INTERVIEW: Why Nigeria’s prisons remain overcrowded despite reforms – Lawyer

Nigeria’s prisons continue to struggle with severe overcrowding, despite efforts at reform.

According to data from the Nigerian Correctional Service Portal as of 14 April, 52,893 out of Nigeria’s 79,474 total prison population are awaiting trial, accounting for about 67 per cent of all inmates. Of these, 51,407 are men, and 1,486 are women. 

In this interview with PREMIUM TIMES, Oluyemi Adetiba-Irija, a lawyer and Executive Director of Headfort Foundation, explains why these reforms are not yielding the expected results, citing the case of God’swill, a man who spent 11 years at Ikoyi Correctional Centre without ever facing trial.

Excerpts…

PT: Could you introduce yourself?

Mrs Adetiba-Irija: My name is Oluyemi Adetiba-Irija. I’m a lawyer and founder of the Headfort Foundation for Justice, a non-profit organisation that provides legal representation for vulnerable persons and advocates for prison reform and criminal justice reform in Nigeria.

PT: Your foundation has helped secure the release of many detainees. How bad is the situation in Lagos prisons today?

Mrs Adetiba-Irija: I don’t work directly in the prisons, so I might not be able to give you an accurate number of the people currently in prison. But one thing I can tell you for sure is that across the five prisons in the Lagos area, congestion is terrible.

For example, at Ikoyi Prison, built for 800 people, you’ll find between 3,000 and 3,500 inmates at any given time. It’s the same at the Kirikiri Maximum and Medium Security Prisons. Even the female facility, although slightly better, holds more than its 200-person capacity.

Over 70 per cent of inmates are usually awaiting trial. It’s a massive problem, and while the government, civil society, and religious bodies are trying, the challenges are still enormous.

You’ll see clamour for reforms, you’ll see different efforts aimed at improving the system. But the reality right now is that the challenges are still quite enormous.

PT: Lagos is often praised for adopting the Administration of Criminal Justice Act (ACJA). Why do violations like delayed trials persist?

Mrs Adetiba-Irija: The laws are there, but implementation is weak.

The judiciary is overwhelmed, and there aren’t enough judges. Election tribunals also pull judges away from regular cases, causing further delays.

Sometimes inmates aren’t brought to court because there are no vehicles or fuel. There have been calls for virtual hearings, but implementation is still pending.

When judges retire or are elevated to higher courts, their pending cases stall for months, sometimes restarting entirely. That’s how people end up spending more years awaiting trial than their actual sentence would have been.

It’s a very disheartening situation when you see someone whose sentence, if found guilty, would be two, three, four, or five years—but they’ve already spent six or seven years awaiting trial. And that’s the reality of the Nigerian criminal justice system.

PT: Lagos has introduced reforms like digital case-tracking and virtual hearings. From your perspective, are these reforms real or cosmetic? Have you seen any measurable impact?

Mrs Adetiba-Irija: So, when it is fully implemented, we will definitely see an impact. Issues like vehicles breaking down or not having fuel to transport inmates to court—those will become things of the past because we’ll be able to schedule virtual hearings and all of that.

So yes, we’re going to see the impact. But right now, even though the direction is clear and the policy is in place, it has not been fully implemented.

PT: Some say police and court officials deliberately delay cases for bribes. How real is this?

Mrs Adetiba-Irija: At the police level, yes, delays happen. People are sometimes held for months without charge, even though the law allows only 48 hours without a court order.

But you still see police detaining people for months in Lagos, right? So all of that could be attributed to the police as part of the problem.

However, once a case gets to court, the police have little influence. But within the court system, delays are also common. Courts are often overbooked, and criminal cases that should move quickly end up waiting months for new dates.

Are these delays deliberate at the court level? I can’t say for certain. But of course, we see them every day—the delays are obvious. Still, there’s always a justification, and most of the time, it’s completely beyond the control of the defence counsel.

PT: Given the level of overcrowding and rights abuses in Lagos prisons, is it fair to say that the state has abdicated its responsibility to uphold basic human rights?

Mrs Adetiba-Irija: Technically, prison management remains a federal responsibility.

Even though the National Assembly moved prisons to the Concurrent List in March 2023, which means that states could manage their prisons, no state in Nigeria has taken any steps to implement that policy.

