Lawyers argue for damages for wrongful imprisonment

Human Legal advocates have called on the federal government to include compensation for wrongfully imprisoned persons in Nigeria’s criminal justice system.

The human rights lawyers argued that including such a provision would help deter unlawful convictions and protect innocent Nigerians from unjust prison sentences.

According to statistics from the Nigerian Correctional Service, 56,757 of the 84,011 prisoners (male and female combined) are still awaiting trial.

In percentage terms, only 32 percent of prisoners have been convicted, leaving 68 percent yet to be tried.

Human rights lawyer Victor Opatola called the lack of a legal framework a major obstacle to determining compensation for wrongful imprisonment.

However, he stated that compensating individuals for wrongful imprisonment would encourage law enforcement agencies to be more thorough in their investigations and discourage the abuse of the justice system for personal revenge.

Opatola explained: “If a state imprisons an individual, and it turns out to be a wrongful conviction, requiring the state to pay substantial compensation would ultimately lead them to scrutinize their trials more carefully.”

Additionally, Opatola recommended that individuals who have spent years in prison awaiting trial for crimes they did not commit may consider filing a charge of malicious prosecution, a lesser-known option in Nigeria.

Also speaking, one of the key partners of Malachy Odo & Partners, Mr. Malachy Odo, added that compensating wrongly imprisoned persons was critical to addressing the injustices they have suffered.

“Some of these prisoners have been proven innocent, and the Nigerian government should take the issue of compensation seriously.

“In other countries, the state compensates individuals for wrongful imprisonment, recognizing that years spent behind bars cannot be returned,” he added.