Victims Should Be Compensated For Wrongful Detention – SAN
A Senior Advocate of Nigeria, Dr. Monday Ubani, has called for compensation for individuals wrongfully detained without trial, stressing the need for the Nigerian legal system to hold authorities accountable for prolonged incarcerations.
Ubani emphasised that individuals who are detained without trial for over a month or two should be released, and damages should be paid for their wrongful detention.
“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.
He shared examples of cases where detainees had spent years in correctional facilities without being charged.
One case involved a man who had been detained for eight years without trial before Ubani successfully secured his release.
Ubani recounted, “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.
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“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.”
Ubani criticised the legal system for allowing such prolonged detentions, pointing out that many detainees are held for years without facing charges, a clear violation of fundamental rights.
Another case involved a man who spent seven years in custody without trial.
Ubani also addressed the failure of magistrates to review cases properly 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.
Ubani vowed to continue his work advocating for reforms in the country’s correctional system.
He stressed the need for a legal framework that ensures no individual is held without trial and that justice is upheld.
Unani said, “Right now, our correctional centres are not correcting anything. More people await trial than those actually convicted.”
He also expressed his concern over the state of Nigeria’s correctional system, which he said is not fulfilling its purpose.
Ubani called for immediate legal reforms to prevent the wrongful detention of individuals, stating that 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 trials.
“We will continue doing what we have been known for—helping those who have been abandoned by the system,” he added.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
