Nidiye Garba, a prosecuting counsel in the Ministry of Justice, Gombe State, holds a deep-rooted belief in the importance of upholding justice and ensuring that criminals face the consequences of their actions. This often put him at odds with the administration of criminal justice in Nigeria, which is plagued by corruption and inefficiency.

“The administration of criminal justice itself is faulty, with Nigerian prisons and police cells daily becoming congested with an influx of accused persons or suspects awaiting trial or those whose matters are still being investigated by the men of Nigeria police. Once there’s no synergy between the actors, it becomes difficult to do the work effectively. I think this is a general problem that needs to be looked at holistically to checkmate the menace often encountered in the administration of the criminal justice system,” he explains. 

The Nigerian criminal justice system faces numerous challenges, ranging from poor handling and inhuman treatment of suspects, proxy arrests, onerous and practically impossible bail conditions, delayed prosecution of cases (blamed on courts, prosecutors, and defense counsel), poor living conditions for prisoners, to corrupt practices by law enforcement officers, magistrates, judges, and lawyers.

Thousands of Nigerians are languishing in prison without any attempt to hear their cases, a clear violation of their fundamental rights. There is a significant gap between the number of convicted persons and those awaiting trial, revealing the abysmally slow pace of justice.  A 2021 report by Dataphyte indicated that 7 out of 10 inmates were awaiting trial, with prisons overcrowded by 37%. This situation is confirmed by the Nigeria Correctional Service (NCS). Earlier in the year, the spokesman Abubakar Umar told the press that they are taking steps to address the issue of overcrowding.

“Currently, we are building mega-custodial centres with a capacity of 3,000 inmates in each of the six geopolitical zones.

“The facility in the North-West zone has already been opened and is operational. The others will follow shortly,” Umar explains.

Worried by the anomalies, Garba refused to overlook the injustices that pervaded the system. He had always known that standing up for justice would come with challenges, but nothing could have prepared him for the ultimate test of his principles.

He recalled a kidnapping case he once handled, where the defendant’s relatives pressured him—offering bribes on one hand and threatening him on the other.

As a state counsel, Garba is responsible for presenting cases against individuals suspected of violating the law and initiating or directing further criminal investigations.

But he was not one to be swayed by such temptations. When the defendant’s relatives approached him, offering a bribe  of N5 million in exchange for dropping the case, Garba knew he had to make a difficult decision. He could have taken the bribe and walked away, but his conscience would never allow him to betray his principles.

“I remember a kidnapping case I handled, where the relatives of the defendant confronted and asked me to name my price so the kidnapper could walk free. I went to the office and reported the situation to my superiors, requesting to be taken off the case due to the pressure. However, they insisted that I continue. The defendant’s lawyers sought bail, and I vehemently opposed it and refused the bribe,” Garba recalls.

Despite the threats and intimidation he faced, Garba stood his ground. He also recalled an incident where he received a call from a higher authority instructing him to act contrary to the law.

“I made it clear that I was content with my role as a prosecuting counsel and had no interest in bribery or corruption. Once you are in this position, any high court judge becomes your boss. You could receive calls from above to go in a direction that contradicts the law. When you refuse, they label you as stubborn and place a spotlight on you,” he says.

He also recalls a case where an accused person who had committed a capital offense appeared in court twice and then disappeared. The court sent a production warrant to the prison to produce him for trial. A hearing notice was sent up to six times, only for Garba to find out the accused person was no longer in the custody of the Nigerian Correctional Service (NCS).

“As the prosecuting counsel, the judge ordered me to write directly to the prison to enquire about the accused’s whereabouts. I did, and I even visited the prison twice. Their excuse was that they don’t accept underage offenders, implying that the accused was a minor, which wasn’t true. The file recorded his age as 17, but the man who appeared in court was clearly an adult. The judge became frustrated and ordered that the case file be returned to the Chief Justice of Nigeria (CJN) for reassignment. If the person had been released on bail, we should have been provided with his bail bond, but no such document existed in the file,” Garba explains.

It is imperative to add that according to the NCS 2019 Acts, Section 17(1) states that correctional authorities in Nigeria are duly bound to produce accused persons under their custody to the court upon receipt of the production warrant. The act in Section 35(1-3) did note that “young offenders shall not be kept in adult custidial facilities,” but at a borstal traning institituon for juvenile offenders. 

Barrister Lah Jacob Jonah, who has worked with Garba for several years, refers to him as someone who can be relied on.

“He is my colleague in the office. He is dedicated to his work and is someone you can depend on. He defends the public interest,” Jonah says. 

Jonah nominated Garba for the Accountability Lab Nigeria’s Integrity Icon Awards, praising him as humble, simple, and bold.

Garba expresses his readiness to continue his crusade for integrity and transparency in the public sector.

This report is championed by Accountability Lab Nigeria and sponsored by the John D. and Catherine D. MacArthur Foundation and Luminate.