Cell, Custody, Corrections: Nigeria’s Detention Chain Explained
Power, Process, and Custody: Why the Police Cannot Jail You
The Authority Question
NIGERIA’S detention system operates through a defined chain of authority, but public perception often collapses this structure into a single, frightening word: prison. This misperception, lawyers argue, feeds distrust and misunderstanding of the justice process.
Under Nigerian law, policing and corrections are separate constitutional functions. The police investigate, detain temporarily, and prosecute—but do not punish through imprisonment. Punishment is the exclusive domain of the judiciary.
Inside the Police Cell
A police cell is a temporary detention space used while investigations continue or until arraignment. It does not signify conviction or sentencing.
In Abuja, former Director of Public Prosecutions, Nasir Salihu, explains: “The police cannot wake up and decide to move someone to a correctional centre. They lack that legal power. They may detain you in a cell, but they cannot imprison you. Imprisonment starts only when a court issues a custody warrant.”
Corrections Begins Where Policing Ends
A correctional centre is where judicial sentences are served, or where remanded suspects are held pending trial under a judge’s warrant. Once custody is ordered by the court, the Nigerian Correctional Service assumes full control.
Salihu adds that this distinction is essential in assessing abuses. “When the public believes the police can send people to prison, it creates a false perception of limitless police authority. That is not the law. The law puts that power in only one place—the courts.”
Awaiting Trial or Serving Time: Not the Same
Many Nigerians are shocked to learn that correctional centres also house awaiting-trial inmates, a category legally held under remand orders, not conviction. Their custody reflects legal process, not guilt.
Why Misusing These Terms Is Harmful
Experts say casual interchange of terms:
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Misstates police authority
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Inflames public fear
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Weakens legal literacy
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Enables impersonation scams
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Undermines due process understanding
