The Vicissitude of Awaiting Trial Prisoners in the Nigerian Criminal Justice System

Abstract

The study investigated the phenomenon of awaiting trial detainees in Nigeria as a systemic problem with implications for prison management, criminal subculture formation, socio-economic inequality, and judicial delays. The research adopted descriptive survey design with the help of four objectives. The research was carried out in three different correctional facilities which include Kuje, Port Harcourt and Agodi. The data were collected by the questionnaires filled in by 353 respondents and interviews with the prison staff and justice professionals. The data were analysed by means of descriptive statistics, correlation analysis and thematic interpretation. The results revealed that firstly the detainees awaiting trial placed a heavy burden on the resources of correctional facilities. Second, criminal networks and subcultures spread due to overcrowding. Thirdly, the judiciary is inefficient causing prolonged detention. Fourth, people’s socio-economic disadvantage limits their access to bail and fair representation. The study concludes that the practice of incarcerating people on remand is not just a slip but a problem that pervades the entire Nigerian criminal justice system. Among the suggestions were the establishment of organised remand management, the legitimisation of some alternative measures for the institution of decongestion, the implementation of case management reforms and the increase of the legal aid fund to address systemic injustices.