A Senior Advocate of Nigeria Dr. Monday Ubani, has called for compensation for individuals wrongfully detained without trial, insisting that Nigeria’s legal system must hold authorities accountable for prolonged incarceration.
“If someone is detained and the authorities cannot initiate a trial within a month or two, then the person should be released. Damages should also be paid for the wrongful detention,” Ubani stated.
Ubani, who is the Principal Partner at Ubani & Co., during at recent interview lamented that many detainees spend years in correctional centres without ever being charged to court, calling it a grave violation of fundamental rights.
Ubani shared cases that highlight the severity of the issue, including one where he secured the release of a man who had been in detention for eight years without trial.
“When I filed for enforcement of his rights, the Ministry of Justice claimed his file was with the police. The Commissioner of Police said they had sent it to the Directorate of Public Prosecution. It was a cycle of blame,” Ubani recounted.
“I told the court that wherever the file was, the fact remained that this man had not been charged for eight years, yet he remained in detention. The court ordered his immediate release,” he said.
Another case involved a man who spent seven years in custody without trial. Ubani noted that many detainees in Nigeria’s correctional centres are still awaiting trial, a situation he described as completely unacceptable.
Ubani criticized the legal system for allowing these injustices to persist, pointing out instances where magistrates fail to properly review cases before issuing remand orders.
“In one case, a judge asked me to go back to the magistrate who gave the remand order, but he dismissed the case. We had to re-file it in another court before securing the person’s freedom,” he said.
Umahi rules out compensation for bare land owners Despite these obstacles, Ubani vowed to continue his pro bono legal services, working with Dr. Uju Agomoh of the Prisoners Rehabilitation & Welfare Action, to advocate for reforms in Nigeria’s correctional system.
The senior lawyer further condemned the current state of Nigeria’s correctional system, stating that it does not serve its intended purpose.
“Right now, our correctional centres are not correcting anything. More people await trial than those actually convicted,” he said.
Ubani insisted that the system must prioritize justice, fairness, and accountability, calling for urgent legal reforms to ensure that no Nigerian remains in detention without trial.
“The law presumes everyone innocent until proven guilty. A prison sentence should only come after conviction, not before trial,” he said.
Ubani urged lawmakers, judges, and the executive to take immediate action against wrongful detentions.
“There must be a stronger legal framework to prevent innocent people, or even guilty ones, from spending years behind bars without trial,” he said.
He assured that his firm would not relent in defending the rights of wrongly incarcerated Nigerians.
“We will continue doing what we have been known for—helping those who have been abandoned by the system,” he added.
(C) PUNCH
