Pretrial detention in Nigeria and the need to prioritise a human rights approach

Abstract

Worldwide, pretrial detention is overused such that in some countries like Nigeria, awaiting trial detainees (ATDs) far outnumber convicted prisoners. Detained for months and sometimes years, ATDs in Nigeria are housed in deplorable and seriously overcrowded detention facilities and some are routinely tortured despite being presumed innocent until proved guilty. The study assessed the question whether Nigeria is measuring up to its international and regional obligations in protecting ATDs’ human rights especially the right to be presumed innocent until proved guilty and the right against torture and other ill-treatment. Based on a desktop research method, the study found that pretrial detention is overused in Nigeria contrary to the international and regional human rights standards which specifically require that pretrial detention should be used sparingly and only as a matter of last resort. The study traced the root causes of prolonged pretrial detention in Nigeria to the paucity of alternatives, the practice of holding charge and the delay in the administration of justice. The study recommended the enactment of a specific law on pretrial detention which will provide adequate alternatives to pretrial detention such as bail and bond, release on personal recognizance, restrictive measures and electronic monitoring, among others. It also suggested the use of decriminalisation and diversionary system and that a timeline should be stipulated for criminal prosecution.