THE RECENT revelation by the Acting Comptroller General of the Nigerian Correctional Services, Sylvester Nwakuche, that there are 48,932 Awaiting Trial Persons (ATPs) in correctional facilities across the country is alarming. This staggering number constitutes over 70% of the prison population, highlighting systemic challenges in Nigeria’s criminal justice system. The prolonged detention of ATPs not only violates their fundamental rights but also undermines the principles of justice, equity, and human dignity.
An ATP refers to an individual detained by law enforcement authorities while awaiting trial but has not yet been convicted of a crime. Such persons are presumed innocent until proven guilty, a fundamental principle enshrined in international human rights law and Nigeria’s legal system. Despite their detention, they retain several inalienable rights, which must be upheld to ensure justice and human dignity.
The right to liberty ensures that detention occurs only when strictly necessary and in accordance with the law. Alternatives such as bail should be prioritized unless the accused poses a flight risk or threatens public safety. ATPs are also entitled to a fair and speedy trial, as delays in legal proceedings can lead to prolonged detention, violating Article 14(3) of the International Covenant on Civil and Political Rights (ICCPR).
ATPs are presumed innocent until proven guilty by a competent court of law. This principle is guaranteed under Article 11 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR).
The presumption of innocence until proven guilty is a fundamental principle enshrined in the Nigerian Constitution, its criminal laws and case law. It ensures that every individual accused of a crime is treated as innocent until their guilt is established by a competent court through a fair trial. Below are its legal underpinnings in Nigeria:
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Section 36(5) of the 1999 Constitution (as amended) provides: “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.”
This provision applies to all persons within the jurisdiction of Nigeria, ensuring their right to a fair trial and safeguarding them against arbitrary convictions.
The presumption of innocence is further reinforced by Nigeria’s criminal laws:
The burden of proof in criminal trials lies with the prosecution, as stated in Section 135(1) of Evidence Act 2011: “Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.” The prosecution must prove the case beyond a reasonable doubt.
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The Administration of Criminal Justice Act (ACJA) 2015 provides procedural safeguards to uphold the presumption of innocence, such as: right to bail: Pending the determination of a case, an accused person has the right to apply for bail unless there are exceptional circumstances. Prohibition of unnecessary detention: ACJA discourages prolonged detention without trial.
Nigerian courts have consistently upheld this principle. For instance:
In Ogugu v. State (1994) 9 NWLR (Pt. 366) 1, the Supreme Court reiterated that the presumption of innocence is a cornerstone of criminal justice. In Alabi v. State (1993) 7 NWLR (Pt. 307) 511, the court emphasized that until the prosecution proves its case beyond reasonable doubt, the accused must be treated as innocent.
To address systemic issues, legislative reforms should prioritise non-custodial sentences for minor offenses and amend the Administration of Criminal Justice Act (ACJA). Expanding and adequately funding Legal Aid Councils will ensure effective representation for indigent ATPs. The adoption of digital case management systems across courts can track cases and prevent delays.
The right to liberty ensures that detention occurs only when strictly necessary and in accordance with the law. Alternatives such as bail should be prioritized unless the accused poses a flight risk or threatens public safety. ATPs are also entitled to a fair and speedy trial, as delays in legal proceedings can lead to prolonged detention, violating Article 14(3) of the International Covenant on Civil and Political Rights (ICCPR).
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ATPs have the right to legal representation, including state-provided legal aid for those unable to afford a lawyer. They must also be treated with dignity and respect, with international law, including the Convention Against Torture (CAT), prohibiting any form of torture or inhumane treatment.
Additionally, ATPs are entitled to access adequate medical care and reside in detention facilities that meet basic health and sanitation standards.
Communication with family is a vital right for ATPs, enabling them to maintain contact through visitation or correspondence as long as it does not hinder investigations. Protection against arbitrary detention ensures that detention is lawful, justified, and based on clear evidence, as emphasized by Article 9 of the ICCPR. Personal privacy must also be respected, with searches or surveillance conducted lawfully.
