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Don faults justice system as 52,519 inmates await trial, demands police reforms

Federal High Court

A Professor of Law, Osaretin George Izevbuwa, has criticised Nigeria’s criminal justice system over prolonged detention without trial, alleged police abuses, judicial delays and corruption, warning that institutional failures are undermining citizens’ access to justice.

Izevbuwa, who delivered the 27th inaugural lecture of Igbinedion University, Okada, Edo State, said Nigeria’s criminal justice crisis was not primarily caused by a lack of laws but by the failure of institutions to enforce existing safeguards and hold erring officials accountable.

Speaking on the topic, Institutional Pathologies and Systemic Reforms: The Gatekeepers’ Role in the Administration of Criminal Justice in Nigeria, the professor identified the police, prosecutors, judiciary and Nigerian Correctional Service as critical institutions whose failures reinforce one another.

He argued that although the Constitution, the Administration of Criminal Justice Act (ACJA) 2015, the Police Act 2020 and the Nigerian Correctional Service Act 2019 provide safeguards, implementation remains weak.

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“The pathology is therefore not a deficit of law. It is a deficit of enforcement, of accountability and of institutional culture,” he said.

The professor cited official statistics showing that, out of 79,237 inmates recorded in Nigeria’s custodial centres in 2024, 52,519 were awaiting trial, representing approximately 66 per cent of the total population.

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He said the figures exposed the scale of prolonged pre-trial detention and raised questions about the effectiveness of statutory provisions designed to protect suspects from unlawful or indefinite incarceration.

Under Sections 293 to 296 of the ACJA, he explained, remand orders are subject to prescribed time limits and judicial review. However, he lamented that such safeguards were frequently ignored by law enforcement agencies, courts and prosecuting authorities.

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Izevbuwa illustrated the consequences with the case of Giff Tobia, who was arrested in Port Harcourt in 2017 following a robbery incident and remained in detention for eight years and four months without trial.

According to him, Tobia, who was allegedly unconnected with the crime, remained in custody while others arrested alongside him secured their release.

He said Tobia was eventually freed following the intervention of a human rights lawyer who provided legal assistance without charge.

The professor attributed the prolonged detention to failures across the justice chain, including the police’s arrest and investigation practices, judicial decisions on remand, prosecutors’ handling of cases and custodial authorities’ failure to flag prolonged detention.

He questioned whether institutions established to protect justice were instead becoming obstacles to it, particularly for indigent defendants unable to afford legal representation.

The law professor also condemned alleged extrajudicial killings, torture, arbitrary arrests and the use of police powers to settle civil disputes.

He cited the case of Onuoha Johnbosco in Imo State, who, according to the lecture, was arrested at his shop in 2025 and subsequently disappeared amid conflicting accounts of his whereabouts.

Izevbuwa said the failure to produce Johnbosco’s body or provide a satisfactory account of his fate raised serious concerns about police accountability.

He also referred to the case of Japheth Njoku, a security guard at Alaba Market in Lagos, who reportedly died in police custody in May 2025 after years of detention over an allegation involving cigarette theft.

According to the professor, the reported denial of access to Njoku by his family and the alleged failure to produce his body after an autopsy order illustrated the difficulties families face in obtaining accountability for deaths in custody.

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He said the cases reinforced the need for independent investigations, effective oversight and sanctions against officers found responsible for violations.

Izevbuwa further warned against the practice of arresting relatives or associates of suspects in place of the individuals being sought, commonly known as arrest in lieu.

He said such practices violated fundamental rights and persisted because of weak enforcement, inadequate public awareness and institutional reluctance to hold officers accountable.

The professor also faulted the use of police powers to recover private debts or enforce contractual obligations, arguing that civil disputes should not be converted into criminal cases.

On the judiciary, Izevbuwa said excessive reliance on technicalities, repeated adjournments, interlocutory applications and appeals had contributed to prolonged litigation.

He cited concerns raised by Senior Advocate of Nigeria Fidelis Oditah, who reportedly warned that some cases remained in court for 20 to 30 years, leaving litigants waiting for judgments for much of their lives.

The professor argued that the justice system appeared to operate at different speeds, with election-related disputes receiving strict constitutional timelines while ordinary civil and human rights cases often suffered prolonged delays.

He also criticised delays in high-profile corruption cases, noting that procedural manoeuvres and inadequate court infrastructure frequently hindered the speedy determination of criminal proceedings.

According to him, the shortage of judicial personnel, paper-based processes, poor coordination among justice sector institutions and the absence of effective case-tracking mechanisms further compounded the problem.

He called for wider adoption of digital filing, electronic case management and measures to prevent criminal trials from restarting whenever judges are transferred or promoted.

Izevbuwa also advocated stronger judicial accountability and more transparent disciplinary processes to restore public confidence in the courts.

He cited a 2022 Chatham House survey indicating that 61 per cent of respondents believed Nigerian judges were likely to accept bribes to influence decisions, despite widespread public disapproval of judicial bribery.

As part of his recommendations, Izevbuwa called on the National Assembly to expedite reforms establishing a three-tier policing structure comprising federal, state and local government police services.

He argued that decentralising policing could improve responses to local security challenges, provided adequate constitutional safeguards were introduced to prevent political interference.

He proposed direct funding arrangements for state and local government police services to reduce the risk of governors and other political actors using financial control to influence policing.

The professor also called for stronger independent police oversight, improved forensic investigation, a central fingerprint and DNA database, and mandatory human rights training for officers.

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