AFTER 2 YEARS AND 9 MONTHS IN PRETRIAL DETENTION, WADI NADA FINALLY GETS ACCESS TO JUSTICE
By virtue of Section 36(5) of the Constitution of the Federal Republic of Nigeria, any person who is charged with a criminal offence is deemed innocent until proven guilty by a court of competent jurisdiction, also the Law has made it clear that a defendant whose case is before a court is entitled to bail pending the judgment of the court. Despite this provision of the law, many Nigerians still languish behind bars and are referred to as ‘pretrial detainees’.
This scenario played out in the case of Wadi Nada, who was arrested and charged alongside two other defendants in May 2022 and since then has been on remand at the Suleja Custodial Centre. Due to financial constraints, Wadi could not afford to pay a lawyer to defend him in Court, his family also made attempts to get him out of custody, but unfortunately it seemed like the odds were never in his favour as no progress was made in his case.
Days turned into weeks, weeks turned into months and eventually months turned into years. Wadi never imagined that he would be at the mercies of the Nigerian Criminal Justice system. At a time when it seemed like all hope was lost, luck finally smiled at him as PPDC visited Suleja Custodial Centre in September 2024 to conduct its routine client interview and fortunately, Wadi was one of the detainees interviewed on that fateful day. His case was swiftly assigned to PPDC’s pro bono lawyer June Idang Etim, and immediately, she took up the case with diligence and utmost dedication.
His bail application was filed in court on 19th December 2024 and it came up for hearing on 15th January 2025. On the said date, the Court didn’t hear the bail application noting that it wasn’t ripe yet to moved and further adjourned it to a later date. On 3rd February 2025, the matter came up again, but this time the Correctional Service failed to produce Wadi in Court. These challenges did not deter PPDC’s pro bono lawyer, because we are determined to ensure that access to justice is available to not just Wadi but also every other pretrial detainee whose spirit has been crushed by the system.
The case came up again on 3rd March 2025, and this time around the odds were in Wadi’s favour. The bail application was moved and was graciously granted by the erudite Judge. The Court ordered that Wadi be released from the Suleja Custodial Centre. Our lawyer ensured that all necessary bail bonds were perfected, and on 6th March 2025, the custodial centre gates were opened and Wadi was for the first time after 2 years and 9 months in detention allowed to walk out freely without any restrictions.
Wadi has reunited with his family, his case is still ongoing in Court and he would henceforth attend his trial from his home. The disadvantages of pretrial detention clearly outweighs any advantages. The fact that Nigeria’s custodial centres are overcrowded poses a big challenge in our criminal justice system. If detainees who are entitled to bail are allowed to attend their trial from their home pending the decision of the Court, the outrageous high number of pretrial detainees will drastically reduce.
Written by Onyeka Cynthia Oduye
Program Officer, Access To Justice