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Prison decongestion: 53,225 pretrial detainees languish in jail despite push to pardon ‘politicians’

By  Ameh Ochojila and Tina Abeku, Abuja 
25 February 2025   |   6:37 am
Amid the pressure on the federal government to grant pardons to politically exposed persons (PEPs) and the attendant review of such requests, a larger population of detainees that need clemency the most are getting ignored.

• Feeding 53,225 pretrial detainees to cost over N21.8b yearly
• Non-custodial measures still missing six years after new Act
• Lawyers urge CJs to exercise powers to decongest centres, cut avoidable cost
• Political pardon undermines anti-corruption efforts, says SAN
• Experts suggest constitutional amendment to exclude political pardons

Amid the pressure on the federal government to grant pardons to politically exposed persons (PEPs) and the attendant review of such requests, a larger population of detainees that need clemency the most are getting ignored.

As of the last count, over 53,225 or 66 per cent of 80,066 in detention are on pretrial rollcall, having committed offences equally pardonable by the State or could have been handled by non-custodial centres (where available).

The Guardian learnt from the Ministry of Interior that of the lot, only 34 per cent or 26,841 inmates, are convicted inmates serving various terms and deserve to remain in detention.

Findings showed that the current priority, however, is on the growing request of pleads for politicians, who are either in detention or have been convicted for one crime or the other.

Recall that the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), said that the Federal Ministry of Justice was inundated with applications for presidential pardons and clemency for highly exposed persons.

Fagbemi disclosed during the inauguration of the Presidential Advisory Committee on Prerogative of Mercy (PACPM) in Abuja, led by the Secretary to the Government of the Federation (SGF).

The committee, tasked with reviewing applications for clemency and recommending eligible individuals for presidential pardons, is a key initiative to address prison overcrowding and foster rehabilitation.

Sources in the Ministry of Interior confirmed that about 4000 pretrial detainees have been set free to date, “but nothing yet on the table for many others that need the pardon.”

The development is contrary to the optimism that welcomed the Nigerian Correctional Service Act 2019, partly purported to decongest the centres, create non-custodial centres, and reduce the cost of keeping inmates.

Currently, the federal government is estimated to expend N21.8 billion to feed 53,225 pretrial inmates in 2025 alone.

The surging population of Awaiting Trial Persons (ATPs) is also an additional burden on the judiciary and its overwhelmed judges.

While the federal government has just increased the cost of feeding inmates from N750 to N1,125 daily, the cost falls short of the current realities, worsening the misery of ATPs in congested correctional facilities, which the previous administration pledged to resolve in less than two years.

The acting Controller of the Nigerian Correctional Service (NCoS), Sylvester Nwakuche Ndidi, confirmed that as of Monday, 17th February 2025, the total inmate population stood at 80,066.

A part breakdown of the figure shows that awaiting trial persons in Port Harcourt are 1,810, Enugu 2,290, Kuje 768, Suleja 190, and 6,629 in Lagos.

Feeding 53,225 detainees daily would cost N53.2 million at N1,125 per detainee and N1.77 billion monthly. With the sum yearly at N21.8 billion, stakeholders said that more than half of the N38 billion budgeted for feeding inmates in the 2025 Appropriation Bill could have been avoided to shore up the N7.2 billion proposed for upgrading correctional facilities despite jailbreak risks.

Nwakuche said: “I intend to interface with the Attorney-General of the Federation and Minister of Justice, the Inspector General of Police, and other Prosecuting Agencies and critical stakeholders to fast track the trial of these inmates, especially those on non-bailable offences like armed robbery, murder and others that constitute 66 per cent of Awaiting Trial Persons (ATPs).

“Meanwhile, I want to urge you (his officers across the states) to relate with your State Chief Judges, Attorneys-General, and Commissioners of Police to further address the challenges,” the NCoS boss charged his men during a meeting with senior officers in Abuja.

The Guardian gathered that the ATPs are also an albatross in the judicial system. Because they have not been convicted, their files are added to the dockets of the courts preceded by overwhelmed judges.

