number is far more than you could imagine.
In Kirikiri prisons in Lagos, a visit by a body (CRAPI), sometime late last year proved a shocker. The group found to their consternation that the prisons not only hold baby prisoners or inmates, but a very large number.
The body that later commenced processes in two Lagos courts to free these baby inmates saw 10 babies. That was not all. They also saw 10 pregnant inmates in the same prison. With at least 10 babies they carry, it means Kirikiri Prisons alone had 20 kids in jail through association as at last year.
But a puzzle that will remain unsolved is not only how these babies got in there, but rather that most of these babies were conceived after the suspect mothers got into detention or started serving terms. Saturday Sun dug into that mystery and discovered that there could be some inexplicable mystery of conception in a prison or detention cell other than what human beings know. Maybe, in prison cells conception is contagious, airborne or waterborne.
Police detention
The search started from the police - the first point of call where some of these women are detained for weeks before they are charged to court. The suspicion in this matter is the fact that most of these mothers-while-in-prison got there without any pregnancy. Viewed in another way, there is doubt if the law in Nigeria permits that a pregnant woman sentenced to prison starts serving the term when the baby had not been delivered.
Pregnant before imprisonment
Saturday Sun also took its searchlight to the police. Some police officers questioned admitted that it is quite possible that some enforcement officers play a role in putting female detainees in family way. There is a caveat here – consent. They claim such suspects must have consented to the act of intercourse and a resultant conception.
“I do not find it an offence if you see a woman and get attracted to her. If you tell me that a policeman is dating a suspect that is a different ball game all together. Anyone that tries that would definitely be dismissed. Besides the IPO would always be there whenever they want to bring them out.”
A police officer that pleaded anonymity, said: “ I am a Christian so I cannot lie. It happens and it is common. These girls willingly give themselves to the police so as to get a shortcut out of their problem. A lot of female criminals and suspects have been let loose because they decided to use what they have to regain freedom. Those who landed in prison must have committed an offence that is obvious and cannot be covered. The IPO will sleep with her with a promise and still fail. It is no longer news.”
In this regard, a lady who dated a policeman while in detention and later ended up in jail could be discovered to be pregnant after the sentence depending on the interval between her sex encounter and time of conviction.
A typical example was an encounter with a lady identified as Chidinma, a prostitute in Yaba who was a victim of this situation sometime. She claimed that her brothel was raided at night and all the sex workers were detained. “ We gave them what they wanted and were released that night. Nobody knew that we were arrested. I can’t afford to be sent to jail, so what’s the big deal if I offer sex to get my freedom.”
Getting it done
Saturday Sun also visited a prison in Lagos disguised as a relative of an inmate who sought to know from a male warder (name withheld) the possibility of smuggling a lady into the cell of a male prisoner who is her brother. The warder laughed hysterically and advised the inquirer to send money to her prisoner relative and leave the rest of the deal to him (the warder) Still pushing further, the inquirer (Saturday Sun) pleaded that she would love to make the arrangement because the family wanted someone to take in for the brother in prison. She was advised to call back, which was done few hours later. The warder went for the business and asked for a N20,000 to facilitate it from her end. But he did not fail to advise that it would be cheaper to arrange a lady inmate to fill the job. With an insider, lady inmate, the arrangement would be entirely that of the warders in-house. “ It would be better, cheaper and easier to get a woman from the female prison. Most of the fine female inmates are reserved for the big boys in prison. Those girls are clean and untouched. They are firm and aggressive in bed,” he laughed.
“Could it be that you also patronize them since you know all these details,” the reporter chipped in. Still laughing, the warder said: “ I am a married man and a Christian. I love my wife but if I were still single, I would not think twice to choose a wife from the prisons. They are better than girls of nowadays who sleep with any man that is ready to drop some money. We have cases of prison warders getting married to an inmate. They are human beings and have changed in the course of their stay in the prisons.”
When told that there could be possibility that these inmates could get pregnant, the warder said: “It is very rare because these are grown ups that have seen life before they were convicted. I believe they should be wise enough to make use of condom, besides it is very rare.
But if that becomes the case, its either the woman keeps the child or flushed it out. Forget about that one, nobody is praying for anything bad to happen. Whenever you are ready, let me know. I gave you a fair deal, no forget me.”
Like a confirmation of the stunning revelation by the warder, an ex- convict who spoke to Saturday Sun on condition that her name won’t be mentioned admitted that such things happen, and only men who can afford the fee go for it.”
“It is a pleasure reserved for the big boys in the prison because it is always arranged by the warder who also gets his cut from the deal. But it is always done with the consent of the woman who is also interested in satisfying herself. I do not blame them because it is not easy for a woman to hold her body not to talk of a man. Is it not better to take the pains and pay such a woman than to masturbate? That is no news. In the five years I spent in prison, if I had the opportunity I would have had my way in such deal but thank God for Christ who gave me the strength to pull through.”
