Critics Claim Prison Pardon and Decongestion Process Lacks Transparency

Fresh questions are being raised about Nigeria’s prison pardon and decon­gestion process following a recent exercise by the Lagos State Judiciary, as lawyers, pris­on reform advocates and criminal justice observers point to missing inmate files, unexplained inclu­sions and exclusions, and allega­tions of irregular influence in a system constitutionally designed to dispense mercy.

The concerns were again brought to the fore on Tuesday during a special decongestion session at the Ogba Magistrates’ Court, where the Chief Judge of Lagos State, Justice Kazeem Olanrewaju Alogba, ordered the release of 18 inmates from vari­ous correctional facilities across the state while denying freedom to several others after reviewing their cases.

Although the exercise was offi­cially described as part of efforts to ease congestion and ensure humane treatment of persons in custody, the proceedings have reignited broader national debate about how inmates are selected for pardon or release, who de­termines eligibility, and why the process remains largely shielded from public scrutiny.

During the Lagos exercise, 14 male and four female inmates drawn from the Borstal Home in Adigbe, the female correctional centre, and medium and maxi­mum security custodial centres were released.

Two Chadian nationals, Musa Abubakar and Yusuf Aliu, were freed but immediately ordered to be deported to Chad.

Addressing the beneficiaries, Justice Alogba warned them against re-offending, describing their release as an opportunity that might not come again.

Some of those freed disclosed that they had spent years in cus­tody, with Abubakar telling the court that he had been detained since 2018 without being taken to trial.

Others admitted to offences ranging from stealing to diver­sion of funds, while several in­mates accused of armed robbery, rape, defilement and unlawful killing were refused release, with the court citing the seriousness of the allegations and the need to protect society.

The Controller of the Nigeria Correctional Service in Lagos State, Mr. Daramola George, dis­closed during the session that custodial centres in the state cur­rently house more than 8,000 in­mates despite having a combined capacity of fewer than 4,000, de­scribing overcrowding as a per­sistent problem that undermines safety and rehabilitation.

While the Lagos exercise was widely welcomed as a necessary intervention, observers say it also reflects deeper systemic is­sues that extend far beyond one state.

Across Nigeria, pardon and decongestion exercises are con­ducted under constitutional pro­visions that empower the Presi­dent and state governors to grant clemency based on recommenda­tions from Advisory Councils on the Prerogative of Mercy.

In addition, state judiciaries periodically organise special court sessions to review cases of inmates who have overstayed in custody, are critically ill, elderly or awaiting trial for minor of­fences.

However, the absence of uni­form criteria and public accessi­ble guidelines has left wide dis­cretion in the hands of officials involved in the process, creating outcomes that vary significantly from one state to another.

Legal practitioners say the lack of standard benchmarks has made the process unpredictable and, in some cases, controversial. In one state, an inmate may be prioritised for release based on health or age, while in another, similar considerations may carry little weight.