HomeBreaking News*When a Complainant Becomes the Accused: How Vengeful Policing Fuels Prison Congestion* 

*When a Complainant Becomes the Accused: How Vengeful Policing Fuels Prison Congestion* 

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In January 2026, the CLEEN Foundation convened a national webinar titled “Behind the Bars: Interrogating Nigeria’s Rising Inmate Population.”

The discussion brought together criminal justice experts, correctional authorities, and scholars, including Professor Etannibi Alemika and senior officials of the Nigerian Correctional Service.
The message was sobering. Nigeria’s correctional centres are dangerously overcrowded. Facilities built for 300 inmates now hold over 700. The majority are awaiting trial – not convicted criminals, but citizens caught in prolonged and often avoidable pretrial processes.
Speakers identified a major driver of this crisis: policing practices at the front end of the justice system – arbitrary arrests, weak investigations, monetised bail, malicious prosecutions, and poor exercise of discretion.
Barely weeks after that discussion, a case in Ogun State emerged that tragically illustrates these systemic failures.
 *The Case of Mrs. Akinluyi Rosemary*
Mrs. Akinluyi Rosemary, a 44-year-old widow, did what responsible citizens are encouraged to do: she reported a crime.
After discovering vandalism in an apartment belonging to her landlady, Mrs. Osamudiamen Igunma, she reported the matter at Ajuwon Police Station on 5 February 2026.
Instead of being treated as a complainant, she was allegedly pressured to falsely implicate another individual. When she refused, she was reportedly reclassified as the principal suspect without credible evidence. She was compelled under intimidation to sign an undertaking to replace electrical wiring. Her brother was allegedly made to pay ₦30,000 as bail – despite longstanding police regulations that bail is free.
The Rule of Law and Accountability Advocacy Centre (RULAAC) petitioned the Divisional Police Officer (DPO), Yusuf (08039739264), over these irregularities.
What followed raises even more troubling questions.
 *From Petition to Prosecution*
Shortly after RULAAC’s petition, which specifically mentioned the alleged ₦30,000 bail collection, Mrs. Akinluyi was invited to the station. She was not informed beforehand that she would be charged to court. Upon arrival, she was told she was being prosecuted.
She was arraigned in Charge No. MOJ/2C/2026 on three counts:
– Breaking
– Stealing electrical fittings valued at ₦745,406
– Malicious damage valued at ₦745,406
According to information available to RULAAC, she was told that if the petition had not mentioned the ₦30,000 bail money, the matter would have been “resolved without going to court.”
If accurate, that statement speaks volumes. Prosecution must never be deployed as retaliation for filing a complaint against police misconduct.
 *Bail Granted – Yet Liberty Delayed*
The court granted Mrs. Akinluyi bail. Her sureties promptly provided all required documentation to perfect the bail conditions. Court officials were sorting and finalising the paperwork and reportedly indicated they were nearly done.
At that point, the Investigating Police Officer (IPO), PC Oludotun Oluwafemi, allegedly insisted on immediately transporting her to Abeokuta Correctional Centre.
Despite advice from court officials that the paperwork was almost complete and that moving her was unnecessary, the IPO reportedly refused to wait and proceeded to take her to Abeokuta prison.
Minutes after he departed with her, the bail conditions were fully perfected. As a result:
– Mrs. Akinluyi was unnecessarily subjected to incarceration.
– One of the sureties had to provide ₦15,000 to enable a court official to travel from Ojodu to Abeokuta the following day to secure her release.
– The justice system incurred avoidable administrative and financial burdens.
When a defendant has been granted bail and documentation is moments from completion, rushing her to prison despite contrary advice raises serious questions. Bail is meant to secure liberty pending trial – not to impose additional hardship.
 *Why This Matters Beyond One Case*
This case is not just about one woman. It reflects broader systemic patterns:
– Turning complainants into suspects without transparent investigative findings.
– Monetising bail contrary to official directives.
– Deploying criminal charges as leverage in what appears to be a civil dispute.
– Exercising prosecutorial discretion in ways that appear retaliatory.
– Frustrating bail processes in ways that result in avoidable detention.
Every unnecessary pretrial detention contributes to prison congestion. Every retaliatory prosecution erodes public trust. Every monetised bail demand undermines the rule of law.
As emphasised during the CLEEN webinar, early policing decisions significantly shape justice outcomes. When those decisions are arbitrary or vengeful, the consequences ripple across the entire system.
 *A Call for Accountability*
RULAAC calls on the Chairman, Police Service Commission (PSC) to:
1. Investigate the conduct of DPO Yusuf and officers of Ajuwon Police Station, including IPO PC Oludotun Oluwafemi.
2. Determine whether the prosecution of Mrs. Akinluyi Rosemary was professionally justified or retaliatory.
3. Investigate the alleged ₦30,000 bail collection and order refund if confirmed.
4. Examine the circumstances surrounding the hurried transfer to Abeokuta Correctional Centre despite imminent perfection of bail.
5. Recommend appropriate disciplinary measures where misconduct is established.
6. Reinforce compliance with the Nigeria Police Act 2020, the Administration of Criminal Justice framework, and directives prohibiting monetisation of bail.
 *The Larger Question*
If citizens fear that reporting a crime may result in their own prosecution, how can policing succeed?
If bail becomes punishment rather than protection, how do we reduce pretrial detention?
If accountability mechanisms fail to respond, what message does that send?
Nigeria’s prison congestion crisis is not an abstract problem. It is built case by case, decision by decision, discretion by discretion.
Justice must never be weaponised. And bail must never become punishment.
Mr Okechukwu Nwanguma is the Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC)
08064974531

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