Behind bars without trial: The legal struggle over prolonged detention in Maiduguri

By: Hauwa Yahi Migla

In Maiduguri, the capital of Borno State, the sound of freedom is often drowned out by the clanging of prison gates. Behind those gates are men and women who, in many cases, have never had their day in court. Prolonged pretrial detention — the practice of holding individuals for months or even years without formal charges or trial — has become a quiet but pressing legal and human rights concern in the city. While the law presumes every person innocent until proven guilty, the reality for many detainees tells a different story.

The roots of this problem are entangled in the city’s unique security and legal environment. For over a decade, Maiduguri has been at the epicenter of Nigeria’s fight against insurgency. In the wake of terrorist attacks and mass arrests, thousands of suspects have been detained under the laws designed to protect the public. But these laws, coupled with an overburdened justice system, have led to widespread delays in legal proceedings. Many detainees find themselves in a legal limbo — neither convicted nor acquitted, yet deprived of their liberty.

The consequences for detainees are profound. Many spend years in the overcrowded Maiduguri Maximum Security Prison awaiting trial. Inmates speak of cramped cells, inadequate food, and limited access to medical care. Beyond the physical hardship, there is the psychological toll of uncertainty — the crushing knowledge that their fate is at the mercy of a slow-moving legal machine. Families, too, suffer: breadwinners are absent, children grow up without parental guidance, and livelihoods collapse under the strain.

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The government has made some efforts to address the Issue. Special court sittings have been organized to review the cases of detainees, particularly those linked to insurgency. These mass hearings, conducted in collaboration with the Attorney-General’s office and human rights monitors, have led to the release of hundreds of individuals. However, critics argued that these efforts, while welcome, are ad hoc and fail to address the root causes of delays — namely, inadequate legal infrastructure, insufficient funding for the judiciary, and poor coordination between law enforcement and prosecutors.

Ultimately, the fight against prolonged pretrial detention in Maiduguri is a fight for the credibility of the justice system itself. A system that holds individuals indefinitely without trial undermines public trust, fuels resentment, and erodes the very rule of law it is meant to uphold. For a city that has endured so much in the struggle for peace and security, true justice will only be achieved when the rights enshrined in the Constitution are not just words on paper, but lived realities for all.

Hauwa Yahi Migla is a 300 level student of the Department of Mass Communication, University of Maiduguri.