Bridging the Justice Gap: Examining the Impact of Delayed Trials on Access to Justice for Pretrial Detainees in Nigeria and Its Implications for Human Rights

Abstract

S. A. Abdulmudallib

Pretrial detention remains a significant challenge to access to justice in Nigeria, with thousands of individuals confined for months and even years without trial. Despite constitutional guarantees under section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), statutory safeguards in the Administration of Criminal Justice Act 2015 (ACJA), and oversight provisions of the Nigerian Correctional Service Act 2019, system inefficiencies, judicial backlog, procedural delays, and inadequate access to legal representation continue to undermine timely trial proceedings. This article examines the impact of delayed trials on pretrial detainees, highlights the resulting violations of fundamental rights, including liberty, dignity, and the right to a fair trial. Drawing on Nigerian case law, including Abacha v Fawehinmi (2000) 6 NWLR (Pt 660) 228 and Onyeka v Federal Republic of Nigeria [2018] LPELR-44031(CA), as well as reports from the Nigerian Correctional Service and civil society organizations, the study identifies gaps in law and practice. The article further evaluates access to justice mechanisms, including legal aid, plea bargaining, and alternative dispute resolution, and proposes judicial, legislative, and administrative reforms. Implementation of these measures is essential to reduce pretrial detention periods, protect human rights, and restore public confidence in Nigeria's criminal justice system.

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