
SUMMARY
Most of the victims of prolonged pre-trial detention in Nigeria do not have legal representation because they cannot afford a lawyer and as such have no access to justice. Hence, they languish in prisons for years, some for alleged offenses they neither committed nor knew anything about, and many for offenses they would have served a shorter time than they have spent in prison if they had been convicted.
BACKGROUND
Prolonged pre-trial detention, outdated penal and criminal codes, a slow judicial process, corruption,, and arbitrary arrests and detention of citizens by the police are some of the factors blamed for the phenomenon. Also, many detainees cannot afford a lawyer.
Many prisons are locking up three times their designated capacities, forcing inmates to take turns sleeping. Also, lack of good nutrition and health care are common. Some data may better illustrate the situation.

In 2011, a prison warden in Keffi Prison in Nasarawa State, North-Central Nigeria, introduced me to a man who had been detained for six years without trial because he could not afford a lawyer and the state failed to provide him with one, which was quite common. At the end of these years, he was acquitted on his first appearance in court, without any compensation following an intervention by an NGO. He was lucky! Thousands of detainees have awaited trial for more than 10 years for alleged offenses they would have served a short term if they had been convicted. But many, like him, are innocent of these alleged offenses.
Overcrowding in Nigerian prisons, a result of excessive pre-trial detention, is as old as the prison system, and the Federal Government is aware of this reality. Between 2006 and 2012, private law firms were solicited at a huge price to trim down the population. Over $53 million (8 billion naira) was spent on payments and verifications of the cases. While the program generated huge debate, it averted a major crisis in the prison population and its attendant consequences because the prison population dropped from 127,051 in 2006 to 50,100 in 2012. But the rate of pre-trial detention remains high and pre-trial detainees remain one of the most vulnerable groups that have little or no protection from the law and whose rights and dignity are systematically flouted and violated with impunity.
Also, victims of pre-trial detention are often victims of torture and the cruelest, inhumane, and degrading treatment, particularly from the time of arrest, transportation to police stations, and detention in the police cells, as police officers usually employ different types of brutal corporal punishments in order to elicit confessions. Unfortunately, some of these false confessions have been used as evidence in court for convictions, putting innocent people behind bars. Besides, pre-trial detainees are denied their right to a fair and speedy trial and access to justice as enshrined in the Constitution of the Federal Republic of Nigeria and guaranteed by many international and regional instruments international and regional instruments Nigeria is a party to.
Sadly, there has been a regress in the progress that had been made in achieving criminal justice and prisons reforms and protecting the rights of pre-trial detainees and prisoners due to what seems to be a “change of focus” to new areas like governance, environment and freedom of expression by some NGOs who had previously worked on prisoners rights, welfare and prison reforms. Even with the passage of the Administration of Criminal Justice Act, 2015, which has been described by many justice reform and human rights advocates as the most progressive criminal law in Nigeria, nothing much has changed. The prison population as well as the awaiting trial population continues to rise due largely to the poor implementation of some parts, and zero implementation of other parts of the Act, such as Part 44, which allows for alternative forms of incarceration, such as community service, parole, suspended sentence, probation, etc. Also, many recommendations for reforms in the Police, the Judiciary and the Prison Service which, if implemented, would have impacted hugely on the rights and welfare of pre-trial detainees and prisoners have not been implemented and there is too little pressure by civil society on the government to make these happen.
While good governance and freedom of expression are important elements of every democracy, the protection of human rights and the dignity of all persons are equally important and integral elements of any democratic setting. In fact, it can be argued that there is no democracy and good governance without human rights and the rule of law. And Nigeria cannot achieve true democracy if the rights of her citizens, particularly the poor and most vulnerable – detainees and prisoners – are not protected and defended.
Our goal for providing legal aid was not to provide shelter for criminals, but to give each suspect, especially those who are too poor to afford a lawyer, an opportunity to have a lawyer in order to get a fair and just hearing in accordance with the demands of justice.
Our achievements
Legal representation to pre-trial detainees
The number of cases concluded as shown below, demonstrates our achievements and competence in the provision of legal aid.
- C.O.P. v ABDULMALIK TIJANI
KADO AREA COURT
COUNSEL – BARR. NDUBUISI
OFFENCE – THEFT
On the 7th of December, 2016 this matter was struck out following the application of CURE-Nigeria’s counsel since there is a lack of interest on the side of the prosecution, and on that ground, the accused was discharged.
Appearances – 3
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- C.O.P v ABDURAHAMAN BAH – CR/ 248 / 17
SMC 1, MARARABA
COUNSEL – BARR.NDUBUISI
OFFENCE – THEFT
This case of theft came up today 31/07/2017 for sentencing or report on the settlement out of court, the nominal complainant being a cousin to the accused person decided to let go and the court on that ground discharged the accused person.
