Guidance

Information pack for British nationals arrested or detained in Nigeria

Updated 30 November 2023

Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.  Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.         

This information pack aims to give you, and your family and friends, information about the local system in Nigeria and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Embassy, Consulate or High Commission (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local High Commission in Abuja on: +234 (0) 20 946 231 00 or Lagos on +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782 or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0) 20 7008 5000

In some countries, the authorities might notify the British Embassy, High Commission or Consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made. 

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British Embassies, High Commissions and Consulates overseas.  In Nigeria, we have consular staff working at the British High Commission in Abuja and the British Deputy High Commission in Lagos.

You can contact us:

• telephone: Abuja +234 (0) 20 946 231 00 or Lagos +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782
• online enquiry form: www.gov.uk/contact-consulate-abuja or www.gov.uk/contact-consulate-lagos

You can also write to us at:

British High Commission Abuja
Plot 1137, Diplomatic Drive
Central Business District
Abuja
Nigeria

or

British Deputy High Commission Lagos 
11 Walter Carrington Crescent
Victoria Island
Lagos
Nigeria

Please note access to the consular section is by appointment only. If you need consular assistance, you should telephone us before visiting our offices.  You can contact us by phone 24/7 by calling +234 (0) 20 946 231 00 (Abuja) or +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782 (Lagos).

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0) 20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Nigeria, notification by the authorities to the consulate may not normally take place within 24 hours after arrest. It is therefore important that you try to inform us as soon as possible after your arrest. It is your right to do so.

We can also

• provide a list of local English-speaking lawyers in Nigeria
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available, we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• Get you out of prison or detention
• Help you get special treatment because you are British
• Offer legal advice, start legal proceedings or investigate a crime
• Pay for any costs because you have been arrested
• Forward you packages sent by friends or family
• Prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drug trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Nigeria.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local English-speaking lawyers in Nigeria. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Detention conditions in Nigeria

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Nigeria for the latest information on safety and security, entry requirements and travel warnings.

Family, friends and lawyers are allowed to visit. Visitors must have authorisation from the officer in charge at the prison, who issues permits for such visits upon arrival at the prison.

You are allowed to receive visitors on specific days of the week depending on the prison in which you are being held; weekdays for prisoners awaiting trial and weekends for those who have been convicted.

Visiting hours are 9am to 2pm. You are allowed 3 visitors at the same time during the visit.

What to expect when you visit

Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph. Visitors should expect to undergo a body search before entering the prison.

Visits take place in a communal area and normally last about 15 minutes. They are usually uninterrupted. Visits will be supervised by the officers/guards who are always present, not privately. For lawyers, visits are private but sighted and out of hearing by the officers/guards.

If a family member has travelled from abroad and requires a longer visit, it can be arranged at the discretion of the officer in charge at the prison.

What you can take on your visit

Visitors can bring toiletries, clothing, books and food for you. Visitors are required to taste food before handing food over to you. The officer informs visitors of what items are prohibited like bottled perfumes, bleaching creams and authorised medication. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable. 

You are not allowed to be given cash directly. The cash will be given to the gate officer for submission to the record office. The record officer opens an account for the prisoners, and withdrawals are applied for at intervals not above the authorised amount by the officer charge. The authorised amount varies for different detention facilities.

Visits: consular staff

We visit prisoners according to their individual circumstances. Once we are notified of your arrest, we aim to contact you as soon as possible. How quickly we can contact you will depend on how quickly we can get permission from the Nigerian authorities to speak with you. This has ranged from a couple of days to a couple of weeks. We will do our best to obtain permission quickly. You can help by requesting from the prison officers/official to contact us as soon as possible.

It may be more difficult for us to visit you quickly if you are imprisoned far from Abuja or Lagos.

You can write to us at any time on matters that concern you to

British High Commission Abuja
Plot 1137, Diplomatic Drive
Central Business District
Abuja
Nigeria
Tel: +234 (0) 20 946 231 00

British Deputy High Commission Lagos 
11 Walter Carrington Crescent
Victoria Island
Lagos
Nigeria
Tel: +234 (0)20 12770780 / +234 (0)20 12770781/ +234 (0)20 12770782

If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

It is not possible to make a trip outside of prison if an urgent situation arises, e.g. funerals or a critical illness of a prisoner’s next of kin.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

There are no special provisions for foreign nationals detained by the police in Nigeria, although the Nigeria Prisons Standing Order (Order 157) says that prisoners of foreign nationality shall be allowed reasonable facilities to communicate with diplomatic and consular representatives of their state. This will not necessarily be at the police station but in prison.

