ECOWAS COURT ORDERS NIGERIA TO DECONGEST PRISONS, END PROLONGED DETENTION OF TRIAL INMATES
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By Aishat Momoh. O.
The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ordered the Federal Republic of Nigeria to urgently decongest its correctional facilities and address the prolonged detention of awaiting-trial inmates across the country.
The Court also directed Nigeria to submit, within six months, a detailed compliance report outlining steps taken to reduce prison congestion, including updated statistics on inmates released, prosecuted, or otherwise processed through the justice system.
In a ruling delivered on 15 May 2026 and made public on Monday, the Court held that Nigeria’s continued detention of a large number of awaiting-trial inmates, alongside overcrowded prison conditions, violated key provisions of the African Charter on Human and Peoples’ Rights.
The case, marked ECW/CCJ/APP/05/25, was filed by the Centre for Community Law, a non-governmental organisation, which alleged systemic failures in Nigeria’s justice and correctional system. The group argued that many inmates are detained for bailable offences and held beyond legally permissible periods.
According to figures presented before the Court, Nigeria’s correctional facilities hold over 79,000 inmates, with more than 52,000 of them awaiting trial.
While Nigeria denied the allegations, insisting that detentions were lawful and that its correctional facilities were adequately managed, the Court dismissed its objection challenging the standing of the applicant. It affirmed the principle of actio popularis, allowing public interest litigation on behalf of affected persons.
On the merits of the case, the Court found that Nigeria failed to adequately refute evidence presented by the applicant, including official statistics, and consequently ruled that the situation amounted to violations of Articles 1, 3, 5, 6, and 7 of the African Charter.
The Court specifically held that prolonged pre-trial detention violated the right to liberty, fair hearing, presumption of innocence, and the right to trial within a reasonable time, while overcrowded correctional facilities breached the right to dignity.
As part of its orders, the Court directed Nigeria to establish periodic judicial review mechanisms for pre-trial detention, expand the use of non-custodial measures for minor and bailable offences, and implement a comprehensive prison decongestion policy.
It further ordered the Federal Government to file a compliance report within six months detailing progress made in reforming the correctional system and reducing the inmate population.
The ruling underscores growing regional scrutiny of Nigeria’s criminal justice system and renewed calls for urgent reform of correctional facilities nationwide.
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