TIMELY JUSTICE: EXAMINING THE RIGHTS OF PRE-TRIAL DETAINEES IN NIGERIA
BY
JANET ERIBA AND CREED AMAECHI
INTRODUCTION
It has been said countless times that every person is presumed innocent until proven guilty, that every citizen is entitled to a fair hearing within a reasonable time, and that every individual deserves respect for the dignity of their person. But is this truly the case for pre-trial detainees in Nigeria?
As of March 2025, 66.6% of inmates, that is over 53,000 people are awaiting trial. In other words, two out of every three prisoners in Nigeria have not been convicted. Thousands of these detainees spend years behind bars, many for even longer periods than the maximum sentence they would have served if convicted. This troubling reality raises pressing questions about the state of fundamental human rights in the Country. Are these rights merely theoretical ideals or are they being systematically undermined? This article examines the rights guaranteed to pre-trial detainees in Nigeria, the challenges to timely justice, and the reforms needed to make justice both fair and efficient.
OVERVIEW
Pre-trial detention refers to the period during which an accused person is kept in custody before or pending trial. It may be imposed to secure the accused’s appearance in court, prevent interference with ongoing investigations, or where bail has been denied or cannot be met. In principle, detention before trial is intended to be a last resort, not the norm.
However, in Nigeria, prolonged detention without trial has become the order of the day. Many Detainees are held in dehumanising conditions, often without being informed of the reasons for their arrest, without access to legal representation, and without being treated in accordance with the presumption of innocence.
This practice runs contrary to the principle that justice delayed is justice denied and stands in direct conflict with the robust legal frameworks that guarantee the rights of pre-trial detainees under Nigerian and international law.
Some of these Fundamental Rights include:
1. RIGHT TO TIMELY CHARGE OR RELEASE: Every person arrested or detained is entitled to be brought before a court within a reasonable time. Section 35(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) defines “reasonable time” as one day where a court of competent jurisdiction is within forty kilometres, and two days in any other case, unless the court considers a longer period reasonable. Detaining any person beyond 24–48 hours without a valid remand order is unconstitutional. Furthermore, under Section 35(4), if a detainee is not tried within two months of arrest (for those in custody) or three months (for those on bail), they must be released either unconditionally or upon reasonable conditions to ensure appearance at trial.
2. RIGHT TO BAIL: The right to bail protects personal liberty and prevents unjust detention pending trial. Sections 35(4) and (5) of the Constitution prohibit detention beyond reasonable time without trial, while Section 158 of the Administration of Criminal Justice Act (ACJA) 2015 entitles a person charged with an offence to bail, except as provided under Sections 161–162. In practice, many detainees spend years in custody without bail or face excessive bail conditions, undermining the purpose of this safeguard.
3. PRESUMPTION OF INNOCENCE: Section 36(5) of the Constitution guarantees that every person charged with a criminal offence “shall be presumed innocent until proved guilty.” This principle lies at the heart of criminal justice and ensures that no one is treated as a criminal before conviction. Pre-trial detainees must therefore be regarded and treated as innocent persons. Any act or condition that implies guilt before a court’s judgment violates this constitutional right.
4. RIGHT TO DIGNITY OF THE HUMAN PERSON: Under Section 34(1) of the Constitution, every individual is entitled to respect for the dignity of their person and must not be subjected to torture or inhuman or degrading treatment. Yet, many pre-trial detainees are held in overcrowded, unhygienic cells and deprived of medical care, violating this right. Upholding detainees’ dignity is a constitutional duty of the state and its officers, not a matter of discretion.
5. RIGHT TO LEGAL REPRESENTATION: The right to counsel is a key element of fair hearing. Section 36(6)(c) of the Constitution provides that every person charged with a criminal offence has the right “to defend himself in person or by a legal practitioner of his own choice.” The ACJA (Section 349(1)) reinforces this by requiring courts to assign counsel at government expense where a defendant in a capital case is unrepresented. The Legal Aid Act also mandates the Legal Aid Council of Nigeria to provide free legal services to indigent citizens. Denying an accused access to legal representation renders any trial fundamentally defective.
CHALLENGES
Despite the existence of robust constitutional and statutory protections, the rights of pre-trial detainees in Nigeria often remain theoretical. Judicial delays, congested dockets, and bureaucratic inefficiencies frequently result in prolonged detention without trial. Overcrowded prisons, poor record management, and limited access to legal representation further worsen the situation. Many detainees remain in custody for years simply because they cannot afford bail or lack legal assistance to secure their release.
RECOMMENDATIONS
To safeguard justice for pre-trial detainees and promote timely adjudication, Nigeria should:
● REFORM BAIL PRACTICES: Courts should impose fair and affordable bail conditions, especially for minor or non-violent offences. Law enforcement officers must refrain from demanding or accepting bribes in the bail process and non-custodial measures such as supervised release and community service should be prioritized.
● DECONGEST PRISONS: Authorities should review the status of long-term detainees and release those held beyond the statutory period. The adoption of diversion programmes, plea bargaining, and non-custodial sentencing can further reduce overcrowding.
● EXPAND LEGAL AID SERVICES: The Legal Aid Council and Nigerian Bar Association should strengthen free legal representation. Establishing legal aid clinics in police stations and correctional centres will ensure early access to counsel and reduce unlawful detention.
● ENFORCE STATUTORY TIME LIMITS: Courts must strictly apply the constitutional and ACJA provisions on detention periods. Regular remand review hearings should be institutionalised to prevent unlawful or prolonged detention without trial.
● PROMOTE ADR AND RESTORATIVE JUSTICE: Alternative Dispute Resolution and restorative justice should be encouraged for minor offences to ease the burden on courts and correctional facilities.
● STRENGTHEN PUBLIC AWARENESS AND CIVIL SOCIETY OVERSIGHT:
Public education on detainees’ rights and bail procedures can empower citizens to demand accountability. Civil society and human rights organisations should continue monitoring detention practices and advocating for reform.
CONCLUSION
Timely justice is the backbone of a fair and credible legal system. Justice is not a privilege; it is a right. When even one innocent person languishes in detention for years, the integrity of the entire legal order is called into question. Justice must not only be seen to be done, it must be done timely. To delay justice is to rob individuals of years they can never regain. Justice delayed is justice denied. It is time for Nigeria to uphold the promise of timely justice.
Aptly Captured!!💯
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