It is your right to know the offence you have been committed in a language you understand. You can insist on seeing your legal representation before answering questions/making a statement. If you can’t afford a lawyer, Legal Aid is available but only to indigents in Nigeria, whose income does not exceed the national minimum wage.

The authority that has custody of you shall have the responsibility of notifying your next of kin or relative of your arrest.  

You will be held in police cells immediately after you are arrested. You can only be taken to prison at the judge’s request either on conviction or on remand.

You should have access to food, water and other social amenities under the strict supervision of the Investigating Police Officer (IPO). You can ask to see a doctor if you fall ill.

Your personal belongings at the point of arrest are kept with the Charge Room Officer (CRO), who has the responsibility to ensure that your personal belongings are kept safe and are recorded in the station diary. Your personal belongings should be returned to you on your release. The police will be held liable if your personal belongings are tampered with or missing.

You are allowed to make phone calls in the presence of a police officer. According to section 14 [2] of the Administration of Criminal Justice Act, 2015. ‘’A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for obtaining legal service, access to communication for taking steps to furnish bail, and otherwise making arrangements for his defence or release’’.

There are no limitations or restrictions as to the right to make contact with lawyers and relatives. The only condition is that such calls must be made in the presence of a police officer. However, the police can reasonably deny a suspect communication access for a period of time, where such calls may hamper or jeopardise ongoing investigations.

Appearing at court

You will be taken before the court after the police have finished their investigation. The charge sheet or First Information Report (FIR) will be read to you and you will plead guilty or not guilty.

A court-appointed lawyer will be appointed to represent you, if you cannot afford a lawyer. English is the official language of the court. There are court interpreters to translate for you in the language that you understand. You will be granted bail if the offence is bailable. You will be remanded in prison custody if it is not.

Classification of offences

Felony: any offence which is declared by law to be a felony, or is punishable, without proof of previous conviction, with death or with imprisonment for 3 years or more. 

Misdemeanour: any offence which is declared by law to be a misdemeanour, or is punishable by imprisonment for not less than 6 months, but less than 3 years. 

Simple offences: all offences, other than felonies and misdemeanours. 

In cases where remand is unnecessary, a prisoner’s first court appearance is usually before a Magistrate’s Court for the purpose of arraignment (i.e. asked to enter a plea (guilty or not guilty). Section 211 ACJL Section 271 ACJA. Thereafter, a bail hearing may be held. 

In the case of a capital offence, a detainee may be taken to a Magistrate’s Court for a remand order and/or bail application. At the remand proceeding, the prosecutor requests for the court’s order to remand the individual in prison pending the receipt of legal advice from the Attorney General/commencement of trial. Section 264 ACJL. Section 293 ACJA. 

In certain cases (mostly financial /drug crime charges), prisoners are taken directly to the High Court. 

A prisoner is at liberty to refuse to be tried summarily at the Magistrate’s Court in which case (s)he will be remanded in prison custody and later brought before a High Court. 

Read more information about the Nigeria judicial system

Initial arrival at the prison

There must be a remand or commitment warrant for new prisoner awaiting trial or convicted inmate respectively. Before being handed over, the warrant has to be checked by the officer in charge of the gate. This is to ensure that such warrant has at least the 8 main features of a valid warrant which are:

1. The inmate’s name
2. Charge number
3. Sentence/adjourned dates
4. Offence
5. Judge’s signature
6. Must be made out in Nigeria
7. Special endorsement (optional)
8. Name of the prison
9. Date the sentence was made

On arrival at prison, you will be searched for contraband goods and should then be taken to the records office. Here, you will be registered. Any valuables you have with you like wristwatches, shoes, chains, etc will be bagged and labelled then handed over to the person in charge for safe keeping. Any cash you have with you will also be taken and recorded on the prison form. Forms should be signed by you and the record warder to confirm that all your items are listed.

Within the first 24 hours you should go into the reception board which is headed by the superintendent in charge at the prison. The reception board should inform you of your rights and privileges which may include seeking legal aid, medical aid, being able to practice your faith, to appeal, receive visits and make calls or write letters. The board will also take note of any medical problems you may have, allocate you to a cell and they should check that your property has been properly recorded by reading it out to you for confirmation before the superintendent in charge appends his signature. If you are a convicted prisoner, the board may allocate you to a labour or industry unit.

