Arrested or in prison in Nigeria
This guide provides information about being arrested in Nigeria and what conditions are like in prison there.
Contacting the British High Commission
The British High Commission in Nigeria can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer.
Family and friends can contact:
- the British High Commission in Nigeria
- the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British High Commission Abuja
Plot 1137, Diplomatic Drive
Central Business District
Abuja, Nigeria
Telephone: +234 02 09 462 3100
British Deputy High Commission Lagos
11 Walter Carrington Crescent
Victoria Island
Lagos, Nigeria
Telephone: +234 02 01 270 0780 / 0781 / 0782
Finding a lawyer and translator
You should carefully consider getting a local Nigeria lawyer. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Nigeria).
Private lawyers
Check the list of local English-speaking lawyers if you want to appoint a private lawyer. Ask the British High Commission/Deputy High Commission if you need a paper copy.
Private lawyers in Nigeria commonly require an advance payment or retainer before accepting instructions. Trial-related expenses may include legal fees, court fees, witness expenses, document procurement costs, and, where necessary, interpretation or translation costs.
Parties are generally responsible for their own legal and court-related expenses during proceedings.
Following judgment, the court may order the unsuccessful party to pay some or all of the successful party’s costs, although such awards are made at the discretion of the court.
Legal aid
Legal aid is available in Nigeria through the Legal Aid Council of Nigeria (LACON). Foreign nationals may be eligible for legal aid on the same basis as Nigerian citizens, subject to the nature of the case and an assessment of their financial means. Eligibility is generally determined by the Legal Aid Council, and assistance is usually reserved for individuals who are unable to afford legal representation.
Legal aid generally covers legal advice and representation in eligible criminal and certain civil matters. Applications may be made through Legal Aid Council offices, detention facilities, prisons, courts, NGOs, law clinics or pro bono lawyers. Where legal aid is unavailable, detainees may seek assistance from private lawyers, pro bono legal practitioners, NGOs, university law clinics and other access-to-justice organisations.
Court-appointed lawyers
If you do not appoint a private lawyer you can ask for a court-appointed lawyer.
A detainee who is dissatisfied with a court-appointed or legal aid lawyer may request a change of representation through the Legal Aid Council or the court, although approval is not automatic and will depend on the circumstances.
A detainee may also engage a private lawyer at their own expense.
Legal aid provided through the Legal Aid Council is generally free for eligible indigent persons and is not normally repayable solely because the defendant is convicted. Likewise, an acquitted defendant would not ordinarily be required to pay for legal aid services received.
Finding an interpreter or translator
You might need an interpreter to help you communicate with your lawyer or at your trial, or for prison visits.
Do not sign any documents unless you understand them.
Most court proceedings are conducted in English, Nigeria’s official language. Courts commonly provide interpreters for Nigerian languages such as Hausa, Yoruba, Igbo, Pidgin English, and other local languages where required. However, interpreters for foreign nationals who do not speak English may not be available.
What happens when you’re arrested in Nigeria
You can be arrested and taken to a local police station:
- because of an existing arrest warrant
- where there are grounds for issuing an arrest warrant
- if you’re caught in the act of performing a crime
- if it’s expected you’ll leave the country to escape justice
- your identity cannot be confirmed
The police must tell you in English (or a language you understand):
- why you’ve been arrested
- that initial proceedings against you have started
- your rights
Do not sign any documents unless you understand them. You must be given an interpreter if you ask for one.
Your rights
You have the right to:
- remain silent
- refuse to cooperate in the proceedings
- appoint a defence lawyer of your choice or ask for the help of a duty defence lawyer
- ask for an interpreter
- tell your next-of-kin you’ve been arrested
- tell the British embassy or consulate you’ve been arrested
Following arrest, you will normally be held in a police cell pending investigation or a court appearance and should have access to basic necessities, including food, water, and medical care. If your rights are not respected, you should inform your lawyer, and contact British embassy or consulate.
How long you can be held for
A person arrested in Nigeria should normally be brought before a court within 24 hours, or within 48 hours where a court is not reasonably accessible. Detention beyond this period generally requires judicial authorisation. In cases involving serious offences, such as terrorism or other complex criminal investigations, a court may authorise continued detention through a remand order while investigations are ongoing.
