THE FORGOTTEN ONES: EXAMINING THE NECESSITY FOR THE PROTECTION OF INMATES’ RIGHTS UNDER THE LAW

Abstract

This article examines the legal, constitutional, and human rights imperatives for protecting inmates’ rights in Nigeria. The paper interrogates the doctrinal basis of inmates’ rights under the 1999 Constitution, international human rights law, and the Nigerian Correctional Service Act 2019. It assesses the extent to which current custodial practices comply with standards relating to dignity, healthcare, fair trial, and non-discrimination; identifies systemic challenges, including overcrowding, inadequate healthcare, prolonged pre-trial detention, and the lack of effective remedies; and proposes legal and institutional reforms to ensure that incarceration does not result in the forfeiture of fundamental human rights. The study adopts both doctrinal and socio-legal research methodologies. It reviews inmates’ rights, the constitutional and international legal frameworks, custodial realities, human rights violations, accountability mechanisms, and reform initiatives. The paper finds that although Nigerian law recognizes that inmates retain all rights except those necessarily restricted by lawful detention, custodial practice often treats imprisonment as a form of civil death. The article recommends the full operationalization of the Nigerian Correctional Service Act 2019 through the enforcement of standards on rehabilitation, healthcare, and the separation of persons awaiting trial from convicted inmates. Implementing these measures will reaffirm the principle that inmates remain holders of fundamental rights rather than “the forgotten ones” and will align Nigeria’s custodial system with its constitutional and international human rights obligations.