THE IMPACT OF PROLONGED AWAITING TRIAL ON THE RIGHTS OF DEFENDANT IN NIGERIA CRIMINAL JUSTICE SYSTEM

Abstract

The study examined the impact of prolonged awaiting trial on the rights of defendants in Nigeria’s criminal justice system. This problem created significant violations of constitutional rights, including the right to liberty, presumption of innocence, and a fair hearing. The research aimed at critically analyzing how extended pre-trial detention undermined defendants’ rights, identifying systemic shortcomings, and proposing reforms to improve justice delivery. A doctrinal research methodology was adopted, relying on primary and secondary sources such as statutory provisions, case law, textbooks, reports, and human rights instruments. Findings revealed that prolonged awaiting trial subjected defendants to overcrowded prisons, psychological trauma, loss of health, and diminished human dignity. It also exposed systemic inefficiencies including prosecutorial delays, unlawful police practices, inadequate legal aid, and judicial congestion. Furthermore, the study established that these delays eroded public trust in the justice system, making pre-trial detention a form of punishment in itself. The study recommended, first, the implementation of strict compliance with the Administration of Criminal Justice Act (ACJA) to ensure speedy trials and limit adjournments.