The Law On Time Served: Understanding Nigeria’s Sentencing Clock
Custody, Conviction, and the Clock: A Deep Dive into Sentencing Law
The Problem With Assumptions
WHEN someone is remanded in custody pending trial, the assumption that this period will automatically count toward any potential sentence is widespread but legally flawed. The law protects personal liberty at every stage of the criminal process, but it also differentiates between custody as a precautionary measure and custody as a punitive sanction.
In Nigeria, the moment an accused person is first detained or remanded is a form of administrative restraint — not a punishment. That status continues until determination of guilt by a competent court.
What the Law Actually Says
The core legal rule is straightforward: A sentence begins on the day the court imposes it — unless the judge expressly directs otherwise. This rule emerges from standard principles in criminal procedure, and is designed to ensure that punishment follows conviction, not suspicion.
Two legal bases justify this rule:
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Presumption of Innocence: A foundational constitutional principle; and
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Separation of Investigative Custody From Punitive Custody: The law treats pre-trial detention as part of investigation, not part of penalty.
Where the Misconception Leads People Astray
In many high-profile cases and community conversations, people assume that:
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Arrest = start of sentence
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Remand time = time served
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Payback = reduction of formal sentence
None of these assumptions are automatic. Courts will not assume anything unless the judgment says so.
One lawyer explains: “Absent an explicit order, all the months or years in custody awaiting trial remain what they are: pre-trial detention.” Only explicit judicial language or a statute can fold those months into the punitive phase.
Judicial Discretion: When Credit Is Granted
A judge’s decision to credit pre-trial custody recognizes fairness, not leniency. Among the factors considered are:
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Length of delay before trial (especially where not caused by the accused);
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Conditions of custody;
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Complexity of the case; and
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Whether pre-trial detention can be shown to have effectively served punitive functions.
The judge must write clear, express language in the sentencing order to credit time already spent. Absent that, the law presumes the sentence starts at conviction.
How This Affects Real Freedom
The difference between a sentence starting at conviction versus starting at arrest can mean:
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Years of extra detention,
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Wrongful extension of custody, and
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Significant impact on reintegration and rehabilitation.
For families and communities, misunderstanding the rule can erode hope prematurely or, worse, result in poor legal strategy.
The Take-Home
In Nigeria’s legal architecture, when your sentence starts matters as much as whether you are sentenced at all. Knowledge of this rule shifts the legal conversation from assumption to advocacy, and from fear to strategic defense.
