By Innocent Anaba

The Community Court of Justice of the Economic Community of West African States, ECOWAS, has declared that the prolonged detention of thousands of awaiting-trial inmates in overcrowded Nigerian prisons constitutes a violation of their fundamental human rights.

In a judgment delivered in Case No. ECW/CCJ/APP/05/25, the regional court held that Nigeria breached the rights of detainees to liberty, dignity, fair hearing, presumption of innocence, and trial within a reasonable time as guaranteed under the African Charter on Human and Peoples’ Rights, ACHPR.

The suit was instituted by the Centre for Community Law, a non-governmental organisation, which alleged that Nigeria currently holds over 52,000 awaiting-trial inmates, representing about 66 percent of the country’s prison population.

The applicant argued that many of the detainees were being held for bailable offences and had remained in custody for periods exceeding the maximum punishment prescribed by law.

According to the organisation, the overcrowded custodial facilities imposed enormous pressure on public resources while depriving society of the economic contributions of the detainees.

The applicant further contended that the situation violated Articles 1, 3, 5, 6, 7, 22 and 26 of the African Charter as well as other international human rights instruments.

However, the Nigerian government denied the allegations and challenged the legal competence of the applicant to institute the suit.

The respondent also disputed the authenticity of the statistics presented before the court, insisting that lawful detention could not amount to a breach of the right to liberty.

But in its judgment, the ECOWAS Court upheld the doctrine of actio popularis, affirming the right of individuals and organisations to file public interest cases on behalf of groups whose rights were allegedly violated.

The court held that the applicant, being a duly registered non-governmental organisation, possessed the legal standing to institute the action.

The court further observed that the applicant presented credible and corroborated evidence, including official records and public admissions by correctional authorities, while the Nigerian government failed to provide sufficient evidence to counter the claims.

Consequently, the court ruled that the prolonged detention of awaiting-trial inmates without trial, coupled with overcrowded prison conditions, violated their rights to liberty, dignity, presumption of innocence, equality before the law, and trial within a reasonable time.

The court specifically found Nigeria in violation of Articles 1, 3, 5, 6, and 7(1)(b) and (d) of the African Charter.

Among its orders, the court directed the Nigerian government to establish mechanisms for periodic judicial review of prolonged pre-trial detention cases.

It also ordered the respondent to introduce and implement a comprehensive prison decongestion policy, including the use of non-custodial measures for minor and bailable offences.

The court further directed Nigeria to submit, within six months, a detailed compliance report, including statistical updates on inmates released or tried.

The judicial panel that heard the matter comprised Justice Ricardo Gonçalves, who presided, Justice Sengu Koroma, Judge Rapporteur, and Justice Edward Asante.