Prison: conditions and daily life

Accommodation

Prison conditions in Nigeria can be very harsh. Overcrowding is a major problem in Nigerian prisons. Shared cells are available.

Sentenced prisoners and those on remand are held separately. Cells are shared by many and hugely overcrowded. The number of people per room depends on the size of the room and the prison. Men and women are held separately.

Sleeping accommodation is basic and crowded, blankets and mattresses are supplied.

The cells have an outside communal area which prisoners can access freely. There are basic toilets and washing facilities although the standards are not good. Sanitation is very poor. Electricity is erratic (this is a countrywide issue in Nigeria and not just a prison issue).

Food and diet

Prisoners are provided with 3 meals a day. The meals are Nigerian dishes which can be spicy and largely carbohydrates. There is no provision for different dietary needs. Prisoners cannot supplement their diet in prison in order to remain in good health unless they buy food from the prison tuck shop. The shop is not well stocked.

Drinking water is provided (this is not bottled water).

Hygiene

All the bathroom facilities are communal and they are not in a good condition. There are no limits on the number of times prisoners can use them.

Limited supply of toiletries are supplied by the prison authorities. Basic toiletries can be brought in by family and friends. Prisoners are allowed to buy toiletries from the prison shop.

Work and study

Prisoners have access to education with prisons offering basic education skills and vocational training. With the support of NGOs, most prisons have educational facilities from primary school to the tertiary level. The prison offer study tools e.g. textbooks, notebooks, reading materials. In some selected prisons there are National Open University of Nigeria study centres, which are open and free to all interested prisoners.

All prisons have industry sections to teach different trades such as furniture making, shoe making, hair styling/cutting, fashion designing, and laundry, etc. Training and courses are in English.

Contact and languages

Prisoners have contact with one another and are not restricted. No language classes are provided and all prison guards speak English. Local languages are spoken amongst the guards and prisoners. The prisons do not offer language classes.

Ordinarily, cell phones are prohibited in prisons but there is a welfare phone with permission from the officer in charge, you may be allowed to make phone calls. However, internet is not provided. You have access to writing materials.

There are televisions provided in the communal area and a well-stocked library with English books. There are cultural and social activities offered at the prison, including sports. Participating in these activities is seen positively by the prison authorities and reflected accordingly on the prisoner’s prison record.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

Prisoners are permitted to go outdoors. There are exercise facilities in the prison like football, basketball, volleyball and badminton. Regular exercise activities are routinely organised by the prison authorities.

Climate

The climate in Nigeria is very different to that of the UK. It is hot and humid. It has a tropical climate with sunshine throughout the year and average temperatures between 28°C and 35°C. There are two distinct seasons: towards the end of October the dry season (Harmattan) begins and it’s not until April/May that any rain is seen again, marking the start of the rainy season.

Appropriate clothing for the weather are provided to prisoners.

Religion

Prisoners are entitled to take part in religious services of their choice. You have the right to receive visits from a priest, rabbi or minister of your faith. The detention facilities have some religious ministers.

Rules and regulations (including drugs)

Prison rules and regulations are explained to prisoners. Punishment is applied and in the form of missing a meal ration or being locked up in a single cell. For convicts, it is loss of remission. Certain behaviours like insulting or abusing staff is considered very serious. There are no cultural expectation that detainees should know.

For good behaviour by prisoners, there is a reward/ranking system with the possibility to earn privileges.

Prisoners are found using drugs/possesses drugs/selling drugs/receiving drugs, they are punished by missing a meal ration or being locked up in a single cell. If it is a convict, it is loss of remission.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

The prisoners can receive money directly from family members, but this will be deposited with the Records Unit and withdrawal is applied through the Welfare Unit.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular donations from other sources. Prisoners are eligible for 2 of the Prisoners Abroad Funds – the Craig Feehan Fund, and/or the Medical Fund.

Medical and dental treatment

While you are detained, the prison authority is responsible for ensuring your basic medical needs are met.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Prisoners are permitted to receive parcels and there are no set limits to the number of parcels allowed. Parcels and letters may be opened and checked before being passed on. Speak to the prison officers to ask what items are allowed in and how mail should be addressed before asking family and friends to send anything.

