BREAKING: ECOWAS Court Orders Prison Decongestion, An End To Prolonged Detention Without Trial In Nigeria

The ECOWAS Community Court of Justice has ordered the de-congestion of Nigerian prisons and a periodic review to end the prolonged detention of awaiting trial inmates in the country.

According to 2024 official statistics, of the estimated 79,237 inmate population in Nigeria, 26,718 were convicted, while 52,519 were awaiting trial, representing nearly 66 per cent of the total prisoner population.

In a judgement delivered on 15 May 2026 on case No ECW/CCJ/APP/05/25 filed by the Centre for Community Law, a Nigeria-registered NGO, over violations of the rights of awaiting-trial inmates in Nigeria’s correctional facilities, the ECOWAS Court held that the “prolonged detention of a substantial number of awaiting-trial inmates and the resulting overcrowded prison conditions breached the inmates’ rights to liberty, dignity, fair hearing, presumption of innocence, the right to be tried within a reasonable time, and equality before the law as guaranteed under the African Charter on Human and Peoples’ Rights (ACHPR).”

The Court therefore ordered Nigeria to “undertake immediate institutional and corrective measures aimed at addressing the deficiencies within its criminal justice and correctional systems.”

The country should also “introduce and implement a comprehensive prison de-congestion policy, including the adoption of non-custodial measures for minor and bailable offences,” and “within six months, submit a detailed compliance report to the Court, including statistical updates on the number of inmates released or tried.”

The Centre for Community Law, which is engaged in the promotion and enforcement of Community laws and human rights protection, initiated the action in the public interest, challenging the prolonged detention of accused persons awaiting trial in Nigeria, as the respondent.

The Centre, as the Applicant, further posited that many detainees were held for bailable offences and remained in detention for periods exceeding the maximum punishment prescribed by law.

It also argued that custodial facilities were severely overcrowded and that the continued detention of large numbers of awaiting-trial inmates imposed an excessive burden on public resources.

The Centre argued that the situation constituted violations of Articles 1, 3, 5, 6, 7, 22, and 26 of the African Charter, and other applicable international human rights instruments.