Pre-Trial Diversion as A Strategy for Reducing Awaiting-Trial Inmates in Nigeria

Abstract

Nigeria's correctional facilities are severely overcrowded, with a substantial proportion of inmates awaiting trial for prolonged periods despite the constitutional presumption of innocence. This paper examines pre-trial diversion as a strategy for reducing the population of awaiting-trial inmates in Nigeria. It investigates the legal and institutional causes of prolonged pre-trial detention and evaluates the potential of diversionary mechanisms to resolve suitable criminal cases outside the formal adjudicatory process. The study adopts a doctrinal research methodology, relying on the analysis of primary legal materials, including the Constitution of the Federal Republic of Nigeria 1999 and the Administration of Criminal Justice Act 2015, as well as relevant case law, academic literature, and policy documents. Restorative justice and procedural justice theories provide the theoretical framework for the study. The findings reveal that although existing legal mechanisms such as police bail, prosecutorial discretion, and plea bargaining create opportunities for diversion, Nigeria lacks a comprehensive statutory framework regulating pre-trial mediation. Comparative experiences from the United Kingdom, the United States, and Croatia demonstrate the effectiveness of structured diversion programmes in reducing unnecessary detention and promoting restorative outcomes. The paper identifies challenges including corruption risks, institutional capacity constraints, inadequate safeguards for victims, and the absence of clear regulatory guidelines. It recommends legislative amendments to establish a statutory diversion framework, institutional guidelines for implementation, specialised training, and pilot programmes. Properly regulated pre-trial criminal mediation offers a viable mechanism for reducing awaiting-trial populations and improving criminal justice administration in Nigeria.