Telephone calls

You are permitted to make telephone calls. The officer in charge will inform you of the limit on the number of phone calls per week/per month. Phone calls are not paid for and only local calls allowed. Prisoners are not allowed to have mobile phones. If caught with a mobile phone there is a punishment.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

If a prisoner wants to lodge a complaint through the local system about mistreatment, they need to speak to the prison keeper. 

The Nigerian judicial system

Overview

Nigeria operates a federal political structure under the Constitution of the Federal Republic of Nigeria, (CFRN) 1999. This constitution vests the Legislative, Executive and Judicial powers of the Federal Republic of Nigeria in the National Assembly, the President and the Courts, respectively the Attorney General of the Federation and Minister of Justice is the Chief Law Officer of the Federation. He is the head of the federal Ministry of Justice. Likewise, the Attorneys General of the States have similar powers in respect of Laws enacted by the Houses of Assembly of the States.

The Nigerian Judicial System and the UK Judicial System have some similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representation, interpreter, fair trial and appeal. However, there are fundamental differences. For example, there is no jury system in Nigeria.  In addition, the Nigerian judicial system is extremely backlogged, understaffed and lack of resources mean cases can take far longer than they might in the UK. Prisoners can remain in prison without having been convicted for considerable periods. Multiple adjournments are common in Nigeria court cases.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

What should happen after you are arrested

When a suspect is arrested, whether with or without a warrant, and taken to a police station or any other agency effecting the arrest, the police officer making the arrest or the officer in charge shall take the following record of the suspect arrested:

1. The alleged offence
2. The date and circumstances of his arrest
3. Suspect’s full name, occupation and residential address
4. For the purpose of identification: (i) height, (ii) photograph, (iii) full fingerprint impressions, and any other means of the suspect’s identification

The process of recording the above details shall be concluded within a reasonable time of the arrest of the suspect, but not exceeding 48 hours. Also, where a suspect who is arrested with or without a warrant, volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrievable video compact disc or such other audiovisual means.

Finally, the accused person should be charged to court within a reasonable time like within 24-48 hours, and where it is impracticable to do so, the accused person should be released on bail until such a time stated on the recognizance to appear in court, or at the police station depending on the nature of the offence, and circumstance of the case.

You have the right to be informed of the reason for your arrest/read your rights. You shall be promptly informed of the allegation against you in the language you understand by the police or arresting officer, and you shall be given reasonable facilities for obtaining legal advice, access to communication to facilitate your application for bail, and otherwise make arrangements for your defence or release.

Detainees have the right to make a phone call to speak to a family member/a lawyer. Detainees can inform the authorities at this point that they wish the British High Commission to be informed of their arrest.

The arresting officers cannot compel a detainee to make a statement. It is optional, and therefore only made if the detainee wishes to do so.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers.

How long you can be remanded in custody

When a person who is suspected to have committed an offence or is accused of an offence is arrested or detained, or brought before a court, he shall be entitled to bail, subject to certain conditions depending on the gravity or seriousness of the offence.

An accused person could be remanded in custody for not more than 14 days in the first instance and the case shall be adjourned to a date within the same period.

A detainee will be held in prison custody when an order for remand is made. An accused person could be remanded in prison custody for not more than 14 days in the first instance and an order for remand is dependent on a number of factors including the nature and seriousness of the alleged offence, reasonable grounds to suspect that the suspect has been involved in the commission of the alleged offence, reasonable grounds for believing that the suspect may abscond or commit a further offence where he is not committed to custody, and any other circumstance of the case that justifies the request for remand.

The period of remand may be extended by the judge or magistrate upon an application, and the court may make an order for an extension of the remand of the suspect for a period not exceeding 14 days, and the case shall be adjourned to a date within the same period.

At the end of the day’s proceedings, in compliance with the order made by the judge or magistrate, the detainees will be moved from the court in a black maria (van) with prison officials to the prison.

Prisoners on remand and sentenced prisoners: differences

The sentenced prisoners and the prisoners on remand are kept in the same prison but in different cells. The sentenced prisoners and prisoners on remand have the same rights, which include the right to access to family or relatives i.e to receive visitors and make phone calls from the call centre in the prison, access to a legal practitioner, right to make a complaint where there is a problem, and right to access medical facilities, etc.

After you are charged

In Nigeria, a charge is stated in the English language. However, if a detainee does not understand the language, he can request for a translation of the language through the use of an interpreter.