Personal belongings
Following arrest, the police may take possession of a detainee’s personal belongings for safekeeping or evidential purposes. Detainees should request a receipt or inventory of any items taken and retain a copy where possible.
Going to court
You must be taken to court within 24 hours from when you’re arrested. In court, the examining judge will discuss your case with you. They’ll decide if you’ll:
- be placed on remand to wait for your trial
- have to pay a fine
- be released without charge
You must be brought before a court within 24 hours of your arrest, or within 48 hours where a court is not reasonably accessible. At your first court appearance, you will be informed of the charges against you in a language you understand. If necessary, a qualified interpreter will be provided free of charge. The court will confirm whether you have legal representation and may facilitate access to legal aid where appropriate.
Depending on the nature of the offence, you may be asked to enter a plea. The judge will then consider the circumstances of the case and decide whether you should:
- be released without charge
- be granted bail, with or without conditions or
- be remanded in custody pending further investigation or trial
If the case is not concluded at the first hearing, the court will set a date for a future hearing.
Being put on remand
You may be put on remand if you’re strongly suspected of committing an offence. This means you’ll be put in prison while you wait for the criminal investigation and trial to finish.
If remanded in custody, a detainee will normally be transferred from police custody to a Nigerian correctional centre and held as an awaiting-trial inmate. Remand prisoners should, where possible, be held separately from convicted prisoners, although both groups may be accommodated within the same facility.
How long you can be on remand for
The length of remand varies depending on the circumstances of the case and may be extended by the court where legally justified. Access to lawyers and family visits is generally permitted, subject to prison regulations and security requirements.
Bail
Bail in Nigeria may be granted by the police during an investigation or by a court after a person has been charged. The decision depends on factors such as the seriousness of the offence, whether the offence is bailable, and the risk of absconding or interfering with the investigation.
Foreign nationals may be granted bail, although the court may consider the likelihood of them leaving Nigeria. Bail conditions may include providing a surety, reporting regularly to the authorities, residing at a specified address, travel restrictions, or surrendering a passport. Failure to comply with bail conditions may result in bail being revoked and the defendant being returned to custody.
The embassy or consulate cannot transfer bail funds for you.
Arriving at prison
When a person is transferred to a correctional centre (prison) in Nigeria, they are normally received by prison staff and registered as an inmate. They may initially be held in a reception or holding area while admission procedures are completed.
New arrivals are usually searched, their personal details recorded, and their personal belongings inventoried and stored for safekeeping where necessary.
Access to telephone calls is subject to prison regulations and the facilities available at the correctional centre. There is no automatic right to a free telephone call, and any communication arrangements may vary between establishments.
Prisoners are generally permitted to communicate with their lawyers and receive visits from family members, subject to prison rules and security requirements.
Families are not always notified automatically by prison authorities. Prisoners are generally encouraged to inform their next-of-kin, lawyer, or embassy of their location where possible.
Tell the prison staff if you want the British embassy or consulate to know you’re in prison.
Personal belongings
When a prisoner arrives at a correctional centre, personal belongings are normally searched, recorded and stored by prison authorities for safekeeping. Prisoners should ask for an inventory or receipt of any property taken into custody where this is provided.
Prisoners are generally issued with prison clothing or are required to comply with prison regulations regarding dress. The ability to keep and wear personal clothing may vary depending on the correctional centre and the prisoner’s status.
Your prison cell
Most Nigerian prisons use shared cells or dormitory-style accommodation rather than single cells. Overcrowding is a well-documented issue in many correctional centres, particularly due to the large number of remand prisoners.
Sleeping conditions vary between facilities. Prisoners may sleep on beds, bunks, mattresses, or, in overcrowded facilities, on mats or the floor. Bedding and blankets are usually basic. Most cells have some natural light and ventilation, although conditions can vary significantly between prisons.
Cells generally have access to basic sanitation facilities, although standards vary. Access to toilets, water, electricity and washing facilities depends on the prison and available resources. Conditions may be basic and can be affected by overcrowding.
Remand prisoners are legally separate from convicted prisoners and should, where possible, be accommodated separately. However, both groups may be held within the same correctional centre, and the extent of separation can vary depending on space and local arrangements.
