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Facts and figures

The issue

Two in three people held in Nigeria’s custodial centres have not been convicted of anything. Many wait years for a trial.

Most people in custody have not been convicted

In February 2026, 80,812 people were held in Nigeria’s custodial centres. 51,955 (64%) of them were awaiting trial. (Source: Nigerian Correctional Service, reported by BusinessDay, 12 Feb 2026.)

This is not new. In 2014, 70% of the 56,620 people held were pre-trial detainees (US State Department Human Rights Report, 2014). In 2006, the then Nigerian Prisons Service reported an average pre-trial detention of nearly four years.

The law says days, not years

Section 35 of the 1999 Constitution requires anyone arrested to be brought before a court within a reasonable time: one day where a court is within 40 km, and two days otherwise.

Case: Sikuru Alade, nine years without trial

  • 9 March 2003: Arrested. He was held without any court authorisation until 15 May, which was unlawful.
  • 15 May 2003: A magistrate orders him remanded on a “holding charge”.
  • 2003–2012: Held at Kirikiri Maximum Security Prison, Apapa, Lagos, never returned to court and never charged before a competent court.
  • 2012: The ECOWAS Community Court of Justice finds his detention arbitrary, in violation of the African Charter on Human and Peoples’ Rights.
  • 18 September 2012: Released after a review by the Chief Judge of Lagos State.

[Verify judgment citation and dates before publishing.]

Conditions and overcrowding

From our own prison visits, we would describe conditions as life-threatening, with a high risk of contracting serious disease. Overcrowding needs urgent attention. Responsibility does not lie solely with the prison service: delays in the courts and the legal process keep people waiting.

The death penalty

Amnesty International counted 3,036 people on death row in Nigeria at the end of 2021, the highest number in sub-Saharan Africa. [Update with the latest Amnesty annual report before launch.]

Sources

  • BusinessDay, “Prisons under strain as 2 of every 3 inmates awaiting trial”, 12 Feb 2026
  • US Department of State, Country Reports on Human Rights Practices: Nigeria, 2014
  • Amnesty International, Death Sentences and Executions 2021
  • Constitution of the Federal Republic of Nigeria 1999 (as amended), s.35