How Missing Case Files, Delayed Investigations Trap Awaiting-trial Inmates

LEADERSHIP Sunday team investigates the factors that keep accused persons in prisons across the country. The report is authored by CHRISTIANA NWAOGU, Abuja; ABDULLAHI OLESIN, Ilorin; FELIX IGBEKOYI, Asaba; ALO ABIOLA, Ado-Ekiti; ACHOR ABIMAJE, Jos and NNAMDI MBAWIKE, Enugu.

Recent reports suggest that over 90 per cent of inmates in the country are awaiting trial, while some have stayed more than the number of years they would have spent if they had been convicted.

Findings by LEADERSHIP Sunday revealed that missing files and prolonged inter-agency investigations are among the reasons for the long stays of some awaiting-trial inmates.

In Kwara State, a total of 786 inmates are awaiting trial at various Custodial Centres, while 469 convicted offenders are in custody.

As of July 2026, LEADERSHIP Sunday’s investigation showed that a total of 1,255 awaiting-trial and convicted criminals are languishing in the state’s Custodial Centres.

LEADERSHIP Sunday recalls that, as part of efforts to decongest prisons in the state, the Chief Judge of Kwara State, Justice Abiodun Adebara, on 30 June 2026, ordered the release of six inmates during a jail delivery exercise at Ilorin Custodial Centre.

The inmates were released from the Old Ilorin Custodial Centre, Okekura, Ilorin, following a careful review of their cases in accordance with the law.

During the exercise, Justice Adebara said the jail delivery exercise forms part of the judiciary’s determination to ensure that justice is not delayed and that inmates who no longer have legal grounds to remain in custody are promptly released.

The officer-in-charge of the Custodial Centre, Asst. Controller of Corrections, Muyiwa Omole, thanked the Chief Judge and members of his entourage for the exercise, which he described as timely and impactful.

He noted that the exercise would significantly reduce congestion within the custodial facilities and further enhance effective inmate management.

The Kwara State Controller of Corrections, Tolorunshagba Emmanuel, commended the Chief Judge for his continued support in decongesting the state’s Custodial Centres.

He emphasised that the exercise demonstrated the strong synergy between the judiciary and the Nigerian Correctional Service in delivering justice promptly.

In Enugu, although the State Chief Judge and the Presidential Committee on Prison Reform and Decongestion periodically hold special jail delivery exercises to grant bail or unconditionally release inmates to curb decongestion, our correspondent gathered that many inmates are still being detained without trial.

Some prison officials who spoke with our correspondent on condition of anonymity claimed that Police often arraign individuals before lower courts lacking jurisdiction, resulting in prolonged remands as investigations drag on.

They added that the lack of dedicated transport to move inmates from the Enugu Custodial Centre to various state courts frequently stalls hearings.

Also, the officials told our correspondent that most awaiting-trial inmates are indigent and cannot afford legal representation.

According to them, detainees languish in custody at the Enugu Correctional Centre for years because case files and documents have gone missing.

They further disclosed that inmates are routinely detained at the correctional centre without trial while awaiting legal advice or recommendations from the state’s DPP.

Although the official figure has not been released, an official disclosed that as of 2026, the total inmate population in Enugu State stands at about 3,536, with the vast majority of them being ‘unsentenced’ detainees.

The official disclosed that nearly 2 out of every 3 inmates at the Enugu Correctional facility are awaiting trial rather than serving a sentence.

893 Awaiting Trial, Convicted Inmates In Ekiti Custodial Centre

The authorities of the Nigerian Correctional Service, operators of the Ado Ekiti Custodial Centre, have said measures have been put in place to address congestion at the facility.

A senior official at the facility, who spoke at the LEADERSHIP Weekend in Ado-Ekiti, the Ekiti State capital, said that awaiting-trial inmates in their custody are required to attend their court proceedings as due.

He stated that the prompt action had helped reduce the number of awaiting-trial and sentenced inmates to just under 1,000.

According to the top officer who preferred anonymity, “The inmates in question number 893 in total. Those awaiting trial as at today number 581, while convicted inmates as at today number 312”.

In Delta State, the Judiciary and the Ministry of Justice recently demonstrated their commitment to ensuring speedy trials, reducing congestion in custodial centres, and safeguarding inmates’ rights against prolonged detention.

They released nine inmates from the Agbor, Ogwashi-Uku, Warri and Sapele Custodial Centres as part of ongoing efforts to expedite the administration of justice and decongest correctional facilities across the state.