For instance, in the 2024/2025 legal year, 155,969 cases are pending at the Federal High Court, while 39,526 cases are in the dockets of the Court of Appeal. These figures are exclusive of the pending cases at the apex court.

Most of these individuals remain incarcerated due to delayed trials, limited access to legal resources, and systemic inefficiencies.

In contrast, politically exposed persons (PEPs) often benefit from state pardons, allowing them to evade long-term sentences for corruption-related crimes.

Following a meeting of Nigeria’s Council of State, the former governors of Plateau and Taraba, Joshua Dariye and Jolly Nyame, respectively, were pardoned along with 157 other convicts in 2022.

The Council of State is an organ of the federal government that advises the executive branch on policy matters.

It comprises the president, past presidents, the vice president, the senate president, the speaker of the House of Representatives, both serving and past chief justices of the country, the attorney general of the federation, all serving governors, and the minister of the Federal Capital Territory (FCT).

Also, the prerogative of mercy is a constitutional function vested in the President and the governors in sections 175 and 212 of the 1999 Constitution, respectively.

Under those sections, the President and the governors reserve the right to grant pardon to people convicted of “any offence.”

In the past, a former speaker of the House of Representatives, Salisu Buhari, convicted of forgery was pardoned. Also, the former governor of Bayelsa State, Diepreye Alamieyeseigha, received a state pardon, and the list goes on.

This disparity between pretrial detainees and high-profile PEPs has sparked widespread debate about fairness and justice in Nigeria’s penal system.

Consequently, the recent proposal by the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) to ban the pardoning of corrupt officials was welcomed by stakeholders.

Fagbemi’s proposal seeks to reinforce Nigeria’s anti-corruption framework by excluding corrupt individuals from the prerogative of mercy.

However, as legal experts argue, addressing the systemic issues leading to overcrowded prisons, such as lengthy pretrial detentions—should take precedence in the country’s reform efforts.

In a statement signed by his media aide, Kamarudeen Ogundele, the AGF emphasised that those found guilty of corruption should not be eligible for state pardons.

Fagbemi proposed that the constitution be amended to exclude corrupt individuals from benefiting from the prerogative of mercy.

He underscored the importance of collaboration between stakeholders, particularly state Attorneys General, urging them to avoid nepotism, political bias, and rivalry in the anti-corruption fight.

However, for a broader justice impact, some argued that the proposed ban on pardon for corrupt political convicts needs to be extended to address the more pressing issue of prison overcrowding, particularly pretrial detainees who have been held for extended periods due to judicial delays or lack of access to legal resources.

Notwithstanding, others argue that since the CJN and CJs have the power to free those awaiting trial, it would be needless to amend the constitution to allow the president and governors to exercise the power, since they can do so outrightly.

A legal expert, Douglas Ogbankwa, observed that while state pardons often benefit the wealthy and powerful, they do little to decongest prisons.

“Pardons are not the solution to prison overcrowding. We need to reform the legal processes that result in individuals being sent to prison unnecessarily. For instance, arraignment should not equate to imprisonment. Bail processing, particularly at the Federal High Court, is overly cumbersome, with surety requirements that are often too high-ranking,” Ogbankwa said, adding that this leads to unnecessary detention of individuals.

Most recently, some #EndBadGovernance protesters who were detained by the police and subsequently remanded by the Abuja High Court were given such stringent bail conditions that many see as Herculean and probably designed to perpetuate their stay at the Kuje and Suleja Correctional Centres.

Ogbankwa also advocated non-custodial sentencing alternatives, such as community service and a more robust parole system, as effective measures to address prison overcrowding.

Another lawyer, Bayo Akindele, emphasised that the Chief Judges of each state already possess the authority to grant pardons to individuals standing trial or awaiting trial.

According to Akindele, governors and the President should not be burdened with such responsibilities.

He called for greater use of existing legal mechanisms to ease the strain on Nigeria’s correctional facilities.

