In Maiduguri, the capital of Borno State, the sound of freedom is often drowned out by the clanging of prison gates. Behind those gates are men and women who, in many cases, have never had their day in court. Prolonged pretrial detention — the practice of holding individuals for months or even years without formal charges or trial — has become a quiet but pressing legal and human rights concern in the city. While the law presumes every person innocent until proven guilty, the lived reality for many detainees tells a different story.

The roots of this problem are entangled in the city’s unique security and legal environment. For over a decade, Maiduguri has been at the epicenter of Nigeria’s fight against insurgency. In the wake of terrorist attacks and mass arrests, thousands of suspects have been detained under security laws designed to protect the public. But these laws, coupled with an overburdened justice system, have led to widespread delays in legal proceedings. Many detainees find themselves in a legal limbo — neither convicted nor acquitted, yet deprived of their liberty.

Borno State’s legal framework, like the rest of Nigeria’s, is anchored in the Constitution, which guarantees the right to personal liberty, fair hearing, and trial within a reasonable time. However, in practice, these protections are often undermined by systemic weaknesses. Shortages of judges, prosecutors, and defence lawyers contribute to severe case backlogs. In Maiduguri’s High Court and Magistrates’ Courts, it is not uncommon for cases to be adjourned repeatedly due to missing witnesses, incomplete investigation reports, or sheer overload of the court schedule.

The consequences for detainees are profound. Many spend years in the overcrowded Maiduguri Maximum Security Prison awaiting trial. Inmates speak of cramped cells, inadequate food, and limited access to medical care. Beyond the physical hardship, there is the psychological toll of uncertainty — the crushing knowledge that their fate is at the mercy of a slow-moving legal machine. Families, too, suffer: breadwinners are absent, children grow up without parental guidance, and livelihoods collapse under the strain.

Legal aid is scarce in Borno State, and for detainees who cannot afford private counsel, the odds of securing timely justice are even slimmer. The Legal Aid Council of Nigeria operates with limited staff and resources, making it difficult to reach every detainee in need. Some rely on volunteer lawyers or civil society groups, but these services are inconsistent. For detainees accused of serious security-related offences, access to legal representation is often further complicated by restricted prison visits and the sensitivity of the charges.

Human rights organizations have raised alarm over these practices, arguing that prolonged detention without trial violates both Nigerian law and international human rights obligations. The African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory, prohibits arbitrary detention and guarantees fair trial rights. Yet in Maiduguri, the gap between legal commitments and actual practice remains stubbornly wide. In some cases, detainees are eventually released without charge, revealing that they may have been held for years without sufficient evidence against them.

The government has made some efforts to address the issue. Special court sittings have been organized to review the cases of detainees, particularly those linked to the insurgency. These mass hearings, conducted in collaboration with the Attorney-General’s office and human rights monitors, have led to the release of hundreds of individuals. However, critics argue that these efforts, while welcome, are ad hoc and fail to address the root causes of delays — namely, inadequate legal infrastructure, insufficient funding for the judiciary, and poor coordination between law enforcement and prosecutors.

Reform advocates in Maiduguri emphasize the need for a multi-pronged approach. Expanding the number of judges and magistrates, improving training for police investigators, and digitizing court records could significantly reduce delays. Strengthening legal aid services, particularly for indigent detainees, would also help ensure that justice is not reserved only for those who can afford it. In addition, greater transparency in arrest and detention records would make it easier for families and lawyers to track cases and prevent suspects from disappearing into the system.

 Hauwa Yahi Migla, Dept of Mass Communication, University of Maiduguri

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