BEING ON TRIAL

Fr. Williams Onyilo, CSSp.

An “awaiting trial” (or pre-trial) inmate is a person detained in police custody or a correctional facility who has been accused of a crime but has not yet been convicted or sentenced by a court.

Under Nigerian law, for instance, there are two primary ways an accused person may be classified as awaiting trial:

1.Remand Custody (Awaiting Legal Advice)

This occurs when the police arrest a suspect and present them before a Magistrate Court for a capital offence such as armed robbery, murder, or kidnapping. Since Magistrate Courts lack the jurisdiction to try capital offences, they issue a remand order sending the suspect to a correctional facility. The suspect is then held while the case file is duplicated and forwarded to the State Ministry of Justice for legal advice and eventual transfer to the High Court.

2.Awaiting Trial (Case Already in Court)

This involves defendants whose trials have already commenced in a competent court, such as the High Court or Federal High Court, but are not yet concluded. These inmates attend court hearings while living in correctional facilities. Many remain in this category for months or even years because of systemic challenges such as prolonged adjournments, delayed justice processes, and inability to meet bail conditions or provide the required sureties.

In Nigeria, out of about 80,812 prison inmates, 51,599 are awaiting trial. In France, out of 88,145 inmates, 27,325 are awaiting trial. In the United States, although the exact prison estimate varies, about 420,000 people are reportedly awaiting trial.

In today’s first reading, Paul experiences a situation similar to remand custody. There was no crime for which they could convict him, yet he was transferred from one court to another while remaining under detention. He endured this condition for years. Sadly, many innocent citizens today continue to suffer and even die under similar circumstances.

The question now is: What is the government doing to help? What is the Church doing to help? Are there non-governmental organisations willing to intervene? And what can I do as an individual to support those who have no voice?

Paul and Silas once found themselves in prison, yet they prayed, and the Holy Spirit came to their aid. Today, I pray for all those awaiting trial who have no one to plead their cause, that the Holy Spirit, our Advocate, will speak for them and bring them justice, consolation, and freedom, through Christ our Lord. Amen.