Medical check-up
On arrival at a Nigerian correctional centre, a prisoner will normally undergo admission procedures and may receive an initial health assessment where facilities permit. Prisoners should inform prison staff immediately of any medical conditions, prescribed medication, allergies, or other healthcare needs. Any medication requirements should be brought to the attention of the prison authorities as early as possible to ensure appropriate medical care can be arranged
Contact the British embassy or consulate if you need help getting your medical notes from the UK.
Rights and responsibilities in prison
Prisoners in Nigeria are normally informed of prison rules and procedures upon admission. Failure to comply with prison regulations may result in disciplinary measures, including the loss of privileges. Serious misconduct, such as violence, threats, possession of prohibited items, or attempts to escape, is treated particularly seriously. Prisoners are expected to behave respectfully towards staff and fellow inmates. Depending on the facility, good behaviour and participation in prison programmes may result in additional privileges or benefits.
Visits from family or friends
Prisoners in Nigeria are generally allowed to receive visits from family members, friends, lawyers, and consular officials, subject to the rules and security requirements of the individual correctional centre. Visiting arrangements can vary between prisons.
You or your family or friends can ask your lawyer, or the prison directly, about the rules.
How many visits you’re allowed
The frequency and duration of visits, as well as the number of visitors permitted, vary between correctional centres. Visits are generally allowed on designated days and times, and visitor numbers may be limited. Visiting arrangements are subject to prison regulations and may be affected by security or operational requirements.
Arranging visits
Visitors should contact the prison directly or seek advice from the prisoner’s lawyer regarding local visiting arrangements. Advance notice, registration, and approval from prison authorities may be required. Visits may occasionally be delayed, shortened, or cancelled due to security or operational reasons, although special arrangements may sometimes be considered for visitors travelling long distances.
Both remand prisoners and sentenced prisoners are generally entitled to receive visits from family members and legal representatives, subject to prison regulations.
Remand prisoners should also have access to their lawyers to help prepare their defence.
During the visit
Visitors must present valid identification and may be searched before entering the prison. Visits usually take place in designated visiting areas and may be supervised by prison staff. The duration and arrangements for visits vary between correctional centres and are subject to local prison regulations and security requirements.
What visitors can take with them
Visitors may be allowed to bring approved items for prisoners, such as clothing, toiletries, reading materials, and, where permitted, food. All items are subject to inspection by prison authorities. Prohibited items, including mobile phones, weapons, drugs, alcohol, and other unauthorised articles, are not allowed and may be confiscated.
Visits from British embassy or consulate staff
We visit prisoners according to their individual circumstances. Once we are notified of your arrest or detention, we will aim to contact you as soon as possible. The timing of our first contact will depend on how quickly we receive permission from the Nigerian authorities to speak with or visit you. In the past, this has ranged from a few days to several weeks. We will make every effort to obtain permission as quickly as possible.
You can help by asking the prison authorities to notify the British High Commission or British Deputy High Commission as soon as possible after your arrest.
Please note that it may take longer for us to visit you if you are being held in a prison located far from Abuja or Lagos.
You can write to us at any time about issues you’re concerned about. If it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.
British High Commission Abuja
Plot 1137, Diplomatic Drive
Central Business District
Abuja, Nigeria
Tel: +234 02 09 462 3100
British Deputy High Commission Lagos
11 Walter Carrington Crescent
Victoria Island
Lagos, Nigeria
Tel: +234 02 01 270 0780 / 0781 / 0782
Money
The British embassy or consulate does not provide financial assistance to prisoners.
Money transfers from family or friends
Family or friends can send you money by bank transfer. They cannot send you cash in the post. Ask the prison authorities for the bank account information for your family or friends to use.
Prison accounts
Prisoners in Nigeria may be allowed to receive funds from family or friends, which are generally held by the correctional centre and used to purchase approved items such as food, toiletries and writing materials. Arrangements for prison accounts and spending money vary between facilities and are subject to local prison regulations. Prisoners should seek guidance from prison authorities on the rules applicable at their correctional centre.