So, what we have now is that all the prisons are still under the control of the federal government. When it comes to prisons, Lagos State currently has no direct authority over the management of prisons within its territory.

However, you sometimes see initiatives like prison decongestion programmes. You’ll see the Attorney General visiting prisons to facilitate some releases, or the Chief Judge making some releases as well. These are efforts to reduce congestion in the facilities.

But in terms of full prison administration, it’s still not within the state’s purview for now—it remains a federal responsibility.

Now, when you talk about human rights in the context of Lagos State, that’s why I say that upholding human rights within the prisons isn’t strictly within the control of the state government.

PT: Can you share a story that highlights the human cost of this broken justice system?

Mrs Adetiba-Irija: There are a lot of cases that come to mind. One that stands out is Godswill’s case.

He was arrested while visiting his parents. A plain-clothes police officer stopped the bike he was riding, tried to search him, and he resisted. That led to his arrest.

He was taken to the police station, where he was eventually charged with armed robbery, despite no evidence to support the accusation. Armed robbery is a non-bailable offence, so he was held in prison.

The case was transferred between several judges, but no trial ever took place. Over the years, it was adjourned numerous times, and the prosecution never brought forward a single witness. We got involved after he had been there for 10 years. When we met him, he had given up. People had abandoned him, and he no longer believed he would ever be released.

We applied for his bail, even though it was for a capital offence, as he had been incarcerated without trial or evidence. The court granted the bail, but the conditions were so strict that he couldn’t meet them. However, we continued fighting. Finally, after 11 years, the court struck out the case.

The entire experience was harrowing for him. In those 11 years, Godswill had lost all hope, but when he was released in 2023, it marked a moment of renewed hope for him. We also helped him reintegrate by supporting his skill acquisition and relocation to Akwa Ibom, where he is now rebuilding his life.

This case was particularly impactful for me, but unfortunately, we’ve seen worse. Many others have died in prison while awaiting trial.

Since our work began in 2019, Headfort Foundation has helped over 800 people get out of prison for free. These stories highlight the deep flaws in Nigeria’s justice system, and while it’s concerning, we’ll keep pushing for change.

PT: If Governor Sanwo-Olu and President Bola Tinubu truly care about justice, what actions must they take in the next six months to address this humanitarian crisis?

Mrs Adetiba-Irija: First, police reform is critical. Arbitrary arrests are a major issue. If the police system improves, we’ll see fewer people arrested and brought to court. Without police reform, no real change in the criminal justice system is possible.

The police must improve how they handle investigations and charge people. For example, cases like rape or defilement often lack evidence, but are still brought to court, overcrowding the system with frivolous cases. One time, I saw someone charged with “hiding in a dark place” and spent three months in prison.

Next, we need reforms in the judiciary, especially the Directorate of Public Prosecutions (DPP). The DPP advice often takes years, and many prisoners remain in jail simply because their DPP advice hasn’t been processed. The Lagos office is understaffed and slow, which causes delays in filing cases.

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Governor Sanwo-Olu should prioritise the Ministry of Justice, increase staffing at the DPP, and ensure that legal advice reaches the courts promptly. Currently, cases can be delayed for months because the advice hasn’t been transmitted to the court. This is a major problem.

PT: What are three immediate steps the government can take to decongest prisons, speed up trials, and restore public trust?

Mrs Adetiba-Irija: First, hire more judges, particularly in Lagos, and ensure that criminal judges aren’t distracted by political assignments like election tribunals. The focus should be on criminal justice.

Second, limit adjournments. They should not exceed two or three weeks. Long adjournments cause unnecessary delays, especially for those trying to perfect bail.

Third, review bail conditions. Many people with bailable offences remain in custody simply because they can’t meet stringent conditions. We need a shift in how bail is viewed—it’s not about exoneration but ensuring the person attends trial.

PT: How can NGOs support the system?

Mrs Adetiba-Irija: NGOs play a vital role in providing legal representation, especially for those who cannot afford it. About 60 per cent of people in prison are poor, so legal aid from organisations like ours is crucial.

Additionally, Civil Society Organisations (CSOs) support decongestion exercises by the Chief Judge, helping identify prisoners who have been held for years without a trial. CSOs also recommend cases to speed up the process. Collaboration with the Nigerian Bar Association (NBA), churches, and other stakeholders is essential to ensure meaningful change.