Sylvanus Malik, another lawyer, supported the AGF’s proposal but cautioned against concentrating too much power in the hands of the executive.

“Banning pardons for corrupt officials is a welcome development, but we must be careful not to allow the President or governors to wield excessive executive and judicial powers,” he said.

Malik stressed that while the AGF’s proposal is a step in the right direction, judicial reforms to ensure swift dispensation of justice should take precedence over reliance on executive pardons to decongest prisons.

Also, Jerry Aondo, a senior lawyer, believes that allowing pardons to corrupt officials would create a dangerous precedent and send the wrong message to the public.

“We cannot allow influential individuals to evade justice simply because they are connected to those in power,” he declared.

He said expanding presidential and gubernatorial pardon powers to include individuals still standing trial, especially for corruption, is highly problematic.

The senior lawyer said corruption is one of Nigeria’s most pressing challenges, which undermines public trust, governance, and development, adding that “by allowing such individuals to benefit from a pardon, we risk further entrenching the culture of impunity that has plagued the country.”

According to him, while prison decongestion is a concern that must be addressed, focusing on corruption cases is not the right approach.

Corrupt officials, he said, are often in positions of power, and granting them leniency might reinforce the perception that the elite can evade justice.

“There are better alternatives for reducing prison overcrowding. These include reforming the justice system to expedite trials, using non-custodial sentences for minor offences, and improving prison conditions. Corruption, however, should be met with the full force of the law to serve as a deterrent,” he suggested.

Aondo said the AGF’s proposal aligns with a broader strategy to strengthen Nigeria’s anti-corruption framework.

“Rather than expanding pardon powers, it would be more beneficial to pursue reforms that enhance accountability and promote the rule of law,” he said.

Similarly, a Senior Advocate of Nigeria, Mohammed Ndarani Mohammed, held that the primary objectives of criminal prosecution, including upholding justice, deterring crime, and ensuring accountability, are effectively nullified when convicted politicians are pardoned.

“Prosecuting and convicting offenders demonstrates that no one is above the law. However, pardoning them after due process has been followed undermines these efforts and signals tacit approval of corrupt practices,” he said.

The senior advocate described the practice as “legalising corruption,” warning that it perpetuates a culture of impunity among the political class.

He stressed that the pardon of corrupt officials encourages those in power to engage in similar acts without fear of repercussions.

“It sends the message that leaders can steal public funds, get convicted, and walk free through political favours. This has severe implications for governance,” Mohammed argued.

He further emphasised the undermining of public institutions, noting that the painstaking efforts of agencies like the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC), and the judiciary become futile when executive pardons circumvent convictions.

According to Mohammed, this weakens the credibility and effectiveness of Nigeria’s anti-corruption campaigns.

Addressing the economic impact, the SAN pointed to the many abandoned or poorly executed projects across the country as a direct consequence of looting by politicians.

“The funds meant for development projects are siphoned away, leaving dilapidated infrastructure, hospitals, and schools. Granting pardons only emboldens more politicians to engage in these activities, stifling national growth,” he said.

Mohammed also highlighted the international repercussions, referencing Nigeria’s steady decline in global corruption indices.

“Our country’s reputation is at an all-time low. We have become known as a haven for corruption, which is why Nigerians face such harsh treatment at international borders,” he lamented.

He expressed concern about the erosion of public confidence in the political system, warning that granting state pardons to convicted politicians signals that the government is not serious about addressing corruption.

“The people lose faith in democracy and see politicians as nothing more than thieves and deceivers. This disenfranchisement is dangerous for the future of governance in Nigeria,” he said.

Mohammed called for an amendment to the constitution to exclude convicted political officeholders from benefiting from state pardons.

He argued that justice must be served to punish those responsible for plundering public resources and restore the public’s trust in Nigeria’s democratic institutions.

“The time to act is now. We must stop this cycle of pardoning corrupt politicians if we are serious about developing our nation and safeguarding our democracy,” Mohammed concluded.

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