SPECIAL REPORT: Nnamdi Kanu and the Hard Realities of Prison Rights in Nigeria

SPECIAL REPORT: Nnamdi Kanu and the Hard Realities of Prison Rights in Nigeria

By Kabir Abdulsalam,

When Justice James Omotosho of the Federal High Court in Abuja delivered judgment on November 20, 2025, it closed one of the most contentious chapters in Nigeria’s political and judicial history.

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), was convicted on all seven counts brought by the Federal Government, ranging from threats to Nigeria’s corporate existence to promoting secession and issuing “sit-at-home” directives.

His recorded broadcasts and interviews were pivotal in securing the conviction. Justice Omotosho imposed concurrent sentences, including life imprisonment on several counts, 20 years on one, and five years on another.

Before sentencing, Kanu stunned observers by dismissing his legal team and opting to defend himself a high-stakes gamble that collapsed midway. His removal from the courtroom for “unruly” conduct ensured he was absent when the final sentences were read.

With the legal phase concluded, a new question now dominates the public discourse: what treatment should a high-profile convicted person like Nnamdi Kanu receive under Nigerian law, and how do actual prison conditions measure up to those standards?

Understanding this requires a clear picture of Nigeria’s custodial classifications. The Nigerian Correctional Service (NCoS) categorises inmates into first-time offenders, habitual offenders, convicted persons, awaiting-trial inmates, condemned/death-row inmates, juveniles in borstals, and vulnerable inmates such as transgender persons. The NCoS Act of 2019 provides the statutory framework guiding their treatment, welfare, and rehabilitation.

Alongside these formal classifications lies the uncomfortable reality of “VIP cells,” widely acknowledged by officials and seen in past cases involving Tafa Balogun, James Ibori, Godwin Emefiele, and more recently, Bobrisky.

These enhanced cells justified on security grounds often include single rooms, fans, mattresses, and occasionally private bathrooms. They highlight the disparity between high-profile inmates and the general population.

What Convicted Prisoners Are Entitled to Under Nigerian Law

To properly situate Kanu’s custodial rights, it is essential to outline the “specific” entitlements guaranteed to all convicted persons under Nigerian regulations:

1. Feeding Entitlements

Under the “2011 Prisons Standing Orders” and NCoS regulations, every convicted inmate is entitled to:

– Three meals daily—breakfast, lunch, and dinner

– Meals that are “sufficient, balanced, and wholesome”

– Clean drinking water Awaiting-trial inmates may receive food from family or external sources, but convicted inmates must be fed by the state.

Despite these provisions, a February 2025 inspection committee led by the Chief Executive of PRAWA, Dr. Uju Agomoh found severe shortfalls, noting: “There was no food up to the approved weekly standard… many inmates are dying due to lack of food.”

2. Clothing and Bedding Entitlements

By law, convicted prisoners must receive:

– Two sets of prison uniforms

– Adequate bedding, including a mattress and blankets

– Additional sanitary materials for women

Yet, many inmates still sleep on bare floors or damaged foam due to shortages, as documented by Omokehinde et al. (2023).

3. Visitation Rights

Convicted inmates are entitled to:

– Regulated but continuous visitation from family

– Unrestricted access to lawyers

– Special visit permissions when ill or preparing legal appeals These rights are reinforced in the “PRAWA Prisoners’ Information Booklet”.

4. Health Care Rights

The NCoS Act mandates:

– Immediate medical examination upon admission

– Access to medical treatment and referral to external hospitals when needed

– Protection from conditions that may endanger life or health

In practice, however, medical units in many centres remain under-equipped.

5. Sleep, Hygiene, and Sanitation Entitlements

Regulations require:

– Clean toilets and bathing areas

– Regular supply of soap and sanitary items

– Adequate ventilation and space for sleeping

Studies in Ikoyi and Ogun custodial centres reveal overcrowding so severe that inmates often sleep in shifts some standing, some sitting.

6. Communication and Religious Freedom

Convicted inmates are entitled to:

– Freedom to practice their religion

– Access to correspondence, subject to screening

– Participation in approved educational and vocational programmes

7. Safety and Non-Discrimination

The law guarantees:

– Protection from assault, torture, extortion, or degrading treatment

– Separation of vulnerable inmates from the general population

– Security classification that matches the inmate’s risk level

These entitlements form the minimum standard that should shape Kanu’s treatment within any custodial facility.

Kanu’s removal from court for unruly behaviour and subsequent placement in a Sokoto custodial facility reflects the complexities of managing a high-profile convict. Nigeria’s prisons—stretched by overcrowding, staff shortages, and ageing infrastructure—often struggle to deliver even the guaranteed minimum standards.

Despite these constraints, PRNigeria’s review shows that Kanu was permitted to receive visits from his previously disqualified lawyer, Dr. Maxwell Opara, as well as from his brother, Prince Emmanuel Kanu, and his wife. These visits fall squarely within the rights guaranteed to convicted persons.

Yet, they also highlight the tension between “rigid security protocols” and “the legal rights of inmates”, especially in a politically sensitive case.

Bobrisky’s widely publicised incarceration earlier this year reignited the debate over VIP treatment in Nigerian prisons. While authorities frequently adjust conditions to ensure the security of high-profile inmates, such privileges rarely extend to the general population, who continue to endure conditions far below statutory standards.

This two-tier system, though unofficial, reflects broader systemic inefficiencies that undermine the spirit of the NCoS Act.

Kanu’s conviction is significant not only for its political implications but also for what it reveals about Nigeria’s custodial governance. Despite comprehensive laws prescribing humane treatment—covering feeding, clothing, hygiene, visitation, medical care, and rehabilitation—implementation remains inconsistent.

 

High-profile inmates may enjoy marginally improved conditions, but the ordinary prisoner continues to confront a harsh reality: overcrowded cells, insufficient food, weak enforcement of rights, and infrastructural decay.

Last Line

Ultimately, Kanu’s imprisonment exposes a dual truth: – The rule of law has taken its course in his conviction.

– But Nigeria’s custodial system still struggles to meet the minimum legal standards owed to every inmate, regardless of status.

Any meaningful reform conversation must move beyond political symbolism and focus instead on enforcing existing laws, safeguarding prisoners’ rights, and ensuring equitable treatment for all who enter the correctional system.