.jpeg)
THE HIDDEN COST OF DELAY: UNDERSTANDING PRE-TRIAL DETENTION AND THE RIGHT TO FAIR HEARING IN NIGERIA
Introduction
In any just society, the principle of “innocent until proven guilty” is sacrosanct. It underpins the right to a fair hearing, a cornerstone of the Nigerian Constitution (Section 36 of the 1999 Constitution, as amended) and international human rights law. Yet in practice, thousands of Nigerians are held behind bars for years without trial, victims of a criminal justice system strained by inefficiencies, underfunding, and bureaucratic delays.
The recent case of Mr. John Gift Tobia, who was detained for over eight years without ever standing trial, highlights the grave human rights violations and systemic failures within the system. His story, and that of many others raises critical questions: How can a nation claim to uphold justice while so many are unjustly denied it?
A Case That Exposes a Systemic Problem
Mr. John Gift Tobia was arrested and remanded on 6 March 2017 in Port Harcourt, Rivers State. For over eight years, four months, and ten days, he remained in prison awaiting trial without a single hearing or formal prosecution of his case. It wasn't until June 2025 that a Rivers State High Court unconditionally released him, thanks to the legal intervention of Barrister Hope Azeru-Oziri.
His story is not unique, but it is deeply symbolic of a justice system where procedural delays and administrative lapses can cost individuals years of their lives, even when no conviction has been made.
The Scope of the Problem: Pre-Trial Detention in Nigeria
According to the Nigerian Correctional Service (NCoS) and NGO reports:
Over 70% of Nigeria’s prison population consists of awaiting-trial inmates. Many have been detained for 5 to 15 years without conviction.
In 2023, mass releases in Rivers, Lagos, and Kano revealed detainees held for 7–11 years with no court appearance.
Similar Examples
Sikiru Alade was detained for nine years without trial before the ECOWAS Court ordered his release in 2012, stating it violated Articles 6 & 7 of the African Charter on Human and Peoples’ Rights.
In 2022, Maxwell Dele was freed in Lagos after 11 years awaiting trial—rescued by legal aid from Avocats Sans Frontières.
Sgt. Emmanuel Uyanweke, a police officer, regained his freedom in October 2024 after 11 years in custody without prosecution.
These examples underscore a trend that violates both domestic and international laws, including:
The Constitution of Nigeria (Section 35 & 36)
The Administration of Criminal Justice Act (ACJA), 2015
Universal Declaration of Human Rights (Articles 9 & 10)
International Covenant on Civil and Political Rights (ICCPR)
Legal Foundations: What the Law Says
Under Nigerian law, a person cannot be detained indefinitely without charge or trial:
1) Section 35(4) of the 1999 Constitution mandates that a person arrested must be brought before a court within a “reasonable time”—48 hours if no court is within a 40km radius.
2) The Administration of Criminal Justice Act (ACJA) mandates periodic review of detention, bail provisions, and discourages unnecessary remand orders.
Despite these protections, factors like systemic dysfunctions, court backlogs, police inefficiency, under-resourced public defenders make enforcement inconsistent.
Reason for this Occurrences
Several factors contribute to prolonged pre-trial detention:
Judicial Backlogs
Nigeria has over 155,000 pending cases in the Federal High Court alone. Trials are often delayed due to adjournments, absentee witnesses, or procedural errors.
Poor Police Investigations
Law enforcement agencies often arrest suspects without sufficient evidence and fail to conclude investigations promptly.
Lack of Legal Representation
Many detainees cannot afford lawyers. Legal aid systems are underfunded and understaffed.
Over-reliance on Custodial Remand
Courts frequently order detention when bail or non-custodial measures could suffice.
Corruption and Administrative Bottlenecks
Missing case files, bribes, and inefficiency further delay justice.
The Human and Social Cost
The damage inflicted by prolonged pre-trial detention is enormous:
Loss of income and employment, emotional trauma and mental health deterioration, stigma and broken family ties, overcrowded prisons, leading to poor hygiene and healthcare.
For someone like John Gift Tobia, the road ahead involves rebuilding a life derailed, coping with psychological scars, and reintegrating into society after nearly a decade lost to a system that failed him.
The Way Forward: Reform and Accountability
Full Enforcement of the ACJA
Periodic remand reviews must be mandatory. Courts should reject cases with no investigation completed within legal time limits.
Expand Access to Legal Aid
Government and NGOs should strengthen the Legal Aid Council and support pro bono defense for indigent detainees.
Digitize Court Processes
Introducing case tracking systems, e-filing, and virtual hearings will help reduce case delays.
Promote Non-Custodial Alternatives
Police and courts should use bail, parole, and community service instead of immediate remand.
Public Awareness and Advocacy
Civil society, the media, and citizens must hold the system accountable and ensure detainees are not forgotten.
Conclusion
The story of John Gift Tobia is more than an individual’s ordeal, it is one amongst many, it is a mirror held up to Nigeria’s criminal justice system. His eight-year incarceration without trial reflects a broader crisis that demands urgent attention and reform.
Justice delayed is not just justice denied, it is justice destroyed. Only by upholding the principles of fair hearing, enforcing existing laws, and prioritizing human dignity can Nigeria build a justice system worthy of its people.
References
Constitution of the Federal Republic of Nigeria (1999, as amended)
Administration of Criminal Justice Act, 2015
ECOWAS Court judgment in Sikiru Alade v. Nigeria (2012)
Premium Times Nigeria. “Man Regains Freedom After Eight Years of Pre-Trial Detention in Port Harcourt.” (June 2025)
Avocats Sans Frontières France (ASF) Reports on Legal Aid (2022–2024)
Nigerian Correctional Service Reports (2023–2024)
BBC News Pidgin. “Di People Wey Don Stay for Prison for More than 10 Years Without Trial.” (March 2024)
Article by Ayawari Tom Ebibo Esq.
Photocredit: Unsplash