Group decries prolonged detention of awaiting-trial inmates

Nigeria's criminal justice system is grappling with a severe crisis of prolonged detention of awaiting-trial inmates, with estimates indicating that over 70% of the correctional facility population comprises individuals yet to be convicted. This pervasive issue constitutes a grave violation of fundamental human rights, including the right to personal liberty, presumption of innocence, and fair hearing within a reasonable time, as enshrined in the 1999 Constitution. Despite the progressive provisions of the Administration of Criminal Justice Act 2015, systemic inefficiencies, unaffordable bail conditions, inadequate legal representation, and judicial delays continue to fuel this problem. Legal practitioners must leverage constitutional and statutory safeguards to advocate for the rights of these detainees and push for comprehensive reforms.

The Nigerian criminal justice system faces a profound challenge in the form of prolonged detention of awaiting-trial inmates, a phenomenon that has drawn significant condemnation from civil society organisations, including the Tunji Braithwaite Foundation. Thousands of individuals across the country languish in correctional facilities for years, often for minor offences, without their cases being heard or concluded. This pervasive issue not only strains the already overstretched prison infrastructure but also represents a fundamental breach of constitutional rights, effectively punishing individuals before they are proven guilty.

This article delves into the legal framework governing pre-trial detention in Nigeria, examining the constitutional provisions and statutory instruments designed to safeguard the rights of accused persons. It will analyse the systemic failures and practical impediments that contribute to this crisis, drawing on relevant case law and expert commentary. The objective is to provide legal professionals with a comprehensive understanding of the challenges and to highlight avenues for advocacy and reform within the existing legal landscape.

The foundation of criminal justice in Nigeria is built upon the principles of fair hearing and the presumption of innocence, explicitly guaranteed by the Constitution of the Federal Republic of Nigeria 1999 (as amended). Section 35 of the Constitution protects the right to personal liberty, stipulating that an arrested person must be brought before a court within 24 or 48 hours, depending on the proximity of a court of competent jurisdiction. Furthermore, Section 36 enshrines the right to a fair hearing within a reasonable time, the presumption of innocence until proven guilty, and the right to legal representation.

Historically, the criminal justice system has been plagued by inefficiencies, leading to a burgeoning population of awaiting-trial inmates. In a significant move to address these systemic issues, the National Assembly enacted the Administration of Criminal Justice Act (ACJA) in 2015. The ACJA 2015 was designed to promote the efficient management of criminal justice institutions, ensure the speedy dispensation of justice, protect society from crime, and safeguard the rights and interests of suspects, defendants, and victims. It introduced several progressive provisions aimed at curbing prolonged pre-trial detention, such as limiting adjournments, regulating remand orders, and establishing mechanisms for judicial oversight of detention facilities.

Despite the robust constitutional and statutory frameworks, the reality on the ground for awaiting-trial inmates remains dire. Data consistently shows that over two-thirds of persons in Nigerian correctional facilities are pre-trial detainees, many of whom have spent years in custody, sometimes longer than the maximum sentence for the offences they are accused of. This 'awaiting trial syndrome' is exacerbated by a confluence of factors, including delayed police investigations, missing case files, and the unavailability of prosecuting officers.

The ACJA 2015 introduced critical provisions to mitigate this crisis. For instance, Sections 29, 33, and 34 mandate Chief Judges to appoint judges or magistrates to conduct monthly visits to detention centres to review cases of unlawful detention. Section 293 of the ACJA also places limits on the duration of pre-trial detention, stipulating that initial remand should not exceed 14 days and is subject to review or bail. However, the effective implementation of these provisions is often hampered by practical challenges, including judicial capacity constraints and a lack of diligent prosecution.

Unaffordable and onerous bail conditions represent another significant barrier to liberty, disproportionately affecting indigent defendants. The absence of adequate legal representation for many accused persons further compounds the problem, as they are less likely to effectively apply for bail, challenge unlawful remand, or demand prosecutorial diligence. Nigerian courts have consistently affirmed the right to a fair hearing and personal liberty. In *Ariori v. Elemo* (1983) 1 SCNLR 1, the Supreme Court reinforced the right to a fair hearing. More recently, the ECOWAS Court of Justice, in *Alade v. Federal Republic of Nigeria* (2012), declared prolonged detention unlawful and a violation of the African Charter on Human and Peoples' Rights. Similarly, in *Bayo Mathew v. Nigeria Police Force & Ors.* (2021), the FCT High Court held that detention exceeding 48 hours without charge constitutes a violation of fundamental rights. These judicial pronouncements underscore the legal imperative for timely justice, yet the systemic issues persist.

The practice of 'holding charges,' where suspects are remanded by magistrates without jurisdiction to try the substantive offence, contributes significantly to indefinite detention. While the ACJA aims to curb such practices, its full impact is yet to be realised due to various implementation gaps. The lack of a robust electronic criminal records registry, as envisioned by Section 16 of the ACJA, also hinders efficient case management and tracking of detainees. The cumulative effect is a criminal justice system where pre-trial detention often functions as a de facto punishment, eroding public trust and undermining the rule of law.

The prolonged detention of awaiting-trial inmates in Nigeria is a multifaceted crisis demanding urgent and concerted action from all stakeholders within the criminal justice system. For legal practitioners, this situation presents both a profound challenge and a critical opportunity for impactful advocacy. Attorneys must proactively leverage the provisions of the 1999 Constitution and the ACJA 2015, particularly concerning bail applications, fundamental rights enforcement, and challenging unlawful remand orders. Strategic litigation, including applications for bail and enforcement of fundamental rights, as demonstrated in cases like *Alade v. Federal Republic of Nigeria*, can be instrumental in securing the release of unjustly detained individuals.

Practitioners should also monitor the implementation of judicial directives for monthly prison visits and advocate for greater accountability from law enforcement and prosecuting agencies regarding case file management and adherence to statutory timelines. Engaging with civil society organisations, such as the Tunji Braithwaite Foundation, can amplify calls for systemic reforms, including improved funding for legal aid, enhanced judicial capacity, and the full operationalisation of the Central Criminal Records Registry. The ongoing efforts to decongest correctional facilities and uphold the rights of accused persons are vital for restoring public confidence in the justice system and ensuring that justice delayed is not justice denied.