How to make a complaint about mistreatment
The British High Commission and Deputy High Commission can help if you have been mistreated or abused. The High Commission staff will take all complaints seriously. Tell them first if you decide to make a complaint. The High Commission staff will seek your permission before taking any action.
Your investigation and trial in Nigeria
Nigeria operates an adversarial legal system, similar to that used in the United Kingdom. Criminal cases are heard by judges, and there are no jury trials. The prosecution is responsible for presenting evidence against the accused, while the defence has the opportunity to challenge that evidence and present its own case.
Nigeria has both Federal and State courts, and the court that hears a case depends on the nature and seriousness of the offence. More serious offences are usually heard in the High Courts, while less serious offences may be heard in Magistrates’ Courts.
An accused person may enter a plea of ‘guilty’ or ‘not guilty’.
The main stages of a criminal case are:
- arrest and investigation
- first court appearance
- charge and plea
- bail or remand decision
- trial
- verdict
- sentencing (if convicted)
- appeal (where applicable)
Delays in criminal proceedings can occur, particularly in complex cases, and it is not uncommon for cases to take months or longer to reach conclusion. Overcrowding in prisons is partly attributed to the number of awaiting-trial inmates.
The British High Commission in Abuja or the Deputy High Commission in Lagos cannot interfere with the Nigerian judicial system. It cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.
Choice of court
The type of court your case will be heard in normally depends on how serious the alleged offences are:
- Magistrates’ Courts generally deal with less serious offences
- High Courts hear more serious criminal matters
- certain specialist courts may hear specific categories of offences
Your lawyer will be able to advise which court is hearing your case.
Completion of investigations
After arrest, the police investigate the allegations. This may involve:
- taking statements from the accused and witnesses
- collecting evidence
- obtaining expert reports where required
- preparing case files and investigative reports
Once investigators believe there is sufficient evidence, charges may be filed and the matter brought before a court. If insufficient evidence exists, the case may be discontinued.
Bill of indictment
If your case goes to trial you will be given the ‘bill of indictment’ (Charge Sheet / Indictment). It will say:
- what you’re accused of
- which laws may have been broken
- what the evidence is
Start of your trial
At the beginning of proceedings:
- the charges are read out
- the accused will enter a plea
- the court will consider any preliminary applications
- bail may be reviewed if required
If the accused does not understand English, the court should provide an interpreter free of charge.
Taking evidence
During the trial:
- the prosecution presents its evidence and witnesses
- witnesses may be examined and cross-examined
- the defence may challenge the prosecution’s evidence
- the defence may call its own witnesses and present evidence
Both sides can make legal submissions to the court.
Examination of evidence
The judge considers all evidence and legal arguments presented during the proceedings before determining whether the prosecution has proved the case beyond reasonable doubt.
Verdict
After reviewing the evidence, the judge will deliver a verdict. If you are found not guilty, you will normally be acquitted and released. If you are found guilty, the court will proceed to sentencing.
Sentences
If you’re found guilty you’ll be given a sentence. Your sentence will depend on how serious the crime is. Your lawyer can tell you what or how long your sentence might be.
Sentences can include:
- time in prison
- fines
- a suspended sentence (a punishment outside prison during which you might need to meet certain conditions, for example do unpaid work, or you will be sent to prison)
Foreign nationals are not automatically deported upon release. Immigration authorities will consider their status and may commence separate immigration or deportation proceedings where appropriate.
Making an appeal
A convicted person generally has the right to appeal against conviction, sentence, errors of law or procedure and findings that are alleged to be unsupported by the evidence.
The prosecution may also appeal certain decisions where permitted by law.
When you can appeal
Appeals must be lodged within the time limits prescribed by Nigerian law. The applicable deadline depends on the type of case and court involved. You should seek legal advice promptly to avoid missing any filing deadlines.
How to appeal
An appeal is generally initiated by filing a notice of appeal through the appropriate court, usually with the assistance of a lawyer.
What happens when you appeal
The appellate court will:
- review the trial record
- consider legal arguments from both parties
- hear submissions from the prosecution and defence
- deliver its decision
At the end of the appeal
The appeal court may:
- dismiss the appeal and uphold the conviction or sentence
- reduce or vary the sentence
- quash the conviction
- order a retrial in appropriate circumstances
Further appeals may be possible to higher courts depending on the nature of the case and the court that delivered the original judgment.
