The declaration by the Executive Secretary of the National Human Rights Commission (NHRC), Dr Tony Ojukwu (SAN), that poverty and inequality are major drivers of prison congestion in Nigeria is a sobering reminder that the country’s criminal justice system often punishes poverty as much as it does crime. His disclosure that thousands of low-risk inmates remain in correctional centres because they cannot afford court-imposed fines should compel urgent action from governments and justice-sector institutions.

Speaking at the 2026 Nelson Mandela Day commemoration at the Suleja Correctional Centre, Ojukwu noted that many inmates are not hardened criminals but victims of economic hardship. By paying fines for indigent inmates, the NHRC facilitated the release of some prisoners and once again demonstrated the role humanitarian intervention can play in reducing prison congestion. While commendable, such interventions only address the symptoms of a much deeper institutional problem.

No society that prides itself on justice should allow citizens to remain in custody over minor offences simply because they are poor. When the ability to regain freedom depends largely on financial means, the constitutional principle of equality before the law becomes little more than an aspiration. Poverty should never become a prison sentence.

Nigeria’s correctional centres have remained overcrowded for decades, despite repeated reforms. A significant percentage of inmates are awaiting trial, while many convicted persons are serving time for minor offences that could have attracted non-custodial sentences. Others remain incarcerated because they cannot pay relatively small fines imposed by the courts. This situation defeats the objectives of justice and undermines confidence in the legal system.

Equally disturbing is the fate of innocent citizens who find themselves behind bars through indiscriminate police raids conducted after crimes or during periods of civil unrest. In many instances, innocent persons are arrested alongside genuine suspects and remain in detention because they lack legal representation or cannot meet stringent bail conditions. Such practices violate fundamental rights and contribute unnecessarily to prison congestion.

This is not to suggest that crime should be treated lightly. Society must continue to discourage criminal conduct through effective law enforcement and appropriate punishment. Those who commit serious crimes deserve to face the full weight of the law. Indeed, some habitual offenders use prison as a revolving door. Some repeatedly commit offences, viewing incarceration as a temporary refuge from poverty and homelessness. Such cases highlight broader socio-economic failures that require sustained government attention.

Yet, these realities cannot justify a correctional system that keeps petty offenders and low-risk inmates behind bars when more appropriate alternatives exist. Modern criminal justice systems increasingly recognise that imprisonment should be reserved for offenders who pose genuine threats to society. For minor offences, community service, probation, restorative justice and other non-custodial measures often achieve better outcomes while reducing pressure on correctional facilities.

The judiciary has an important role to play in this regard. Courts at all levels should deliberately embrace alternatives to imprisonment for petty offences and regularly review cases involving inmates unable to pay fines or meet bail conditions. Justice delayed, particularly in such circumstances, amounts to justice denied.

The Legal Aid Council of Nigeria must equally become more proactive in providing legal representation for indigent suspects. Many inmates remain in detention simply because no lawyer is available to challenge unlawful incarceration or expedite their cases. Similarly, Offices of the Public Defender, particularly the Lagos State model, deserve greater support and replication across the federation. Access to justice should never depend on an individual’s financial status.

Police reforms are equally imperative. Arbitrary arrests, indiscriminate detention and poor investigation continue to undermine public confidence in law enforcement. Security agencies must rely on intelligence and credible evidence rather than mass arrests that frequently ensnare innocent citizens.

Another challenge that deserves urgent attention is corruption within correctional facilities. Allegations of extortion, preferential treatment for wealthy inmates and diversion of resources have persisted over the years. Such practices not only violate the rights of inmates but also undermine the integrity of the correctional system. Stronger oversight and greater accountability are therefore essential.

The government must also significantly improve funding for the Nigerian Correctional Service.

Overcrowded facilities, poor infrastructure, inadequate healthcare, insufficient feeding and limited rehabilitation programmes have combined to create conditions that frustrate meaningful correction.

Increased budgetary allocation should cover infrastructure renewal, inmates’ welfare, vocational training, healthcare and improved working conditions for correctional officers.

The support provided by civil society organisations, faith-based groups and philanthropists remains invaluable. The NHRC’s collaboration with Hope Behind Bars Africa and other partners illustrates how strategic partnerships can improve inmates’ welfare and facilitate the release of deserving prisoners.

Such initiatives should be encouraged, but they cannot replace the responsibility of the government to build an efficient and humane correctional system.

Ultimately, Nigeria’s correctional centres should exist to reform offenders, not merely to warehouse the poor. The continued incarceration of low-risk inmates because they cannot pay modest court fines represents a profound failure of justice. Comprehensive reform of the criminal justice system, stronger legal aid services, greater use of non-custodial sentencing, police accountability, increased correctional funding and decisive action against corruption within prisons are no longer optional. They are essential if Nigeria is to build a justice system that is fair, humane and worthy of a democratic society.