PRISON OVERCROWDING: THE JUDICIARY MUST TAKE RESPONSIBILITY

The provisions for arrest and detention are clearly outlined in the Administration of Criminal Justice Act.

However, we often choose to overlook these provisions, allowing the police to utilize Gestapo-like methods of arrest.

This practice is perpetuated by some lawyers and members of high society who exploit it as a means of oppression.

We have laws ensuring that, at the preliminary stage of arrest, suspects are entitled to be treated as innocent until proven guilty.

This presumption extends even through and after arraignment, which is why provisions for bail exist.

Unfortunately, some magistrates, particularly in the lower courts, misunderstand the purpose of bail and have abused their discretion.

This has led to the indiscriminate detention of suspects, contributing to an imbalanced criminal justice system and causing mental health issues for those affected by the inhumane conditions in Nigerian prisons.

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The essence of bail is to ensure that suspects attend their court hearings and that specific conditions are established for granting bail.

Regarding the case of Dele Farotimi, if reports are accurate and he is currently imprisoned without being granted bail on self-recognition, then the court has missed an important opportunity to demonstrate its integrity and independence from external influences.

If Mr. Farotimi was not allowed to return home or was subjected to unreasonable bail conditions, the public may perceive the judiciary as failing to uphold its foundational principle of “Justice for All.”

The judiciary’s actions suggest it is willing to punish a suspect regardless of the principle of fair hearing.

As it stands, Mr. Farotimi faces confinement based solely on an allegation that has yet to be adjudicated.

This raises the question: is he not entitled to be heard before facing the consequences of incarceration?

Do judges truly understand the trauma they inflict when they misuse bail provisions?

What repercussions are there for the authorities that detain a suspect if they are later found innocent? What compensations are available?

Is the judiciary corrupt, and if so, who is responsible for this corruption?