By Hassanat Adebowale
The President of the Nigerian Bar Association (NBA), Chief Afam Osigwe, has revealed that more than 65% of inmates across Nigeria’s 244 correctional centres are awaiting trial. Osigwe disclosed this troubling statistic during the NBA National Executive Council (NEC) meeting held on Thursday in Akure, Ondo State.
“We need to focus on pre-trial detainees, individuals who are awaiting trial. They make up more than 65% of the prison population,” Osigwe stated. He expressed concern about those who are remanded in prison without having their cases heard, or whose cases take an unreasonably long time to reach a conclusion due to various delays. “Some inmates are serving more time in prison awaiting trial than they would if convicted. They are also at risk of contracting diseases or even dying while in custody,” he added.
Osigwe highlighted that the NBA has mandated its Human Rights Committee to collaborate with state Chief Judges to ensure regular prison visits. He emphasized the need for Chief Judges to release defendants who are not being prosecuted. “Chief Judges should instruct all magistrates to set a return date for review when issuing remand orders. If the prosecution or Ministry of Justice fails to file charges, the magistrates should order the release of such individuals to prevent unnecessary detention,” he explained.
He further called for courts to adhere to the Police Act and the Administration of Criminal Justice Act by visiting detention facilities of various security agencies to monitor the length of detainees’ stays. “People should either be granted bail, charged to court, or released entirely. The NBA is advocating to ensure that those who have no reason to be in detention are released, and that detainees do not spend excessive time in custody without being charged,” Osigwe stated.
Governor Lucky Aiyedatiwa, represented by the state Attorney General and Commissioner for Justice, Dr. Kayode Ajulo, officially opened the meeting. He described it as a significant occasion, marking the return of the NBA-NEC gathering to the state after nearly 15 years. Aiyedatiwa, represented by the state Attorney General and Commissioner for Justice, Dr. Kayode Ajulo, emphasized the importance of the meeting as a platform for addressing critical issues affecting the legal profession, the rule of law, and the administration of justice.
“It is a time for introspection, decisive action, and a renewed commitment to the principles that have long guided our noble profession: justice, fairness, and the steadfast pursuit of the rule of law,” he said. Aiyedatiwa also highlighted the state government’s commitment to a legal system that serves the interests of all.
The high number of awaiting trial inmates highlights systemic delays in Nigeria’s criminal justice process. Under the Administration of Criminal Justice Act (ACJA) 2015, there are clear provisions to limit prolonged pre-trial detention, including mandatory case reviews and the right to bail for non-capital offenses. Additionally, Section 35 of the 1999 Constitution guarantees the right to personal liberty, stipulating that individuals must be charged to court within 24 to 48 hours of arrest, depending on proximity to a court. However, weak enforcement of these laws, coupled with overcrowded courts and underfunded legal institutions, continues to fuel the crisis of unlawful and extended detentions in the country’s correctional facilities.
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