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The Community Court of Justice, ECOWAS has ordered the Federal Republic of Nigeria to urgently decongest its correctional facilities and end the prolonged detention of awaiting-trial inmates.
The Court also gave Nigeria six months to submit a detailed compliance report, including updated statistics on the number of inmates released or prosecuted.
In a ruling delivered on 15 May 2026 and made public through a statement on Monday, the Court held that the continued detention of a large number of awaiting-trial inmates, coupled with overcrowded prison conditions, violated several provisions of the African Charter on Human and Peoples’ Rights.
In Case No. ECW/CCJ/APP/05/25, the Court found that the situation breached the rights to liberty, dignity, fair hearing, presumption of innocence, and the right to trial within a reasonable time under the Charter, as well as Nigeria’s obligations to uphold international human rights standards.
The case was filed by the Centre for Community Law, a non-governmental organisation, which argued that a significant portion of Nigeria’s prison population comprises awaiting-trial inmates, many of whom are detained for bailable offences and held beyond legally permissible periods.
Relying on official statistics, the applicant stated that out of over 79,000 inmates, more than 52,000 were awaiting trial, describing the situation as evidence of systemic failure in the justice and correctional system.
Nigeria, however, denied the allegations, arguing that detentions were lawful and that correctional facilities were adequately equipped, while also challenging the standing of the applicant to bring the case.
The court dismissed the objection, affirming the doctrine of actio popularis, which allows public interest litigation on behalf of affected groups, and held that the applicant had the legal standing to institute the case.
On the merits, the Court held that the applicant presented credible evidence, including official records, while Nigeria failed to provide sufficient counter-evidence to refute the claims.
It consequently ruled that Nigeria violated Articles 1, 3, 5, 6, and 7 of the African Charter, particularly on liberty, dignity, and fair trial rights, through prolonged pre-trial detention and overcrowded prison conditions.
As part of its orders, the Court directed Nigeria to establish mechanisms for periodic judicial review of pre-trial detention cases and implement a comprehensive prison decongestion policy, including expanded use of non-custodial measures for minor and bailable offences.
It further ordered Nigeria to submit a compliance report within six months, detailing steps taken to reduce the inmate population and improve the criminal justice system.
“The court held that the prolonged detention of awaiting-trial inmates violated the right to liberty under Article 6 of the African Charter; Held that the prolonged detention regime violated the rights to the presumption of innocence and trial within a reasonable time under Article 7 of the Charter;
” Held that overcrowded prison conditions violated the right to dignity guaranteed under Article 5 of the Charter; Held that the Respondent failed to fulfil its obligations under Article 1 of the African Charter; Ordered the Respondent to introduce and implement a comprehensive prison decongestion policy, including the adoption of non-custodial measures for minor and bailable offences; and Ordered the Respondent, within six months, to submit a detailed compliance report to the Court, including statistical updates on the number of inmates released or tried, “the statement added.
