ECOWAS Court Orders Nigeria to End Prolonged Detention of Awaiting-Trial Inmates
The Economic Community of West African States Court of Justice has ordered Nigeria to urgently reform its criminal justice and correctional systems after finding that thousands of awaiting-trial inmates are being held for prolonged periods in overcrowded prisons under inhumane conditions.
Delivering judgment in Case No. ECW/CCJ/APP/05/25, the regional court held that the continued detention of a large number of inmates without trial violated their fundamental rights to liberty, dignity, fair hearing, and presumption of innocence as guaranteed under the African Charter on Human and Peoples’ Rights.
The suit was filed by the Centre for Community Law, which accused Nigeria of operating a correctional system where many detainees remain behind bars for years over minor and bailable offences, with some spending longer in custody than the maximum sentence prescribed for the alleged crimes.
According to official statistics presented before the court, Nigeria’s correctional centres held 79,237 inmates in 2024, out of which 52,519 were awaiting trial, representing nearly 66 per cent of the total prison population, while only 26,718 had been convicted.
The court noted that the overcrowding had turned correctional facilities into harsh detention centres, worsening living conditions for inmates and placing pressure on public resources, while many detainees were denied the opportunity to contribute productively to society and support their families.
Nigeria, however, challenged the suit and argued that the detention of inmates was lawful and that correctional facilities were adequately equipped with rehabilitation and reintegration programmes.
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The Federal Government also questioned the legal standing of the NGO and described the claims as speculative and lacking merit.
But the three-member panel of the court held that the NGO had the legal right to institute the action in the public interest under the doctrine of actio popularis, adding that the evidence presented by the applicant, including official records and public admissions by correctional authorities, was credible and largely unchallenged by the Nigerian government.
The court subsequently ruled that Nigeria violated Articles 1, 3, 5, 6, and 7 of the African Charter through systemic prolonged pre-trial detention and overcrowded prison conditions.
As part of its orders, the court directed Nigeria to establish mechanisms for periodic judicial review of prolonged detention cases and implement a comprehensive prison decongestion policy, including non-custodial measures for minor and bailable offences.
The court also ordered the Federal Government to submit a detailed compliance report within six months, including updated statistics on inmates released or tried.
The judgment was delivered by a panel led by Justice Ricardo Cláudio Monteiro Gonçalves, alongside Justice Sengu Mohamed Koroma and Justice Edward Amoako Asante.