The released inmates from the Ogwashi-Uku Custodial Centre are Emmanuel Bulus, 24 years; James David, 29 years; and Paulinus Goddey. Those released from the Warri Custodial Centre are Desmond Kawei, 30 years; Miracle David, 24 years; Promise Ododoru, 36 years; Emmanuel Kawoh, 42 years; and Augustine Stephen, 39 years. The inmate released from the Sapele Custodial Centre is Tsagove Allanddrix Teponno, a Cameroonian national.

Miracle David, 24, said before his release that he had spent 4 years awaiting trial for an alleged theft.

-The Chief Judge of Delta State, Hon. Justice Tessy Diai, who ordered their release, disclosed that 1,061 warrants were reviewed across the four custodial centres.

According to her, the inmates were released following legal advice from the Department of Public Prosecutions (DPP) and the Delta State Ministry of Justice, which indicated that they had no case to answer.

A Deputy Controller of Corrections at one of the Custodial Centres, who requested anonymity, commended the Delta State Judiciary and the Ministry of Justice for their sustained efforts to decongest correctional facilities across the state.

He appealed to the Chief Judge to encourage more courts to adopt virtual hearings to reduce the cost and logistical challenges of transporting inmates to court.

He also expressed appreciation to Governor Hon. Sheriff Oborevwori for donating five operational vehicles to the Delta State Command of the Nigerian Correctional Service.

Regarding the number of inmates awaiting trial and how many have been convicted, he said only the state controller can answer that or grant permission to disclose such information.

Records showed that 413 warrants were reviewed at the Ogwashi-Uku Custodial Centre, resulting in the release of three inmates. In comparison, 295 warrants were reviewed at the Warri Custodial Centre, where five inmates were released.

At the Sapele Custodial Centre, 157 warrants were reviewed, resulting in the release of one inmate. At the Sapele Remand Home/Children Correctional Centre, the cases of six juveniles were reviewed.

196 warrants were reviewed at the Agbor Custodial Centre, but none of the inmates met the criteria for release.

In Plateau State, over 900 inmates are reportedly awaiting trial. The state controller of the Nigerian Correctional Service (NCS) Plateau State command, Ezekiel Kagah, disclosed during a working visit by the director-general of the Legal Aid Council of Nigeria (LACON), Aliyu Abubakar, in Jos.

According to him, the correctional centre had almost 2,000 inmates, of whom more than 1,000 had been convicted, and 900 were awaiting trial.

Similarly, to help decongest prisons, the Plateau State Chief Judge, Hon. Justice David Gwong Mann, concluded the 2026 Annual Jail Delivery Exercise at the Jos Custodial Centre of the Nigerian Correctional Service in January this year.

The event marked the continuation and conclusion of the annual prison visit aimed at decongesting custodial centres and promoting justice and fairness.

The exercise was conducted with the support of the Justice Reform Team, comprising representatives of key justice sector institutions.

Our correspondent gathered that during the visit, the Chief Judge received and reviewed all cases presented before him.

At the conclusion of the proceedings, three (3) cases were struck out, leading to the discharge of inmates awaiting trial. In addition, eleven (11) convicted inmates had their sentences reduced to three (3) years.

Speaking with LEADERSHIP Sunday in a telephone interview, the North Central Zonal Coordinator of the Civil Liberties Organisation (CLO), Mr Steve Aluko, said that a recent call to release 90 per cent of inmates awaiting trial is a welcome development in the country.

Aluko argued that those inmates whose cases are found to be genuine should be reviewed and allowed to go home.

We Don’t Keep Files, Prosecute Inmates, We Only Provide Custody – NCoS

Meanwhile, the Nigerian Correctional Service (NCoS) has clarified that it neither arrests, investigates, nor prosecutes inmates, emphasising that its responsibility is to provide safe, secure and humane custody for persons committed to its care by competent courts.

The clarification was provided by the NCoS spokesperson, Chief Superintendent Jane Osuji, in response to concerns about the prolonged detention of awaiting-trial inmates, particularly in cases involving prolonged investigations, missing case files and delayed prosecution.

Osuji explained that the Service can only keep an inmate in custody if there is a valid remand, detention or commitment warrant, or through another lawful court order.

She stressed that the NCoS has no authority to release an inmate without the appropriate legal or judicial directive, even if investigations have been prolonged, a case file is missing, or prosecution has been delayed.

“The Nigerian Correctional Service is not an arresting, investigating or prosecuting agency,” Osuji said, adding that its mandate is to provide safe, secure and humane custody while facilitating the rehabilitation, reformation and reintegration of persons committed to its care.

According to her, the issue of prolonged awaiting-trial detention is a multi-agency matter requiring the coordinated efforts of investigating agencies, prosecuting authorities, the judiciary, legal aid providers and the NCoS.