Special protections are mandated for vulnerable groups, such as women, children, and persons with disabilities. For example, pregnant women and minors require specific care and conditions tailored to their needs. ATPs must also be promptly informed of charges in a language they understand and have the right to compensation if detained unlawfully, as outlined in Article 9(5) of the ICCPR.
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Several issues hinder the protection of ATP rights, including prolonged detention due to delays in judicial processes, overcrowded and unsanitary prison conditions, limited access to legal aid, and instances of corruption and abuse in detention facilities.
To address this, the role of key stakeholders comprising of states’ Chief Judges, states’ Attorneys General, and others, is crucial. Below, we examine their roles and propose solutions for meaningful reform.
States’ Chief Judges play a critical role in ensuring efficient justice administration. Their responsibilities include conducting periodic jail delivery exercises, where they visit correctional facilities to review cases of ATPs. This process aims to decongest prisons by addressing cases of prolonged detention and granting bail or release to eligible individuals. However, irregularity in these visits has contributed to case backlogs.
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Chief Judges also oversee case management, encouraging courts to prioritise ATP cases, particularly minor offenses, and promoting the use of modern case management systems to expedite pending cases. Additionally, they advocate for alternative dispute resolution (ADR) mechanisms to reduce the number of ATPs, especially for non-violent offenses.
States’ Attorneys General, as chief legal officers, are vital to the administration of justice, particularly in addressing issues related to ATPs. They must ensure the timely investigation and prosecution of cases by collaborating with the police, judiciary, and correctional services. Regular review of pending cases is essential to identify cases that can be withdrawn, discontinued, or resolved through plea bargains.
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Attorneys General also play a crucial role in advocating for legislative reforms, such as addressing excessive bail conditions and reducing the over-criminalisation of minor offenses.
Law enforcement agencies, the Nigerian Bar Association (NBA), civil society organisations (CSOs), and the media are all instrumental in addressing the plight of ATPs. Law enforcement agencies must conduct timely and thorough investigations to prevent wrongful or prolonged detention and comply with constitutional detention limits.
The challenges facing ATPs in Nigeria reflect deeper systemic flaws in the criminal justice system. Upholding their rights is both a legal and moral obligation. By addressing inefficiencies and fostering collaboration among all stakeholders, Nigeria can decongest its correctional facilities and ensure justice for all. The time for action is now.
The NBA and Legal Aid Councils should provide pro bono legal services to indigent ATPs and advocate for systemic reforms. CSOs should monitor human rights abuses in detention facilities, promote public awareness, and hold authorities accountable. Meanwhile, the media highlights the challenges faced by ATPs, fostering public discourse and pressuring stakeholders to act.
To address systemic issues, legislative reforms should prioritise non-custodial sentences for minor offenses and amend the Administration of Criminal Justice Act (ACJA). Expanding and adequately funding Legal Aid Councils will ensure effective representation for indigent ATPs. The adoption of digital case management systems across courts can track cases and prevent delays.
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Regular training for judicial officers, prosecutors, and law enforcement personnel is essential to uphold the rights of ATPs and improve justice administration. Correctional facilities should collaborate with CSOs to improve living conditions and ensure compliance with international standards. Public sensitisation efforts can educate citizens on their legal rights and the consequences of arbitrary arrests and detentions.
The rights of ATPs must be safeguarded to uphold justice, fairness, and human dignity. Governments and judicial systems must implement reforms to eliminate unnecessary hardships and ensure the full protection of legal and human rights for those awaiting trial.
The challenges facing ATPs in Nigeria reflect deeper systemic flaws in the criminal justice system. Upholding their rights is both a legal and moral obligation. By addressing inefficiencies and fostering collaboration among all stakeholders, Nigeria can decongest its correctional facilities and ensure justice for all. The time for action is now.
Comrade Takor was a two-term President of NASU, a two-term National Treasurer of NLC and an inaugural member of the Board of PenCom. Comrade Takor retired as a Director in federal service and is now a Lagos-based legal practitioner. He is an alumnus of the National Institute of Policy and Strategic Studies (NIPSS), Kuru-Jos, Plateau State. He is currently the the Vice Chairman/Chairman Human Rights Committee of Nigerian Bar Association (NBA), Epe Branch