Where a detainee or accused person believes that the charge is incorrect, the court may permit the alteration or amendment of the charge, or framing of a new charge at any time before judgment is pronounced.

An accused person is required to enter a plea of guilty, not guilty or that he is not liable to be tried for the offence with which he is charged, or that he has obtained a pardon for the offence.

Bail

A detainee always has a right to bail unless the crime carries a punishment of death such as in cases of murder, armed robbery, kidnapping, etc. Section 17 ACJL, Section 30-31 & 158 ACJA, Section 35(4) 1999 Constitution. 

Types of Bail 

Police bail (before trial) Section 17 ACJL, Section 31 ACJA, Section 35(4) 1999 Constitution, Section 27 Police Act. This is usually granted prior to the arraignment of a detainee. Where the offence is not a capital offence, such a person can apply to the police for bail. Conditions may be attached to bail, where necessary, for the individual’s own protection or prevent him from:

• failing to surrender/jumping bail
• offending on bail or
• interfering with prosecution witnesses or otherwise obstructing the course of justice

Where pre-conditions for bail are met, the individual may be released on bail.

Bail by a Court Section 18 ACJL. Section 115 ACJL, Section 158 ACJA 

This is done by making an application to a Court with jurisdiction (at any point in time). Only a High Court can grant bail for capital offences. Section 161 ACJA, Section 115 ACJL. 

If bail is refused at a police station, an application can be made to the court. Section 115 ACJL, Section 158 ACJA. If bail is refused by a lower court, a similar application can be filed at a higher court. Section 119 ACJL, Section 168 ACJA.  

Bail conditions can be varied upon an application to court by the detainee or his counsel. Section 120 ACJL. Section 168 ACJA. 

The court has discretion to impose conditions for bail. Section 165 ACJA. Section 116 ACJL. The conditions may include: 

• living at a particular location
• not contacting certain people
• not engaging in certain acts
• reporting to a police station at agreed times
• deposit his passport to the court so you cannot leave the country
• providing sureties to ensure his appearance
• provision of bail security such as fixed amount of money, landed properties in specific locations

 A court may also order that a surety must be: 

• resident within jurisdiction
• own landed property within jurisdiction
• deposit his title deeds to the property with the court
• swear to an affidavit of means
• deposit his international passport with the court
• of a particular standing/status in society e.g. Civil servant above a particular grade in the Civil Service

If bail conditions are breached, the bail may be revoked and the individual ordered to be remanded in prison. Breach of bail conditions may also impact future bail applications adversely. Section 169, 174, 175 ACJA, Section 125, 126 &127 ACJL. The bail bond/security may also be forfeited. Section 132 ACJL, Section 179 ACJA. 

In considering applications for bail, the court is guided by factors such as:  

• nature of the offence or severity of punishment for the offence
• availability to stand trial
• propensity to commit another offence if admitted on bail
• individual’s criminal history
• safety of the individual
• possibility of interfering with police investigations
• medical or health grounds

For capital offences, special circumstances must be presented in an application for bail. Bail is free subject to the satisfaction of the prescribed conditions on a case-by-case basis. However, it is well known that many detainees have to pay sums of money to secure bail. 

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for a list of English-speaking lawyers. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

If you are engaging the services of a private law firm or lawyer, a request will be made for a deposit on account of their estimated legal fees for taking on the case.

The state bears the costs of representing an accused person or a defendant who is indigent, so it provides free legal representation for such persons through the Legal Aid. However, a defendant who does not qualify for legal aid, or decides to engage his or her own legal practitioner would have to bear all the costs associated with the legal process including the costs of engaging the services of a law firm or lawyer to represent him/her, filing the defence papers, costs of obtaining bail, and engaging an interpreter where necessary, etc.

For indigent persons, the entire costs of legal representation is covered by the LAC.

-The Legal Aid Act 2011 prescribes the scope of matters covered by legal aid as follows:

S/N	CRIMINAL CODE*	PENAL CODE**
1.	Murder of any degree	Culpable homicide punishable with death
2.	Manslaughter	Culpable homicide not punishable with death
3.	Maliciously or wilfully grievous hurt	Wounding or inflicting grievous bodily harm
4.	Assault occasioning actual bodily harm	Criminal force occasioning actual bodily harm
5.	Common Assault
6.	Affray
7.	Stealing
8.	Rape
9.	Armed robbery

*Criminal code offences committed in the southern states of Nigeria

** Penal code offences committed in the northern states of Nigeria

A detainee can apply for legal aid by filling the prescribed form at the Legal Aid Council Office in Abuja or any of its offices in the various states, and submit same for approval.

