APPRAISING THE LEGAL FRAMEWORKS TO CHALLENGE OF UNLAWFUL DETENTION IN NIGERIA: LEGAL FRAMEWORKS, SYSTEMIC CHALLENGES, AND REFORM IMPERATIVES

Abstract

Unlawful detention constitutes a grave violation of constitutional rights in Nigeria and undermines the legitimacy of its criminal justice system. Despite legal safeguards embedded in the 1999 Constitution, the Administration of Criminal Justice Act 2015, and the Nigeria Police Act 2020, pre-trial detention without charge, arbitrary arrests, and abuse of remand proceedings remain rampant. This article critically examined the legal, institutional, and socio-economic factors enabling unlawful detention, including the persistent misuse of holding charges, systemic police misconduct, lack of legal representation, and infrastructural deficiencies within Nigeria’s judicial and custodial systems. Through doctrinal analysis and relevant case law, the paper exposed how these challenges erode the right to liberty and fair trial, particularly for indigent and marginalized populations. The study concluded by offering comprehensive recommendations aimed at legislative reform, institutional restructuring, and enhanced legal aid provision. It advocated for a rights-based approach to criminal justice in line with Nigeria’s domestic obligations and international 
human rights norms.