Fundamental Rights, Pre-Trial Detention and Access to Justice in Nigeria: Lessons from a Case Study of Coordinated Criminal Justice

The administration of criminal justice is not only concerned with whether an offence has been committed, but also with ensuring that the process by which that determination is undertaken is structured to safeguard the dignity, liberty and constitutional rights of the individual. This paper examines the relationship between fundamental rights, pre-trial detention and access to justice in Nigeria through a recent case involving six indigent men who were held in custody at Kirikiri Correctional Centre following their arraignment before a Lagos State Magistrates' Court. The Charges against the Five defendants were struck out by the Court following the prosecution's application to discontinue the charge against five of the defendants. while the sixth defendant, who had previously pleaded guilty, remained convicted and sentenced., hence still serving his term at the kirikiri Correctional Centre. The case demonstrates the interrelationship of arrest, prosecution, legal representation, judicial case management and custodial administration and potential consequences of these issues for individuals who lack the resources or requisite knowledge necessary to navigate the legal system. Simultaneously, the case also demonstrates that the Nigerian system is capable of producing justice where legal practitioners, prosecutors, judicial officers and court staff work cooperatively and with a shared commitment to constitutional values and fairness. The paper argues that criticism of the Nigerian criminal justice system should not be relegated to an adversarial contest between legal practitioners and the judiciary. Rather, meaningful reform of the system requires recognition that the various actors responsible for the administration of justice are interconnected components of a single justice system. Furthermore, the paper assesses the role of pro bono legal practice and the corporate social responsibility (CSR) to respect human rights, particularly where vulnerable workers may be exposed to conditions which contribute indirectly to their exposure to the criminal justice system. Drawing on the United Nations Guiding Principles (UNGPs) on Business and Human Rights, we argue that CSR should no longer be perceived through the lens of charity or philanthropy, but must extend to include meaningful consideration of the human rights implications of supply chains and business operations. Finally, the paper proposes a SIX-stage pro bono model to assist law firms, individual practitioners, legal-aid firms and other actors in devising effective pro bono programmes.