PRESUMED GUILTY: THE LEGAL AND ETHICAL CASE AGAINST PUBLICISING MUGSHOTS BEFORE TRIAL IN NIGERIA

Abstract

The practice of publicising arrest photographs, commonly referred to as mugshots, before a suspect has been tried and convicted, raises profound questions about the integrity of criminal justice systems. In Nigeria, this practice has become a disturbingly routine. Law enforcement agencies, particularly the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force, regularly release images of arrested suspects to the media and on official social media platforms, often accompanied by narratives of guilt. This article examines the legal and ethical foundations upon which such practice must be interrogated. Drawing on the constitutional guarantee of the presumption of innocence under section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), as well as provisions of the Nigerian Data Protection Act 2023, the African Charter on Human and Peoples' Rights, and established jurisprudence from common law and international human rights bodies, the article argues that the routine publicization of mugshots before conviction constitutes a violation of the right to a fair hearing, an erosion of the presumption of innocence, and a form of reputational harm with no legitimate justification in a rights-respecting legal order. The article further proposes institutional and legislative reforms to address the problem.