Police sergeant regains freedom after 11 years without trial

After 11 years of incarceration without trial, Sergeant Emmanuel Uyanweke, a police officer once attached to the Ojo division in Lagos State was discharged on October 24, 2024.

His release followed a successful intervention by the Foundation for Public Interest Law and Development (FPIL&D), which brought his case to the Lagos State High Court.

Hon. Justice Ibironke Harrison, presiding at the Tafawa Balewa Square complex, dismissed the case against Uyanweke due to a lack of diligent prosecution.

His counsel, Yusuf Nurudeen, who also serves as the Executive Director of FPIL&D, explained Uyanweke’s prolonged detention and the lack of substantial evidence presented by the prosecution.

Uyanweke’s ordeal began on August 18, 2013, when he was arrested for allegedly causing the death of one Adams Bello in Okokomaiko, Lagos.

The officer was initially held without charge until March 2015, when he was formally remanded by a Magistrate Court in Ebute Meta.

Three years later, in February 2018, he was arraigned on a single count of involuntary manslaughter before Hon. Justice Akintoye.

Throughout Uyanweke’s eleven-year confinement, however, the prosecution failed to produce any of the ten witnesses listed in the case.

Nurudeen argued that this prolonged failure to provide evidence denied his client justice, leading to the discharge order.

Nurudeen argued in court that Uyanweke’s prolonged detention was unlawful, citing Sections 35(4) and 36(4) of the Constitution and Section 232 of the Lagos State Administration of Criminal Justice Law (amended 2021).

He urged the court to dismiss the charges due to lack of diligent prosecution and to release the accused.

The prosecution counsel, I.A. Erikitola, acknowledged that their witnesses were unavailable and deferred to the court’s discretion.

Justice Harrison agreed with the defence’s arguments, subsequently dismissing the manslaughter charge and ordering Uyanweke’s release.

Commenting on the decision, Yusuf stated, “Uyanweke’s case underscores the need for diligent prosecution and critical reforms to prevent prolonged detentions without trial.”

He added that his organisation, The Pro Bono Centre, would continue advocating for judicial and human rights reforms, offering legal support to underserved individuals by connecting them with volunteer lawyers for pro bono services.

Meanwhile, in November last year, the FPIL&D also secured the release of Enejo Gabriel, who had been held for a decade, and earlier in 2023, facilitated the release of Muideen Bilau, who had spent nine years in the Kirikiri Medium Correctional Centre.

Detention without trial in Nigeria

Incarceration without trial is a pervasive issue in Nigeria’s justice system, with over 69% of the country’s prison population awaiting trial.

This is largely due to the practice of “holding charge,” where individuals are arraigned before lower courts without jurisdiction, only to be remanded in prison custody pending investigation completion.

The Nigerian Constitution guarantees the right to liberty, but the police and the Nigeria Correctional Service often flout this rule, leading to prolonged detention without trial.

Factors contributing to this issue include poor investigation methods, lack of access to legal advice, and corruption.

The consequences of incarceration without trial are severe. Overcrowding in prisons leads to poor living conditions and health risks.

Detainees suffer loss of livelihood and separation from families, and trust in the justice system erodes.

Efforts to address this issue include the Administration of Criminal Justice Act (2015), aimed at reducing prolonged detention.

However, more needs to be done to protect Nigerian citizens’ rights and ensure justice is served.

Reforms such as improved investigation techniques, increased access to legal aid, and anti-corruption measures are essential to address this systemic problem and uphold the rule of law.

For Diaspora Digital Media Updates click on Whatsapp, or Telegram. For eyewitness accounts/ reports/ articles, write to: citizenreports@diasporadigitalmedia.com. Follow us on X (Fomerly Twitter) or Facebook