Judge Blames Prosecutors, Prison Officials For Custodial Congestion

A judge of the Lagos State Special Offences Court in Ikeja, Justice Rahman Oshodi, has blamed prosecutorial inefficiency and non-compliance by custodial authorities with court orders for the persistent congestion in Nigeria’s correctional centres.

Justice Oshodi made the remarks while discharging and acquitting one Ibrahim Usman, who had spent nearly 10 years in custody at the Kirikiri Maximum-Security Custodial Centre without trial over an alleged defilement charge.

Delivering judgment in the case, the judge described the circumstances surrounding Usman’s prolonged detention—since June 14, 2016—as “deeply troubling.”

He noted that although the defendant was arrested in June 2016, formal charges were not filed until March 2017, resulting in a delay of about nine months before prosecution commenced.

Justice Oshodi said the situation worsened when the case was set for arraignment but the custodial centre repeatedly failed to produce the defendant in court, despite multiple warrants issued by the court.

“This pattern persisted from October 2017 to February 2020, even after court orders directing prison officials to present the defendant,” the judge said.

He further disclosed that in February 2020, the case was struck out for lack of diligent prosecution after it was discovered that prosecutors were unaware of the defendant’s whereabouts.

According to him, Usman remained in detention for years at public expense without trial due to institutional lapses across the justice chain.

Justice Oshodi also criticised correctional authorities for calling for prison decongestion while contributing to overcrowding through what he described as negligence and administrative failure.

He added that prison officials kept and fed the defendant for years without verifying the legal basis for his continued detention, describing the development as a serious institutional breakdown.

Even after the matter was reassigned to his court, the defendant was reportedly not produced between December 21, 2023, and January 19, 2024, despite repeated court warrants, until he was eventually brought before the court on March 14, 2024.

Justice Oshodi stressed that courts should not be blamed for custodial congestion, insisting that delays were largely caused by prosecutorial inefficiency and failure of correctional authorities to comply with judicial orders.

He referenced an earlier decision, The State of Lagos v. Olawale Olanrewaju, where he had similarly held correctional authorities responsible for prolonged detention of suspects.

The judge also cited Sections 7 and 10(c) of the Nigerian Correctional Service Act 2019, which mandate custodial authorities to produce inmates in court and support the expeditious administration of justice.

He noted that Lagos State judiciary reforms, including the Lagos Criminal Information System (LCIS), were introduced to prevent defendants from being lost within the justice system. The platform, he said, tracks accused persons from arraignment to judgment and links courts, prosecutors, and correctional facilities in real time.

He further highlighted the Offenders’ Biometrics System (OBS), which captures biometric data prior to arraignment and maintains records of warrants, fingerprints, photographs, case status, and criminal history.

According to him, both systems were designed to ensure accountability and prevent breakdowns in communication between justice sector institutions.

Justice Oshodi warned that prosecutors must file charges promptly while custodial authorities must comply strictly with court orders and routinely verify the legality of ongoing detentions.

Having found that the prosecution failed to prove its case beyond reasonable doubt, the judge discharged and acquitted Usman, ordering his immediate release.

“The defendant is not guilty. I discharge him and order his immediate release from custody,” he ruled.