A detainee can make enquiries for law firms or lawyers who handle cases pro bono and request for consideration for his/her case to be conducted pro bono (i.e. at no cost or without charge). The detainee can also apply to other human rights organisations or non-governmental organisations that offer legal services pro bono.

Trial

When a charge is filed against a defendant, service of the charge should be effected on him within 7 days of filing same, trial should commence 30 days from the date the charge is filed and should be concluded after 180 days of arraignment on the charge. However, in practice, it is common to experience long delays in the judicial process, which may lead to an extension of the prescribed time for conclusion of the entire process.

After the police has presented you before the court for commencement of hearing in respect of the offence allegedly committed, the court could grant bail pending the time the police would conclude their investigation and prefer a charge. When the investigation has been concluded, it is highly likely the police would prefer charges against whosoever they consider liable to answer to the charges.

Under the Nigerian criminal justice system, the procedure after charge has been preferred, the defendant would be brought before a court of law and a formal charge would be read to him/her in an open court. The charge is the statement by the Commissioner of Police or the State of the offence allegedly committed. The defendant would be asked to plead to the charge, that is, he/she would be asked to state whether he is guilty or not guilty.

After the plea has been taken, the defence counsel can then move the bail application asking the court to admit the defendant to bail pending the conclusion of trial in liberal terms. The court would usually demand for sureties who would give undertaking to produce the defendant in court on each trial day. The court has the discretion to impose the bail conditions it deems fit relative to the circumstances of the case.

During the trial of the case, the Commissioner of Police or the State, acting through the prosecution, would start by calling their witnesses to give evidence to establish that the defendant committed the offence charged. The defendant would be given the opportunity to cross-examine the prosecution witnesses through their respective counsel to discredit and dispute the evidence presented before the court. After the close of the case of the prosecution, the defendant would be called upon to defend the case by calling his witnesses to establish that he did not commit the offence charged.

A defendant who feels the prosecution after presenting his evidence did not place sufficient evidence before the court to connect him to the case can make a ‘no case submission’ before presenting his defence. If the no case submission succeeds, such a defendant would be discharged and acquitted by the court without further participation in the case. If the no case submission fails, then he would be called upon to enter his defence by calling evidence to prove that he did not commit the offence.

The defendant has the liberty to call as many witnesses as he knows will disprove the evidence of the prosecution. He will examine his witnesses in chief and tender evidence to exonerate himself from the charge. The prosecution has the right to cross examine the defence witnesses and the defence has the right to re-examine the witnesses.

After both the prosecution and the defendant have closed their respective evidence, the court would call on their lawyers to address the court and state why the case should succeed or fail to succeed.

When the case for both sides is closed, the court shall deliver its verdict and for this purpose may retire or adjourn the trial. After the court has made its finding, the court shall pronounce that finding in the open court. The judge or magistrate shall record his verdict in writing and every judgment shall contain the point or points for determination, the decision and the reasons for the decision and shall be dated and signed by the judge or magistrate at the time of pronouncing it. The magistrate, instead of writing the judgment, may record briefly in the book his decision or finding and his reason for the decision or finding, and then deliver an oral judgment.

Where the court finds the defendant not guilty, it shall immediately discharge him and record an order of discharge and acquittal accordingly. Where the finding is guilty, the convict shall, where he has not previously called any witness to character, be asked whether he wishes to call any witness and, after the witness, if any, has been heard, he shall be asked whether he desires to make any statement or produce any necessary evidence or information in mitigation of punishment in accordance with Section 311 (3) of the ACJA. After the defendant has made his statement, if any, in mitigation of punishment, the prosecution shall, unless such evidence has already been given, produce evidence of any previous conviction of the defendant, and the court will announce the sentence of the defendant in open court.  

The court may pass sentence on the convict or adjourn to consider and determine the sentence and shall then announce the sentence in open court. In pronouncing a sentence, the court shall give consideration to the following (a) the objectives of sentencing, including the principles of reformation and deterrence; (b) the interest of the victim, the convict and the community; (c) appropriateness of non-custodial sentence or treatment in lieu of imprisonment; (d) previous conviction of the convict, etc.