Set them free –Child’s right NGO
Mrs. Ozioma Onyenweaku is advocating that according to our laws, babies should not be kept in prison. CRAPI, an NGO formed to advocate, monitor and defend the rights and welfare of the child stumbled on a stunning revelation that these babies born in the prison are also raised there.
Recently, she got a court order that led to the release of one of the nursing mothers in Kirikiri Prison. Although mother and child are free today, Mrs. Onyenweaku said the order made to preserve the rights of the baby was not acknowledged.
She is currently in court seeking the release of babies and their mothers in Kirikiri prisons.
In a suit before the Federal High Court in the Lagos, CRAPI is requesting enforcement of the Fundamental Rights of pregnant women and babies in prison.
In its application, CRAPI is requesting that a declaration be made that the detention of pregnant women and nursing mothers with their babies is illegal, unconstitutional, an abuse and flagrant violation of the fundamental rights of the woman as enshrined in the African Charter on Human and Peoples Rights (ratification and enforcement) Act Cap 10 Laws of the Federation of Nigeria and other international declarations and conventions signed and ratified by Nigeria.
She also seeks a declaration that the birth and nursing of babies in the prison meant for criminals is not in the best interest of the future generation and the nation.
The body would persuade the court to make an order restraining the government from further detaining a nursing or/and pregnant women in the prison.
Also in another suit at the High Court of Lagos State, CRAPI is requesting for an order enforcing the fundamental rights of all babies in Kirikiri Prison, Lagos. In one of the reliefs its prayer is a declaration that the detention of babies in Kirikiri Prisons is a violation of their rights to liberty and dignity as enshrined in the constitution and preserved in the Child’s Right Law of Lagos State.
Throwing more light on what her grudges are, Onyenweaku said: “I was on the monitoring team when my organization visited the female prisons and discovered that there where pregnant women and babies in the common cell. These women I discovered were allowed to carry their full pregnancy term in prison, give birth in the prison and nurse their babies in the prison.
Disgusted, I wrote a letter to draw the attention of the Attorney General of Lagos State to this ugly situation, but there was no positive response. Even the State Chief Judge who visited the female prison in 2009 can attest to the fact that there are babies in the prison.
“It is all about the right and welfare of the children. We are protecting both the rights of the born and the unborn. We had to go to court, for the babies because they are subjects of the case.”
On the possibility that some of the ladies got pregnant in the prison, the advocate said:
“I had the pleasure to interview pregnant women and nursing mothers, but from what they told me, they were pregnant even before they were convicted. No one said that they got pregnant there. I still recall when I was trying to screen some underaged children in court. They told me that they were in police custody for up to two months while the investigation was in progress. They alleged they slept with policemen to get freedom but the policeman failed them. They were promised freedom if they agreed to sleep with them. This definitely explains why most of these girls discover that they are pregnant as they arrive at prison from police detention.”
On possibility of pregnant women hiding under the law to commit crime, Onyenweaku argued that no pregnant woman would deliberately commit crime knowing that her baby would be at risk.
“If that is the case then the law still stands because we are looking at the rights of the baby not the mother. In a case of a non-institutional punishment, non-custodian should first be considered. In a situation where the woman has been found guilty, the non-custodian (the unborn baby) should first be considered. If the person must be put in prison it must be in a family like environment not just any prison so that the child will have normal development. The Child Rights Act says that there should be a family-like place for women who are in prison. There should be a family-like place for women who are in the prison. After considering other option and you are left with sending that person to prison, the woman should stay with her child and pass on all the natural features to the child through Bosom milk so that the child will grow up normal. The child should not be separated from its parents. Nigeria signed all these laws into power but implementation becomes a problem.
The Police Public Relations Officer, Junaid …. in response said such cruelty can never happen in the Nigeria Police and if anyone has been a victim. “Such person should come to the police and tell her story. We promise that confidentiality would be top most priority.”
Speaking on phone also, the Prison Public Relations Officer, Chuks Njoku told Saturday Sun that the issue of babies born in prison is in the constitution.
It is in the Nigerian constitution that a pregnant woman who is convicted should be accepted in the prison. That is why we have qualified doctors and nurses to attend to them. The babies would be taken away from them as soon as they are 18 months provided their mothers have not served out their terms.”
On allegation that some lady inmates have sex in prison and later discover they are pregnant, the PRO said such does not exist as some of the girls who had spent weeks in police custody get to the prison and discover that they are pregnant. “Remember that most of these women stay in police custody for weeks before they are brought to us. It is at the prison that we discover that they are pregnant and we cannot reject them because the laws permit that.”
Njoku’s response to a question on reservation, place or room for conjugal visit is that there is no legal provision for it.
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