ECOWAS Court Orders Nigeria to Decongest Prisons, End Prolonged Pre‑Trial Detention
The Community Court of Justice of ECOWAS has issued a landmark judgment directing the Federal Republic of Nigeria to urgently decongest its correctional centres and halt the prolonged detention of inmates awaiting trial.
Delivering its ruling on 15 May 2026 in Case No. ECW/CCJ/APP/05/25, the Court held that Nigeria’s practice of detaining tens of thousands of awaiting‑trial inmates in overcrowded facilities constitutes a violation of multiple provisions of the African Charter on Human and Peoples’ Rights. Specifically, the Court found breaches of the rights to liberty, dignity, fair hearing, presumption of innocence, and trial within a reasonable time.
The suit was instituted by the Centre for Community Law, a public interest NGO, which argued that Nigeria’s prison system is plagued by systemic failures. Relying on official statistics, the applicant demonstrated that out of over 79,000 inmates nationwide, more than 52,000 were awaiting trial, many for bailable offences and beyond constitutionally permissible detention periods.
Nigeria denied the allegations, insisting that detentions were lawful and facilities adequate, while also challenging the applicant’s standing. The Court rejected this objection, affirming the doctrine of actio popularis, which permits public interest litigation on behalf of affected groups.
On the merits, the Court ruled that Nigeria failed to rebut credible evidence presented by the applicant and consequently declared violations of Articles 1, 3, 5, 6, and 7 of the African Charter.
Key Orders of the Court
– Prison decongestion: Nigeria must urgently implement a comprehensive policy, including non‑custodial measures for minor and bailable offences.
– Judicial review: Mechanisms must be established for periodic judicial oversight of pre‑trial detention cases.
– Compliance report: Within six months, Nigeria must submit detailed updates, including statistics on inmates released or prosecuted.
The Court emphasised that prolonged detention violates Article 6 (liberty), undermines the presumption of innocence and fair trial rights under Article 7, and that overcrowded prison conditions breach Article 5 (dignity). Nigeria was further found to have failed in its obligations under Article 1, which requires states to give effect to Charter rights.
This ruling underscores the binding nature of regional human rights obligations and places Nigeria under strict judicial scrutiny to reform its correctional and criminal justice systems.