Appearances – 1
- C.O.P v AGABA OWEZI CR/111/2017
GRADE 1 AREA COURT KUBWA
COUNSEL – BARR. NDUBUISI
OFFENCE – SECTION 247 PCL
The matter came up for hearing on 8/8/17 as the prosecutor was not able to provide his witnesses after a series of adjournments, the court discharged the accused for lack of diligent prosecution
Appearances – 6
- C.O.P v AKINYEMI AMUDA CR/01/16
CMC KUBWA
COUNSEL – BARR.NDUBUISI
OFFENCE – SECTION 27 ROAD TRAFFIC ACT
This case came up on 22nd May 2017 for a definite hearing. The accused person and his counsel were in court. The prosecutor was absent and he did not send any correspondence explaining his absence, he was not in court on the last adjourned date also. The defense counsel applied for the case to be struck out and the accused discharged. The court struck out the case and discharged the accused person.
Appearances – 2
- C.O.P v ARO CHIMEZIE AND MR. OBINNA MBAH CR/1449/15
UAC GUDU
COUNSEL – BARR. NDUBUISI, BARR. BILKISU IRAMA
OFFENCE – CRIMINAL CONSPIRACY, ATTEMPT TO COMMIT ROBBERY
This case came up on 24th October 2016 for a hearing. The prosecutor wasn’t in court. The defense counsel on that ground applied that the matter be struck out for lack of diligent prosecution. His application was granted and the accused was discharged.
Appearances – 4
- C.O.P v AUSTIN OKHIA, HEBRON BULUS, CHIBUZOR OSUNWA CR/70/13
HC 12, APO
COUNSEL- BARR. NDUBUISI
OFFENCE – CONSPIRACY, ARMED ROBBERY
This case on Conspiracy and Armed Robbery at Court 12, Apo came up on 18th January 2017 for judgment. All the parties and their counsels were in court except the prosecutor who was absent. The court delivered judgment and discharged and acquitted all the accused persons.
Appearances – 15
- C.O.P v BENEDITH AGHA
AREA COURT KADO
COUNSEL – BARR. NDUBUISI
OFFENCE –
On the 28th of August, 2016, this matter was struck out for lack of diligent prosecution by the Kado Area Court.
Appearances – 3
- C.O.P v DAVID OGAH
SMC KARU
COUNSEL – BARR. NDUBUISI
OFFENCE – BREACH OF TRUST, CHEATING
The accused Mr.David Ogah had his FIR (First Information Report) withdrawn on 24th January, 2017. This case came up for hearing on the report of settlement. The prosecutor was absent but counsel to the accused was present. The accused was absent but his surety was present and the nominal complainant informed the court that they have settled the case out of court. The court terminated the FIR [First Information Report] and discharged the accused.
Appearances- 8
C.O.P v FRIDAY WILLIAMS AND 2 OTHERS
COURT: UAC GUDU
COUNSEL – BARR. NDUBUISI
OFFENCE – CONSPIRACY, ROBBERY
On 6th February 2017, this case came up for ruling on the application for a discharge made by Ndubusi Kalu Esq on the 9th January 2017 for the discharge of the accused person. The court granted the application today and discharged the accused persons.
The defense counsel has on several occasions made an application for the discharge of the accused person after several adjournments without hearing and without the appearance of the prosecutor. It does not speak well of our justice system when an accused is kept in prison for a long time without trial at the instance of the prosecutor.
Appearances – 6
- C.O.P v HAFIZ ABDUSALAM CR/01 /17
CMC KUJE
COUNSEL – BAR.NDUBUISI
OFFENCE – SECTION 167 PC
This case came up on 14th March 2017 for hearing at Chief Magistrate Court, Kuchikau, Kuje. The prosecutor applied to withdraw the First Information Report [FIR] because the main suspect whom the defendant sureties at the police station has been apprehended. The FIR was struck out and the accused was discharged.
Appearances – 6
In spite of these achievements, a lot more needs to be done in the provision of legal aid to those who cannot afford the services of a lawyer as there are thousands of such detainees in many of our prisons around the country. CURE-Nigeria is willing and ready to continue with this effort in other states but there is the question of financing the lawyers who are handling these cases on our behalf. Funding, therefore, is a major constraint in our bid to expand the project and reach more detainees who may not even deserve to be there. Injustice to one is injustice to all, keeping people in prison for long without trial is an injustice. Join us to give freedom to thousands who need it in order to allow human rights to reign in our society.
Below are some of the pictures of our lawyers with released detainees