Prison conditions in Nigeria
Prison conditions in Nigeria vary considerably between correctional centres. Facilities differ according to their age, size, location and resources. Overcrowding remains a significant challenge across many prisons, particularly because a large proportion of inmates are awaiting trial. Overcrowding can place pressure on accommodation, healthcare, sanitation and food provision. Despite these challenges, many correctional centres provide educational, vocational, religious and rehabilitation programmes in line with the Nigerian Correctional Service’s rehabilitation mandate.
Most correctional centres have basic facilities such as healthcare services, exercise areas, vocational training programmes and religious activities, although the quality and availability of these services vary between establishments.
Letters and packages
Prisoners are generally allowed to send and receive letters, subject to prison regulations and security checks. Procedures vary between prisons.
When sending mail, family and friends should normally include:
- the prisoner’s full name
- prison number (if known)
- name and address of the correctional centre
- the sender’s return address
The number of letters and packages allowed may depend on the rules of the individual prison.
Receiving packages
Prisoners are permitted to receive parcels and there are no set limits to the number of parcels allowed. Parcels and letters may be opened and inspected by prison authorities for security reasons.
Prohibited items will not be accepted as security restrictions apply. Speak to the prison officers to know what items are allowed.
Prisoners should check local prison rules before asking family members to send items.
Telephone calls
You are permitted to make telephone calls; however, access to telephones varies between correctional centres. Prison staff will advise you of any limits on the number of calls you may make each week or month. Calls are generally limited to local numbers and are provided through authorised prison channels. Mobile phones are not permitted in prison, and prisoners found in possession of one may face disciplinary action. Telephone calls may be monitored or supervised by the prison authorities.
Video calls
Video calling facilities are not generally available across the Nigerian prison system.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in Nigeria.
Healthcare services are available within the Nigerian correctional system, although standards and resources vary considerably between facilities. Overcrowding and limited resources can affect access to healthcare in some prisons.
Prisoners may receive a health assessment when they arrive and should immediately inform prison staff of any medical conditions, prescribed medication, allergies, or mental health concerns.
If medical treatment is required, prisoners should notify prison staff and follow the prison’s healthcare procedures. Access to treatment depends on the seriousness of the condition and the resources available at the prison.
Basic medical care and medication are generally available, although access to specialist medicines and treatments may be limited. Where necessary, prisoners may be referred to an external hospital or specialist medical facility.
Dental treatment and eye care, including access to glasses, may be available depending on local arrangements and available resources.
Private healthcare is not generally available in Nigerian prisons, and any specialist treatment outside the prison requires approval from the relevant authorities.
If you become ill while in prison, you should inform prison staff as soon as possible and request medical attention.
treatment for existing conditions
Prisoners should inform prison staff immediately of any existing medical conditions, prescribed medication, allergies, disabilities, or mental health concerns upon arrival. Where possible, prisoners should provide details of any medication they are taking. If a condition cannot be adequately treated within the prison, transfer to an external hospital may be arranged, subject to approval by the prison authorities
The British embassy or consulate can try to make sure the prison knows about any medical or dental issues you have if you want it to. We can also talk to your UK GP to help get your medical records sent to the prison.
Drug and alcohol addiction
The Nigerian Correctional Service places emphasis on rehabilitation and reintegration programmes, and some correctional centres offer counselling, rehabilitation, and support programmes for prisoners with substance misuse issues. Availability varies between facilities. Prisoners who require assistance should discuss this with prison medical staff or prison authorities.
Mental health care
Prisoners experiencing mental health difficulties, including depression, anxiety, or other psychological conditions, should inform prison staff or medical personnel as soon as possible. Access to mental health services varies between correctional centres and may be affected by available resources. Where specialist assessment or treatment is required, referral to an external hospital or mental health facility may be considered. Healthcare services in Nigerian prisons remain affected by resource constraints and overcrowding in some facilities.
Talk to the prison psychologist or doctor as soon as possible if you feel you need treatment for your mental health. For example, you have depression or anxiety.
The prison may be able to make recommendations about adjustments for psychological issues.
