But for the intervention of Hon. Justice Daniel Okungbowa, the Chief Judge (CJ) of Edo State, Saliu Akande, an awaiting trial inmate would still be in custody adding to the swelling number of ATIs in Nigeria’s correctional centres.
Saliu Akande was reportedly charged with rape but despite spending four years at the Auchi Medium Security Correctional Centre, he had no case file.
Justice Okungbowa who visited the prison to decongest it and to promote the speedy trial of inmates, disclosed that Section 470 (2) of the Edo State Administration of Law 2018 entrusted the court with the mandate to ensure criminal matters were speedily dealt with and reduce congestion of criminal cases in courts.
His Lordship further stated: “Since my assumption of office, I have, together with members of the Administration of Criminal Justice Monitoring Committee, worked assiduously to ensure that our mandate is accorded the much-desired seriousness.
“To this end, my avowed and unalloyed commitment is that no one is made to remain here one day longer than necessary unless as prescribed by law.’’
Writing on the subject: Unveiling the crisis of prison congestion, Balikis Anoba a research assistant at Ominira Initiative for Economic Advancement made some revelations
“Despite the constitutional right to a fair hearing in Nigeria, the persistent trial backlog for detainees is alarming. As of January 2024, the country holds 77,350 inmates, with 54,092 awaiting trial—roughly seven out of 10 inmates, making up 69.92 per cent of the country’s total prison population. This protracted trial backlog in Nigeria, where a significant majority of inmates await trial for extended periods not only strains individuals psychologically but also poses a profound challenge to the perceived effectiveness and fairness of the legal system. To redress this critical issue, urgent reforms are imperative, focusing on streamlining legal processes, adopting innovative technologies for efficient case management, and enhancing judicial expediency to ensure timely and impartial justice delivery in Nigeria.
“Nigeria has 240 custodial centres with a collective capacity of 50,153, emphasising the severity of the accommodation problem. The issue intensifies as some inmates endure up to 15 years awaiting trial, straining individuals and questioning the legal system’s efficiency. In 2021, the Lagos Comptroller confirmed that certain inmates at the Maximum Security Custodial Centre, Kirikiri had been awaiting trial for a decade or more, painting a stark picture of the human toll and systemic issues contributing to this crisis.
“The Nigeria Police Force significantly contributes to the substantial number of pending trials, making wrongful arrests and filing wrong charges in inappropriate courts. Capital offences, for example, end up in magistrates’ courts where they lack jurisdiction. Depending on the case’s severity, magistrates may direct the police to forward case files to the Ministry of Justice for legal advice. Unfortunately, due to the overwhelming caseload, files often languish for extended periods and sometimes go missing. Transferring cases to the high court is typically slow and demanding, taking months and, in some cases, years. Consequently, magistrates are empowered to remand suspects on “holding charge” for a maximum of 28 days under the Administration of Criminal Justice Act enacted in 2015.
“However, this regulation is frequently disregarded, resulting in suspects being held indefinitely, denying them timely justice. Some prisoners claim that police unless bribed, may deliberately prolong suspects’ incarceration, and prison officials might skip court appointments if transportation fees are unpaid.
“Compounding these issues are unethical legal practices and insufficient representation for detainees. Despite the police claim that “bail is free,” lawyers and officers often accept bribes from suspects for bail, causing intentional delays if payment is not made. Additionally, magistrates impose stringent bail conditions for minor offences, like petty theft, demanding excessive amounts that prolong detention and provide opportunities for further accusations by the police.
“Another factor contributing to delay is the inadequate communication between prison authorities and prosecutors. Defendants may miss trial dates due to prosecutors’ failure to notify prison authorities promptly, leading to unnecessary adjournments. Prosecution also experiences frequent delays when counsel lacks sufficient evidence or funds to prosecute cases. Furthermore, the transfer of investigating police officers during ongoing cases or the sudden disappearance or unreliability of witnesses can disrupt trial proceedings.
“The judiciary shares responsibility, with inadequate infrastructure being a significant issue. Courts lack proper libraries, hindering legal research and timely judgments. Inadequate courtrooms, shared among multiple officers, result in shortened hours and frequent adjournments. Insufficient staff quarters force judicial officers to shuttle between distant residences and courts. Some officers are lax, starting judgments late and leaving before the stipulated time, causing case adjournments.
“Numerous consequences arise from prolonged awaiting trials, notably overcrowding in the holding cells of the correctional facilities, which usually accommodate over 27,000 individuals beyond capacity—more than 50 per cent. Operating custodial centres above capacity adversely affects nutrition, sanitation, hygiene, health services, prisoner activities, care for vulnerable groups, and high-risk individual management. This leads to conflicts, violence, worsened mental and physical health, and hygiene issues, posing significant management challenges. The Nigerian government reportedly allocates ₦83,333 monthly per inmate, amounting to an additional ₦4,507,648,636 monthly that could be redirected for essential purposes at this critical moment of economic crisis.
“Indeed, delayed justice is denied justice. Utilising modern technology proves an efficient means to accelerate the delivery of justice. To enhance efficiency, it is crucial to transition from manual records and implement a repository system for integrating and automating criminal justice agencies. This database would store detailed information about suspects, their charged crimes, trial progress, and verdicts—facilitating easy monitoring of awaiting trial numbers.
“Addressing this issue goes beyond legal procedures; it is a moral obligation to guarantee prompt and equitable justice in Nigeria. The ACJA 2015 contains several provisions that, if diligently implemented, could eliminate the rise in awaiting trial cases. Section 16(1) of this Act advocates establishing a central criminal records registry in the NPF, linking with state police commands. Section 33 mandates monthly reports from arresting officers to magistrates in the hope of preventing unlawful detentions. Section 34 calls for monthly inspections by chief magistrates, ensuring detainees’ rights are upheld. Section 296 establishes a timeline for remand orders, releasing suspects after specific periods unless a justifiable cause is shown. Although Section 35(6) of the 1999 Constitution mandates compensation and public apologies for unlawfully detained individuals upon release, these measures are seldom implemented.”
