What Does The Law Say About Detention Without Charge?

March 17, 2026·25 min·2 clips

Nearly two out of every three inmates in Nigeria are locked up without a conviction, raising urgent legal and human rights questions.

The episode opens with statistics from the Nigerian Correctional Service: as of February 2026, 51,955 of 80,818 Nigerian prison inmates are awaiting trial — approximately 64% of the population — meaning nearly two in three inmates have not been convicted by any court. Host Lukman Awologono frames this as the central question of legality and systemic function. The first interview is with Barrister Nanchuad Kili, a legal practitioner based in Abuja. He explains that Section 35 of Nigeria's 1999 Constitution prohibits arbitrary and prolonged detention. Any arrested person must be informed in writing, within 24 hours and in a language they understand, of the reason for their arrest. They must then be brought before a court within 24 hours if a competent court exists within 40 kilometers of the detention location, or within 48 hours if no such court is within that radius. If the detaining agency — police, EFCC, or DSS — fails to meet these timelines, the suspect must be released unconditionally or on bail. Victims of unlawful detention can file fundamental rights enforcement applications and are entitled to compensation and a public apology under Section 35 of the Constitution. Kili then explains the remand order mechanism: a remand order is a temporary judicial order by a magistrate sending a suspect to prison custody for a limited period — typically 14 days — while police complete investigations or the Director of Public Prosecution provides legal advice. It applies when an offense is beyond the magistrate's jurisdiction. Police file an ex-parte application with a verified statement showing probable cause; the magistrate examines this and, if satisfied, issues a 14-day remand order. Extensions require further applications. Kili identifies several reforms needed: strict enforcement of the 14-day remand timeline with an automatic bail or release mechanism on expiry; mandatory legal aid for inmates who cannot afford representation; accelerated or day-to-day hearings to prevent case backlogs; training for magistrates and police officers on proper detention procedures; and a central digital criminal record registry to eliminate lost files and endless adjournments. He closes by arguing that the solution is political will to enforce existing progressive laws, not the construction of more prisons, and that until pre-trial detention is treated as the exception rather than the rule, correctional facilities will function as warehouses rather than rehabilitative institutions. The second legal contributor, Barrister Mutiu Akinsanya, a constitutional lawyer, adds nuance: detention without a formal charge does not by itself violate the constitution; what violates the right to liberty is holding a suspect beyond the 24 or 48-hour window. Agencies may detain without charging, as long as they seek a remand order within that window. However, he confirms that abuses are widespread: law enforcement agencies routinely hold suspects beyond constitutional limits, beyond remand order periods, and sometimes without even seeking remand orders. He also notes that some magistrates grant remand orders without sufficient factual basis, and in some instances orders are pre-written and handed to agencies to fill in the suspect's name — a practice he characterizes as destroying the reforms the Administration of Criminal Justice Act sought to introduce. Following the advertisement break, human rights lawyer and activist Paul Azaroma provides a practitioner's account of detention abuses. He describes people held for six months, one year, two years, or three years in military, DSS, and police detention facilities, sometimes without access to family or lawyers and with phones confiscated. He describes the practice of 'withholding charges' and the use of corrupt magistrates and area court judges who issue retention warrants on false grounds. He presents a specific recent case: a man held for eight months in a security facility; his family had concluded he must have been kidnapped or killed; only when another released inmate secretly informed them did Azaroma's organization learn he was alive. A letter from the organization prompted his rapid court appearance. Azaroma offers practical advice for families: publicize the case through journalists, since agencies respond quickly to media attention; file fundamental rights enforcement applications, which courts have been granting. He calls on government, civil society, and lawyers as the key stakeholders in addressing the systemic problem.

As heard by us

A clear, sober look at why so many Nigerians remain in detention before trial.

The episode keeps its attention on a hard public question: what the law allows when people stay in detention for months or years without conviction.

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Why you'd press play

Need the law behind Nigeria's awaiting-trial crisis, without the noise?

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