Emergency trips outside prison
Trips outside of prison for emergencies such as the funeral or critical illness of a close relative is not routinely granted and is subject to the discretion of the prison and relevant authorities. Requests are considered on a case-by-case basis and would normally require compelling humanitarian grounds. A prisoner wishing to make such a request should apply through the prison authorities, usually with supporting evidence of the emergency. There is no guarantee that permission will be granted.
Food and diet
Prisoners are generally provided with three meals a day, although the quality and quantity of food can vary between facilities. Meals typically consist of local staples such as rice, beans, yam, bread and soup, with limited protein. Clean drinking water should be available, although conditions vary between facilities. Family members may often provide additional food, subject to prison rules.
Special diets
Special diets for medical or religious reasons may be considered, but availability depends on the facility’s resources. Prisoners with medical conditions or specific dietary requirements should inform prison staff as soon as possible.
Prison shop
There are prison shops and many correctional centres have arrangements allowing prisoners to purchase approved items. Items available may include additional food/snacks, toiletries, writing materials, basic personal items. Availability varies between correctional centres and local rules determine when purchases can be made.
Showers and hygiene
Prisoners generally have access to washing and bathing facilities, although the frequency and quality vary between correctional centres. Shower and toilet facilities are usually communal. Conditions may be basic and can be affected by overcrowding.
Basic toiletries may be provided, but prisoners often rely on family support or purchases within the correctional centres to obtain additional items. Toiletries may be available for purchase where prison shop facilities exist.
Work and study
Prisoners may have opportunities to work while in custody. Work is generally linked to rehabilitation and vocational training programmes. Activities may include farming, tailoring, carpentry, welding, crafts, cleaning, catering, and other vocational projects.
The Nigerian Correctional Service provides educational and vocational training opportunities, including partnerships with educational institutions such as the National Open University of Nigeria.
Books, languages, activities and study
Prisoners have contact with one another and are not restricted. No language classes are provided, and all prison guards speak English. Local languages are spoken amongst the guards and prisoners. The prisons do not offer language classes.
Ordinarily, cell phones are prohibited in prisons but there is a welfare phone with permission from the officer in charge, you may be allowed to make phone calls. However, internet is not provided.
Some correctional centres have libraries or reading facilities, although stock and quality vary considerably. English-language books are generally available There are cultural and social activities offered at the prison including sports. Participating in these activities is seen positively by the prison authorities and reflected accordingly on the prisoner’s prison record.
Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.
Courses and study
Nigerian correctional centres offer educational, vocational and rehabilitation programmes designed to help prisoners develop skills and prepare for reintegration into society. Opportunities may include literacy classes, vocational training and, in some cases, formal education through partnerships with institutions such as the National Open University of Nigeria.
Study materials and classes may be available depending on the facility. Prisoners may be able to work towards qualifications while in custody. As English is the official language of Nigeria and is widely used in correctional centres, English-speaking prisoners are unlikely to face significant language barriers. Distance or correspondence study may be possible, subject to prison regulations and approval by the authorities.
Exercise
Prisoners are generally allowed time outside their cells each day, subject to prison routines and security requirements.
Exercise facilities vary between correctional centres but may include outdoor exercise areas, sports grounds and recreational spaces. Some correctional centres organise sporting and recreational activities as part of rehabilitation programmes.
Clothing
Prisoners are normally provided with basic prison clothing or uniforms in accordance with prison regulations.
The use of personal clothing is subject to local prison rules and may be restricted. Family and friends may, in some cases, be permitted to provide approved clothing. Certain items of clothing may be prohibited for security reasons. Access to additional clothing depends on the prison’s facilities and regulations.
Religion
Prisoners are generally free to practise their religion while in custody. Religious services are commonly available, and prisoners may request visits from recognised religious leaders, priests, pastors, imams or ministers of their faith, subject to prison regulations. Religious literature, including holy books, is generally permitted. Many correctional centres support religious activities as part of their rehabilitation programmes.
Mobile phones
Mobile phones are not permitted in Nigerian correctional centres. If a prisoner is found in possession of an unauthorised mobile phone, it may be confiscated and the prisoner may face disciplinary action, including the loss of privileges or other sanctions under prison regulations. Prisoners are expected to communicate through authorised channels provided by the correctional centre.
