The Community Court of Justice, ECOWAS on 15 May 2026 delivered its judgment in Case No ECW/CCJ/APP/05/25 brought by a non governmental organisation alleging violations of rights of awaiting-trial inmates in Nigeria’s correctional facilities.
In its judgment, the Court held that the prolonged detention of a substantial number of awaiting-trial inmates and the resulting overcrowded prison conditions in Nigeria’s correctional facilities breached the rights to liberty, dignity, fair hearing, presumption of innocence and the right to be tried within a reasonable time, as well as equality before the law as guaranteed under the African Charter on Human and Peoples’ Rights (ACHPR). It ordered the Respondent State – Nigeria to undertake immediate institutional and corrective measures aimed at addressing the deficiencies within its criminal justice and correctional systems.
Case Background
The Applicant, Centre for Community Law, a non-governmental organisation (NGO) engaged in the promotion and enforcement of Community laws and human rights protections, initiated the action in the public interest, challenging the Respondent State’s practice of prolonged detention of accused persons awaiting trial.
Relying on official statistics published in 2024, the Applicant submitted that out of an inmate population of 79,237 persons, 26,718 were convicted inmates, while 52,519 remained awaiting trial, representing nearly 66 per cent of the prison population. The Applicant further alleged that many detainees were held for bailable offences and remained in detention for periods exceeding the maximum punishment prescribed by law.
Citing updated statistics from an official source indicating further increase, the Applicant in his reply to the Respondent’s statement of defence, argued that custodial facilities were severely overcrowded and that the continued detention of large numbers of awaiting-trial inmates imposed an excessive burden on public resources while depriving society of their economic contribution. It argued that the situation constituted violations of Articles 1, 3, 5, 6, 7, 22, and 26 of the African Charter, as well as other applicable international human rights instruments.
On its part, the Respondent denied all allegations and raised a preliminary objection challenging the legal capacity of the Applicant to initiate the action. It disputed the authenticity of the statistics relied upon by the Applicant and maintained that lawful detention does not amount to a violation of the right to liberty. It further rejected allegations relating to prison overcrowding and economic burden, asserting that the correctional facilities were adequately equipped and provided rehabilitation and reintegration programmes for inmates. Accordingly, the Respondent urged the Court to dismiss the application as speculative, hypothetical, and devoid of merit.
Court Findings
The Court noted that under Article 9(4) of the Supplementary Protocol, it has jurisdiction to determine allegations of human rights violations occurring within Member States. On admissibility, it affirmed the doctrine of actio popularis, recognising the right of individuals and organisations to institute public interest actions on behalf of identifiable groups whose rights are allegedly violated. The Court observed that the Applicant, as a duly registered non-governmental organisation, had established its legal personality and standing to initiate the matter.
On the merits, the Court noted that the Applicant produced credible and corroborated evidence, including official records and public admissions by correctional authorities. The Court further observed that the Respondent failed to rebut the evidence with any credible contrary material. Consequently, the Court noted that the prolonged detention without trial and prison overcrowding violated the rights to liberty, presumption of innocence, unequal treatment before the law, respect for human dignity, and the right to be tried within a reasonable time of the numerous awaiting-trial inmates. It also breached the Respondent’s international obligation to adopt legislative, administrative, and institutional measures necessary to give effect to protected rights.
However, the Court found that the alleged violations of Articles 22 and 26 of the African Charter were not sufficiently established and dismissed those claims.
Court Decision
Consequently, the Court held that the Respondent State violated Articles 1, 3, 5, 6, and 7(1)(b) and (d) of the African Charter through systemic and prolonged pre-trial detention and overcrowded prison conditions.
The Court accordingly:
* Declared that it had jurisdiction over the application;
* Declared the application admissible under the doctrine of actio popularis;
* Held that the prolonged detention of awaiting-trial inmates violated the right to liberty under Article 6 of the African Charter;
* Held that the prolonged detention regime violated the rights to the presumption of innocence and trial within a reasonable time under Article 7 of the Charter;
* Held that overcrowded prison conditions violated the right to dignity guaranteed under Article 5 of the Charter;
* Held that the Respondent failed to fulfil its obligations under Article 1 of the African Charter;
* Dismissed all other claims in whole or in part;
* Directed the Respondent to establish mechanisms for periodic judicial review of cases involving prolonged pre-trial detention;
* Ordered the Respondent to introduce and implement a comprehensive prison decongestion policy, including the adoption of non-custodial measures for minor and bailable offences; and
* Ordered the Respondent, within six months, to submit a detailed compliance report to the Court, including statistical updates on the number of inmates released or tried.
* The Court ordered each party to bear its own costs.
Judicial Panel
The judgment was rendered by a panel comprising:
Hon Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge)
Hon Justice Sengu Mohamed Koroma (Judge Rapporteur)
Hon Justice Edward Amoako Asante (Member)
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