…Vows to end prolonged detention without trial

The Chief Judge of Delta State, Justice Tessy Diai, has reaffirmed the judiciary’s commitment to protecting the constitutional rights of awaiting trial inmates and ensuring the speedy administration of justice after reviewing 1,177 remand warrants and ordering the release of nine detainees during her second custodial centre inspection for 2026.

The two-week statewide exercise, conducted under the Administration of Criminal Justice framework, covered custodial centres in Agbor, Ogwashi-Uku, Warri, Sapele, Kwale, as well as the Remand Home in Sapele.

The inspection forms part of the Chief Judge’s constitutional responsibility to monitor criminal justice administration, decongest correctional facilities and ensure that no individual is unlawfully or unnecessarily kept in detention.

Official statistics released at the end of the exercise showed that Justice Diai reviewed 196 warrants at the Agbor Custodial Centre on July 15, with no inmate released or granted bail.

At the Ogwashi-Uku Custodial Centre on July 17, she examined 413 warrants, leading to the release of three inmates based on legal advice issued by the Directorate of Public Prosecutions (DPP), while no bail applications were granted.

The Warri Custodial Centre recorded the review of 294 warrants on July 20, with five inmates released following DPP advice. No inmate was granted bail during the visit.

In Sapele, 157 warrants were reviewed on July 21, resulting in the release of one inmate on the recommendation of the DPP, while six warrants were also examined at the Sapele Remand Home without any release or bail approval.
The inspection concluded at the Kwale Custodial Centre on July 24, where 111 warrants involving awaiting trial inmates were reviewed. No inmate was released or granted bail.

Addressing judges, prosecutors, correctional officials and other stakeholders during the visits, Justice Diai explained that the number of inmates listed for review is usually reduced before the commencement of each inspection because some detainees may have already been released, granted bail or convicted.

She noted that the absence of releases or bail approvals at the Kwale Custodial Centre demonstrated that the criminal justice process in that facility was functioning effectively, with inmates regularly appearing before courts handling their cases.

Justice Diai stressed that prison visitation exercises are not substitutes for trial proceedings, explaining that applications for bail should ordinarily be made before the courts handling individual cases, except in exceptional circumstances requiring intervention by the Chief Judge.

While commending prosecutors for their commitment to criminal justice administration across the state, she expressed concern over the slow pace of prosecution in some cases, citing a criminal matter that has remained unresolved since 2011.

Describing prolonged detention without the conclusion of trial as unacceptable, the Chief Judge declared that no individual should remain in custody for six or seven years without having their case heard, adding that such delays undermine the principles of justice and the rights guaranteed under the Constitution.

She consequently directed judges handling criminal matters to closely monitor the dates inmates were admitted into custody and prioritise older cases to prevent unnecessary delays in trial.

Justice Diai also cautioned prosecutors against restarting criminal proceedings whenever there is a change of counsel, noting that such practices significantly contribute to prolonged litigation and overcrowding in custodial facilities.

She praised judicial divisions that have consistently progressed criminal cases to the stages of final addresses and judgment, urging other courts to emulate their efficiency in order to strengthen public confidence in the justice system.

Reaffirming the Delta State Judiciary’s resolve to improve criminal justice administration, Justice Diai pledged to deepen collaboration with prosecutors, correctional authorities and other stakeholders to accelerate the determination of criminal cases, reduce congestion in custodial centres and safeguard the constitutional rights of inmates awaiting trial.