Transferring to another prison
Transferring to a prison in the UK
The United Kingdom and Nigeria signed an Agreement on the Transfer of Sentenced Persons on 9 January 2014. Prisoner Transfer Agreement was intended to allow eligible British nationals serving sentences in Nigeria, and Nigerian nationals serving sentences in the UK, to serve the remainder of their sentences in their home country. However, the agreement was reported as not being in force at the time of publication, and there is limited public evidence of transfers having taken place under it. Prisoners interested in a transfer should seek advice from the relevant prison authorities, their legal representative,
You may be able to apply to transfer to a prison in the UK.
Transferring to a prison in Nigeria
Prisoners in Nigeria may be transferred between correctional centres for administrative, security, medical, or operational reasons. A prisoner may also request a transfer by applying through the prison authorities, although approval is at the discretion of the Nigerian Correctional Service and is not guaranteed.
Early release
You can sometimes have your sentence reduced, or have your sentence reduced, depending on the circumstances of the case and your behaviour while in custody.
Reduction of sentence (remission)
Prisoners may be eligible for a reduction in sentence (remission), for good conduct and compliance with prison regulations. Participation in rehabilitation, educational, vocational, or other approved programmes may also be taken into account by prison authorities. The availability and extent of remission depend on the nature of the sentence and applicable laws and regulations.
Clemency or pardon
Nigeria’s Constitution gives the President (for federal offences) and State Governors (for state offences) the power to grant:
- pardons (full or conditional)
- clemency
- reprieves
- respite of punishment
- commutation (reduction) of sentences
These powers are exercised relatively rarely and normally after consideration by the appropriate advisory bodies and government authorities. A prisoner, lawyer, family member, or representative may submit a petition requesting clemency or a pardon through the relevant authorities. Each application is considered on its individual merits and there is no guarantee of success.
Release and deportation
You can contact the British embassy or consulate if you need help when you’re released. You will usually be deported.
Deportation
Foreign nationals who have committed criminal offences in Nigeria may be subject to immigration proceedings upon completion of their sentence. Whether a person is deported depends on the circumstances of the case, their immigration status, and decisions taken by the Nigerian immigration authorities.
Long-term residents are not automatically permitted to remain in Nigeria after serving a sentence. Immigration authorities may review each case individually. Deportation decisions may sometimes be challenged through legal channels with the assistance of a lawyer.
Where deportation is being arranged, the prisoner may remain in the custody of immigration authorities until travel documents and travel arrangements have been completed. The length of detention varies depending on the complexity of the case and the availability of travel documentation.
Flights to the UK
You or your family/friends are generally responsible for arranging and funding your own travel following release from prison. Where deportation has been ordered, the Nigerian authorities may coordinate the removal process.
Getting a passport
Make sure your British passport is still in date. Contact the British High Commission/British Deputy High Commission before you’re released if you need an emergency passport for your journey home.
Help when you are in the UK
After serving the sentence and/or paying a fine for the criminal offence you are ordinarily deported or removed to your country of origin. Air fares are paid by yourself. The High Commission may need to provide assistance on your release: for example, ensuring you have a passport or Emergency Travel Document to enable you to travel to the UK. You should expect to cover the cost of a travel document if this is needed.
Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.
If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell your consular caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:
- advice on finding emergency accommodation in the London area
- claiming welfare benefits, including emergency benefit payments if you are destitute
- making appointments with doctors and dentists
- putting you in touch with local agencies if you are not returning to the London area
Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.
Other sources of practical help back in the UK are:
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm
Your criminal record in the UK
We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.
Additional information
Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:
- your rights as a prisoner
- issues that may affect you such as health or transfer to the UK
- getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
- learning the language of your country of imprisonment
- translating documents
- grants for food if you are in a developing country and do not have funds from other sources
- grants for essential medicines and toiletries if you do not have funds from other sources
- preparing for release
- help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays and Tuesdays 9:30am to 6pm (UK time)
Wednesdays to Fridays 9:30am to 4:30pm (UK time)
89 – 93 Fonthill Road
London N4 3JH
UK