A court, after conviction, shall take all necessary aggravating and mitigating evidence or information in respect of each convict that may guide it in deciding the nature and extent of sentence to pass on the convict in each particular case, even though the convicts were charged and tried together.

The trial is structured, as follows:

1. Arraignment
2. Plea
3. Bail
4. Trial
5. Verdict
6. Sentence

Sentences

The following are the types of penalties handed down:

1. Death
2. Imprisonment
3. Payment of a fine
4. Compensation to a victim/award of damages
5. Detention in safe custody or suitable place other than a prison or mental health asylum
6. Probation order or non-custodial alternatives
7. Confinement in rehabilitation and correctional centres
8. Deportation
9. Community service

If the defendant is a foreigner and convicted of an offence punishable by imprisonment without the option of a fine, the court may in addition to or instead of any other punishment make a recommendation to the Minister of Interior (“the Minister”) that the convict be deported, where it appears to the court to be in the interest of peace, order and good governance. This presupposes that where the offence has the option of a fine, the court may make an order for the defendant to pay the fine.

Where a recommendation for deportation of a defendant has been made to the Minister, such defendant may remain in lawful custody pending the decision of the Minister. If approved, the Minister shall make an order of deportation and issue a written order directing that the defendant should be deported to his/her country.

However, where the Minister decides that no order of deportation shall be made, he shall inform the court, and the court shall then proceed to make such order of imprisonment or other punishment as may be authorised by law.

It is the judge that will make recommendations for deportation of a defendant to the Minister, and the Minister decides to either approve same or reject the recommendation.

Appeals

If you have been acquitted or an order of dismissal made by a magistrate court, the prosecutor may appeal to the High Court from such acquittal or dismissal on the ground that it is erroneous in law or that the proceedings or any part thereof were in excess of the jurisdiction of the magistrate court. Similarly, you may also appeal a verdict of conviction where there are reasons to challenge the decision.

An appeal shall be commenced by the appellant by giving notice of appeal (“notice”) to the registrar of the magistrate court and such notice shall be signed by the appellant. Similarly, an appeal may be filed against the Judgment of the High Court to the Court of Appeal where there are reasons to believe that the decision is erroneous, and therefore should be reviewed by the Court of Appeal, and if necessary, a further appeal to the Supreme Court.

At the Magistrate court, the notice of appeal shall be filed before the expiration of the 30th day after the day on which the court made the decision appealed against. While to appeal against the decision of the High Court in a criminal matter to the Court of Appeal, the appeal should be filed ninety (90) days from the date of the decision appealed against. However, in the Nigeria judicial system, the law allows parties to bring an application for extension of time within which to appeal, where a party is out of the time.

There is provision for original judgement to be reviewed. Where new evidence comes to light which shows that the convict could not have committed the offence for which he was charged and convicted, the defence counsel can apply before the trial judge to have the case re-opened and the judgment will be reviewed vis a vis the new pieces of evidence. Where the new pieces of evidence emerged while the case is on appeal, the appellate court has the power, under the Rules of court, to review the evidence and deliver judgment based on the totality of the evidence presented before the court.

There are several reasons that could constitute a ground of appeal including these listed below:

1. That the lower court has no jurisdiction in the case
2. That the lower court has exceeded its jurisdiction in the case
3. That the decision has been obtained by fraud
4. That the case has already been heard or tried and decided by or forms the subject of a hearing or trial pending before a competent court
5. That admissible evidence has been rejected, or inadmissible evidence has been admitted by the lower court and that in the latter case, there is no sufficient admissible evidence to sustain the decision after rejecting such inadmissible evidence
6. That the decision is unreasonable or cannot be supported having regard to the evidence
7. That the decision is erroneous in point of law, or mixed law and fact
8. That the sentence passed on conviction is excessive or in-adequate, unless the sentence is one fixed by law

The prosecution has a right to appeal the judgment of a court if they disagree with the judgment for various reasons such as error in law or error in both law and the facts, and it is common practice in our legal system.

Reaching the end of your sentence

Reduction of sentence (remission)

In exercising its discretion of sentencing or review of sentence, the court shall take into consideration the following factors:

1. Each case shall be treated on its own merit
2. The objectives of sentencing, including the principles of reformation, shall be borne in mind in sentencing a convict
3. An appeal court may, in a proper case, reduce the sentence imposed by the trial court, especially where it is excessive or based on wrong principles, or an appeal court may increase the sentence imposed by the trial court especially where it is inadequate
4. A trial court shall not pass the maximum sentence on a first offender
5. The period spent in prison custody awaiting or undergoing trial shall be considered and computed in sentencing a convict
6. A trial court shall conduct an inquiry into the convict’s antecedents before sentencing
7. A defendant may not be given consecutive sentences for two or more offences committed in the same transaction
8. An appeal court may not increase the sentence of a lower court beyond the maximum number of years the lower court has power to impose
9. Sentencing to a term of imprisonment shall apply only to those offenders who should be isolated from society and with whom other forms of punishment have failed or is likely to fail

For a Probation Order, where a defendant is charged before a court with an offence punishable by law and the court thinks that although the charge is proved, it is of the opinion that having regard to:

1. The character, antecedents, age, health, or mental condition of the defendant charged
2. The trivial nature of the offence
3. The extenuating circumstances under which the offence was committed, it is inexpedient to inflict a punishment or any order than a nominal punishment or that it is expedient to release the defendant on probation, the court may, without proceeding to conviction, make a probation order
4. Where a probation order is made, the court may prescribe certain conditions including that the defendant should be under the supervision of a probation officer, the defendant enters into a recognizance with respect to residence, abstention from intoxicating substance and any other matter as the court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences.
5. Furthermore, the court may impose other conditions including the fact that the defendant will be of good behaviour, that he is required to appear before the court at any time during such period not exceeding three (3) years as may be specified in the order, that he pays such damages for injury or compensation for any loss suffered by a person by reason of the conduct or omission of the defendant, and to pay such costs of the proceedings as the court thinks reasonable
6. The Act provides that the parent or guardian of the defendant will be required to pay the damages and costs where the defendant has not attained the age of 18 years and it appears to the court that the parent or guardian of the defendant has condoned to the commission of the offence

Early release

In Nigeria legal system, there is a provision for early release or parole for prisoners who are sentenced to at least 15 years and above, up to Life Imprisonment. Where the Comptroller-General of Prisons makes a report to the court recommending that a prisoner sentenced in this category and serving his sentence in prison is of good behaviour, and has served at least one-third of his prison term, the court may, after hearing the prosecution and the prisoner or his legal representative, order that the remaining term of his imprisonment be suspended, with or without conditions, as the court considers fit, and the prisoner shall be released from prison.

A prisoner released on parole shall undergo a rehabilitation programme in a government facility or any other appropriate facility to enable him to be properly reintegrated to the society.  

Clemency or pardon

The President and the state Governors also have the power to pardon convicts who are serving terms of imprisonment. This exercise of state pardon usually occurs during the independence anniversary of the country.

You should talk to your lawyer if you wish to consider applying for a pardon.

Financial penalties

The court will make an order for the payment of a fine where the offence recommends the payment of fine as a penalty for commission of the offence. In certain circumstances, the court may also order the payment of compensation or an award of damages for injury suffered by a victim by reason of the conduct or omission of the defendant.

Transfer to another prison within Nigeria

A transfer of a prisoner can be done from one prison to another within Nigeria. However, it is not common practice to transfer a prisoner from one prison to another.

Transfer to a prison in the UK

A Prisoner Transfer Agreement was signed between the Federal Republic of Nigeria and the United Kingdom on 9 January 2014. The Agreement will allow Nigerians who commit crimes in the United Kingdom, and British nationals who commit crimes in Nigeria, to serve their sentences in their own country, where they can be properly prepared for release into the community in which they will live following their release.

Release and deportation

After serving the sentence and/or paying a fine for the criminal offence you are ordinarily deported or removed to your country of origin. Air fares are paid by yourself. The High Commission may need to provide assistance on your release: for example, ensuring you have a passport or Emergency Travel Document to enable you to travel to the UK. You should expect to cover the cost of a travel document if this is needed.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell your consular caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays and Tuesdays 9:30am to 6pm (UK time)

Wednesdays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Annex

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

FCDO guidance: Instruction for money transfer through the FCDO

https://www.gov.uk/government/publications/nigeria-prisoner-pack/annex-1-instruction-for-money-transfer-through-fcdo

List of English-Speaking Lawyers

https://www.gov.uk/government/publications/nigeria-list-of-lawyers  

Prisoners Abroad Forms

https://www.prisonersabroad.org.uk/arrest-and-imprisonment